Terms of use

Terms of Use for the Website of WHILL

(https://whill-europe.com/)

Thank you for visiting the Website of WHILL Europe B.V., located at Arena Boulevard 61, 1101 DL Amsterdam, the Netherlands (WHILL). The website https://whill-europe.com/ (Website) and its contents are property of and managed by WHILL. Please carefully read the following terms of use pertaining to the Website (Terms of Use).

  1. Applicability

    1. These Terms of Use apply to your visit to and your use of this Website, as well as to all information, recommendations and/or services provided to you on or through this Website (Information).
    2. By accessing or using this Website, you agree to the applicability of our Terms of Use, as amended from time to time. Please take the time to take notice of possible changes.
    3. These Terms of Use were last changed on October 31, 2019.
  2. Intellectual Property

    1. Unless otherwise stated or indicated, all text, software programs available on or through this Website, and other content included on this Website (Content), including trademarks, graphics, photographs, videos, images, and logos (collectively, the Marks) is the property of WHILL or of third parties who have permitted WHILL the use of such Content on this Website. You are not granted any rights or licenses to the Marks.
    2. Subject to the Terms of Use, WHILL grants you a non-exclusive and non-transferable, license to use the Website and the Content and to access the features for your personal use only, subject to the restrictions and obligations set forth in Section 2.3. You are permitted to read the Website and the Information and make copies for your own personal use, for example by printing or storing it. Further reaching rights (such as for example the right of screen-scraping or web-scraping) are not granted, unless expressly permitted by WHILL.
    3. In particular, you shall not be entitled to:
      1. copy or reproduce the Website in whole or in part, unless such copy or reproduction is connected with the normal use of the Website,
      2. license or sublicense the Website in whole or in part, distribute, assign, transfer or otherwise make available the Website (including the Object Code and the Source Code) in any form and for any purpose whatsoever,
      3. translate, merge, adapt, alter or modify the Website in whole or in part in any form whatsoever, or
      4. integrate all or part of the Website into another program.
  3. Information, Availability and Limitation of Liability of WHILL

    1. WHILL controls this Website from the Netherlands and makes no representation that the information provided on or via this Website is appropriate or available for use in other locations.
    2. The Information on the Website is for general information purposes only and does not constitute advice. WHILL will reasonably keep the Information on this Website correct but does not warrant that the Website and/or the Information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up-to-date and accurate. This Website and its Content are provided “as is”, without warranty of any kind, either express or implied.
    3. WHILL cannot guarantee the availability of the Website at all times. This applies in particular in the case of maintenance and repair work and in cases of force majeure. WHILL reserves the right to restrict your access to and use of the Website at any time without notice in order to perform maintenance or make changes. In the event of an interruption of access due to such maintenance or updates, no claims may be made against WHILL.
    4. WHILL shall be liable without limitation for damages due to injury to life, body or health resulting from an intentional or negligent breach of duty by WHILL or a legal representative or vicarious agent.
    5. WHILL shall not be liable for any damages resulting from the use (or the inability to use) of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information of the Website, unless these damages are due to intent or gross negligence on the part of WHILL or due to intent or gross negligence of a legal representative or vicarious agent of WHILL.
    6. WHILL shall further not be liable for any damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. This does not apply if these damages occur due to an intentional or grossly negligent breach of duty by WHILL or a legal representative or vicarious agent.
    7. If the Website provides links to external websites, WHILL shall not be liable for the use or the content of websites that link to this Website or which are linked from it. Our Privacy Policy does not apply to any collection and processing of your personal data on or through such external websites.
  4. Use of the Website by the Visitor, Liability of the Visitor

    1. You are obliged not to violate any applicable law or any contractual provisions when using the Website. You are further obliged not to misuse or illegally use the Website for any unlawful or punishable purpose or to permit such use, such as for example:
      1. hacking the Website or introducing any malicious code, including viruses or harmful data,
      2. the use of devices or programs to extract data or Information from the Website,
      3. sending any file that contains viruses, worms, Trojan horses or any other code, file, script, means or software that may damage or alter the functionality of the Website, or
      4. the impairment or breach of the integrity of the performance of the Website or the data it contains.
      5. caching unauthorized hypertext links to this Website, and the framing of any Content available through this Website. WHILL reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to this Website.
    2. You further undertake not to send any illegal content via the contact form, in particular such content,
      1. which infringe the intellectual property rights or personal rights of third parties,
      2. incite hatred or violence to any content that is obscene or racist,
      3. defamatory content; or
      4. any other content which may be contrary to accepted principles of morality or public policy.
    3. You agree not to use the Website for any purpose other than as provided in these Terms of Use and not to take any action that may infringe the intellectual property rights or reputation of WHILL or any third party.
    4. You further agree not to use the Website in any manner that damages, disables, overburdens, interrupts or impairs the operation or security of the Website.
    5. You are solely responsible for all activities performed by a third party from your equipment and/or access to the Website. In this case, you shall indemnify WHILL against all third-party claims that may arise out of or in connection with your use of the Website or the use of the Website by third parties through your equipment.
  5. Privacy Policy

    WHILL collects and processes your personal data when visiting the Website according to the Privacy Policy.

  6. Cookies

    When you visit our Website, Cookies can be automatically installed on your equipment. Cookies are small text, image, or software files that are placed and stored on smartphones, tablets, or computers when you visit a website. Further information on cookies can be found in our Privacy Policy.

  7. Applicable Law and Jurisdiction

    1. These Terms of Use shall be exclusively governed by the laws of the Netherlands.
    2. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be exclusively resolved by the competent court of Amsterdam, on the proviso that consumers may also bring disputes in connection with these Terms of Use to the competent court of his/her place of residence.
  8. Contact

    1. For products or services presented on the Website, you can use the contact form to send non-binding enquiries about the products offered by WHILL. WHILL will respond to you via the contact data you provided and will answer your request and, if necessary and desired, submit suitable offers to you.
    2. You may direct comments and questions about the Terms of Use to WHILL Europe B.V. also via E-Mail: info@whill-europe.com