PSCM - Edgar Beers

General terms and conditions of sale 

 

            All our offers and agreements whereby we provide the client with any products and/or services are subjected to the General Terms and Conditions of PSC Management (Dutch).




 

Website disclaimer and terms and conditions 

  

1.         Introduction

1.1        This disclaimer shall govern your use of PSC Management’s website: www.pscm.biz.

1.2        By using PSC Management website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use PSC Management website.

1.3        PSC Management’s website may use cookies; by using PSC Management’s website or agreeing to this disclaimer, you consent to PSC Management’s use of cookies in accordance with the terms of PSC Management’s privacy and cookies policy: All information that we acquire, through this website will be treated with the outmost respect and confidentiality. We will not share any information with other parties without your consent. Only restricted use by PSC management employees for the sole purpose of servicing our customers is allowed under our privacy policy. We like our information to be safe just as much as you do.

 

2.         Licence to use website

2.1        You may:

(a)        view pages from PSC Management’s website in a web browser;

(b)        download pages from PSC Management’s website for caching in a web browser; and

(c)        print pages from PSC Management’s website,

            subject to the other provisions of this disclaimer.

2.2        Except as expressly permitted by Section 2.1 or the other provisions of this disclaimer, you must not download any material from PSC Management’s website or save any such material to your computer.

2.3        Unless you own or control the relevant rights in the material, you must not:

(a)        republish material from PSC Management’s website (including republication on another website);

(b)        sell, rent or sub-license material from PSC Management’s website;

(c)        show any material from PSC Management’s website in public;

(d)        exploit material from PSC Management’s website for a commercial purpose; or

(e)        redistribute material from PSC Management’s website.

2.4        PSC Management reserves the right to restrict access to areas of PSC Management’s website, or indeed PSC Management’s whole website, at PSC Management’s discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on PSC Management’s website.

 

3.         Acceptable use

3.1        You must not:

(a)        use PSC Management’s website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)        use PSC Management’s website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)        use PSC Management’s website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)        conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to PSC Management’s website without PSC Management’s express written consent;

(e)        access or otherwise interact with PSC Management’s website using any robot, spider or other automated means;

(f)         violate the directives set out in the robots.txt file for PSC Management’s website; or

(g)        use data collected from PSC Management’s website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2        You must ensure that all the information you supply to PSC Management through PSC Management’s website, or in relation to PSC Management’s website, is true, accurate, current, complete and non-misleading.

 

 

4.         Breaches of these terms and conditions

4.1        Without prejudice to PSC Management’s other rights under these terms and conditions, if you breach these terms and conditions in any way, or if PSC Management reasonably suspects that you have breached these terms and conditions in any way, PSC Management may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to PSC Management’s website;

(c)        permanently prohibit you from accessing PSC Management’s website;

(d)        block computers using your IP address from accessing PSC Management’s website;

(e)        contact any or all your internet service providers and request that they block your access to PSC Management’s website;

(f)         commence legal action against you, whether for breach of contract or otherwise.

 

4.2        Where PSC Management suspends or prohibits or blocks your access to PSC Management’s website or a part of PSC Management’s website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

5.         Assignment

5.1        You hereby agree that PSC Management may assign, transfer, sub-contract or otherwise deal with PSC Management’s rights and/or obligations under these terms and conditions.

5.2        You may not without PSC Management’s prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

6.         Limited warranties

6.1        PSC Management does not warrant or represent:

(a)        the completeness or accuracy of the information published on PSC Management’s website;

(b)        that the material on the website is up to date; or

(c)        that the website or any service on the website will remain available.

6.2        PSC Management reserves the right to discontinue or alter any or all of PSC Management’s website services, and to stop publishing PSC Management’s website, at any time in PSC Management’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if PSC Management stops publishing the website.

6.3        To the maximum extent permitted by applicable law and subject to Section 6.1, PSC Management excludes all representations and warranties relating to the subject matter of this disclaimer, PSC Management’s website and the use of PSC Management’s website.

 

7.       Limitations and exclusions of liability

7.1      Nothing in this disclaimer will:

(a)        limit or exclude any liability for death or personal injury resulting from negligence;

(b)        limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)        limit any liabilities in any way that is not permitted under applicable law; or

(d)        exclude any liabilities that may not be excluded under applicable law.

7.2      The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a)        are subject to Section 7.1; and

(b)        govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

7.3      PSC Management will not be liable to you in respect of any losses arising out of any event or events beyond PSC Management’s reasonable control.

7.4      PSC Management will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.5      PSC Management will not be liable to you in respect of any loss or corruption of any data, database or software.

7.6      PSC Management will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

8.       Variation

8.1      PSC Management may revise this disclaimer and terms & conditions from time to time.

8.2      The revised disclaimer and terms & conditions shall apply to the use of PSC Management’s website from the time of publication of the revised disclaimer on the website.

 

9.       Severability

9.1      If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2      If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10.       Entire agreement

10.1      Subject to Section 10.1, these terms and conditions, together with PSC Management’s privacy and cookies policy, shall constitute the entire agreement between you and PSC Management in relation to your use of PSC Management’s website and shall supersede all previous agreements between you and PSC Management in relation to your use of PSC Management’s website.

 

12.       Law and jurisdiction

12.1      This disclaimer and terms & conditions shall be governed by and construed in accordance with Dutch law.

12.2      Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of The Netherlands.

 

 

13.       PSC Management 's company details

16.1      This website is owned and operated by PSC Management

16.2      PSC Management is registered at the Dutch Chamber of commerce under registration number 64501361, and PSC Management’s registered office is at Helbeek 139, 5911CW Venlo, The Netherlands.

16.3      You can contact PSC Management by writing to the business address given above, by using PSC Management’s website contact form, by email to edgar.beers@pscm.biz or by telephone on +31 (0) 620750339


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