We may deviate from the defined rights and obligations in some exceptional situations, but only to the extent that the deviations are accepted by each party and stated explicitly in writing. These deviations only replace or supplement the clauses to which they relate and shall not affect the application of any other provisions.
1. Who are we?
The Website is provided by:
3067 KW Rotterdam
Dutch Chamber of Commerce number: 64435369
VAT number: NL202848553B02
Email: [email protected]
Telephone: +31 (010) 307 48 96
Please contact us if you have any questions or comments; we promise you a prompt reply.
2. Our Website
2.1 Proper functioning, safety and accessibility
You can rest assured; we offer a user-friendly Website that is safe for every User. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.
Any use of the Website is entirely at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our Website, regardless of the existence of force majeure or other extraneous events.
We have the right to restrict and/or interrupt fully or partially the access to our Website, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered.
2.2 Content on our Website
We largely determine which content is available on our Website. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our Website as complete, accurate and current as possible, even when third parties provide the information. We are always permitted to change, add or delete the content on our Website.
Despite our considerable attention, we are not able to guarantee the quality of the information available on our Website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages, which the User may suffer as a result of the information on our Website.
We ask you to notify us as soon as possible if you notice the content on our Website violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.
Our Website contains content that can be downloaded. The User understands and agrees that every download from our Website is at his own risk and that damages resulting from loss of data or damage to the computer system are his entire and sole responsibility.
2.3 What we expect from you as a User
The User bears some responsibility for the way we offer our Website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Website or on its use. For example, the Website cannot be used to circumvent our business model and/or to gather information from other users.
It is therefore forbidden to distribute content via our Website that (may) damage(s) other Users of the Website. This includes, without being limited to, the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the Website, such as junk mail, spam and chain letters, is also targeted.
We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The User is solely responsible for all actions exerted on the Website that causes damages to the Website and/or to other Users. If this occurs, the User has the obligation to indemnify By Kelsha and to hold By Kelsha harmless from and against any and all claims, losses or liabilities that may arise.
3. Links to other Websites
Our Website may contain or provide hyperlinks to other Websites and/or electronic communication portals maintained by third parties or may provide third party content on our Website by framing or other methods. Such a reference being made on our Website, does not mean that there is any connection between our Website and these third-party Websites nor that we (implicitly) agree with the content of those sites.
We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external Websites linked to on our Website or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.
4. Intellectual property rights
Creativity deserves protection; so does our Website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. By Kelsha and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database rights, design rights and other applicable (intellectual property) rights. The technical nature of our Website itself is protected by copyright. Trade name and trademark law protects each trade name that we use on our Websites.
Each User receives a limited right to access, use and display our Website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context.
We ask our Users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of By Kelsha. By Kelsha attaches great importance to her intellectual property rights and has taken all possible measures to guarantee the protection. Legal action will be taken against every infringement of the existing intellectual property rights.
5. Processing of Personal Data
6. General provisions with regard to the Terms and Conditions.
We reserve the right to change, limit or discontinue our Website and related services at any time and to any extent. We may do so without notifying the User. This does not give rise to any form of compensation.
When the User is found to have violated our Sales Conditions, we have the right to undertake all possible measures to penalize and remedy this violation. We can always remove or modify your content (in whole or in part) and/or deny you access to our Website. These measures can be taken without giving prior notice. Such measures shall not give rise to our liability neither to any entitlement to compensation.
This Disclaimer, the Sales Conditions, Privacy Statement and Cookie Statement shall be exclusively governed by and interpreted in accordance with Dutch law. Any dispute arising under or relating to By Kelsha’s offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district of Rotterdam.
If a court deems any provision of this Disclaimer, the Sales Conditions, Privacy Statement or Cookie Statement invalid, the validity of such provision shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).
The titles we use in our legal documents are always of mere illustrative character; they have no legal value.
7. Help us to improve our Website
It should be clear that our Website aims at being as user-friendly as possible. We appreciate any help that may improve our Website and gladly receive your questions, comments and tips by email. You are welcome to send your input via the Contact Form