Terms of use
Mogene Consultancy B.V. website
Terms of Use
Last modified: 2019-07-11
Acceptance of the Terms of Use
Welcome to the website of Mogene Consultancy B.V. (“Company”, “we” or “us”).
The following terms and conditions apply to your use of www.mogene-consultancy.nl, www.mogene-consultancy.com and www.mogene-consultancy.eu (the “Website”), including any content, functionality and services offered on or through the Website.
Please read these Terms of Use carefully before you start to use the Website. If you do not agree with these Terms of Use, you are not allowed to use the Website. By using the Website, you confirm that you have read, understand and accept the applicability of these Terms of Use.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. We encourage you to check these pages from time to time to take notice of any changes we made. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree with the revised Terms of Use, you should discontinue using the Website.
Accessing the Website and account security
We reserve the right to withdraw or amend this Website, and any service or material provided on it, at our sole discretion and without notice. We will not be liable if (for any reason) all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to the Website (in whole or in part) to users.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use, and that they comply with them.
Intellectual property rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are: (1) owned by the Company, its licensors, other companies within the Inter Mogene Group or other providers of such material; and (2) protected by Dutch, and international copyright, trademark, patent, trade name and/or other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use only. You are not allowed to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except to:
• store copies of such materials temporarily in your computers Random Access Memory (RAM).
• store files that are automatically cached by your web browser for display enhancement purposes;
• print a reasonable number of pages of the Website for a permitted use.
You are not allowed to:
• modify copies of any materials from this Website.
• use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You are not allowed to reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must either return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Company trademarks
The Company name, the term “Mogene Consultancy”, and all related names, logos, product and service names, designs and slogans are trademarks or trade names of the Company. You are not allowed to use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks or trade names of their respective owners.
Prohibited uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. The Website must not be used as set out below:
• in any way that violates any applicable local and international law or regulation.
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• to impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company (including its associates) or users of the Website or expose them to liability.
Additionally, Website users may not:
• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
• use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• use any device, software or routine that interferes with the proper working of the Website.
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• otherwise attempt to interfere with the proper working of the Website.
Monitoring and enforcement; Termination
We have the right to:
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• terminate your access to all or part of the Website for any or no reason, including without limitation, for reason of any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. You agree to waive and hold the Company harmless against any claims resulting from any action taken by the Company during or as a result of its monitoring and enforcement actions.
Reliance on information posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website (in whole or in part) or close it indefinitely.
Provision of information and messages to us
Any message sent to the Company and its affiliates and related companies (the “Mogene Group”) via the Website or via e-mail without our previous request to do so is considered as unsolicited. By receiving or reviewing your message the Mogene Group does not agree to any contractual arrangement, undertaking or other agreement. Your email and/or its contents cannot bound or restrict the Mogene Group in any way, unless explicitly confirmed otherwise by the Mogene Group.
By ticking the box on the contact page or sending us an e-mail, you explicitly confirm and agree to the above. If you do not agree to the above, please do not send us the message.
Information about you and your visits to the Website
All personal data we collect on this Website is subject to our Privacy Policy and our Cookie Policy. You represent and warrant that all data provided by you is accurate.
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or from your use of the Website, including, without limitation, your use of the Website’s content, services and products other than as expressly authorised in these Terms of Use and your use of any information obtained from the Website.
Governing law and jurisdiction
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the competent courts of the Netherlands.
Waiver and severability
No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
All your feedback, comments, requests for technical support and other communications relating to the Website should be submitted via info@mogene-consultancy.nl or the contact page on the Website.
This Website is operated by Mogene Consultancy B.V., registered at Prinsengracht 378, 1016JA Amsterdam, Niederlande, Chamber of Commerce registration number 34225581.