Terms and Conditions
1.1 The terms and conditions (the “Terms and Conditions”) under which you (“User ”) may use the Web site and services of Jeroen Steeman (“Jeroen Steeman”, “We” or “Us”) as a venue to carry out transactions and use the services offered in the Web site are described below. These Terms and Conditions establish the framework under which commercial and contractual relationships may be developed between Jeroen Steeman and users. Access to the Jeroen Steeman Web site (the “Web Site”) is available to authorized users subject to these Terms and Conditions.
1.2 By clicking on the button on the entry page entitled “Submit” or by accessing, using, browsing, or placing orders through the Web Site, User accepts these Terms and Conditions. If User does not agree to the aforementioned Terms and Conditions, then do not register or attempt to use the Web Site. If User has any questions about these Terms and Conditions, User should contact: Jeroen Steeman
2. COMPETENCE AND FITNESS
The services offered by Jeroen Steeman are directed to persons that are legally competent to enter into binding contracts. Likewise, the services may not be used by those individuals who lose their User capacity, either because User has terminated User’s registration or because We have suspended or terminated User’s capacity to use its services, whether indefinitely or temporarily.
3.1. To use the services of Jeroen Steeman available through the Web Site, a User must submit the registration application, providing complete and accurate information as requested (the “Registration Information”). User shall update the Registration Information as necessary to keep it accurate and complete, or at the request of Jeroen Steeman, and in no event shall We be liable for any damages arising from Registration Information not timely updated. We may, at any time, verify or validate the Registration Information, but We will have no obligation to do so.
3.2. Once the Registration Information is registered, We may verify or validate the Registration Information, which may take up to five (5) business days from receipt. Once We have received complete Registration Information and completed any validation or verification thereof, if We determine in our sole discretion that User is eligible to participate in the Web Site, We will assign a User name (“User Name”) and password (“User Password”) to establish an account for User (“Personal Account”).
3.3. In order to carry out transactions, the User shall access User’s Personal Account by entering in the User Name and Password on the entry page of the Web Site.
3.4. You agree that We may rely on any data, notice, instruction or request furnished to Us by You, which is reasonably believed by Us to be genuine and to have been sent or presented by a person reasonably believed by Us to be authorized to act on Your behalf. You shall notify Us by e-mail at email@example.com of any known or suspected unauthorized use(s) of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your Login or Password. Each User shall be responsible for all activities and charges in connection with use of User’s Personal Account by any person or entity having access thereto, and for ensuring full compliance with these Terms and Conditions by all users of User’s Personal Account. User shall take all reasonable steps necessary to inform any and all of User’s employees, officers, or agents who access and/or use the Web Site of the terms and conditions governing such access and/or use. User’s Personal Account with Jeroen Steeman may not be transferred without the express prior written approval of Jeroen Steeman and shall be subject to any limits and restrictions on use that We may establish from time to time.
3.5 User shall take all reasonable precautions to ensure the confidentiality of the User Name and User Password We assign to User, and shall be solely liable for any and all costs, expenses, damages, liabilities, penalties or other economic harm, including reasonable attorney’s fees and costs incident to any litigation or arbitration proceeding, including any appeals, resulting from disclosing, or suffering or permitting disclosure of any User Name or User Password. In the event of any such disclosure or other breach of security, User shall be liable for any unauthorized use of the Web Site until We receive written notice by registered letter thereof.
4. USE OF INFORMATION
4.1 “User Information” means collectively the information User provides in the registration process, using any of the services or other features of the Web Site, or purchasing on or through the Web Site.
4.2 We will use User Information in connection with the operation of the Web Site, to provide the services available through the Web Site, and for our business purposes, all in accordance with the applicable Privacy Statement. User hereby grants Jeroen Steeman, its agents and assigns, a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub licensable right and license to use the User Information in connection with the Web Site, to provide the services and any future services, and for the current and future business purposes of Jeroen Steeman in any media now known or hereafter developed.
4.3 We agree not to sell, provide, or make User’s information available to third parties, for profit or for any other purpose except as provided in the applicable Privacy Statement.
5. ON-LINE CONDUCT
5.1 User shall:
(a) use the Web Site and the services provided by Jeroen Steeman only for lawful purposes;
(b) be solely responsible for and ensure that User’s Personal Account shall not be used in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any local, state, provincial, national or other applicable competition law; and
(c) bear all risk associated with carrying out such transactions through the Web Site and User’s use of the Web Site.
