Terms & conditions

Last reviewed on 19 April 2022

1. Who are we?

IQNautics B.V. is a Dutch legal entity, duly formed and existing under the laws of the Netherlands, with its registered office and billing address located in Smedestraat 2, 6411, CR Heerlen (hereinafter referred to as the “Company” or “we“). The Company is the rightful owner of the website https://www.iqnautics.com (the “Website“). You can contact us at [email protected].

2. Scope of the Terms and Conditions

2.1 These Terms and Conditions regulate the way in which the Website may be used by visitors and what actions are not permitted on this Website. These Terms and Conditions are distinct from the Website’s Privacy Policy and Cookies Policy both of which may be accessed by clicking on each of these links. 2.2 By continuing to browse the Website, you are agreeing to observe the provisions of these Terms and Conditions. The Terms and Conditions may be regularly reviewed and amended, and we shall endeavour to let you know when such amendments occur. However, it is the responsibility of the visitors browsing this Website to regularly check if any amendments occurred. 2.3 THESE TERMS AND CONDITIONS APPLY ONLY TO YOUR ACCESS AND USE OF THE MAIN DOMAIN WWW.IQNAUTICS.COM. Please note that your interactions and use on the subdomains of the main www.iqnautics.com domain, where the Company’s community platform or digital charter platform services are located, are governed by separate terms and conditions and private policies that are found on these subdomains.

3. Permitted use and prohibited actions

3.1 The Website may only be used by you in a lawful manner, as prescribed by the Company and for your personal and non-commercial purpose. You may not (or allow anybody else to) undertake any of the following prohibited actions:

• use the Website in any unlawful, fraudulent or malicious manner or for any unlawful purpose;
• perform any act which is illegal, fraudulent or violates or infringes any Intellectual Property Rights (as defined in these Terms and Conditions);
• use any means to access, index, frame or link to the Website in a way that is not authorized by the Company;
• use any means to remove, disable, bypass, or circumvent any Website protection or access control mechanisms, including those intended to prevent the unauthorized access to, use or distribution of the Website content;
• place any viruses, trojan horses, computer code, malware, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation the Website;
• damage or gain unauthorized access to the Website or the technology used by the Company or other persons, or the subscribers or other visitors of the Website;
• remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with the Website; or
• support conduct that constitutes a criminal offense or give rise to liability

3.2 Additionally, these Terms and Conditions specifically prohibit you from submitting content to Website which includes any text of whatever nature, any comments or submissions posted by you, photographs, graphics, designs videos or audio recording which:

• is defamatory, offensive, racist, sexist, homophobic, obscene, harassing or threatening;
• breaches the privacy or confidentiality of any third party;
• infringes any third parties’ intellectual property rights;
• may cause fear or encourage racial hatred or violence;
• alleges that you are someone else by way of falsely assuming someone else’s identity; or
• promotes products or services or for any purpose other than you own personal, non-commercial use.

4. Intellectual property

4.1 The content made available to you by the Company via the Website, except for the comments and materials posted by visitors, is owned or licensed by the Company. All Intellectual Property Rights, as defined below, including all rights arising in relation to the design, source code, preparatory material and other elements which may be protected by the law relating to the Website existing now and, in the future, remain the absolute property the Company. 4.2 You will not use the Website in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of the rights of the Company (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of licensors or any third party. In these Terms and Conditions, ‘Intellectual Property Rights’ include all intellectual property rights, including (without limitation) copyright, patents, designs, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names and all other intellectual property rights as defined anywhere in the world.

5. Consequences of breaching the Terms and Conditions

5.1 Visitors in breach of these Terms and Conditions agree to indemnify and hold the Company harmless against any loss, liability, costs, and damages which they may suffer as a result of: (i) infringing any person’s rights, including Intellectual Property Rights, in relation to the Website and (ii) you failing to comply with these Terms and Conditions. 5.2 Additionally, the Company reserves the right to check, edit, moderate and/or delete content submitted by you or to prevent you from making comments if you breach these Terms and Conditions.

6. Exclusions

6.1 The Website is made available on an ‘as is’ basis and without any warranty or other obligation whatsoever. The Company is not obliged to ensure that the Website meets visitors’ expectations, is available and accessible at all times, is provided without interruptions or error free. 6.2 The Company shall not be liable towards any visitors of the Website or any third parties for any loss or damage whatsoever resulting from any: (i) errors, mistakes, or inaccuracies appearing on the Website; (ii) damage resulting from access to and use of the Website; or (iii) content posted on the Website by other visitors.

7. Governing law and disputes

These Terms and Conditions shall be governed by the laws of the Netherlands. Any disputes arising in connection to the Terms and Conditions shall be settled by the competent courts located in the Netherlands.