Terms of Service
v 1.0.0
Published Monday, October 31 2022
1. Overview
This Terms of Service Agreement ("Agreement")
is entered into by and between Quantaleap B.V., registered
address Kaap Hoorndreef 66, Netherlands
("Company") and you, and is made effective as
of the date of your use of this website https://quantaleap.eu
("Site") or the date of electronic
acceptance.
This Agreement sets forth the general terms and conditions of
your use of https://quantaleap.eu as well as the products
and/or services purchased or accessed through this Site (the
"Services").Whether you are simply browsing
or using this Site or purchase Services, your use of this Site
and your electronic acceptance of this Agreement signifies
that you have read, understand, acknowledge and agree to be
bound by this Agreement our Privacy policy. The terms
"we", "us" or
"our" shall refer to Company. The terms
"you", "your",
"User" or "customer" shall
refer to any individual or entity who accepts this Agreement,
uses our Site, has access or uses the Services. Nothing in
this Agreement shall be deemed to confer any third-party
rights or benefits.
Company may, in its sole and absolute discretion, change or
modify this Agreement, and any policies or agreements which
are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to
this Site. Your use of this Site or the Services after such
changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised.
If you do not agree to be bound by this agreement as last
revised, do not use (or continue to use) this site or
our services.
2. Eligibility
This Site and the Services are available only to Users who can
form legally binding contracts under applicable law. By using
this Site or the Services, you represent and warrant that you
are (i) at least eighteen (18) years of age, (ii) otherwise
recognized as being able to form legally binding contracts
under applicable law, and (iii) are not a person barred from
purchasing or receiving the Services found under the laws of
the Netherlands or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company
or any corporate entity, you represent and warrant that you
have the legal authority to bind such corporate entity to the
terms and conditions contained in this Agreement, in which
case the terms "you", "your",
"User" or "customer" shall refer to such
corporate entity. If, after your electronic acceptance of this
Agreement, Company finds that you do not have the legal
authority to bind such corporate entity, you will be
personally responsible for the obligations contained in this
Agreement.
3. Rules of user conduct
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub Terms & Conditions Generator,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. Intellectual property
In addition to the general rules above, the provisions in this
Section apply specifically to your use of Companies Content
posted to Site. Companies Content on this Site, including
without limitation the text, software, scripts, source code,
API, graphics, photos, sounds, music, videos and interactive
features and the trademarks, service marks and logos contained
therein ("Companies Content"), are owned by or
licensed to Quantaleap in perpetuity, and are subject to
copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is",
"as available" and "with all faults" for
your information and personal, non-commercial use only and may
not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any purposes whatsoever without the
express prior written consent of Company. No right or license
under any copyright, trademark, patent, or other proprietary
right or license is granted by this Agreement.
5. Links to third-party websites
This Site may contain links to third-party websites that are
not owned or controlled by Company. Company assumes no
responsibility for the content, terms and conditions, privacy
policies, or practices of any third-party websites. In
addition, Company does not censor or edit the content of any
third-party websites. By using this Site you expressly release
Company from any and all liability arising from your use of
any third-party website. Accordingly, Company encourages you
to be aware when you leave this Site and to review the terms
and conditions, privacy policies, and other governing
documents of each other website that you may visit.
6. Disclaimer of representations and warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS
SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED
"AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY
SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL
ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO
THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall
survive any termination or expiration of this Agreement or
your use of this Site or the Services found at this Site.
7. Limitation of liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY
NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO
OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY
VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES
FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any
cause of action arising out of or related to this Site or the
Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause
of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND shall survive any
termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
8. Indemnity
You agree to protect, defend, indemnify and hold harmless
Company and its officers, directors, employees, agents from
and against any and all claims, demands, costs, expenses,
losses, liabilities and damages of every kind and nature
(including, without limitation, reasonable attorneys’ fees)
imposed upon or incurred by Company directly or indirectly
arising from (i) your use of and access to this Site; (ii)
your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including
without limitation any intellectual property or other
proprietary right. The indemnification obligations under this
section shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at
this Site.
9. Data tranfer
If you are visiting this Site from a country other than the
country in which our servers are located, your communications
with us may result in the transfer of information across
international boundaries. By visiting this Site and
communicating electronically with us, you consent to such
transfers.
10. Availability of website
Subject to the terms and conditions of this Agreement and our
policies, we shall use commercially reasonable efforts to
attempt to provide this Site on 24/7 basis. You acknowledge
and agree that from time to time this Site may be inaccessible
for any reason including, but not limited to, periodic
maintenance, repairs or replacements that we undertake from
time to time, or other causes beyond our control including,
but not limited to, interruption or failure of
telecommunication or digital transmission links or other
failures.
You acknowledge and agree that we have no control over the
availability of this Site on a continuous or uninterrupted
basis, and that we assume no liability to you or any other
party with regard thereto.
11. Discontinued services
Company reserves the right to cease offering or providing any
of the Services at any time, for any or no reason, and without
prior notice. Although Company makes great effort to maximize
the lifespan of all its Services, there are times when a
Service we offer will be discontinued. If that is the case,
that product or service will no longer be supported by
Company. In such case, Company will either offer a comparable
Service for you to migrate to or a refund. Company will not be
liable to you or any third party for any modification,
suspension, or discontinuance of any of the Services we may
offer or facilitate access to.
12. Fees and payments
You acknowledge and agree that your payment will be charged
and processed by Quantaleap.
You agree to pay any and all prices and fees due for Services
purchased or obtained at this Site at the time you order the
Services.
Company expressly reserves the right to change or modify its
prices and fees at any time, and such changes or modifications
shall be posted online at this Site and effective immediately
without need for further notice to you.
Except as expressly provided in these Terms, all charges and
payments are non-refundable, non-cancellable, and
non-creditable, even if your Services are suspended,
terminated, or transferred prior to the end of the Services
term.
13. No third-party beneficiaries
Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
14. Compliance with local laws
Company makes no representation or warranty that the content
available on this Site are appropriate in every country or
jurisdiction, and access to this Site from countries or
jurisdictions where its content is illegal is prohibited.
Users who choose to access this Site are responsible for
compliance with all local laws, rules and regulations.
15. Governing law
This Agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be
governed by and construed in accordance with the laws of
Netherlands, Utrecht, to the exclusion of conflict of law
rules.
16. Dispute resolution
The courts of Netherlands, Utrecht shall have exclusive
jurisdiction to settle any dispute or claim that arises out of
or in connection with this agreement or its subject matter or
formation.
17. Titles and headings
The titles and headings of this Agreement are for convenience
and ease of reference only and shall not be utilized in any
way to construe or interpret the agreement of the parties as
otherwise set forth herein.
18. Severability
Each covenant and agreement in this Agreement shall be
construed for all purposes to be a separate and independent
covenant or agreement. If a court of competent jurisdiction
holds any provision (or portion of a provision) of this
Agreement to be illegal, invalid, or otherwise unenforceable,
the remaining provisions (or portions of provisions) of this
Agreement shall not be affected thereby and shall be found to
be valid and enforceable to the fullest extent permitted by
law.
19. Contact information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Quantaleap B.V.Kaap Hoorndreef 66
Netherlands
support@quantaleap.eu