TERMS & CONDITIONS FOR WEBSHOPS.
NOTICE – PLEASE READ CAREFULLY: THE USE OF THE WEBSHOPLOGIN PRODUCTS IS CONDITIONAL UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT (the “Agreement”) is between WEBSHOPLOGIN B.V. (“WEBSHOPLOGIN”) and the legal entity (“Webshop”) using or installing a single-sign-on service offered by WEBSHOPLOGIN (the “Services”). By purchasing, accessing or otherwise using the Services, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the terms and conditions of this Agreement, do not use the Services.
SERVICES PROVIDED BY WEBSHOPLOGIN
These Terms and Conditions govern the purchase, use or installation of WEBSHOPLOGIN’s single-sign-on product(s). By purchasing access or using the Services, you agree to be bound by these Terms and Conditions. WEBSHOPLOGIN has the right to alter, expand or reduce the features of the Services at its discretion. You shall provide all user information required by WEBSHOPLOGIN to support a single-sign-on service as offered by WEBSHOPLOGIN.
WEBSHOPLOGIN may, for operational reasons, vary from time to time the technical specifications of the Services or the methods of access to the Services.
USE OF SERVICE
If WEBSHOPLOGIN requests registration information from you, you will provide WEBSHOPLOGIN with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If WEBSHOPLOGIN issues you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify WEBSHOPLOGIN of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of any session.
WEBSHOPLOGIN will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying WEBSHOPLOGIN’s websites and the Services are the property of WEBSHOPLOGIN and its partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying WEBSHOPLOGIN’s websites or the Services. You agree not to modify the software underlying WEBSHOPLOGIN’s websites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to WEBSHOPLOGIN’s websites, products or sessions.
Without limiting the foregoing, you agree that you will not take any of the following actions while using WEBSHOPLOGIN’s websites or products:
a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b) Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, WEBSHOPLOGIN websites, any software or hardware, or telecommunications equipment;
d) Advertise or offer to sell any goods or services for any commercial purpose unless you have WEBSHOPLOGIN’s written consent to do so;
e) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f) Download any file that you know or reasonably should know cannot be legally obtained in such manner;
g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h) Restrict or inhibit any other user from using, participating in or enjoying any public area within WEBSHOPLOGIN websites or products;
i) Collect or store personal information about other end users;
j) Interfere with or disrupt WEBSHOPLOGIN websites, servers, products or networks;
k) Impersonate any person or entity, including, but not limited to, a WEBSHOPLOGIN employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through WEBSHOPLOGIN websites or to manipulate your presence on WEBSHOPLOGIN websites;
m) Take any action that imposes an unreasonably or disproportionately large load on WEBSHOPLOGIN infrastructure;
n) Engage in any illegal activities;
o) Record or tape the Services or any part thereof.
Resell, attempt to resell or otherwise generate income from the Service unless prior written approval is granted by WEBSHOPLOGIN.
Unauthorized access to any WEBSHOPLOGIN’s websites or products is a breach of these Terms and a violation of the law. You agree not to access WEBSHOPLOGIN’s websites or products by any means other than through the interface that is provided by WEBSHOPLOGIN for that purpose. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services or WEBSHOPLOGIN’s websites, except those automated means that we have approved in advance and in writing.
Access to the Services and use of WEBSHOPLOGIN’s websites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services or any of WEBSHOPLOGIN’s websites.
WEBSHOPLOGIN may terminate your right to use the Services without notice if WEBSHOPLOGIN has a reasonable belief that you are violating or will violate any of the provisions of this Agreement, including without limitation any provision of section 2.03 herein. Your right to use WEBSHOPLOGIN’s services ceases immediately upon termination.
PAYMENT AND REFUND
3.01 Charges and Invoicing.
Payment for products or services must be made in full at the time Webshops receive an invoice. If Webshops do not make a payment, WEBSHOPLOGIN will send one reminder. If no payment is received within 14 days after this reminder WEBSHOPLOGIN will take legal actions. Costs of these legal actions will be charged towards the Webshop.
3.02 Taxes, Fees and Surcharges.
In addition to the rates for the Service, Webshops shall pay all applicable fees, duties, tolls, surcharges or governmental taxes now or in the future that are attributable to the Services and included on the webshop’s billing.
INDEMNIFICATION AND LIMITATIONS OF LIABILITY
You hereby agree to indemnify, defend and hold WEBSHOPLOGIN and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “WEBSHOPLOGIN Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any WEBSHOPLOGIN Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
a) Your use of the Services or WEBSHOPLOGIN sites or products;
b) Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
c) Any content that you submit to WEBSHOPLOGIN websites;
d) Your connection to WEBSHOPLOGIN websites or products;
e) Your violation of these Terms;
f) Your violation of the rights of any other person or entity.
WEBSHOPLOGIN reserves the right, at WEBSHOPLOGIN’s own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify WEBSHOPLOGIN, and you agree to cooperate with WEBSHOPLOGIN’s defence of these claims.
WEBSHOPLOGIN disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any data, information or material. WEBSHOPLOGIN disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from WEBSHOPLOGIN websites or the Services. WEBSHOPLOGIN disclaims any responsibility for any costs incurred by you to access the internet in order to use the Services. WEBSHOPLOGIN disclaims any responsibility for, and if you pay to buy any product you will not be entitled to a refund as a result of, any service outages that are caused by maintenance on the servers or the technology that underlies WEBSHOPLOGIN’s websites, failures of WEBSHOPLOGIN’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WEBSHOPLOGIN does not warrant that the Services will be uninterrupted or error free. In addition,WEBSHOPLOGIN does not make any warranty as to the content provided in the Services. The Services and all content thereof are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through the Services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. Neither WEBSHOPLOGIN nor any of its partners makes any warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material that you purchase or obtain through the Services will meet your expectations, and (v) any errors will be corrected. Neither WEBSHOPLOGIN nor any of its partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services or any part or aspect thereof. You expressly agree that you will assume the entire risk as to the quality and the performance of the Services and the accuracy or completeness of its content.
4.04 Limitation of Liability.
Neither WEBSHOPLOGIN nor its partners shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Services, even if WEBSHOPLOGIN has been advised of the possibility of such damages. Webshop agrees that all damages are excluded except for the direct damages that are actually incurred by Webshop in reasonable reliance, up to the lesser of the amount of a refund of the price Webshop actually paid for the specific product(s) with respect to which damages are claimed.
This Agreement is personal to the Webshop and may not be assigned.
5.02 Law and Jurisdiction
The laws of the Netherlands shall govern this Agreement.
5.04 Entire Agreement
This Agreement states the entire agreement between the parties and supersedes all prior representations, agreements, proposals, correspondence, discussions, meetings, negotiations and/or any other understandings relating to its subject matter.
WEBSHOPLOGIN may modify this Agreement at any time in its absolute discretion. The current version of this Agreement will always be posted on WEBSHOPLOGIN’s website, together with the date on which the Agreement was last modified. By using the Services after the date on which the Agreement was last modified, you are indicating your acceptance of the current version of this Agreement.
Last modified: August 22th 2016 by WebshopLogin B.V.