Terms and Conditions
The Terms and Conditions were last updated on September 24, 2024
1. Introduction
These Terms and Conditions apply to this site and to transactions involving our products and services. You may be bound by additional contracts in connection with your relationship with us or with products or services you receive from us. If any provision of the additional agreements conflicts with any provision of these Terms, the provisions of those additional agreements will prevail.
2. Binding
By registering with, accessing or otherwise using this site, you agree to be bound by the terms and conditions set out below. Using this site implies that you have read and accepted these terms and conditions. In some specific cases, we may also ask you to expressly agree.
3. Electronic Communications
By using this Site or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically through our Site or by sending you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements, including but not limited to the requirement that such communications be in writing.
4. Intellectual Property
We or our licensors own and control all copyrights and other intellectual property rights in the Site and the data, information and other resources displayed by or accessible on the Site.
4.1 All rights reserved
Unless otherwise indicated in specific content, you are not granted a license or any other right under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market or commercialize any content of this site in any form whatsoever without our prior written consent, except and only to the extent otherwise provided in regulations of mandatory law (such as the right to quote).
5. Third party ownership
Our site may contain hyperlinks or other references to sites of other parties. We do not monitor or review the content of sites of other parties to which this site is linked. Products or services offered by other sites are subject to the applicable terms and conditions of those third parties. The opinions or material on these sites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of these sites. You bear all risks associated with the use of these sites and all related services of third parties. We accept no responsibility for any loss or damage, however caused, resulting from your disclosure of personal information to a third party.
6. Responsible use
By accessing our site, you agree to use it only for the purposes for which it is intended and as permitted by these terms, any additional contracts with us, and by applicable laws, regulations and generally accepted online practices and guidelines. You may not use our site or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data from our site for direct marketing activities; or conduct any systematic or automated data collection activities on or in connection with our site.
It is strictly prohibited to engage in any activity that causes, or may cause, damage to the site or interference with the functioning, availability or accessibility of the site.
7. Submission of Ideas
Do not send us any ideas, inventions, copyrighted works, or other information that may be considered your own intellectual property unless we have first signed an intellectual property or confidentiality agreement. If you disclose the Content to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, modify, publish, translate, and distribute the Content in any and all existing or future media formats.
8. Termination of Use
We may, in our sole discretion, at any time, modify or discontinue, temporarily or permanently, your access to the Site or any service thereon. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any content you may have shared on the Site. You shall not be entitled to any compensation or other payment, even if certain features, settings and/or content that you have contributed or come to rely on are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our Site.
9. Warranties and Liability
Nothing in this section shall limit or exclude any warranty imposed by law that it would be unlawful to limit or exclude. This Site and all content on the Site are provided on an “as is” and “as available” basis and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not warrant that:
this site or our content will meet your requirements;
this site will be available on an uninterrupted, timely, secure or error-free basis.
Nothing on this site is intended to constitute legal, financial or medical advice of any kind. If you require advice you should consult a professional.
The following provisions of this clause shall apply to the fullest extent permitted by applicable law and shall not limit or exclude our liability where it would be unlawful or prohibited to do so. In no event shall we be liable for any direct or indirect loss or damage (including loss of profit or revenue, loss of or damage to data, software or databases, loss of or damage to property or data) incurred by you or a third party arising out of your access to, or use of, our site.
Unless otherwise expressly provided in an additional contract, our maximum liability to you for all damages arising out of or in connection with the Site or any products or services marketed or sold through the Site, regardless of the cause of action giving rise to such liability, shall be limited to the total price paid by you to us to purchase such products or services or to use the Site. Such limitation shall apply to all claims of every kind and nature by you.
10. Privacy
In order to access our Site and/or Services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.
We have developed policies to address any potential privacy concerns. For more information, please see our Privacy Statement and Cookie Policy.
11. Export Restrictions / Compliance with Laws
Access to the Site is prohibited for visitors from territories or countries where the content or purchase of the products or services sold on the Site is illegal. You may not use this Site in violation of the export laws and regulations of the Netherlands.
12. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be null and void.
13. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Site, contacting your internet service provider to request that they block your access to the Site, and/or taking legal action against you.
14. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses, related to your violation of these Terms and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of any such claims.
15. Waiver
Failure to enforce any provision of these Terms and Conditions or any other document, or failure to exercise any option to terminate, shall not be construed as a waiver or tacit consent, and shall not affect the validity of these Terms and Conditions or any other agreement or part thereof, or the right thereafter to enforce all of its provisions.
16. Language
These Terms and Conditions shall be interpreted and construed exclusively in the English language. All communications and correspondence shall be conducted exclusively in that language.
17. Entire Agreement
These Terms and Conditions, together with our Privacy Statement and Cookie Policy, constitute the entire agreement between you and ESU with respect to your use of this Site.
18. Updating these Terms and Conditions
We may update these Terms and Conditions from time to time. The date at the beginning of these Terms and Conditions shall be the date of last revision. We will notify you in writing of any changes or updates, and the revised terms will be effective from the date we provide you with such notice. Your continued use of this site after any changes or updates have been made will be deemed to be notice of your acceptance of and agreement to be bound by these terms. To request a prior version of these terms, please contact us.
19. Choice of Law and Jurisdiction
These terms and conditions shall be governed by the laws of the Netherlands. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the Netherlands. If any part or provision of these terms and conditions is found by a court or other authority to be invalid and/or unenforceable, such part or provision shall be modified, deleted and/or enforced to the maximum extent permissible to give effect to the intent of these terms. The remaining provisions shall remain unaffected.
20. Contact Information
This site is owned and operated by ESU.
You can contact us about these terms and conditions via our contact page.
21. Download
You can also download our terms and conditions as a PDF.
