Last Updated Date: April 30, 2023
Please be aware that Section 12 of this Agreement, below, contains provisions governing the resolution of disputes between you and us, including, without limitation, any disputes arising out of or asserted prior to the effective date of this Agreement. IT CONTAINS A BINDING AND FINAL ARBITRATION AGREEMENT IN PARTICULAR THAT REQUIRES DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION WITH SOME LIMITATIONS ON APPLICABLE EXCEPTIONS. IF YOU DO NOT CHOOSE TO PARTICIPATE IN ARBITRATION: (1) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS; (2) YOU ARE ONLY PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Without regard to any rules allowing the law of another jurisdiction to apply, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED BY AND INTERPRETED BY AND UNDER THE LAWS OF THE NETHERLANDS. THIS AGREEMENT EXPRESSLY DISCLAIMS THE APPLICABILITY OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
Utilisation of ETL Properties and Services. Worldwide copyright laws protect the Website, the Services, and the data and materials made available on the Website and the Services (as those terms are defined below; collectively, the “ETL Properties”). For the express purpose of using the Services for your own personal or internal business needs, ETL therefore offers you a limited licence to replicate certain elements of ETL Properties, subject to the Terms. Your right to use any ETL Properties is constrained by the Terms, unless ETL expressly states differently in a different licence.
- Restrictions. The following limitations apply to the rights that are granted to you by the Terms: (a) You may not rent, lease, lend, sell, resell, upload, use, copy, reproduce, distribute, host, or otherwise commercially exploit ELT Properties or any portion of ELT Properties, including the Website. (b) You may not use any framing or other similar techniques to enclose any ELT trademark, logo, or other ELT Properties (including images, text, page layout, or form), or use any ELT Properties in any way that could mislead as to their origin, sponsorship, or affiliation. (c) You may not use any metatags or other types of “hidden text” that contain ELT’s name or trademarks. (d) Unless expressly prohibited by applicable law, you may not alter, translate, adapt, merge, create derivative works from, decompile, reverse-compile, or reverse-engineer any portion of the ELT Properties; (e) you may not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to access, monitor, copy, or otherwise use the website (f) You may not access ELT Properties in order to develop a similar or rival website, application, or service (with the exception that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website in order to and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);(g) Other than what is specifically permitted here, no part of the ELT Properties may be duplicated, copied, distributed, republished, downloaded, displayed, posted, or transmitted in any way; (h) You must not use the ELT Properties in a way that places an excessive or disproportionately large load on them; (i) You must not use the ELT Properties in a way that violates any applicable local, state, national, or international law, rule, regulation, or court order in connection with your use of them; (j) You may not use the ELT Properties for any other illegal or abusive activities, such as posting or disseminating any “harmful” or “malicious” code or programming tools (such as viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers, or other disabling devices), or violating any intellectual property rights (be they owned by ELT or third parties).(k) Any copyright notices or other proprietary designations present on or in ELT Properties may not be removed or destroyed. The Terms will apply to any upcoming ELT Properties release, upgrade, or other addition. All rights not expressly granted in the Terms are reserved by ELT, its suppliers, and service providers. The permissions granted by ELT in accordance with the Terms are terminated by any unlawful use of ELT Properties.Third-Party Content. You might have access to content that are hosted by another party as a member of ELT Properties. You acknowledge that ELT cannot censor these content and that you access them at your own risk.
- Setting Up Your Account. You might need to register as a user in order to access some features of ELT Properties. A user who has created an account on the Website (an “Account”) is referred to as a “Registered User” for the purposes of the Terms.
- Registration Data. When creating an account on the Website, you agree to (1) fill out the registration form with true, accurate, current, and complete information about yourself (the “Registration Data”), and (2) keep the Registration Data true, accurate, current, and complete by promptly updating it. You warrant that you are: (a) at least thirteen (13) years old; (b) of legal age to form a binding contract; and (c) not a person forbidden from using ELT Properties by the laws of The Netherlands, the jurisdiction in which you now reside, or any other applicable jurisdiction. All actions taken in connection with your Account are your responsibility. You commit to keeping an eye on your account to prevent children from using it, and you assume full responsibility for any misuse of ELT Properties by minors. ELT reserves the right to suspend or terminate your Account and deny any and all current or future use of ELT Properties (or any portion thereof) if you provide any information that is untrue, inaccurate, out-of-date, or incomplete, or if ELT has reasonable grounds to suspect that such information is untrue, inaccurate, out-of-date, or incomplete. You acknowledge and agree that you shall not register for an Account under a false name, using fraudulent information, or on behalf of another person. If ELT has previously removed you or banned you from using any ELT Properties, you promise not to create an Account or use ELT Properties.
