Terms of Use

The https://www.carbyon.com website (“Website”) is operated by Carbyon Holding B.V., a private company with limited liability organized and existing under the laws of the Netherlands, having its corporate seat at Eindhoven and its official address at 5656 AE Eindhoven, at the High Tech Campus 27, the Netherlands, registered with the Dutch trade register of the Chamber of Commerce under number 75679590 under the Carbyon Holding B.V. (“Carbyon”). These terms of use (“Terms”) manage your use of the Website. The terms “Us”, “We”, or “Our” refer to Carbyon.

1. Acceptance of terms

By using this Website, you agree to be bound by these Terms and you confirm you have agreed and accepted them. We advise you to read them carefully before browsing. These Terms may be amended or updated by Us from time to time without a notice being required. Please check this webpage from time to time to be informed of any changes made to these Terms, as they are binding on your use of, and access to, the Website. If you do not agree to comply with and be bound by these Terms, you must stop using the Website immediately.

2. Website content

Update of Information
The Website provides information in relation to Our products. As information provided on the Website is based on Our product’s current development, planning, and technology, which is continuously subject to improvements and updates, We cannot guarantee that the Website is free of errors or omissions or that it provides the latest status or specifications of Our products. We may at all times revise Our product specifications at any time. We do not accept any liability for errors, inaccurate information, or incompleteness.

Reliance on Information
Information provided on the Website is of a general nature, and therefore it cannot be used to rely on in relation to e.g. investments or the purchase of any of Our products. No reliance should be placed upon any of the statements made within the Website and the material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Reliance on the information given on the Website, is at your own risk.

Security and availability
We do not warrant that the Website is always available. Access to the Website may be suspended temporarily, due to maintenance, system updates or for other reasons beyond Our control.

3. Third-Party Websites

This Website may contain links to external websites which are not under the control of Us. We do not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from the Website. Therefore, We are not responsible for the content of any linked site owned by third-parties, which are regulated according to their own terms of use. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us of the linked site. Any visit to external websites is entirely at your own risk.

4. Links to the Website

You may link to Our Website provided that:

  1. You do so in a fair and legal manner;
  2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  3. You do not use any logos or trademarks displayed on the Website without Our express written permission; and
  4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5. Unsolicited ideas

If you post unsolicited ideas or materials consisting of texts, images, software, information or otherwise on this Website or notify these to a Carbyon employee by email, Website chat application, or otherwise, Carbyon is entitled to copy and commercially exploit these materials in the full extent, free of charge, and not bound by any confidentiality obligation in respect of those materials. You agree to indemnify Carbyon against any claim of liability caused by Carbyon that results from the use or exploitation of materials infringing the (intellectual) property rights of any third party or otherwise being unlawful towards a third party.

6. Intellectual Property Rights

Ownership of Intellectual Property Rights
All text, images, animations, calculations, files and all other copyrightable materials and its arrangement are owned by Us or Our affiliates and are subject to copyright protection. These files cannot be reproduced by you for commercial purposes or for further distribution. The presentation of the copyrighted materials in no event implies a license or any other usage rights or assignment to you. Furthermore, nothing presented on the Website shall be construed as conferring any proprietary rights in or to Our intellectual property rights or those of a third party.

All names, images, and logos identifying Carbyon are proprietary marks of Carbyon. You cannot use Our trademarks without our prior written approval. All third-party brand, product, service and company names contained on this Website are the trademarks, service marks and trade names of their respective holders.

Permitted Use
You shall not distribute, modify, reproduce, download or store any materials or information provided on the Website, except in the following events:

  • Copies of files may be used and downloaded for your own personal, non-commercial use. You are not permitted to further distribute or publish these files;
  • Copies of files may be temporarily stored in the RAM of your computer;
  • Copies of files may be automatically cached by your web browser.

7. Disclaimer

Purpose
Nothing on the Website constitutes advice on which you should rely. It is provided for general information purposes only.

Warranties
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the content on the Website is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up to date.

8. Our Liability

Exclusions
To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on Our Website.

If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

Viruses
We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other website referred to on the Website.

Availability
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, maintenance, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Liability in case of negligence
Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

9. Viruses, Malware and Security

Our efforts
We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware.

Your responsibilities

  • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks;
  • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Website;
  • You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website;
  • You must not attack the Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

Breaches
Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Website will cease immediately in the event of such a breach.

10. Privacy and Cookie Notice

Carbyon collects and processes the personal data of the visitors of this Website according to the Privacy and Cookie Statement. All information you provide to Us via the Website or otherwise is governed by our Privacy and Cookie Statement.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, the Terms will not be unenforceable or invalid as a whole, but such provisions shall be deleted without affecting the remaining provisions. The intended effect of the invalid terms shall nevertheless apply as much as possible taking into account the content of these Terms.

12. Governing Law and Jurisdiction

These Terms are governed exclusively by Dutch law. All disputes arising out of or other legal relationships to which these Terms apply to shall be submitted exclusively in the first instance to the courts in Oost-Brabant, the Netherlands.

Copyright 2019, Carbyon