Disclaimer

Terms of Use (last amended 01/04/2016)
Welcome to the Tuinch website (the "Website"). The Website is the property of and is operated by TUINCH - V.V. invest bvba, with its registered office in Hoogstraten(Wortel) – Belgium, VAT number BE0870.694.863 (hereinafter “Tuinch”, “we”, “us” or “our”). We invite you to carefully review these Website terms of use ("Terms of Use") before continuing to access or using the Website. These Terms of Use apply to all visitors to, or users of, the Website.
By accessing or using the Website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not accept these Terms of Use, do not use this Website. We reserve the right to terminate or suspend your access or use of the Website if either: (a) we reasonably consider that you have breached these Terms of Use, or (b) we consider it necessary to do so for security purposes.

Proprietary Content
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, text, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written and other materials that appear as part of the Website (collectively, "Content") is owned by Tuinch and/or its licensors. All Content is protected by applicable intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.

Trade marks and Logos
All trademarks, trade names, logos, brand names and product names included on the Website ("Trade Marks") are the exclusive property of Tuinch or of their respective companies. These Terms of Use do not allow you to use the Trade Marks and we remind you that the use of the Trade Marks in any manner is strictly prohibited.

Our Products
From time to time, we may modify, vary or withdraw (on either a permanent or temporary basis) some of the products and services and/or the features and specifications of those products and services, that are displayed on or made available to you through the Website, or make changes to the applicable prices for any such product or services, without notice. Our Terms of Sale also address the circumstances in which we may make changes to and/or withdraw products sold by us through the Website. You can read our current Terms of Sale at www.tuinch.com.

Although we will make any reasonable efforts to ensure that the information accessible on the Website is accurate and constantly up-to-date, to the maximum extent permitted by applicable law, we make no representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including but not limited to products description, pricing and/or availability on the Website. The inclusion of any products or services on the Website does not imply, warrant or guarantee that these products or services will be available through the Website if you wish to place an order for such products and/or use such services at any particular time. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Website. However, the actual color you will see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors.

Your Use of the Website
You are permitted to use the Website and the Content for your personal and non-commercial use only and always in compliance with these Terms of Use. Except as permitted by applicable law, you may not and may not permit, assist or allow any third party to (i) copy, reproduce, publish, transmit, distribute, broadcast, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Content, including but not limited to mirroring, framing or linking, to any other computer, server, web site or (ii) access or use this Website or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own website.

You may not use any deep-link, page-scrape, robot, spider or any other automatic or manual processes to access, acquire, copy or monitor the Website or the Content or any portion thereof, or in any way reproduce the structure or presentation of the Website or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not attempt to access any portion or feature of the Website you are not allowed to without authorization, or any other systems or networks connected to the Website or any Tuinch server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account as below defined at any time without the express permission and consent of the holder of that password or Account.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer, or exploit the Website or any service or information made available or offered by or through the Website, nor use the Website or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Tuinch or others.

You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

Registration and Account
Certain services or features offered on or through the Website may require you to register and open an account (“Account”). If you would like to create an Account, you will need to provide an e-mail address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. You will be responsible for all activities that occur under your Account (including but not limited to any purchases of our merchandise made through your Account) unless you notify us that your Account is being used by a third party without your consent. Tuinch cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We may terminate your Account, at any time, and without prior notice to you if: (a) we reasonably believe that you are using your Account in breach of these Terms of Use, (b) we reasonably believe that a third party is using your Account without your consent, or (c) we need to terminate or suspend your Account for security or maintenance purposes.

Feedback and other Communications
Any feedback, comments, suggestions, ideas and/or other information (except for your personal information) (collectively, "Communications") that you submit to the Website shall be deemed non-confidential. We reserve the right to use such Communication on an unrestricted basis, including but not limited to copy, reproduce, publish, transmit, distribute, broadcast, display, post, modify, translate, incorporate in other materials and commercially exploit it in any other way. Tuinch shall have the unlimited right to use any ideas, concepts, know-how, or techniques contained in any Communications you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Tuinch discourages you from sending us any information that you consider to be confidential or proprietary through the Website.

Disclaimer
The use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content and Websites. Tuinch takes all reasonable measures necessary to try to ensure that the Website and the Content are free from viruses and defects but cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. Further, Tuinch does not warrant that the Website or any Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results.

The Website and the Content are delivered on an “AS-IS” and “AS-AVAILABLE” basis. To the maximum extent permitted by applicable law, Tuinch disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose. Tuinch disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

Limitation of Liability
To the maximum extent permitted by applicable law, Tuinch shall in no event be liable to you or anyone else for any damage arising out of use of the Website and/or the Content or any information contained on or the products sold through the Website, including without limitation, liability for (a) any loss of or corruption to data, (b) loss of or damage to your Equipment, (c) any loss or damage which was not foreseeable by both you and by us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Nothing in these Terms of Use excludes or limits our liability to you for fraud or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.