5.2 User shall not:
(a) take or encourage any action on or in connection with the Web Site that violates any applicable local, state or provincial, national, or international law or regulation;
(b) post on or transmit through the Web Site any unlawful, harassing, defamatory, libelous, abusive, threatening, vulgar, obscene, harmful, or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
(c) assume the identity of, provide false information about, or misrepresent User’s relationship to any person or entity;
(d) interfere with or disrupt the Web Site, any of its features, or networks connected to the Web Site by any means, or engage in any conduct that restricts or inhibits any other user from using or participating in the Web Site or services offered by Jeroen Steeman;
(e) attempt to gain access to any computer system through the Web Site;
(f) provide false, inaccurate, or misleading information about User or otherwise; or
(g) use any software program, routine, or device for the purpose of copying, retrieving or manipulating the information contained in the Web Site or provided by the other users without prior written consent of Jeroen Steeman or of the licensor of the information published on the Web Site.
6. NATURE OF JEROEN STEEMAN SERVICES
6.1 The Web Site is a web based application, hosted by Jeroen Steeman and available to Users, to allow Users to purchase services from Jeroen Steeman. The Web Site provides links to templates and lists User Content (as defined herein) for providing software services and products, where Users can browse, order and create services online for products and services which are to be developed by or on behalf of Jeroen Steeman or by third parties with whom User will enter into separate transactions. In addition, the Web Site may from time to time offer informational services related to products and services, including but not limited to, online newsletters, social media and directories. Such services may be made available subject to additional terms and conditions, which will be posted either as revisions to these Terms and Conditions, or separately prior to User being given access to such services.
6.2 User acknowledges that through the Web Site it will be possible to place project development orders (“Project Development Orders”) with Jeroen Steeman.
7. ORDERS AND PRODUCT MATTERS
7.1 All offers made by Jeroen Steeman in electronic or other form shall be free of obligation, unless explicitly stated otherwise. Jeroen Steeman shall be entitled to withdraw its offer within two (2) working days after receipt of a Development Project Order from User. Jeroen Steeman shall at any time be entitled to amend its services and alter the goods, specifications and instructions for use to improve them or to comply with applicable standards and governmental regulations. Illustrations, catalogues, information, data, documents, colors, drawings, dimensions, statements of weight and measurements etc. made available by Jeroen Steeman are only meant to present a general idea of the goods and services to which they refer; they are approximate only and not binding.
7.2 Upon Jeroen Steeman's receipt of the following notifications, User makes an irrevocable and unconditional offer to buy printed matter as set forth in the relevant Printing Order:
(a) User has placed an Order on the Web Site of Jeroen Steeman by comprehensibly and completely filling in an order form on the Web Site of Jeroen Steeman (“Development Order Form”);
(b) User has subsequently clicked on the icon “Submit Order” on the Web Site of Jeroen Steeman;
(c) User has (i) confirmed that the submitted information in the Order Form is correct and (ii) User has instructed Jeroen Steeman to charge User’s current account with Jeroen Steeman (“User’s Account ”) for the items in the Order Form by clicking on the icon “Confirm Order” on the Web Site of Jeroen Steeman.
7.3 User shall not be entitled to cancel and/or modify an Order.
7.4 Jeroen Steeman, within a reasonable period after receipt of a Development Order Form, will confirm receipt thereof to User (“Order Confirmation”). User’s receipt of an electronic or other form of Order Confirmation does not signify Jeroen Steeman's acceptance of User’s order, nor does it constitute confirmation of Jeroen Steeman's offer to sell. Jeroen Steeman reserves the right at any time after receipt of Your Order to accept, decline, or limit User’s order for any reason, whether or not User’s Account has been charged. If User’s Account has been charged and User’s order is canceled by Jeroen Steeman, User will receive a prompt refund credit to User’s Account. Jeroen Steeman reserves the right at any time after receipt of User’s Order, without prior notice to User, to supply less than the quantity User ordered of any item. All orders placed over ten thousand Euro [EURO 10.000,-] must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any Order.
7.5 User shall immediately notify Jeroen Steeman in the event the Order Confirmation deviates from the relevant Order. If Jeroen Steeman has not received such notification within a period of two hours User was able to access the Order Confirmation, the Order will be deemed to be submitted in the form as stated in the Order Confirmation.
7.6 Execution of a Project Development Order by or on behalf of Jeroen Steeman shall always be solely subject to these Terms and Conditions and the relevant Printing Order, unless Jeroen Steeman has explicitly agreed in writing to any deviating term or condition.