- Responsibility for Content.
- Content Types. You agree that the owner of any files, materials, data, text, audio, video, pictures, or other content, including ELT Properties (“Content”), is solely responsible for it. This means that all Content that you upload, post, email, transmit, or otherwise make available through ELT Properties (“Make Available”) is solely your responsibility, and neither ELT nor any other user of ELT Properties is responsible in any way for any Content that you or any other user of ELT Properties (“User Content”).
- Not Required to Screen Content. You agree that ELT is under no duty to prescreen Content (including, but not limited to, User Content), but that it retains the right to do so in its sole discretion. You hereby give your unreserved assent to such monitoring by agreeing to the Terms. In relation to the transmission of Your Content, including without limitation chat, text, or voice communications, you acknowledge and agree that you have no expectation of privacy. You accept that ELT will do so for ELT’s benefit, not yours, if ELT prescreens, rejects, or removes any Content. Without limiting the aforementioned, ELT has the right to delete any Content that is offensive or violates the Terms.
- Property ELT. You acknowledge that ELT and its suppliers own all rights, titles, and interests in and to the ELT Properties (including, without limitation, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software), with the exception of any Content you may post and any Content that a user may post. Any copyright, trademark, service mark, or other property rights notices included in or accompanying the Website, the Services, or ELT Properties may not be removed, altered, or obscured by you.
- Trademarks. The trademarks of ELT, including ELT, and any associated graphics, logos, service marks, and trade names used on or in connection with ELT Properties or in connection with the Services, may not be used in connection with any third-party goods or services without ELT’s prior written consent. ELT Properties may contain additional trademarks, service marks, and trade names that are the property of their respective owners and may appear on or in them.
- Extra Content. You acknowledge that you do not own any of the rights to any Content that appears on or in ELT Properties, with the exception of any that you may publish.
- The right to use your content. You give ELT a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right and license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any content you may post (in whole or in part), for the operation and provision of ELT Properties to you and to our other users. This right and license includes any moral rights. Please keep in mind that any Content you upload to any “public” area of ELT Properties may be found, seen, used, modified, and reproduced by other users. You represent and warrant that the owner of any international intellectual property right, including moral rights, in any content you may upload has fully and irrevocably renounced all such rights, and that the waiver is both lawful and effective.You acknowledge that every Content that you post on or inside ELT Properties is your responsibility, not ELT’s.
- Feedback. You acknowledge that submitting any ideas, suggestions, documents, and/or proposals to ELT through its suggestion, feedback, wiki, forum, or similar pages (collectively, “Feedback”) is done at your own risk and that ELT is under no obligation to treat the Feedback in confidence. You affirm and guarantee that you own all essential permissions to submit the feedback. You hereby grant ELT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any way, whether for profit or not.
- Service Providers. ELT Properties may include affiliate links, other links, links to third-party websites, applications, and advertisements for third parties (collectively, “Third-Party Websites,” “Third-Party Applications,” and “Third-Party Ads”). We will not alert you that you have left ELT Properties and are now subject to the terms and conditions (including privacy policies) of another website or destination when you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad. ELT has no control over such Third-Party Websites, Third-Party Applications, or Third-Party Ads. Any third-party websites, third-party applications, or third-party advertisements are not the responsibility of ELT. These Third-Party Websites, Third-Party Applications, and Third-Party Ads are simply made available by ELT as a convenience.In relation to Third-Party Websites, Third-Party Applications, Third-Party Ads, or their goods or services, ELT does not examine, approve, monitor, endorse, warrant, or make any claims. All links on third-party websites, applications, and advertisements are used at the user’s own risk. Our Terms and conditions no longer apply after you leave our website. Before engaging in any transaction with a third party, you should evaluate the applicable terms and policies, including privacy and data gathering policies, of any Third-Party Websites or Third-Party Applications and conduct any necessary or suitable research. Please see our Affiliate Disclosure at https://earthlovingtraktaties.nl/affiliate-disclosure/ for more details about how we use affiliate links.
- Product Purchase Terms.
- Products. Some Products might only be obtainable online via the Website. There might be a limited supply of certain products. We have done all in our power to ensure that the colours and photos of our Products that show on the Website are as accurate as possible. We cannot guarantee that any colour you see on your computer screen is accurately represented. We reserve the right, but are under no obligation, to restrict the sales of our Products to any individual, group of people, or area of the world. On a case-by-case basis, we may use this right. Any Product that we offer may have a quantity cap, which we reserve the right to impose. All Product descriptions and prices are subject to change at any moment and without prior notice at our sole discretion. We hold the right to stop at any time.
