TERMS AND CONDITIONS GOTOVIAR B.V.
By using our Services, you agree to be bound by these Terms and Conditions which we may update from time to time. Your continued use of the Services constitutes your consent to such changes. If you do not agree to these terms and conditions, you may not use the services.
These terms and conditions apply to all of our services. They form an integral part of the Agreements concluded with the User.
These terms and conditions will be sent by electronic means or other means upon request.
1. License
1.1. We grant you a non-exclusive, non-transferable license to use our Service for your own personal or commercial use.
1.2. You may not use our Service for any illegal or unauthorized purpose.
1.3. You may not copy, modify, distribute, sell, or transfer any part of our Service without our prior written consent.
2. Payment
2.1. Payment for our Service is due at the time of purchase.
2.2. We accept payment by electronic bank transactions or other payment methods that we may make available from time to time.
2.3. All prices are in euro and are subject to change without notice.
2.4. You represent and warrant that you have the legal right to use any bank account(s) or credit card(s), that you use to pay for the GOTOVIAR services.
2.5. You will also be responsible for paying any applicable taxes relating to your purchases.
2.6. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
2.7. In case of errors or questions about your electronic transactions, mail to info@gotoviar.com.
3. Delivery
3.1. Our Service is delivered electronically via download from our website, via our data server or via email.
3.2. We will use commercially reasonable efforts to deliver our service promptly after your payment has been received.
3.3. We are not responsible for any delay or failure in delivery due to any cause beyond our control.
3.4. We are entitled at its own discretion to release updates that bring about new, adapted or deleted functionalities/graphic elements in the Software. Insofar as the essential functional characteristics of the Software are impaired as little as possible, the User does not have to be informed of this in advance.
3.5. We are permitted to temporarily interrupt the Software for (emergency) maintenance. If possible, it will inform the User about this in advance and will endeavor to schedule this maintenance at the least disruptive time possible.
3.6. In the event of force majeure, our fulfilment of the obligations arising from the subscription will be partially or totally suspended for the duration of the force majeure.
3.7. Force majeure shall in any case include: governmental measures; disruption to internet, computer network or telecommunications facilities; staffing issues; strike; general transport problems; and shortcomings or non-(timely/complete) availability of the products/services of suppliers, including hosting companies, ISPs and (open source) software vendors.
4. Security and Privacy
4.1. Using both hardware and software, we will endeavor to protect the Software and uploaded data/designs against misuse of and unauthorized access to the User’s data.
4.2. We also endeavors to keep the Software up-to-date with regard to security aspects. However, we never guarantees that the information security is effective under all circumstances.
4.3. After the end of the subscription, we will remove or return (at the User’s discretion) all personal data, unless the law requires storage thereof.
5. Warranty
5.1. We warrant that our Service will perform substantially in accordance with the accompanying documentation.
5.2. We do not warrant that our Service will be error-free or that any errors will be corrected.
5.3. Our Service is provided “as is” and without warranty of any kind, either express or implied.
6. Intellectual Property
6.1. Our Service is protected by copyright, trademark, and other intellectual property laws.
6.2. You may not use any of our trademarks or service marks without our prior written consent.
6.3. You may not reverse engineer, decompile, or disassemble our Service or any part thereof.
7. Indemnification
7.1. You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your use of our Service.
7.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Limitation of Liability
8.1. In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with our Service.
8.2. In no event shall we be liable for any accidents, motion sickness, seizures, eye strain, disorientation or injuries that may occur while using our products or services.
8.3. Our liability for consequential loss, loss of profit, lost turnover or savings, reduced goodwill, damage due to business stagnation, damage as a result of claims by the User’s customers, data mutilation, data loss or incorrect display of data, is excluded.
8.4. Furthermore, we are not liable for damage caused by the acts or omissions of its suppliers, including the hosting companies, resellers and (open source) software suppliers that it has engaged.
8.5. Our liability shall be limited to the amount you paid for our Service.
9. Other provisions
9.1. We are entitled to periodically modify and/or supplement these terms and conditions. The User accepts these modifications if they continue to use the software and services after said modifications have been made.
9.2. If any provision of these terms and conditions proves to be void or voidable or is or becomes invalid in whole or in part for any other reason, the remaining provisions will remain in full force. The parties will replace the invalid clause with a clause that is valid and of which the legal consequences,
9.3. Considering the content and scope of these terms and conditions, correspond as far as possible to those of the invalid clause.
9.4. These terms and conditions are exclusively governed by Dutch law.
9.5. All disputes between the parties that arise from or relate to these terms and conditions will exclusively be submitted to the Zeeland-West-Brabant District Court.
These Terms and Conditions became effective on February 2023.
GOTOVIAR B.V. is a Dutch company registered under the chamber of commerce number 89031938 and VAT number NL864857287B01
GOTOVIAR B.V.
Rechtzaad 15
4703 RC Roosendaal
The Netherlands
+31 (0)6 48 63 33 21
info@gotoviar.com
www.gotoviar.com
KVK:89031938
VAT: NL864857287B01