8.1 Unless otherwise agreed, each agreement will be entered into for one specific and specified job. Each delivery and each provision of services shall be considered a separate transaction and default in relation to any one delivery or service shall not vitiate the relevant agreement as regards the other deliveries or services. No failure of or delay in delivery of any instalment nor any defect in the contents thereof shall entitle the Buyer to treat the relevant agreement as repudiated with regard to any remaining instalments. may for weighty reasons, to be determined at its discretion, prematurely discontinue or give notice of termination of the agreement in whole or in part. The Buyer is, in such case, obliged to pay for the goods supplied. Jeroen Steeman will not be obliged to compensate any damage which the Buyer might incur as a consequence thereof.
9. NO WARRANTIES AND LIMITATION OF LIABILITY
9.1 We provide the Web Site “as is” as “as available,” and make no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.
9.2 We make no representations or warranties concerning any other Web site that User may access while using the Web Site (a “Linked Site”). User acknowledges that (i) each Linked Site is independent of the Web Site, (ii) by providing a link in the Web Site, We neither endorse nor accept responsibility for any content or use of any Linked Site. User shall bear all responsibility in connection with the use of any Linked Site.
9.3. User acknowledges that through the Web Site We provide a portal for the dissemination of information relating to Direct Marketing/direct mailing products and services, and that We are not a publisher of network content available or accessible on the Web Site, which is provided, uploaded, published or distributed by users and other participants in the Web Site (“User Content”). We do not exercise any editorial control over such User Content, which may contain the views, opinions, statements, offers, and other materials of the respective users, participants or authors. We do not endorse, are not responsible for and make no representations or warranties regarding any User Content, and User agrees that We shall have no liability whatsoever for or in connection with any User Content.
9.4 Under no circumstances shall We, any of our subsidiaries, affiliates, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing, operating or servicing of the Web Site (collectively the “Jeroen Steeman Affiliates”), be liable, under any legal theory, whether on the basis of a wrongful act or in tort, contract or otherwise, for any consequential, incidental, indirect, special, exemplary or punitive damages resulting in any way from the use of, or inability to use, the Web Site or any Linked Site, including, without limitation, any damages resulting from reliance on any User Content or content of any Linked Site, or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, defects, errors, omissions, inaccuracies, viruses, worms, trojan horses, delays or mistakes of any kind.
9.5 in no event shall the total liability of the Jeroen Steeman Affiliates, either jointly or severally, exceed the total amount for which Jeroen Steeman Affiliates can be held liable pursuant to the KVGO Terms and Conditions. We shall not be a party to, or be liable in any way for any damages associated with, any transaction between User and any other user or participant in the Web Site. Any products or services offered or sold on or through the Web Site by any person other than Jeroen Steeman are offered or sold subject to terms and conditions solely between such users or participants.
10.1 User covenants and agrees to defend, indemnify and hold harmless Jeroen Steeman and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with Jeroen Steeman, the “Indemnities'”) from and against, and to pay or reimburse the Indemnities for, any and all costs, expenses, damages, liabilities, penalties or other economic harm, including reasonable attorney’s fees and costs incident to any litigation or arbitration proceeding, including any appeals resulting from, arising out of, or related to (i) any breach by User of any of these Terms and Conditions, (ii) the placement or transmission by or through User or User’s Personal Account of any User Content on the Web Site; and (iii) any access to User’s Personal Account or any disclosure of the User Name or User Password of User (iv) any User Content contained in communications sent by Jeroen Steeman, whether or not on its own behalf, to third parties.
10.2 In the event any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under these Terms and Conditions, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnities shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnitee unless otherwise agreed to in writing by User or if User shall fail to promptly and diligently undertake the defense of such action.
11. Rights of Jeroen Steeman
11.1 We reserve the right at any time and in our sole discretion, to: (i) reject applications for registration, (ii) select Users, (iii) refuse or suspend service or subscription to the Web Site to any person or entity, or restrict or terminate User’s right to access or use the Web Site, for any reason or for no reason whatsoever. We may terminate immediately and without notice the Personal Account of any User who misuses the Web Site or fails to comply with any of these Terms and Conditions.
11.2 We may, in our sole discretion at any time and in any manner, modify these Terms and Conditions and adopt additional terms and conditions governing User’s access and use of the Web Site or the services We provide through the Web Site, including, without limitation, any fees and charges related to the Web Site. Any modification or addition shall be effective immediately upon its posting in this location or any other location designated for such purposes on the Web Site, or upon transmittal of written notice thereof to User. We may also, in our sole discretion and without prior notice or liability to User or any other participant in the Web Site, modify, supplement or discontinue any aspect of the Web Site, including, but not limited to, (i) restricting the hours or dates of access to the Web Site, (ii) restricting the means of access to the Web Site to certain computer types and to certain operating systems, or (iii) limiting the amount of access time and/or use permitted. These Terms and Conditions were last updated on 12/18/2012 18:20.