- Payment details. By giving ELT your payment and financial information, you agree that no further notice or permission is necessary and that ELT, its service providers (such as Edwic), and any of their third party payment processors are authorised to immediately charge your account for all applicable fees and charges. ELT maintains the right to alter its costs and payment options at any time. You are required to give correct, full, and up-to-date information at all times. You AGREE AND REPRESENT THAT ANY PAYMENT CARD(S), PAYMENT MEANS, OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE IS ACCESSIBLE TO YOU LEGALLY.
- Orders. Any order you place with us may be rejected by us at our discretion. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. If your order is modified or canceled, we may attempt to reach you by phone, email, and/or the billing address/phone number you provided when placing the transaction. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.
- Cancellations. ELT maintains the right, in its sole discretion, to cancel or reverse any payment due to any mistake or error, including any pricing, description, or other error, even if ELT has already verified the transaction. ELT reserves the right to decline any order for any reason, including in the following circumstances, even though it is doubtful that ELT will do so: (i) orders that cannot be processed due to incorrect information you have provided, such as incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (ii) suspected fraudulent information; (iii) insufficient information or errors in billing, payment, and/or shipping information; or (iv) the inaccessibility of a product due to its discontinuation or another reason. ELT retains the right to cancel your order and issue you a refund for the purchase price of the Product in the event that any Product is discontinued or otherwise becomes unavailable prior to delivery. ELT will make touch with you if this happens to let you know what’s going on. Any suspected resale of Products for personal or commercial gain is strictly banned in order to safeguard the intellectual property rights of ELT and its suppliers and licensors. ELT will not accept any orders that are thought to have traits of resale. Any further orders from a customer who has been suspected of reselling may be cancelled by ELT.
- Title and risk transfer. When we deliver the product to the carrier, the risk of loss passes to you, and you are then liable for any loss or damage to the product that occurs after that. You acknowledge that you are accountable for filing claims against a carrier for shipping-related damage.
- Refund Procedure. EVERY SALE IS FINAL. ELT doesn’t accept product exchanges, refunds, or returns. Please be aware that ELT, LLC retains the right to reject any returns.
- Price modifications. We do not give price matches or sale adjustments if we (or a particular competitor) lower the price of an item you’ve already bought.
6. Indemnification. You agree to defend, indemnify, and hold harmless ELT, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “ELT Parties”) from any losses, damages, liabilities, and costs (including reasonable attorneys’ fees) relating to or arising from: (a) any content you may post; (b) your use of, or inability to use, ELT Properties; (c) your violation of the ELT reserves the right to take the sole defence and control of any matter that might otherwise be subject to indemnification by you at your expense. In this case, you will fully assist ELT in establishing any defences that may be appropriate.This clause exempts you from having to compensate any of the ELT Parties for any unethical business practices on their part or for any misrepresentations they may have made regarding the Website or any Services under this clause, such as when they lied about something or made a false promise. You acknowledge that this section’s provisions will remain in effect even if your Account, the Terms, or your access to ELT Properties are terminated.
7. Disclaimer of Warranties and Conditions.
- As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ELT PROPERTIES IS AT YOUR SOLE RISK AND THAT ELT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE, ELT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
- ELT PARTIES DO NOT PROMISE OR REPRESENT THAT: (1) ELT PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ELT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ELT PROPERTIES WILL BE ACCURACY OR RELIABLE.
- You are solely responsible for any loss that arises from accessing such content, as well as any damage to your property, including but not limited to your computer system and any device you use to access ELT Properties. Any content accessed through ELT Properties is accessed at your own risk.
- THE SERVICES COULD BE SUSPENDED, CANCELLED, OR OTHERWISE DISRUPTED. With regard to services, including but not limited to the quality, effectiveness, reputation, and other characteristics of services, ELT MAKES NO WARRANTY, REPRESENTATION, OR CONDITION.
- ADVICE OR INFORMATION OBTAINED FROM ELT OR THROUGH ELT PROPERTIES, WHETHER ORAL OR WRITTEN, SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Zero Responsibility for Content. THE SERVICE CONTAINS ELT’S AND ITS USERS’ OPINIONS AND VIEWS. The accuracy, efficacy, or veracity of any content posted by ELT or any of its users and made accessible through the service are not endorsed, guaranteed, or taken into account by ELT.
- No responsibility for actions or products of third parties. YOU AGREE THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU AND THAT YOU WILL NOT SEEK TO HOLD ELT PARTIES LIABLE FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES.
