Welcome to the terms of use used by AWK Test Services B.V. ("AWK Test Services") and applicable to all AWK Test Services's services. We note that in addition to these terms of use one or more specific terms could apply from AWK Test Services's Terms and Conditions and/or Privacy Policy. Please read all relevant terms carefully before using any services.
1 Applicability
1.1 AWK Test Services provides the following Services for use:
(i) the company website and forum accessible at awk-test-services.com/forum2/;
(ii) the online tool accessible via the website Featrz at featrz.com; and
(iii) other online tools provided by AWK Test Services, not named explicitly
altogether referred to as "Services" or “Websites”.
1.2 By accessing or using the Services, you directly enter into an agreement with AWK Test Services to which these Terms of Use, including any amendments thereto (Terms of Use), are applicable. AWK Test Services notes that these Terms of Use may be amended over time. Amendments to these Terms of Use will apply once you have accepted them and will be available and easily accessible via the AWK Test Services website (www.awk-test-services.com).
1.3 To the extent they are prohibited under applicable law, disclaimers, exclusions, and limitations of liability under the Terms of Use do not apply.
2 Terms and termination
2.1 The Terms of Use are applicable during your use of the Services.
2.2 If AWK Test Services has reason to believe that you have not acted in accordance with the Terms of Use, AWK Test Services may suspend or terminate the agreement and your right to access and use the Services, effective immediately. AWK Test Services may also terminate the agreement and your right to access and use the Services if AWK Test Services terminates the Services pursuant to Article 8.1.
2.3 You may terminate the agreement effective immediately upon written notice to AWK Test Services. After such termination, you are no longer entitled to access and use the Services.
3 Account
3.1 You do NOT need to register for an AWK Test Services user account ("Account") in order to use the Services.
3.2 If you register for an Account, you are responsible for keeping your Account login information confidential. You are also responsible for all activities that occur under your Account, including activities by other persons than yourself, regardless of whether you have given permission for those activities. This means that any activity under your Account by others, will be attributed to you. In the case of any unauthorised use or suspected unauthorised use of your Account, you shall immediately notify AWK Test Services.For more information, please read also the Privacy Policy via the AWK Test Services website (www.awk-test-services.com).
4 Access
4.1 AWK Test Services grants you a non-exclusive right (without the right to sublicense) to access and use the Services provided by AWK Test Services for your use.
5 Software
5.1 AWK Test Services may develop upgrades and/or other modifications to improve the performance of the Services ("Software Updates"). Without any notice to the contrary, AWK Test Services assumes your consent for installing these Software Updates automatically. You are deemed to consent to the Software Updates taking place automatically. The updated software is subject to these Terms of Use.
6 Content
6.1 Certain materials (including, but not limited to, text, articles, videos, graphics, images and illustrations) ("Content") may be displayed or performed on the Services. Content also includes information that you provide us with in the course of using the Services. AWK Test Services reserves the right to remove Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).
6.2 The responsibility for any information publicly posted or transmitted through the Services remains with the person from whom the Content originated and not with AWK Test Services. AWK Test Services shall not be liable for any errors in or omissions from the Content. The use of Content accessed by you through the Services is at your own risk. AWK Test Services shall not be liable for any loss or damage resulting from Content accessed or acquired through the Services.
6.3 You shall refrain from any unauthorised or negligent use of the Services. For example, you shall not:
(i) use the Services in a manner that violates any law or regulation or breaches public order or public morals;
(ii) use the Services for commercial activities like advertisement or sale of products and services or spam without the prior written consent of AWK Test Services;
(iii) use the Services in a manner that interferes with the proper working of the Services;
(iv) use the Services in a manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable according to generally accepted standards;
(v) distribute any computer viruses or any harmful software or in any other way disturb the peripheral equipment or systems of AWK Test Services or other users of the Services;
(vi) undertake any act with the purpose of impersonating another person or entity;
(vii) access, or attempt to access, any of the Services by means other than through the interface that is provided by AWK Test Services;
(viii) license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
(ix) violate the privacy of other users of the Services;
(x) decompile, disassemble, reverse compile, reverse engineer, modify or make derivative works of any part of the Services, including the source code and the underlying ideas; and
(xi) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services.
7 Access in non-Supported countries
7.1 AWK Test Services’ Services are not supported in all countries. If you choose to access the Services outside the Netherlands (the "Supported Country"), you do this at your own risk and responsibility. AWK Test Services cannot guarantee that its Services are compliant with the local law in a non-Supported Country.
8 Modification, system requirements and availability of the Services
8.1 AWK Test Services reserves the right to modify, suspend or discontinue the Services or any part thereof.
8.2 The use of the Services requires that you have a working internet connection.
8.3 You must ensure that you have all required hardware and software and that these are compatible for use with the Services and properly configured. The Services may not work properly if these requirements are not met. You are responsible for all fees charged for this in connection with your use of the Services.
