Terms and Conditions for cryoDuck B.V. Website
Last updated: May 13th, 2023
1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the cryoDuck B.V. website, its content, and any products or services provided through the website (collectively, the "Website"). By accessing or using the Website, you agree to be bound by these Terms and comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use the Website and services.
These Terms are in addition to our Privacy and Cookies Policy, which outlines how we collect, use, and protect your personal data when you visit our Website or use our services. Please review our Privacy and Cookies Policy to understand our practices.
2. Intellectual Property Rights
All content, including but not limited to text, images, graphics, logos, and any other material on the Website, is the property of cryoDuck B.V. or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use the content on the Website for any commercial purpose without obtaining prior written consent from cryoDuck B.V. or the respective copyright owner.
3. User Conduct
By accessing or using the Website, you agree not to:
Engage in any unlawful, fraudulent, or harmful activities.
Attempt to gain unauthorized access to the Website or any related systems or networks.
Use the Website to transmit or distribute any viruses, malware, or other harmful software.
Interfere with or disrupt the proper functioning of the Website or any related systems or networks.
4. Third-Party Websites and Services
Our Website may contain links to third-party websites and services. We are not responsible for the content, privacy policies, or practices of these external sites. We encourage you to review the terms and conditions and privacy policies of any third-party websites or services you visit.
5. Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis. cryoDuck B.V. makes no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness, or suitability of the Website or its content for any purpose. Your use of the Website is at your sole risk.
6. Limitation of Liability
In no event shall cryoDuck B.V. or its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, but not limited to, loss of profits, data, use, or goodwill) arising out of or in connection with your access to, use of, or inability to use the Website, even if cryoDuck B.V. has been advised of the possibility of such damages.
7. Changes to Terms and Conditions
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any changes to these Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed about any changes.
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be exclusively referred to the competent court in the Netherlands, without affecting either party's right to apply for summary proceedings. As the plaintiff or petitioning party, we may choose the competent court of your domicile or place of business. Both parties irrevocably waive any right to a jury trial in any action or proceeding between you and us, whether related to these Terms or otherwise.
9. Contact Us
If you have any questions or concerns about these Terms, please feel free to contact us.
10. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
11. Waiver
No failure or delay by cryoDuck B.V. in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that or any other right or remedy.
12. Entire Agreement
These Terms, together with our Privacy and Cookies Policy, constitute the entire agreement between you and cryoDuck B.V. with respect to your access to and use of the Website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
13. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to the Website, without notice, for any reason, including but not limited to, breach of these Terms.
14. Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. cryoDuck B.V. may assign or transfer its rights and obligations under these Terms without restriction.
15. Indemnification
You agree to indemnify, defend, and hold harmless cryoDuck B.V., its affiliates, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your access to, use of, or inability to use the Website or any violation of these Terms or applicable laws.
16. Force Majeure
cryoDuck B.V. shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.