Terms and conditions
These are the general terms and conditions of Lusquan.com, The Netherlands hereinafter referred to as “Provider”.
The Provider provides a collection of sites forming a digital eco-system referred to as lusquan.com, which is made up of a collection of digital services and tools.
1 General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business, or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Any individual contract agreements has priority over these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
2 Service description and prices
(1) The Provider provides an infrastructure consisting of various digital services and tools that consititute lusquan.com, which should facilitate the Customer to both purchase and make use of digital goods and services.
The Provider performs for its Customer through the website lusquan.com both sold products and extensive technical services. Our product and service offerings range from an online store where products are sourced and sold through to small scale in house game development down to numerous free services such as the use of digital tools.
In general, our services provide a user the convenience of having many of the digital tools and services they use regularly all in one place.
(2) To provide its services, the Provider provides the Consumer with numerous free basic service on selected parts of the eco-system. Customers can also access a chargeable premium account with advanced features and services. This also includes a paid membership service based on subscription plans. The Customer acknowledges and agrees that the Provider may establish general practices and policies concerning the use of the services.
(3) Additionally, the Provider provides both disk and memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link.
For this purpose, the Customer grants the Provider a right of use of the file, unlimited by time or space.
The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity.
The Provider reserves the right to change or discontinue any of the services at any time.
While the Provider tries to ensure that the technical services are error-free, he cannot guarantee that user files will not be deleted or lost. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the technical services. The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a user file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file or converted file.
(4) The specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions.
The stated current prices as shown in various sections of the eco-system shall apply. The stated prices shall be binding. All prices include the statutory value-added tax.
The Customer has a right to compensation, provided that its counterclaims have been judicially determined, recognized, or undisputed by the Provider. The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship.
3 Customer identification
(1) The services free of charge can be used without any registration. However, many chargeable services of the Provider do require registration. As part of the registration process, the Customer shall select a user name (email address) and a password.
By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services.
Provided that the services of the Provider are subject to a charge, the Customer shall (when necessary) truly and completely specify its bank and/or its credit card details as well as any changes to its data without delay.
The Customer will receive an email after registration that will request the confirmation of the registration. As soon as the Customer confirms the registration, the process is completed.
(2) In case the Customer is aware of any misuse of its access data to the services of the Provider, he/she shall immediately inform the Provider. The Provider is entitled to block access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer.
4 General duties of the Customer
(1) The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.
(2) The Customer shall attend the effective laws of The Netherlands as well as the present conditions when using the services provided by the Provider. He particularly shall:
a) provide, as part of the application, true and complete information regarding its person and, if necessary, regarding its authorized representative. Particularly, its true first and last name as well as its current address and (when necessary in order to use the services of the Provider) true and complete details of the planned means of payment (such as bank details). Should this information be untruthful and should the collection of the fees not be possible or a return back debit affected by the bank for this reason or for any other reason in the responsibility of the Customer, then the Customer shall bear all associate expenditure as responsible part;
b) not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents;
c) attend to the effective law of The Netherlands particularly the regulations regarding data and youth protection as well as criminal ordinances;
d) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other prоperty and personal rights. Particularly with regard to the use of copyrighted works, the Customer is responsible for obtaining the relevant rights concerning that use.
(3) As far as storage and memory use provided to the Customer, he/she is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered:
a) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights; the offer of plagiarism is not permitted;
b) pornographic and harmful offers is not permitted;;
c) propaganda articles and products from any unconstitutional organization is not permitted;:
d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort; is not permitted;
e) protected live animals, products, and preparations of protected animals as well as protected plants and their preparations is not permitted;;
f) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption;
g) debt obligations and court titles as well as other claims arising from collection legal transactions;
h) vouchers, which are available free of charge for everyone is not permitted;
i) goods whose possession is lawful, but their use in the country of delivery is prohibited is not permitted;
j) human organs is not permitted;
(4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
(5) The Customer is not allowed to share his account and login data..
5 Blocking of access
(1) The Provider reserves the right to revoke the right to access to its services or to reject the registration of a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access or rejection of the registration.
(2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email.
6 Infringing content policy
(1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on online-convert.com.
For this purpose, the Provider requires detailed information. This information should content the following:
a) A statement that contents at online-convert.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf;
b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
c) Full name, address, telephone number and email address of the user;
d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf;
e) A statement that the user believes in good faith that the use of the content in the manner complained has been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
7 Payment terms
(1) Customers who use chargeable services of the Provider may pay in advance pre-cash / bank transfer, by credit card or via PayPal. The Provider reserves the right to exclude certain terms of payment.
To realise the payment via PayPal/Stripe, the Customer has to register under paypal.com or stripe.com. The terms and conditions of paypal/stripe shall apply The provision of services shall only happen as soon as the invoiced amount is credited to the PayPal/Stripe account of the Provider.
The exact payment method depends on the corresponding description of the services offered, which are an essential part of these general terms and conditions.
(2) Unless stated otherwise in the description of the services, the begin of the availability of the Service by the Provider will happen as soon as the complete invoice amount is credited to its account.
The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website online-convert.com or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement.
(1) Defects on services of the Provider will be corrected when possible according to the error description made by the Customer. This does not apply if the Customer is responsible for the malfunction. Further rights of the Customer are not affected.
(2) The contents posted by the Customer on any part of the eco-system that makes up lusquan.com or using the infrastructure of the Provider are external contents for the Provider. The Customer that posted the contents is the legal responsible. The Provider is not responsible for the descriptions, characteristics, and legal validity of the Customer’s stored data. The Provider does not guarantee the accuracy or completeness of the information and statements given by the Customer either the identity or integrity of the Customer.
(1) The Provider assumes no liability for the no-break availability of the provider infrastructure as well as for system-dependent losses, interruptions, and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions, and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators.
(2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of the duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfillment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation of the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health, and death of the Customer.
(3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.
(4) The Provider is only liable for their own contents on its web pages that make up the eco-system referred to as lusquan.com. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace external content and only presents links to Third party content at user discretion.
In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided where this may be technically possible and reasonable to do so.
11 Rights of the Provider
All copyrights, trademark rights or other intellectual property rights to the various website that make up the eco-system of lusquan.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him/her or transmitted to the Provider remain unaffected.
(1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfillment of the contract.
(2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein.
(3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so
(4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored as far as it is required to fulfill the purpose of the contract, in particular for invoicing.
(5) The Provider, when required, is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance.
13 Change of the general business regulations
(1) The Provider reserves the right at any time to make changes to these general terms and conditions under the adequate prior notice of at least two weeks. The announcement will be served through the publication of the changed general terms and conditions on the Internet indicating the effective date on the website lusquan.com.
(2) If the Customer does not disagree within two weeks after publication or if the Customer continues using the ordered services offered by the Provider after the expiration of the period, the changed terms of business are considered as accepted. In particular, the change announcement will be pointed out to the two weeks term. In the case of objection, the contract remains with no changes in content and with the current terms and conditions. However, the Provider is entitled to terminate the contract.
14 Applicable law and jurisdiction
(1) This agreement shall be governed by the laws of The Netherlands The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.
(2) If the client is a merchant, statutory juristic person, or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given.
The same applies if the client has no general jurisdiction in The Netherlands or residence or usual stay is not known at the time of the filing of the action.
15 Final Clause
If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.
Version 1.0 December 2020
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