Cybermarqt-

1. THE WEBSITE

The Website offers a global online platform for cyber security services that allow users to search for cyber security solutions and connect with providers and customers worldwide.

2. ACCESS AND USE OF THE WEBSITE

This Website and its contents are provided ‘as-available’ and Cybermarqt makes no representations nor warranties with respect to the Website or any related websites or services accessible through it. Access to and use of the Website is at your own risk. Cybermarqt does not represent that content available on or through its Website is appropriate or available outside of the Netherlands. Cybermarqt may limit the availability of the Website and its content to any person or geographic area at any time at its own discretion.

Cybermarqt does not guarantee that the Website, or any content on it, will always be available or uninterrupted. Cybermarqt may suspend, withdraw, discontinue or change all or any part of the Website without notice. Cybermarqt does not guarantee the security of the website against unauthorized or unlawful access or use. Cybermarqt will not be liable to you if for any reason the Website is unavailable at any time or for any period.

3. REGISTRATION FOR CONTENT WITH RESTRICTED ACCESS

In order to access certain content on the Website, you need to register with Cybermarqt. If you do register, Cybermarqt will ask you to provide personal details such as your official full name, address, e-mail address and other personal data.
To register an account:

1. You can create an account or otherwise register on the Website. Cybermarqt reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
2. You are not allowed to choose usernames that may infringe trademarks.
3. Your login details are strictly personal and must not be disclosed to third parties. You are responsible for your login details, even in case this is done without your knowledge.
4. You shall immediately alert Cybermarqt in case you suspect that your login details are known by an unauthorized third party or in the event of irregularities.
5. You shall not be allowed to register or manage an account (again) after Cybermarqt has denied your request to create an account or after cancellation of the registration.
6. You are responsible for the accuracy of the data in your account.

4. MEMBERSHIP

4.1   A “Guest” is considered as a non-registered visitor of the Website and can access certain parts of the Website for free. Without a membership registration, access to the content and features of the Website will be limited and at the discretion of Cybermarqt.

4.2   Members of Cybermarqt can access certain parts of the website for which you need to register with Cybermarqt. To become a “Member” you will need to register and subscribe for such services. There are different types of membership subscriptions available with Cybermarqt for Customers and Providers.

4.2.1   Free subscription – With a free subscription, you will be able to access such content on the Website which is free of charge. Access to the content and features will be limited and at the discretion of Cybermarqt.

4.2.2   Paid subscription – In addition with the functions mentioned in 4.2.1, the paid plans includes extra features. You will be able to access such content on the Website ‘as-available’ once you have paid the annual subscription fee upfront and in full. The Premium features of Cybermarqt, including but not limited to, provides access to matching services, Cybermarqt’s reputation system whereby you can leave a review and/or access other users’ review, etc. Premium features are available on the Website at a fee and only accessible for Paid Members.

The memberships and prices may be changed by Cybermarqt at any time subject to 30 days’ notice which will be sent to you by email if you have registered an account on our Website.

5. PAYMENT

Except where agreed otherwise, all prices are in euros (€). The payment of the subscription fee and other services shall be in Euros without set off, withholding or counterclaim to the bank account specified in Cybermarqt’s invoice. Euro shall mean the common currency in the European Union and place of payment shall be the Netherlands.

All payments will be made under the applicable fees and taxes and to additional terms specific to the paid Services Cybermarqt uses.

Accepted payment methods are: Bank Transfer.

6. TERMINATION

After one (1) year, your subscription will be automatically extended with one (1) month, unless you terminate your subscription by giving Cybermarqt one (1) month prior written notice, notifying Cybermarqt at support@cybermarqt.com.

Under certain circumstances, Cybermarqt may terminate your membership on an earlier notice.

Accounts will be terminated at all times, if you abuse the Cybermarqt services.

Cybermarqt does not guarantee any refunds.

7. YOUR OBLIGATIONS

As a user of the Website you have certain obligations.

1. You must only use this Website and any of its contents for lawful purposes.
2. You must not misuse the Website by introducing material which is malicious or technologically harmful, like viruses, spyware, worms, etc. You must not attempt to gain or gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will commit a criminal offence under Article 138a and Article 138b of the Dutch Penal Code, as amended, and all other applicable laws and Cybermarqt will report any such breach to the relevant authorities and will co-operate with those authorities by disclosing your identity to them. Your right to use the Website shall cease immediately upon any such breach.
3. You are responsible for proper use and security of any passwords and for backing up and securing your content. Where you have chosen a password, which enables you to access certain parts of the Website, you are responsible for keeping this password safe and confidential. You must not disclose this information to any third party nor share your account with any third party.
4. You shall not link to the Website for any purpose that is unfair or unlawful, or in a way which damages or takes advantage of Cybermarqt’s reputation or the reputation of other users of the Website, or in a way which suggests any form of association with, or approval or endorsement by, Cybermarqt or any other user of the Website, where none exists.
5. If you contact other users of the Website, you must only do so in accordance with all applicable laws, regulations or any obligations on your part.