9 Assignment
9.1 You may not assign or otherwise transfer any of the rights or obligations associated with these Terms of Use and/or the Services to a third party without AWK Test Services's prior written consent. If you attempt to assign any rights or obligations without prior written consent, the assignment will not be effective.
9.2 AWK Test Services may, without any restriction, assign its rights or obligations associated with these Terms of Use.
10 Information
10.1 All information and recommendations provided to you on or through the Services ("Information") is for general information purposes only and does not constitute advice. AWK Test Services will make all reasonable efforts to ensure that the Information provided through its Services and its contents are correct and up to date but does not guarantee that the Services and/or the Information are free of errors, defects, malware and viruses, nor that the Services and/or Information are correct, up to date and accurate.
11 Ownership and intellectual property
11.1 Unless otherwise indicated, all rights to the Services and the Information, including copyrights and other intellectual property rights, are owned and reserved by AWK Test Services.
11.2 Users are permitted to read the content provided by the Services and the Information contained therein and make copies for their own personal use, for example by printing or storing it. All other use of the Services or the Information contained therein, for example the storage or reproduction of (a part of) the Services on any external internet site or the creation of links, hypertext links or deeplinks between the Services and any other internet site, is explicitly prohibited without the express written consent of AWK Test Services.
11.3 In the event you post unsolicited materials (including Content) on the Services or send these to AWK Test Services by e-mail or otherwise, you warrant that you have all the necessary rights to do so. AWK Test Services is entitled to use, copy and/or commercially exploit such materials to the fullest extent and free of charge and AWK Test Services is not bound by any confidentiality obligation in respect of such materials.
12 Indemnity
12.1 You will indemnify, defend and hold harmless AWK Test Services and its licensors and suppliers from any claims of third parties on any basis whatsoever for damages and costs (including attorneys' fees) in connection with your use of the Services, your failure to comply with the Terms of Use or your failure to comply with the law or the rights of a third party. This constitutes an irrevocable third-party stipulation (derdenbeding) for the benefit of AWK Test Services' licensors and suppliers.
13 Disclaimer of warranties and limitation of liability
13.1 The Services are provided "as is" and "as available". We cannot guarantee and do not warrant that the Services (or functions contained therein) (i) are always, without interruption, or fully available, (ii) are free of errors, defects or viruses, (iii) are up-to-date, complete or accurate, (iv) meet your requirements and (v) are compatible with your devices or network.
13.2 AWK Test Services does not give any warranties or representations of any kind on any Information, data or materials contained in or accessed through the Services.
13.3 AWK Test Services shall be liable only if it has breached material obligations of these Terms of Use. If you believe AWK Test Services is liable for any damage, you shall notify AWK Test Services of this immediately.
13.4 AWK Test Services shall never be liable for any damage:
(a) arising from unauthorised use of your Account.
(b) arising from use of AWK Test Services' Services in a non-Supported Country.
(c) related to any product or service advertised or offered by a third party or any links to external internet websites.
(d) resulting from the use of or the inability to use electronic means of communication with the Services if this is not the result of an act or omission on the part of AWK Test Services, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
13.5 The above limitations of liability do not exclude AWK Test Services' mandatory statutory liabilities.
14 Applicable law and jurisdiction
14.1 The agreement and these Terms of Use are exclusively governed by Dutch law.
14.2 All disputes arising in connection with the agreement and these Terms of Use, including disputes concerning the existence and validity thereof, shall be solved in accordance with Section 7 ('disputes and arbitration') of AWK Test Services Terms and Conditions.
14.3 In each situation you shall notify AWK Test Services within one (1) year of the date of the occurrence of an event or facts giving rise to a dispute, subject to forfeiture of any right in relation to such event, facts, or dispute.
15 Privacy and Cookie Notice
15.1 AWK Test Services collects and processes the personal data of the visitors of the Services according to the Privacy and Cookie Notice, available via the AWK Test Services website (www.awk-test-services.com).
15.2 The Services provide links to external internet sites. Our Cookie and Privacy Notice available via the AWK Test Services website (www.awk-test-services.com) does not apply to any collection and processing of your personal data on or through such external sites.
16 Severability
16.1 If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder. AWK Test Services shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purpose of these Terms of Use.
17 Survivability
17.1 The obligations in 3, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17 and 18 will survive any termination of these Terms of Use.
18 Contact details
18.1 You can reach AWK Test Services via the following contact details:
AWK Test Services B.V.
Bakemastraat 29
3544 MT Utrecht
www.awk-test-services.com