TERMS OF USE – LAST UPDATED NOVEMBER 2020

Version 1.3

Please read this information carefully prior to using this website. By, directly or indirectly, accessing and using this website, you agree to these terms of use (Terms). Transtrend may change these Terms at any time without prior notice. You are responsible for periodically checking these Terms for updates. Your continued use of this website constitutes your continued consent with all such changes.

Introduction

This website is operated by Transtrend B.V. (Transtrend). Transtrend is a Dutch limited liability company, with its business office located at Weena 723, Unit C5.070, 3013 AM Rotterdam, The Netherlands.

1. Legal and regulatory restrictions

This website and its content are not directed to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the accessibility or use of this website or the publication or availability of its content would be contrary to applicable law or regulation, or would subject Transtrend to any registration or licensing requirement in such jurisdiction. Persons who wish to access and use this website are required to inform themselves about, and to observe any legal or regulatory restrictions which may affect, their eligibility to access and use this website. Professional advice should be sought in cases of doubt.

2. No offer

The content of this website is provided for informational purposes only. The information and any opinion expressed on this website do not constitute a solicitation, an offer or a recommendation to buy, sell or dispose of any investment or to engage in any other transaction, nor do they provide any financial, investment, tax, legal or regulatory advice or service.

3. Third party websites

Following links to websites operated by third parties shall be at the own risk of the person following such link. While Transtrend aims to direct you to useful external websites, the linking to or referencing of such websites does not imply any endorsement of any kind or acceptance of any responsibility for their content nor for the products, services or other items offered through them. Transtrend disclaims all liability arising from your use of or reliance on such websites, their content and any products, services or other items offered on such websites or referred to on such websites.

The protection of your personal information on third party websites is not governed by Transtrend’s privacy policy and Transtrend is not responsible for the privacy policies utilized on such third party websites, nor for the implementation of such policies by those third parties. Transtrend strongly recommends that you carefully review the terms of use of such third party websites and to access and use such third party websites only after you have obtained a sound understanding of your rights and obligations when doing so.

4. No warranty; limitation of liability; indemnification

This website, its content and the connection are provided “as is”, with no warranty whatsoever. Although Transtrend aims to provide accurate, complete and up-to-date information, obtained from sources of information believed to be reliable, Transtrend expressly disclaims all warranties and representations, either explicit or implicit, as to this website and its content, including any implied warranties of fitness for a particular purpose, non-infringement, being error- and virus free and availability. Transtrend assumes no responsibility for the consequences of e-mail messages regarding a Transtrend (e-mail transmission) service, which either cannot be received or sent, are damaged, received or sent incorrectly, or not received or sent on time. Persons accessing this website are responsible for their choice and use of the information.

Transtrend shall have no liability (whether based on contract or tort, by statute or otherwise) for any claims, liabilities, direct, indirect, consequential, punitive, exemplary, incidental or special losses or damages or costs of any kind, including, but not limited to, loss of profit, loss of business, business interruption, loss of business opportunity or loss of data arising out of or in any way connected with (a) your use of or inability to use this website, (b) the content of this website, or (c) the content of any third party websites linked or linking to this website. The foregoing applies even if Transtrend has been advised of the possibility of such claims, liabilities, losses, costs or damages or could have foreseen them.

Transtrend is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider).

All abovementioned limitations of liability of Transtrend will apply if and to the fullest extent permitted by applicable law.

You shall indemnify, defend and hold Transtrend harmless from and against any claims, liabilities, losses, costs or damages of any kind (including any legal fees and costs) suffered by it in connection with any breach of these Terms by you. Transtrend may assume the exclusive defense and control of any matter otherwise subject to indemnification by you and for which you intend to seek indemnification from Transtrend. You will inform Transtrend as soon as a matter occurs as described in the immediately preceding sentence and you shall not in any event settle such matter without the prior written consent of Transtrend.

5. Intellectual property

All copyrights, trademarks, patents, intellectual and other property (registered and unregistered), and licenses regarding this website, the information on this website, its features and functionality, the Transtrend name and Transtrend logo are owned and obtained by Transtrend. Nothing in these Terms or on this website should be construed as granting to you any license or right to use any of the aforementioned copyrights, trademarks, patents, intellectual and other property. Any use of the information on this website for any purpose is accordingly prohibited except as stated in section 6.

6. Prohibited acts

With the exception of information in Adobe Acrobat (PDF) format stated on this website with the intention to be downloaded by you and information which Transtrend enables you to share through embedded instruments of this website, you shall not reproduce, store, transmit, modify, link into or in any other way use for any public or commercial purpose this website or any of its content without the prior written consent of Transtrend or in violation of applicable law and/or regulation. In particular, neither you nor any other party acting on your behalf or at your instigation shall:

  • redistribute to any other person any of the information on this website;
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the information on this website; or
  • remove the copyright or trademark notice from any copies of information on this website.

You shall not use any data mining, robots or similar data gathering or extraction programs or methods, whether automated or manual, to access this website or its content or to acquire, copy or monitor this.

When accessing and using this website you shall not knowingly introduce trojans, worms, logic bombs or viruses, or other material that is malicious or technologically harmful. You shall not attempt to gain unauthorized access to this website, the server on which it is stored or any server, computer or database connected to this website. You shall not attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Transtrend is entitled to take any action against you in respect of non-compliance with your obligations relating to your access and use of this website and in particular in respect of any infringements of its intellectual property rights by you to the fullest extent permitted by law.

Transtrend will report any prohibited act to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity and other personal data to them. In the event of such a breach, your right to use this website will cease immediately.

7. Termination of the relationship and access

Transtrend may, at its sole discretion, at any time and for any reason, terminate the relationship with you pursuant to your acceptance of these Terms and your access to this website (including any registration areas) without being liable for any costs or damages relating to such termination, for example if Transtrend believes that you have not complied with these Terms. Such termination may be effectuated without notice and may result in destruction of all information associated with any registered account in your name on this website. All provisions of these Terms regarding intellectual property, warranty disclaimers, limitation of liability and indemnity shall survive the termination of the relationship between you and Transtrend pursuant to your acceptance of these Terms.

8. Privacy

We refer to Transtrend's Privacy & Cookie Policy.

9. Applicable law

These Terms, your access to and use of this website and its content and any dispute or claim arising out of or in connection with the aforementioned shall be governed by and construed in accordance with the laws of The Netherlands. All disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of The Netherlands.

10. No waiver

A failure by Transtrend to enforce a provision of these Terms or act on a breach or default by you does not constitute a waiver of any of Transtrend’s rights or remedies.

11. Entire agreement

These Terms constitute the entire agreement between Transtrend and you with respect of your access to and use of this website and its content and supersede and replace all prior communications, agreements and understandings, whether written or oral, between Transtrend and you with respect to the subject matter hereof.