- No Responsibility for User Behavior. ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF ELT PROPERTIES ARE YOUR SOLE RESPONSIBILITY. You are aware that ELT makes no attempt to independently verify the claims made by users of our properties.
8. Limitation of Liability.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT ELT PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ELT PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF: You are responsible for the following: 1) the use or inability to use ELT properties; 2) the cost of purchasing substitute goods or services resulting from any goods, data, information, or services obtained or messages received for transactions entered into through ELT properties; 3) unauthorized access to or alteration of your transmissions or data; 4) statements or conduct of ELT or any third party on ELT properties; or (5) any other matter relating to ELT properties, whether legal or not. The aforementioned limitation of liability shall not apply to a party’s liability for (A) death or personal injury brought on by that party’s negligence; or (B) any injury brought on by that party’s fraud or fraudulent misrepresentation. ELT DOES NOT IN ANY WAY TRY TO DISCLAIMS OR LIMIT ITS LIABILITY FOR (A) DEATH OR PERSONAL INJURY DUE TO ELT’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE DISCLAIMED OR LIMITED BY ENGLISH OR EU LAW.
- Liability Cap. UNDER NO CIRCUMSTANCES WILL ELT PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO ELT by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. The aforementioned limitation of liability shall not apply to a party’s liability for (A) death or personal injury brought on by that party’s negligence; or (B) any injury brought on by that party’s fraud or fraudulent misrepresentation.
- Basis for the Agreement. THE ABOVE-STATED LIMITATIONS OF DAMAGES FORM A ESSENTIAL PART OF THE BASIS OF THE AGREEMENT BETWEEN ELT AND YOU.
9. Treatments. ELT reserves the right to look into any alleged Terms violations by you if it comes to its attention. If the investigation reveals that ELT thinks criminal behavior has taken place, ELT reserves the right to contact and work with any and all relevant legal authorities. Except where expressly forbidden by applicable law, ELT is free to disclose any information or materials it has in its control regarding your use of ELT Properties, including any content you may upload. According to ELT, in its sole discretion, it may be necessary or appropriate to: (1) obey all applicable laws, rules, and legal process; (2) enforce the Terms; (3) respond to any claims that any content you may post violates the rights of third parties; (4) attend to your customer service requests; or (5) protect the rights, property, or personal safety of ELT, its users, the public, and all law enforcement or other government officials.
10. Terms and Termination.
- Term. Unless they are terminated earlier in accordance with the Terms, the Terms are effective as of the date you accept them (as stated in the preamble above) and continue to be in full force and effect while you use ELT Properties.
- ELT has terminated his services. ELT reserves the right to suspend or terminate any Services offered to you immediately and without prior notice if timely payment cannot be charged to your Payment Provider for any reason, if you have materially violated any term of the Terms, if you have violated any provision of the Terms materially, or if ELT is required to act by law (for instance, if the provision of the Website or the Services is or becomes unlawful). ELT maintains the right to deny service, prohibit access to the ELT Properties, or cancel access to the ELT Properties altogether for any reason or no reason at all, at any time, and with or without prior notice to you. Your continued use of the ELT Properties may also be in jeopardy if you violate these terms, and your orders may be cancelled, among other repercussions. You acknowledge that ELT has the exclusive authority to terminate your Account for any reason, and that ELT will not be liable to you or any other person in the event that your Account is terminated.
- Service Termination by You. You can stop using ELT’s services at any time by (a) contacting the company and (b) cancelling your Account for all of the Services you have been using. You must give ELT written notification at the address provided below.
- Finality’s effects. Any service that has been terminated will have access to it removed and will no longer be usable. The deletion of your password, any related data, files, and content connected to or contained in your Account (or any portion thereof) as well as any content you might have posted are also included in the termination of all Services. Your right to use any Service upon termination of such Service shall automatically expire. You are aware that if the Services are terminated, any content you may have posted in connection therewith may be deleted from our active databases. ELT won’t be held responsible in any way for any suspension or termination, including the removal of any content you may have posted. All Terms provisions, including without limitation those relating to ownership, warranty disclaimers, and liability limitations, which by their nature should endure, shall endure termination of the Services.
11. International Users. The ELT Properties are accessible from all around the world and may make references to Services and Content that aren’t offered there. These allusions do not suggest that ELT plans to introduce these Services or Content in your nation. From its facilities in The Netherlands, ELT controls and provides ELT Properties. ELT does not imply that ELT Properties are suitable or readily available for usage in other places. Users from other nations that access or use ELT Properties do so on their own initiative and are in charge of adhering to local laws.
