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Disclaimer

Use of website

  1. These conditions of use are applicable to the website (essenceyachts.com) and each and every page of this website that includes a hyperlink to this disclaimer (hereinafter referred to as: the “Website”). Apart from these conditions, specific conditions may be applicable, including the conditions that are related to other services that are supplied (whether or not via this Website or the company Essence Yachts).
  2. Use of the Website implies consent to the conditions of use laid down in this disclaimer.

Content of Website

  1. The Website is compiled and updated with the utmost care. Essence Yachts makes every effort to regularly change, revise, update and/or supplement the content of the Website. Nonetheless, it may be that (a part of the) content of the Website is incomplete and/or incorrect.
  2. Essence Yachts does not guarantee that the Website shall operate error-free, shall be free from viruses, is suitable for a specific purpose or that the Website shall always be available.
  3. Essence Yachts is always entitled to adjust and/or have adjusted the Website or to change (have changed) or remove (have removed) the same. Essence Yachts shall never be liable for damages and/or claims as a result of a change or removal of (parts of) the Website.
  4. Essence Yachts reserves the right to remove reactions placed on the Website by third parties.
  5. If communications or information are posted on the Website by users then Essence Yachts is given consent to (re-)use the said communications and/or information elsewhere.
  6. The images and texts on the Website are subject to copyrights of Essence Yachts in its capacity of copyright holder. Reuse for commercial purposes is not permitted. If a user intends to use an image and/or text for commercial purposes then the said user must contact Essence Yachts. The mere fact that this Website contains images and texts does not imply that Essence Yachts is in all instances entitled to grant licences for further disclosure or replication of the same.

Liability

  1. Essence Yachts is neither responsible nor liable for hyperlinks that are followed via the Website to websites of third parties. This kind of hyperlink neither implies that Essence Yachts is, in any way whatsoever, related to the relevant company nor that Essence Yachts endorses the content or guiding principles of the relevant website.
  2. Essence Yachts shall not be liable for damages as a result of or in any way connected to the use of the Website or the impossibility of consulting the Website. This exclusion of liability is, inter alia but not exclusively, applicable to the following situations.

Damages as a result of:

  1. Defects, viruses or other imperfections of equipment and/or software, in connection with access to or the use of the Website;
  2. The interception, alteration or improper use of information that is sent to you via the Website;
  3. The operation, or not, of the Website;
  4. Abuse of the Website;
  5. Loss of data due to the use of the Website;
  6. Information that is made available on the Website;
  7. Downloading or use of software that is made available via the Website.

Indemnification

  1. The user of the Website indemnifies Essence Yachts and its employees, commercial partners, representatives, licensees and the author of the present disclaimer against judicial and extrajudicial measures. Any and all costs or claims in connection with the use of the Website or in connection therewith a violation of a statutory scheme or an infringement of rights of third parties are exclusively at the expense of the user. This includes costs for compensation, legal assistance, accountants, lawyers or legal proceedings.

Intellectual property

  1. The user of the Website is responsible for everything that is sent by the said user from the Website. Unauthorised or improper use of the Website may result in an infringement of intellectual (property) rights, privacy rights or other regulations, in the broadest sense of the word. In these kinds of situations the user is always the only liable party. Essence Yachts can, in consideration of the provisions set forth in this article, never be held liable for use, in any way whatsoever, by the user of the Website.

Denying access

  1. Essence Yachts shall be free to at any time deny the user of the Website consent to use the Website or to rely on certain services on the Website or to completely deny the user access to the Website. Having regard to this consideration Essence Yachts shall always be free to monitor the access to the Website of all users.

Applicable law and choice of forum

  1. Dutch law is applicable to these conditions. Disputes regarding the use of this Website can exclusively be brought to the cognisance of the competent court in the district of Northern Holland, Haarlem location.

Miscellaneous

  1. For questions and/or comments about the Website you can turn to Essence Yachts via .
  2. In case of a discrepancy between these conditions and specific, applicable conditions then the latter conditions shall prevail.
  3. Essence Yachts reserves the right to change the text of these conditions of use without prior notice or notification. It is recommended to consult this disclaimer regularly in order that users are always informed of potential changes of the same.

All rights reserved.

© R. van Viersen, LLM Attorney-at-Law | Partner at FIN Advocaten & Fiscalisten in Hoofddorp, www.finaf.nl |
023 30 30730 |