These terms and conditions apply to all users (the ‘Users’) of our apps
and websites (together, the ‘Applications’), including users who upload
any materials to the website, users who use services (the ‘Services’)
provided through the apps and websites, users who download the apps, users
who have made an Account (the ‘Account’) by registering with an email and
password on our Applications and users who simply view the content on or
available through this website.
You must be at least 18 years of age to use our Applications. This means
that if you are under the age of 18, you need permission from a parent or
guardian to use our Applications. By using the Applications you warrant
and represent that you are at least 18 years of age, or if you are a
minor, we assume that you have received this permission from a parent or
guardian.
By using the Applications you indicate your acceptance of these Terms and
Conditions. If you do not accept these Terms and Conditions, you are not
authorised to access or use our Applications or any of their content or
Services.
1. Applicability
These terms and conditions apply to all quotations, offers, activities,
orders, agreements and deliveries of Services by or on behalf of Equi
Solutions.
Equi Solutions and the User can only deviate from these conditions if
they have explicitly agreed upon in writing.
Equi Solutions expressly rejects the applicability of supplementary
and/or deviating general terms and conditions of the Users or third
parties.
2. Offers
Occasionally there may be information on our Applications that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, availability, promotions and offers. We reserve
the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on our
Applications is inaccurate at any time without prior notice (including
after you have submitted your order).
3. Prices
All prices used by Equi Solutions are in euros and exclusive of VAT
unless expressly stated or agreed otherwise.
Equi Solutions reserves the right to change the Applications and adjust
the prices for the Services. Prices of all Services, including but not
limited to monthly subscription plan fees to the Applications, are
subject to change upon 14 days’ notice from us. Such notice may be
provided by email or through an in-App notification.
For more information about our pricing models, please visit our website
equi-solutions.nl.
4. Payment and payment term
Payment obligations are non-cancelable and fees paid are non-refundable.
User subscription fees are based on monthly periods that begin on the
subscription start date and renew each month unless the subscription to
the Service is cancelled.
The Services are billed in advance on a monthly basis and are
non-refundable. If a User signs up for an annual paid Account, Equi
Solutions will bill the User for the entire year on the sign up date for
this Account. There will be no refunds or credits for partial months of
service, upgrade or downgrade refunds, or refunds for months unused with
an open account.
If the User upgrades the Account, this will trigger a pro-rata charge
which will be processed immediately using the payment method you have
provided.
If the User downgrades the account to a free or cheaper subscription,
Equi Solutions will adjust the fees down as of the next billing cycle.
Downgrading the Service may cause the loss of features of the account.
Equi Solutions does not accept any liability for such loss.
If the User cancels the Service before the end of the current paid up
month, the Account will remain open until the end of the then-current
billing cycle, after which the cancellation will take effect unless the
User has elected to delete the account.
If auto-renewal is enabled for the Services the User has subscribed for,
the User will be charged automatically in accordance with the term
selected.
Equi Solutions reserves the right to refuse a User subscription for our
Services.
5. Consequences of late payment
If any amounts owed by a User for our Services are overdue, Equi
Solutions may, without limiting our other rights and remedies, suspend
our Services to this User until such amounts are paid in full.
6. Suspension of obligations
The User of our Applications waives the right to suspend the fulfilment
of any obligation arising from this agreement.
7. Guarantee
Equi Solutions makes no warranty that the Applications will meet the
user’s requirements, or that the Applications will be uninterrupted,
timely, secure, or error-free; nor do we make any warranty as to the
results that may be obtained from the use of the Applications or as to
the accuracy or reliability of any information obtained through the
Applications.
Any material and/or data downloaded or otherwise obtained through the
use of our Applications is done at the User’s own discretion and risk.
The User will be solely responsible for any damage or loss of data that
results from the download of such material and/or data.
Equi Solutions makes no warranty regarding any goods or services
purchased or obtained through our Applications or any transactions
entered into through the Applications unless stated otherwise. No advice
or information, whether oral or written, obtained by the User from Equi
Solutions or through the Applications shall create any warranty unless
expressly stated.
8. Performance of the agreement
Equi Solutions will make efforts, to the extent reasonable and possible,
to ensure the Services are available 24 hours a day, 7 days a week,
except for planned downtime (which will be scheduled to the extent
practicable during the weekend hours), or any unavailability caused by
circumstances beyond our reasonable control, including without
limitation, acts of government, floods, fires, earthquakes, civil
unrest, acts of terror, strikes or other labour problems (other than
those involving our employees), acts of third parties who provide
infrastructure services to Equi Solutions, third party website outages,
Internet service provider failures or delays, or denial of service
attacks.
Equi Solutions performs regular backups of the Applications, however,
these backups are for our own administrative purposes only and are in no
way guaranteed. Equi Solutions does not provide any sort of compensation
for lost or incomplete data in the event that backups do not function
properly. Equi Solutions will do the best to ensure complete and
accurate backups, but assume no responsibility for this duty.
