bol.com  Module Terms of use

bol.com  Module Terms of use

Below you will find the bol.com Module terms of use. By using or accessing any part of the bol.com  Module, you accept these terms of use and you agree to comply with these terms of use at all times.

Article 1 Definitions

bol.com:  a private limited company with its registered office in Amsterdam, operating in the Netherlands under VAT number NL 807149974 B01 and registered with the Chamber of Commerce in Utrecht under no. 32147382, and operating in Belgium under VAT and company number BE 0824148721;

bol.com Module: the bol.com Module, including the source code, made available by bol.com through the marketplace of Magento;

Magento: The e-commerce platform of Magento www. marketplace.magento.com

User: any natural person or legal entity that has bought a license to, whether in return for payment or not, the bol.com  Module;

Terms of use: the present bol.com  Module terms of use;

Developer Center: the bol.com portal where bol.com supplies information about the bol.com  Module;

Article 1 – Use

1.1: Subject to the terms and conditions of the Terms of use, User obtains the non-exclusive, non-transferable, worldwide, royalty-free right, for an indefinite period to use, reproduce and modify the bol.com Module for its own or business use.

1.2: User is not entitled to commercially exploit the bol.com Module in any way and/or to anyone in return for compensation, unless explicit written permission has been given by bol.com to User.

Article 2 – Support & Modification

2.1: Bol.com is not obliged to provide any support on (an altered version of) the bol.com Module and/or derivative works of the bol.com Module that are not obtained from bol.com through the marketplace of Magento.

2.2: Bol.com is entitled to change, suspend, or discontinue all or any part of the bol.com Module at any time, with or without reason.

Article 3 – Liability

3.1: User is completely responsible and liable for any use of the bol.com Module. User will indemnify, defend and hold harmless bol.com and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of a third party claim in any way connected with the use of the bol.com Module by User.

3.2:  The bol.com Module is provided ‘as is’ without warranties of any kind. Bol.com cannot guarantee that the bol.com Module functions without any errors or interruptions or that all defects in the bol.com Module will be corrected.

3.3: Bol.com is never liable for any damage in relation to the use of the bol.com Module unless such damage or loss is caused by gross negligence or an intentional act of bol.com.

3.4: If the exclusion of liability as set out in the Terms of use is declared void or otherwise non-binding by a competent court, bol.com shall only be liable for direct damages and/or costs (with the exclusion of any consequential/ indirect damages/ costs such as (but not limited to) loss of profit, loss of income or loss of opportunity), up to an aggregate amount of €500,- (five hundred Euro) per year.

Article 4 – Open source software

4.1: The bol.com Module is partly based on open source software. The licenses applicable to that open source software are included in the source code of the bol.com Module. User guarantees to comply with these licenses.

Article 5 – Intellectual Property

5.1: Title to the bol.com Module, and patents, copyrights and all other property rights applicable thereto shall at all times remain solely and exclusively with bol.com with the exception of the open source software used in the bol.com Module.

Article 6 – Miscellaneous

6.1: Announcements or other notices concerning the bol.com Module are placed on the Developer Center. Therefore User shall consult the Developer Center frequently.

6.2: These Terms of use constitutes the entire understanding between the User and bol.com with respect to subject matter hereof. Bol.com is at all times entitled to modify the provisions of the Terms of use. The modified Terms of use shall be placed on the Developer Center. The continued use of the bol.com Module by User following the posting of the modifications to the Terms of use will mean User accepts the modifications.

6.3: Should any part of the Terms of use be held by any competent authority to be invalid or unenforceable in whole or in part then such part shall be modified in such a manner that it is brought into conformity with applicable law taking due account of the meaning of the original provision.

Article 7 – Applicable law

7.1: These Terms of use shall exclusively be governed by Dutch law. The application of the United Nations Convention on Contracts for the International Sale of Goods (het Weens Koopverdrag) shall be excluded.

7.2: All disputes and agreements arising from, relating to or associated with these Terms of use will be determined by the competent court in Midden- Nederland, Utrecht (the Netherlands).