Terms & Conditions of Use 
for www.swarm-organisation.com
Swarm Organisation TM | Logo I.jpg

Date: Februari, 2020

These terms & conditions of use govern your use of swarm-organisation.com. They are part of your contract with us to use our website and services. By using our website, you automatically agree to these terms & conditions of use. Please do not register, subscribe or use our website if you disagree with these terms & conditions of use. We determine that you must be at least 15 years of age to use our website.

Dutch (Nederlands) is the official text of the website. A translation to any other language is not binding and shall have no legal effect for any purpose.

Our website may use cookies. If you accept these cookies, you also agree to our terms & conditions of use, in accordance with our Privacy Policy.

Please note that these terms & conditions of use may be amended every now and then. These changes will be posted on our website. By using the website, you confirm that you accept the then current terms & conditions of use.

Memberships & accounts

You can access most of our website without creating an account, but if you wish to view or use certain content or services, you may be required to create one. In such case we will ask you for some personal information. This information will be subject to our Privacy Policy.

If you create an account with us you are required to create a password. You must keep this password confidential at all time and not share it with anyone. If you detect any anomaly on your account we request you to contact us immediately via info@swarm-organisation.com.

If we suspect a breach of security, or misuse of our website through your account, we will require you to change your password. We may also decide to suspend your account until your password is changed and/or we have reactivated your account.

We presume that all supplied personal information is complete, accurate and up to date. We may use this information to contact you.

We only allow one account per person on our website. We have the right to delete or cancel the account of any person who in our opinion possesses more than one account or for any reason we believe is detrimental to us.

The Swarm Scan TM

On our website you may make use of the Swarm Scan TM. We will analyse the results of your Swarm Scan TM after which you will receive the results by e-mail. We may also record and use your answers and results for research purposes and improvement of the Swarm Scan TM tool. Any decisions you take, based on these results, are at your discretion and responsibility alone. We will never be liable for the consequences of any such decisions.

Intellectual property rights

Swarm Organisation B.V. is the exclusive owner of all intellectual property rights and materials on our website, including but not limited to trademarks, copyrights, goodwill, know-how, software and all other imaginable related intellectual property rights. As website user you are allowed to view and use the site, download for caching only and print pages from the website for your own personal use. But as user you also have restrictions and these are set out below and in other parts of this terms and conditions of use agreement. Without prior consent from us you are not allowed to:

  • Copy, reproduce, translate, (re-)publicise, redistribute or reverse engineer anything in any form from our website. 

  • (Re-)sell, rent or sub-license anything in any form from our website. Nor (re-) communicate anything in any form from our website to the public.

  • Use anything in any form from our website for a commercial purpose.

Prohibited use of our website

We don’t allow you to use our website for any of the following:

  • Spread information that is incorrect, misleading, offensive, abusive, obscene, harassing, sexually oriented, threatening or racially offensive, and/or suggest, express or implied, that any of your statements are endorsed by us.

  • Anything that involves illegal or unlawful activities, bullying, threatening, intimidation or impersonation of other users.

  • Disabling, damaging or impairing the proper working of our website, nor copy, store or distribute any material which in any imaginable way is related to a computer virus or any other imaginable malicious computer software.

  • Without our explicit written consent, collect any data from our website in any imaginable way. You will not infringe on the rights of any of the digital products that we sell through the website.

  • Without our explicit written consent, spread unsolicited commercial communications or use our website for any purposes related to marketing.

At any time you are, and will stay, solely responsible for any content that you communicate to other users or publish on our website.

Content created by users

Users are given the possibility to post content on our website e.g. blogs, comments or subject discussions. At all time we reserve the right to remove content from the website for any reason we deem appropriate. If you publish any content on our website you confirm that:

  • You strictly comply with the terms and conditions as stated in the section “Prohibited use of the website”.

  • You are the sole author of the content and own the intellectual property rights of the content.

 

At any time you are, and will remain, personally responsible and liable for any content that you publish on our website. You concur that you remain liable for any claims arising from your content and that you will indemnify us for any material and immaterial consequences thereof.

By posting content on our website, your content will instantly become the sole property of Swarm Organisation B.V. Submissions of ideas for additions or improvements of the website or our materials, will automatically become our property. Swarm Organisation B.V. is not obliged to compensate you in any way or form for the posted content or provided ideas.

Infringements

If you are of the opinion that certain content on our website infringes on intellectual property rights you own, you should notify us immediately by email (info@swarm-organisation.com) including the following:

  • The content that you believe is infringing on intellectual property rights, the reasons why you believe the content is infringing and the exact URL at which the infringing content appears.

  • Your full name and contact details, telephone number and e-mail address.

Unsolicited feedback

We welcome your feedback, but we are not obliged to use or recognise the content of your feedback. Our website content or business strategies might seem similar to feedback have you submitted. In such case we will always consider it a pure coincidence and presume we were working on similar ideas. Unsolicited feedback will never create a confidential relationship or obligation of secrecy between you and us. Everything you submit will be considered non-confidential and non-proprietary.

No warranties

Our website is provided on an ‘as is’ basis. We do not warrant the accuracy of the information published on this website. We also do not ensure that our website is up to date at all times or remains available. We reserve the right to suspend the website when we deem this convenient or necessary. All information, presentations and services are for informational purposes only.

Limitation of liability

Everything you can find on our website, being explicit or implied, material or immaterial, is solely intended for informational purposes. We emphasize that our website should never be used by you for business purposes, in any way. Any conclusion drawn, decisions made, actions taken or consequences experienced by you, on the basis of information provided on or via our website are at your sole risk and discretion. We will not be liable for any negative result that is brought in connection with the use of our website.

Indemnification

You indemnify us against any costs, expense or settlement of a claim arising out of any breach by you of any provision of these terms & conditions of use.

Breach of these terms & conditions of use

If you breach these terms & conditions of use in any way, we may take such action as we deem appropriate to deal with the breach.

Assignment

Under these terms & conditions of use we may transfer, sub-contract or otherwise deal with our rights or obligations without notifying you or obtaining your consent. Under these terms & conditions of use you may not transfer, sub-contract or otherwise deal with your rights or obligations.

Unlawful or Unenforceable

In case a court or other competent authority determines that a provision in these terms & conditions of use is unlawful or unenforceable, all other provisions will continue in effect. In such case only the unlawful or unenforceable part of such provision will be deemed to be deleted, and the rest of the provision will continue in effect.

Changes

These terms & conditions of use may change every now and then. Such revised terms & conditions of use will apply to the use of the website from the date of publication.

No third-party rights

These terms & conditions of use shall only benefit you (the user) and us. Any involvement or interaction of any third party for any purpose or reason is explicitly excluded.

The full agreement

These terms & conditions of use, together with our privacy policy, form the full agreement between you and us, relative to your use of our website.

Applicable law

These terms & conditions of use are governed by The Laws of the Netherlands. Any disputes will fall under the exclusive jurisdiction of the courts of the Kingdom of the Netherlands.

Company contact information

The name of our company is Swarm Organisation B.V.

We are registered on the Island of Bonaire CN.

Our official registered address is Kaya International 118-3, Kralendijk

You may address complaints or concerns to us via e-mail at info@swarm-organisation.com.