Disclaimer

Legal disclaimer from Benseng International BV; trade name: Euro Ginseng

General Terms & Conditions for Web Sites Operated by Benseng International BV; trade name: Euro Ginseng, hereinafter referred to as: ‘Euro Ginseng’.

 

Welcome to our web site! As ‘Euro Ginseng’, we offer an online information and communications service that we hope you will find entertaining and informative. There are a few rules of the (cyber) road that our visitors must follow when using our site, so we ask all our visitors to read this User Agreement carefully.

Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since use of this site constitutes your acceptance of, and/or agreement with, the terms and conditions set out in this Agreement.

We do not intend to make changes to our terms and conditions very often but reserve the right to do so. However, it is always a good idea to double check when you visit our site to ensure that you have read and agree with our most current terms and conditions. Any change in our terms and conditions will be prospective only. We will not make any changes to our terms and conditions that have a retroactive effect unless legally required to do so. Your continued use of this site after that time will constitute your acceptance of any new or amended terms.

Intellectual Property Ownership

Graphics, Artwork, Audio and Video: Copyright

All copyright subsisting in the contents of this site is owned by ‘Euro Ginseng’.

Although you can copy any part of this web site to your own computer for your personal use, you may not copy or incorporate any of the material including any artwork, trademarks or logos available on the web site into any other work including your own web site or use the material in any other public or commercial manner. That means you may not post or redistribute any portion of our web site unless you are a licensee of our products and your licence agreement with us specifically allows you to do so. In that event, you must ensure all material is accompanied by all notices regarding copyright, trademark or other marks in the same form as they appear on this site.

Please don't change any of the notices regarding copyright, trademarks, or other marks. If you want to link to our site, that's OK, but please don't use our materials, including artwork, trademarks and logos in your own site. Any pictures of individuals or places and any music that we use are either owned by ‘Euro Ginseng’ or used with permission. Except for your own personal use, you can't use any material here without our written permission. That also means that ‘Euro Ginseng’ retains full and complete title to any downloadable software, any images incorporated in or generated by the software, and all data accompanying it. This includes, but is not limited to, any code and other software. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

Trademarks

Unless otherwise specified, all trademarks used on this site are the property of ‘Euro Ginseng’ or our business partners.

Submissions

We will respect your rights regarding the protection of personal data, especially as regards any application you may make for employment with ‘Euro Ginseng’. In addition to job applications, we are glad to receive from you any ideas, suggestions, graphics, pictures or anything else, but do please remember that, by sending us such material, you assign all your interest in it to ‘Euro Ginseng’ and, depending on which law applies, ‘Euro Ginseng’ will either own the material you send to us on this site or you will be deemed to have granted ‘Euro Ginseng’ a non-exclusive and perpetual licence to use it.

That means that all stories, comments, suggestions, ideas, graphics or other information sent to ‘Euro Ginseng’ through this site, not in connection with a job application, are automatically deemed to be either the property of ‘Euro Ginseng’ or can be used by it. This information is not confidential and we can use it as we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other media now known or later invented. Subject to our Privacy Policy and your rights regarding the protection of personal data, the bottom line is that we can use anything you send us or post online (other than a job application) for promotional, marketing or any other commercial purpose, whether it's in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your submission for any purpose.

So remember, apart from when you are making a job application, don't send us your material if you don't want us to use it or the world to know it, and don't post it in any public forum if one is available on this site.

Privacy Policy

Please ensure that you read our Privacy Policy and the data protection consents, which we require when you apply for employment with ‘Euro Ginseng’, in order to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

Use of this Site: Limitation of Liability and Disclaimer

NEITHER ‘EURO GINSENG’ NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE UNLESS THEY ACTED WILFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:

  • DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM ANY LOSS OR INJURY (CONSEQUENTIAL DAMAGES).

YOU AGREE THAT WE ARE NOT LIABLE EVEN IF ‘EURO GINSENG’, ANY OF ITS AFFILIATES, OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS ACTED SLIGHTLY NEGLIGENTLY (BUT NOT WILFULLY OR WITH GROSS NEGLIGENCE) OR IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR INJURY CAUSED BY OUR NEGLIGENCE NOR LIABILITY FOR A BREACH OF STATUTORY DUTY WHERE LIABILITY MAY NOT BE LAWFULLY EXCLUDED.

We use our best efforts to ensure that accurate information is provided on this site, but do not guarantee such accuracy, and make no representations regarding the use or results of use of any materials on this site in terms of their accuracy, reliability or any other matter. Visitors to this site should not therefore rely on any information posted on this site in any way.

‘EURO GINSENG’ AND ITS WORLDWIDE AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE, OR ANY SERVER THAT MAKES IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM YOUR USE OF INFORMATION AT THIS SITE. We also do not guarantee that this site or every feature of this site will remain available to you.

Without limiting the foregoing, and to the extent permitted by law, all information on this site is provided "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED).

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, UNLESS ‘EURO GINSENG’ OR ANY OF ITS AFFILIATES HAS ACTED WILFULLY OR WITH GROSS NEGLIGENCE OR HAS BREACHED A STATUTORY DUTY UNDER WHICH LIABILITY MAY NOT BE LAWFULLY LIMITED OR EXCLUDED.

While we reserve the right to remove any postings or any other information that we feel may be offensive, we are not responsible for any material posted by any user or for any information whatsoever contained in any linked sites. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ‘EURO GINSENG’ AND ITS WORLWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.

Other

If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. ‘Euro Ginseng’ enters into the agreement constituted by these terms and conditions on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, ‘Euro Ginseng’ holds the benefit and may enforce these terms and conditions on behalf of those affiliates. ‘Euro Ginseng’ reserves the right to pursue any remedy available to us at law or in equity if you breach this Agreement.

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