The User is responsible for making every reasonable effort to keep his
or her devices up to date. The Applications are not designed to be a
standalone, and Equi Solutions cannot vouch for data or features stuck
on mobile devices when internet connectivity is unavailable.
If you create an account on our Applications, you are responsible for
maintaining the security of your Account and you are fully responsible
for all activities that occur under the Account and any other actions
taken in connection with it. Providing false contact information of any
kind may result in the termination of your Account.
The User must immediately notify Equi Solutions of any unauthorised uses
of the users' account or any other breaches of security, without
prejudice to the obligation to immediately take effective measures, such
as changing the login credentials.
9. Termination
The User may discontinue use of our Applications at any time. The user
can cancel his/her Account using one of the Applications. However,
please see Section 4. Payment above for details that the effect of
cancellation has on your payment obligations.
Equi Solutions may, under certain circumstances and without prior
notice, immediately suspend, disable, or delete your account (or any
part thereof) if we determine that you have violated any provision of
this Terms and Conditions or that your conduct or content would tend to
damage our reputation and goodwill. If Equi Solutions deletes your
Account for the foregoing reasons, you may not re-register for our
Services. We may block your email address and IP address to prevent
further registration.
We may terminate this Terms and Conditions and/or terminate the
provision of all or any portion of the Services with at least 30 days
notice to the Users prior to terminating or suspending the Service;
provided that the Service may be terminated immediately if we reasonably
determine that it is commercially impractical to continue providing the
Service in light of applicable laws.
10. Intellectual property
Equi Solutions reserves all rights, title and interest in and to the
Services, including all related intellectual property rights. No rights
are granted to the Users hereunder other than as expressly set forth
herein.
The Users shall not permit any third party to access the Services,
create derivative works based on the Services, copy, frame or mirror any
part or content of the Services or reverse engineer the Services.
The Users shall not access the Services in order to build a competitive
product or Service, or copy any features, functions or graphics, or
other collateral of the Services.
Equi Solutions does not own any data, information or material that the
Users submit on our Applications in the course of using the Service. The
Users shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all submitted Content. We may, but
have no obligation to, in our own sole discretion, refuse or remove any
content that, in our reasonable opinion, violates any of our policies or
is in any way harmful or objectionable.
11. Liability of Equi Solutions
Equi Solutions is only liable for any damage the User suffers if and
insofar as this damage is caused by intent or gross negligence on the
part of Equi Solutions.
Equi Solutions does not accept any liability for indirect or
consequential damages, such as consequential loss, lost profit, loss of
goodwill or reputation, loss of expected savings or damage to third
parties.
If Equi Solutions is liable, its liability is limited to the invoice to
which the liability relates.
All images, photo’s, colours, drawings, descriptions on our Applications
are only indicative and are only approximate and cannot lead to any
compensation, dissolution of the agreement or suspension of any
obligation.
12. Indemnity
The User agrees to indemnify and hold Equi Solutions, its employees,
affiliates, suppliers and licensors or other partners of Equi Solutions,
harmless from all claims, damages, and costs (including settlement costs
and reasonable attorneys' fees) that are related to the Services
supplied by Equi Solutions.
13. Changes in the general terms and conditions
These Terms and conditions may be amended or updated by Equi Solutions.
Changes of minor importance can be made at any time without notice. In
the event of a substantial change to the general terms and conditions a
notification will be provided by email or through an in-App
notification.
It is the responsibility of the Users of our Applications to review the
Terms and Conditions for any changes. The most up to date version is
available on https://equi-solutions.nl/terms-of-service/#en. The bottom
of this page shows when the Terms and Conditions were last updated.
Using our Applications after any amendments or updates of the Terms and
Conditions shall signify your assent to and acceptance of such revised
terms.
Any new features that may be added to our Applications will be subject
to the Terms and conditions, unless stated otherwise.
14. Transfer of rights
The User cannot transfer its right deferring from an agreement with Equi
Solutions to third parties without the prior written consent of Equi
Solutions.
Equi Solutions is free to assign any of its rights or obligations, in
whole or in part, to any third party as part of the sale of all or
substantially all of its assets or stock or as part of a merger.
15. Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove
null or annullable, this will not affect the other provision of these
Terms and Conditions.
A provision that is null or annullable shall, in that case, be replaced
by a provision that comes closest to what Equi Solutions had in mind
when drafting the conditions on that issue.
16. Applicable law
The use of our Applications and these Terms and Conditions are subject
solely to Dutch law.
Questions?
If you have any questions about these Terms and Conditions or if you wish
to make any complaint or claim with respect to the Website, App or
Service, please contact us at:
.
This document was last updated on september 13, 2024