Terms of use
General
This website (“Website”) is offered to you by Protix B.V. (hereafter: “Protix” or “we”), located at Magistratenlaan 16, 5223 MD ‘s-Hertogenbosch, the Netherlands (“Protix”) or any of its affiliates.
The following terms of use (“Terms of Use”) govern your access and use of the Website, including the information, materials, and data contained on or available through this Website (“Content”). Specific terms and conditions may apply to certain data, information or services offered through the Website. Such specific terms and conditions may be in addition to, or to the extent expressly specified by Protix, supersede these Terms of Use.
By accessing or using the Website you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Website.
Protix reserves the right to update, modify or remove the Terms of Use at any time without prior notice to you. The most current version of the Terms of Use can be accessed by clicking on the “Terms of Use” link located at the bottom of the Website. Continued use of the Website after changes are made constitutes your acceptance of such changes. Protix reserves the right to discontinue, make changes or refuse access to the Website and/or the Content without notice or liability at any time and for any reason whatsoever at its sole discretion.
A physical copy of the Terms of Use may be requested by sending an email to info@protix.com with your mailing address. The Terms of Use are also available for inspection at Protix’s offices at Magistratenlaan 16, 5223 MD ‘s-Hertogenbosch, the Netherlands.
Disclaimer and limitation of use
All Content on the Website is provided “as is” without warranty of any kind, express or implied. Protix and its subsidiaries, affiliates, partners and licensors expressly disclaim any representations or warranties of any kind whatsoever, including but not limited to representations or warranties that the Website will be uninterrupted, non-infringing, secure, or error free, or that the Content will be correct, complete, reliable, or otherwise meet any requirements.
Downloading or obtaining any Content through this Website is done at your own discretion and risk. Protix shall not be liable for any damages resulting from the use of the Website or Content. You are solely responsible for any damage, including but not limited to your computer system, software, (loss of) data, resulting from such Content, except to the extent such damages are caused directly by the gross negligence or wilful misconduct of Protix.
Unless otherwise specified, all Content is for personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from our Website without Protix’s written consent. Any unauthorized modification, copying, distribution, reproduction, or commercial exploitation of the Content is strictly prohibited.
User Conduct
You agree to use the Website and its Content only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree not to:
a) Attempt to gain unauthorized access to the Website, its systems, or any accounts, servers, or networks connected to the Website;
b) Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website;
c) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
d) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
e) Impersonate or attempt to impersonate Protix, a Protix employee, another user, or any other person or entity;
f) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Protix, may harm Protix or users of the Website or expose them to liability.
Protix may terminate or suspend your access to all or part of the Website, without notice, for any conduct that Protix, in its sole discretion, believes is in violation of any applicable law, is in breach of these Terms of Use, or is harmful to the interests of Protix, other users of the Website, or third parties. Upon termination, your right to use the Website will immediately cease. Any termination of your access to the Website shall not affect any rights and obligations arising prior to such termination.
Intellectual property
All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Content and/or the Website and the selection and arrangement thereof belong to or are licensed by or to Protix, its affiliates, subsidiaries, and/or its partners or licensors. Certain content may also be sourced from publicly available materials believed to be free for use. All rights in the Content or Website not expressly granted herein are reserved.
You are granted a limited, non-exclusive, non-transferable right to access and use the Website and its Content solely for personal, non-commercial purposes, or in your capacity as an employee of a business, provided such use aligns with the business's legitimate interests and complies with these terms. No additional rights are granted unless explicitly provided. Unauthorized use of the Website or Content may result in legal action.
Links to third party sites
This Website may include hyperlinks to sites owned by third parties. Protix has no control over such websites, is not responsible for the content, accuracy, availability or functionality of any such sites, nor does it take any responsibility for the content, accuracy, availability or functionality of any such sites. Links to such sites are provided solely for your convenience, and you access them at your own risk. The inclusion of any link does not imply any endorsement or verification by Protix of any information or services included in the third party websites. When you visit a linked site you are subject to their respective terms you should read the terms of use and privacy policy that govern that particular linked site. Protix is not liable for any damages or losses arising from your use of third-party websites.
Liability
To the fullest extent permitted by law, Protix, its subsidiaries, affiliates, partners or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever, whether in an action of contract or any tortious action, arising out of or in relation to the access or use of the Website or Content
Protix's liability shall be limited to the maximum extent allowed by applicable law. In the event your country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Use, such exclusions, limitations or disclaimers shall be limited to the extent required by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Protix, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's Content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website."
GDPR / Privacy
Protix values your privacy and complies with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Any personal data collected through the Website is processed in accordance with Protix's Privacy Policy, which can be found here.
By using the Website, you acknowledge that Protix may collect, store, and process your personal data for the purposes outlined in the Privacy Policy, including but not limited to improving the Website, responding to your inquiries, and providing requested services. Protix implements appropriate technical and organizational measures to ensure the security of your personal data.
You have the right to access, rectify, or delete your personal data, as well as the right to object to or restrict certain data processing activities. For more information, please refer to our Privacy Policy or contact us at info@protix.com.
Severability
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the invalid or unenforceable provision.
Applicable law and jurisdiction
These Terms of Use and any disputes in connection thereto shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute, claim or cause of action arising out of, or in connection with these Terms of Use or your use of this Website or Content shall be submitted exclusively to the jurisdiction of the competent court of ‘s-Hertogenbosch, Oost-Brabant, the Netherlands, unless otherwise required by mandatory applicable law.