Terms and Conditions

INFENTO B.V.

Please make sure that you read and understand these conditions before you use this website and agree to them.

These Terms of Use (“Terms”) apply to all websites, services and content (collectively, the “Services”) provided to you by Infento B.V. These Terms govern Your use of the Services and constitute a binding agreement between You and Infento, and are deemed accepted by You and Infento. Your access to or use of the Services indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Services. Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website.  Your continued use of this Site or the Services after such notice will be deemed acceptance of such changes.  Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use. The Infento Products may have additional terms and conditions that apply.

1. ACCESS AND USE OF WEBSITE

1.1. In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a non-exclusive, non-transferable, licence to use the Website on the terms of this agreement.

1.2. Access to the Website is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

1.3. From time to time, we may restrict access to some parts of the Website, or our entire site, to users who have registered with us.

1.4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

1.5. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

1.6. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of- service attack or a distributed denial-of service attack.

1.7. If you breach clause 1.6, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.

1.8. 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 to your downloading of any material posted on it, or on any website linked to it.

1.9. When you visit this Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

2. PRIVACY

Infento is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Site or use the Services. Please see our Privacy Policy for further details.

3. JURISDICTION & CHILDREN

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Site or the Services.  By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site and the Services is allowed.

You may, where authorized or permitted by law, permit your children to use this Site and the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use.  You shall at all times be responsible and liable for all activities conducted and items obtained through your Account (defined below), including, without limitation, all activities which may be conducted and/or items which may be obtained by your child.

Your Account may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of this Site or the Services is not allowed.

4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

4.1 All content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data and software included or used in the Website is the exclusive property of Infento, its affiliates or its suppliers and is protected by national and international laws protecting intellectual property and other rights.

4.2 All intellectual property rights, including, without limitation, all copyrights, database rights, rights in trade marks (except as specifically provided below), rights in designs, rights in know-how, rights in patents and inventions as well as all other intellectual or industrial property rights, relating to any information, content, materials, data or processes contained in the Website belong to Infento, its affiliates and/or its content suppliers. All such intellectual property rights of Infento, its affiliates and/or its content suppliers are hereby reserved.

4.3 You may not extract and/or re-utilise parts of the contents of the Website without Infento’s express written consent. In particular, you may not utilise any data mining tools, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website, without Infento’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Infento’s express written consent.

4.4 Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Infento. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are endorsed by Infento.

5. USER GENERATED CONTENT?

5.1 By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Materials”) to this Site or the Services by you or at your direction, you are granting Infento, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use such User Materials in connection with the operation of this Site and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. You agree that, unless you advise otherwise, Infento may publish or otherwise disclose your username in connection with your User Materials. By posting User Materials on this Site or the Services, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws.  You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

5.2 You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same.  Infento shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Site or the Services.

5.5 By participating in any contest, drawing, game or competition organized or sponsored by Infento (each, a “Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Use, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the Infento Parties from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith , and for any claims based on publicity rights, defamation or invasion of privacy related thereto. The Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by Infento and its affiliates and acknowledge that you have read and accepted the Company’s Privacy Policy.

5.3 You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Site or the Services and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.

5.4 Infento makes no warranties as to the accuracy or reliability of any information, messages, posts or other content generated by users and accessible on our Website. Infento accepts no responsibility whatsoever in connection with any User Materials and will have no liability related to the User Materials, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.

6. LIMITATION OF LIABILITY

6.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.

6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  1. use of, or inability to use, the Website; or
  2. use of or reliance on any content displayed on the Website.

6.4 If you are a business user, please note that in particular, we will not be liable for:

  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss of business opportunity, goodwill or reputation; or
  5. any indirect or consequential loss or damage.

6.5 If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.6 We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6.7 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply.

6.8 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.

6.9 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the purchase of the Product, any content on it, whether express or implied.

7. LINKING TO THIS WEBSITE

7.1 You may link to our home page, 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.

7.2 You must not establish a link from any website that is not owned by you.

7.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

8. INDEMNITY

You agree to indemnify, defend and hold harmless Infento, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Use.

9. PRICES AND PAYEMENTS

You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes, shipping and handling, and duties and customs fees (for international orders) in accordance with the billing terms that were in effect at the time the charges or fees became payable. Infento reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

10. SHIPPING POLICY

10.1 Infento does not credit or refund charges for shipping or handling.

10.2. If you request shipping to an address outside of the European Union or USA, you understand and agree that you will be responsible for, and need to pay, all customs, taxes and clearance duties and other extra fees in relation to your shipment. We do not pay these fees on your behalf, nor do we collect these fees when you place the order.

11. AVAILBILITY

Not all of the Services are available in all geographic areas. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

12. NO RELIANCE ON INFORMATION

12.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

12.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to- date.

13. EXPIRY PERIOD

Unless the parties have expressly agreed otherwise in writing, or the General Terms and Conditions demonstrate otherwise, any claim against Infento will lapse in any event upon the expiry of 1 (one) year from the moment of delivery or 1 (one) year from the moment that delivery should have taken place.

14. TERM & TERMINATION

These Terms of Use shall commence when you first visit www.www.infentorides.com, make a purchase through the website, or use any Infento mobile application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses. Infento may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. You are personally liable for any order placed or charges incurred through your account prior to termination.

15. CHANGES TO THESE TERMS

15.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.

15.1 We may revise these terms of use at any time by amending this page.

16. APPLICABLE LAW

These Terms of Use and any matter arising out of or in connection with it are to be construed in accordance with the laws of The Netherlands. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of The Netherlands over any claim or matter arising from or in connection with this Agreement.