12.1 Either User or Jeroen Steeman may terminate User’s Personal Account at any time, for any reason or no reason at all.
12.2 In the event User is dissatisfied with (i) any of these Terms and Conditions or any change thereto, or any decision, policy, or action of Jeroen Steeman in operating the Web Site, or (ii) the quality, quantity or any other aspect of the User Content available at any time through the Web Site or any change therein, User’s sole remedy and recourse shall be to terminate User’s Personal Account by delivering written notice thereof to Jeroen Steeman.
12.3 We may terminate User’s Personal Account, or suspend any individual User’s access to all or any part of the Web Site, without notice, for any reason, including, without limitation, for any conduct that We, in our sole discretion, believe violates these Terms and Conditions, interferes with another user’s or participant’s use or enjoyment of the Web Site, or is harmful to another user or participant in the Web Site.
12.4. User acknowledges and agrees that the provisions of these Terms and Conditions shall survive the termination of User’s Personal Account and User shall thereafter remain bound by such provisions.
13. LIMITED LICENSE; INTELLECTUAL PROPERTY
13.1 We grant User a limited license to use the Web Site and services for User’s internal business purposes. User may not use the Web Site or services for purposes of collecting the email addresses or other information of other Users or listings or any data extraction or data mining. All content included in the Web Site, including but not limited to, text, graphics, logos, button icons, images, and software, are the property of Jeroen Steeman, content suppliers or other third parties and is protected by Dutch and international copyright laws and conventions. As between User and Jeroen Steeman, the compilation of all content on the Web Site is the exclusive property of Jeroen Steeman and is protected by Dutch and international copyright laws and conventions. The Web Site and its contents may only be used as a shopping and informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, public display or performance of the Web Site and its contents is prohibited.
13.2 The Web Site contains the trademarks and service marks of Jeroen Steeman, content suppliers or other third parties. All marks are the property of their respective owners. All rights in intellectual property in this Web Site, including copyrights, patents, trademarks, trade secrets, are reserved to their respective owners, and except as expressly stated in Section 11.1, no rights are granted to User therein.
14. GOVERNING LAW AND JURISDICTION; LANGUAGE
14.1 These Terms and Conditions and any offers issued and Agreement concluded between User and Jeroen Steeman shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. All disputes arising or in connection with any agreement existing between Jeroen Steeman and the User or future contracts resulting wherefrom, shall be exclusively settled : (i) in all cases where the User is established in a country that is a signatory to the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters ("EEX") and/or in a country that is a signatory to the Lugano Convention of 16 September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters ("EVEX"), by the competent court in ‘s-Hertogenbosch, the Netherlands; and (ii) in all other cases in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut). The arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be ‘s-Hertogenbosch, the Netherlands. The arbitral procedure shall be conducted in the English language. The arbitral tribunal shall decide in accordance with the rules of law. Consolidation of the arbitral proceedings with other arbitral proceedings, as provided in article 1046 of the Netherlands Code of Civil Procedure, is excluded; provided that this Article is without prejudice to the right of Jeroen Steeman to bring suit against the User before the competent court of the User’s domicile.
14.2 Translations of these Terms and Conditions may be presented in languages other than English for the convenience of Users. User expressly agrees that the English-language version of these Terms and Conditions shall control if there is any inconsistency between that version and any translation presented in other languages.
15. NO AGENCY; THIRD-PARTY BENEFICIARY
User acknowledges that we are not the agent, fiduciary, trustee, partner, or other representative of any User. Nothing expressed in, or that may be implied from, these Terms and Conditions is intended or shall be construed to give any person other than the parties hereto any legal right, remedy, or claim in connection with these Terms and Conditions.
Jeroen Steeman shall at all times be authorzied to have the User’s order to Jeroen Steeman, entirely or partly, executed by third parties.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No delay or failure of Jeroen Steeman to exercise or enforce at any time any right or provision of these Terms and Conditions shall be considered a waiver thereof. Headings are for reference only and have no substantive effect. These Terms and Conditions contain the entire agreement between the parties regarding the subject matter described herein, and supersede all prior and contemporaneous understandings and proposals, whether written or oral, regarding such subject matter.
18. OBLIGATIONS OF USER
User covenants and agrees to comply with all obligations pursuant to current and future applicable privacy legislation and related decrees, regulation and legislation in all dealings with Jeroen Steeman on or through the Web Site, including, but not limited to the obligations under such legislation in connection with all data supplied by User to Jeroen Steeman in electronic or other format. User shall provide Jeroen Steeman upon request with the relevant documents evidencing such compliance.