TERMS AND CONDITIONS
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. FEES AND PAYMENT
6. FREE TRIAL
7. CANCELLATION
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. MOBILE APPLICATION LICENSE
12. SOCIAL MEDIA
13. SUBMISSIONS
14. THIRD-PARTY WEBSITES AND CONTENT
15. U.S. GOVERNMENT RIGHTS
16. SITE MANAGEMENT
17. PRIVACY POLICY
18. TERM AND TERMINATION
19. MODIFICATIONS AND INTERRUPTIONS
20. GOVERNING LAW
21. DISPUTE RESOLUTION
22. CORRECTIONS
23. DISCLAIMER
24. LIMITATIONS OF LIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. CALIFORNIA USERS AND RESIDENTS
29. MISCELLANEOUS
30. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(“you”) and Factuur Simpel, doing business as
Factuur Simpel (
"Factuur Simpel",
“we”,
“us”, or
“our”), concerning your
access to and use of the
budgetinvoice.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered
in the Netherlands and have our registered office at De Burg 2A,
De Goorn, Noord-Holland 1648 JT. Our VAT number is
NL001236574B08. You agree that by accessing the Site, you have
read, understood, and agree to be bound by all of these Terms of
Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms
of Use from time to time. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change.
Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will
be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms
of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register
for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United
States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted
a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration
information as necessary; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not
access the Site through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the
Site for any illegal or unauthorized purpose; and (7) your use
of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
5. FEES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- iDeal
- Bancontact
- Direct Debit
-
And more... please ask support about the possibilities
info@factuursimpel.nl
You may be required to purchase or pay a fee to access some of
our services. You agree to provide current, complete, and
accurate purchase and account information for all purchases made
via the Site. You further agree to promptly update account and
payment information, including email address, payment method,
and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales
tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be
in Euros.
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase. If your purchase is subject to recurring charges, then
you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the
Site.
6. FREE TRIAL
We offer a 30-day free trial to new users who register with the
Site. The account will not be charged and the subscription will
be suspended until upgraded to a paid version at the end of the
free trial.
7. CANCELLATION
All purchases are non-refundable. You can cancel your
subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid
term.
If you are unsatisfied with our services, please email us at
info@factuursimpel.nl.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
-
Systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
-
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as
user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features
that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
-
Use any information obtained from the Site in order to
harass, abuse, or harm another person.
-
Make improper use of our support services or submit false
reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any applicable
laws or regulations.
-
Engage in unauthorized framing of or linking to the Site.
-
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Site.
-
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
-
Delete the copyright or other proprietary rights notice from
any Content.
-
Attempt to impersonate another user or person or use the
username of another user.
-
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
-
Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site.
-
Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Site to
you.
-
Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of
the Site.
-
Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
-
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader
that accesses the Site, or using or launching any
unauthorized script or other software.
-
Use a buying agent or purchasing agent to make purchases on
the Site.
-
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
-
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
-
Use the Site to advertise or offer to sell goods and
services.
- Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights
of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site
to use your Contributions in any manner contemplated by the
Site and these Terms of Use.
-
You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or publicity
rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use,
or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination
or suspension of your rights to use the Site.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making
Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions,
and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant
you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt
the application; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from
the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the
application; (4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted
by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or
intended; (6) make the application available over a network or
other environment permitting access or use by multiple devices
or users at the same time; (7) use the application for creating
a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site: (1) the license granted
to you for our mobile application is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services
with respect to the mobile application as specified in the terms
and conditions of this mobile application license contained in
these Terms of Use or as otherwise required under applicable
law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support
services with respect to the mobile application; (3) in the
event of any failure of the mobile application to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid
for the mobile application, and to the maximum extent permitted
by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile
application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of
agreement when using the mobile application, e.g., if you have a
VoIP application, then you must not be in violation of their
wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these
Terms of Use, and that each App Distributor will have the right
(and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party
beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Site, you may link your
account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any
of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed
by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in
your Third-Party Account (the “Social Network Content”) so that
it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your
Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available
on and through the Site. You will have the ability to disable
the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account
and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your Third-Party
Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt
to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username
and profile picture that become associated with your account.
13. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
14. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should
be aware these Terms of Use no longer govern. You should review
the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from
the Site or relating to any applications you use or install from
the Site. Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you
shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
15. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are
acquired by or on behalf of any agency not within the Department
of Defense (“DOD”), our services are subject to the terms of
these Terms of Use in accordance with FAR 12.212 (for computer
software) and FAR 12.211 (for technical data). If our services
are acquired by or on behalf of any agency within the Department
of Defense, our services are subject to the terms of these Terms
of Use in accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to
technical data acquired by the DOD. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFARS, or
other clause or provision that addresses government rights in
computer software or technical data under these Terms of Use.
16. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Site.
17. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:
budgetinvoice.com/privacy . By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in the Netherlands. If you access the
Site from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the Netherlands,
then through your continued use of the Site, you are
transferring your data to the Netherlands, and you agree to have
your data transferred to and processed in the Netherlands.
18. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These conditions are governed by and interpreted following the
laws of the Netherlands, and the use of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. If your habitual residence is in the EU, and
you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law of your
country of residence. Factuur Simpel and yourself both
agree to submit to the non-exclusive jurisdiction of the courts
of Noord-Holland, which means that you may make a claim to
defend your consumer protection rights in regards to these
Conditions of Use in the Netherlands, or in the EU country in
which you reside.
21. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution
platform, which you can access here:
https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention,
please contact us.
22. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time,
without prior notice.
23. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3)
breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use;
(5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or
to payments or the granting of credits by any means other than
electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
29. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these
Terms of Use or use of the Site. You agree that these Terms of
Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
In the event I (the user of the software) wish to cancel my
subscription I am solely responsible for cancelling my
subscription manually through the application itself.
Cancellation of the subscription through support is considered a
service and cannot be referred to as an official cancelation
request. I am aware that any additional subscription charges as
a result of cancelling through support cannot be refunded.
I (the user of the software) am fully aware that I am not
purchasing a subscription which is in any way related to the
mobile telephony market. In the event I accidentally purchase a
subscription anyway without taking knowledge of the above, I
will forfeit all rights to a refund.
I (the user of the software) will not write any negative reviews
on any platform if the cause of writing the review is due to me
not complying to or taking note of the terms and conditions.
Should I write a negative review under these circumstances
anyway then
Factuur Simpel is allowed to send me an email with a
request for removal of said review. Should I fail to remove the
review within 14 days Factuur Simpel is allowed to
fine me up to 1000,- euro's to compensate for damages and is
empowered to legally act on my behalf in the process of having
the review removed from the specified platform.
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
Factuur Simpel De Burg 2A 1648 JT, De Goorn Netherlands info@factuursimpel.nl