12. Resolution of Conflict. Please pay close attention to the accompanying arbitration agreement (“Arbitration Agreement”) in this section. It restricts how you can get help from us and forces you to arbitrate problems with ELT.
- The Arbitration Agreement’s Applicability. Except for the following two exceptions: (1) you may bring claims in small claims court if your claims qualify; and (2) you or ELT may seek equitable relief in court for infringement or other misappropriation of intellectual property rights (such as trademark infringement or other similar violations). You agree that any dispute or claim relating in any way to your access or use of the website, to any products sold or distributed through the website, or to any aspect of your relationship with ELT, will be resolved by binding arbitration rather than in All claims that arose or were asserted prior to the Effective Date of this Agreement or any previous version of this Arbitration Agreement shall be subject to this Arbitration Agreement, without limitation.
- Arbitration Rules and Forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13. General Provisions.
- Digital communications. Whether you visit ELT Properties, send ELT emails, or if ELT posts notices on ELT Properties or contacts you via our contact form, all conversations between you and ELT take place online. For purposes of this Agreement, you hereby: (i) consent to receive communications from ELT in an electronic format; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ELT provides to you electronically (including without limitation electronic mail) satisfy any legal requirement that such communications be in writing. Your statutory rights are unaffected by the aforementioned.
- Release. By using ELT Properties, including but not limited to any interactions with or behaviour of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of ELT Properties, you hereby release ELT Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage. The aforementioned release does not apply to any claims, demands, losses, damages, rights, or actions of any sort, including bodily harm, wrongful death, or property damage resulting from any unethical business practices by a ELT Party or for that party’s dishonesty, fraud, false promise, or other deceit.
- Assignment. Without ELT’s prior written agreement, you may not assign, subcontract, delegate, or otherwise transfer the Terms or your rights and responsibilities hereunder. Any unauthorised assignment, subcontract, delegation, or transfer will be void.
- Powers That Be. Any delay or failure to perform caused by events beyond ELT’s reasonable control—such as, but not limited to, natural disasters, war, terrorism, riots, embargoes, actions by civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation infrastructure, fuel, energy, labour, or materials—shall not subject ELT to liability. ELT will contact you as soon as reasonably possible to notify you if a Force Majeure event prevents it from carrying out its obligations under these Terms. If such an event does occur, ELT’s obligations under these Terms will also be suspended and the time frame for performing those obligations will be extended for the duration of the Force Majeure event. If a Force Majeure occurrence has affected the Services, you may cancel them.
- Questions, grievances, and claims. Please email via our contact form https://earthlovingtraktaties.nl/contact/ if you have any inquiries, grievances, or claims regarding ELT Properties. We’ll try our best to allay your worries. We kindly ask for your feedback so that we can conduct additional research if you feel that your concerns have not been fully addressed.
- Exclusive Location. You and ELT agree that all claims and disputes arising out of or connected to the Agreement will be resolved exclusively in the state or federal courts located in Amsterdam, Netherlands, to the extent the parties are permitted under this Agreement to commence litigation in a court.
- Law and jurisdiction that will apply. Without regard to any considerations that call for the application of the law of another country, the Terms and any action linked to them shall be governed and construed in accordance with the KVK, Chamber of Commerce in The Netherlands Each party hereby irrevocably consents that any dispute or claim arising out of or related to these Terms or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts located in The Netherlands.
- Please take note that you are responsible for providing ELT with your most up-to-date email address whenever ELT requests it. If the most recent email address you gave ELT is invalid or for any other reason is unable to send you any notices required or permitted under the Terms, ELT’s sending of the email containing such notice will still count as effective notice. If email notice is permitted, you can notify ELT via our contact form https://earthlovingtraktaties.nl/contact/.
- Waiver. Any waiver or failure to enforce any term of the Terms on one occasion shall not constitute a waiver of such term or of such term on any subsequent occasion.
- Severability. If any part of this agreement is found to be invalid or unenforceable, the remaining parts will still be fully enforceable and will be construed to represent the parties’ original intentions as closely as feasible.
- Export Control. You may not use, export, import, or transfer ELT Properties except as authorised by the law in the Netherlands of the laws of the jurisdiction in which you obtained ELT Properties, and any other applicable laws.
- Consumer Complaints. If you have a complaint write to us through our contact form https://earthlovingtraktaties.nl/contact/
- Complete Agreement. The Terms supersede and consolidate all earlier talks between the parties with regard to the subject matter hereof and represent the parties’ entire, final agreement with respect to that subject matter.