8. UPLOADING CONTENT TO THE WEBSITE

As a Member of the Website you are able to upload content on the Website.

1. By uploading content on the Website, you agreed that Cybermarqt may share your content on the Website, make it available publicly and make it available to other users.
2. Whenever you upload any content to the Website, you must only do so in accordance with all applicable laws, regulations or any obligations on your part.
3. You are solely responsible for any content that you upload to the Website and you will be liable to Cybermarqt and indemnify Cybermarqt for any losses Cybermarqt suffers in respect of any such content. This means that you will be responsible for any loss or damage Cybermarqt suffers as a result of the content you upload to the Website (for example, if you have done so in breach of a confidentiality undertaking, or if the content is intellectual property you do not own or have permission to use).
4. If any content is found to be a copyright infringement, Cybermarqt will respond to any takedown notices received and may take down the content.
5. Cybermarqt has the right to disclose your identity to any third party who is claiming that any content posted by you to the Website constitutes a violation of their intellectual property rights or their right to privacy.
6. Cybermarqt has the right to repost content you publish on the home page of the Website if Cybermarqt considers that such items may be of general interest to other users of the Website.
7. Cybermarqt has the right to filter and remove any post or upload you make on our Website if, in our opinion, it does not comply with clause 8.2.
8. The views expressed by other users of the Website do not represent Cybermarqt’s views or values.

9. INTELLECTUAL PROPERTY RIGHTS

1. Any intellectual property in content posted or uploaded on the Website (including, but not limited to, any trademarks, graphics or logos) is owned or licensed by Cybermarqt or by the party submitting such content. Nothing in these terms acts to transfer the intellectual property rights of one party to another party.
2. Your use of the Website and its content does not grant you any rights to Cybermarqt’s intellectual property or the intellectual property of third parties on the Website and its content.
3. Other than as expressly permitted, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on Cybermarqt’s Website or the computer codes of elements comprising it. Any use other than that permitted under these terms may only be undertaken with our prior consent in writing.
4. If you post or upload any content to the Website, you warrant that you have all necessary approvals, consents or licenses to use the content in such manner.
5. Any content posted or uploaded to the Website will be considered non-confidential. Whilst you retain all ownership rights in your content, you grant to Cybermarqt a non-exclusive, royalty free, worldwide, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform such content for the purposes of running and maintaining the Website.
6. Any content posted or uploaded to the Website will be considered non-confidential. Whilst you retain all ownership rights in your content, you grant to Cybermarqt a non-exclusive, royalty free, worldwide, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform such content for the purposes of running and maintaining the Website.

10. DISCLAIMER

1. CYBERMARQT EXPRESSLY DISCLAIMS ALL SPECIFIC AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT AND FOR NO REASON CAN CYBERMARQT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE OR ANY WEBSITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.
2. CYBERMARQT MAY UPDATE THIS WEBSITE FROM TIME TO TIME AND MAY CHANGE THE CONTENT AT ANY TIME. PLEASE NOTE THAT ANY OF THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND CYBERMARQT IS UNDER NO OBLIGATION TO UPDATE IT. CYBERMARQT DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENTS ARE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. NOTHING ON THE WEBSITE SHALL ACT AS A RECOMMENDATION OR ENDORSEMENT OF ANY PARTY AND CYBERMARQT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF ANY CONTENTS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR CONTENT.
4. THIS WEBSITE MAY CONTAIN LINKS TO AND FROM THIRD PARTY WEBSITES, SUCH AS THE WEBSITES OF THIRD PARTY SUPPLIERS OF CYBER SECURITY SERVICES, ADVERTISERS AND AFFILIATES. THESE LINKS ARE PROVIDED FOR INFORMATION ONLY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERMARQT DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR SUCH WEBSITES OR THEIR POLICIES, FOR ANY MATERIALS OR INFORMATION AVAILABLE ON THOSE WEBSITES, OR FOR YOUR USE OF THOSE WEBSITES. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY CYBERMARQT OF THOSE LINKED WEBSITES. IF YOU FOLLOW A LINK TO ANY OF SUCH WEBSITES, PLEASE NOTE THAT THE WEBSITES AND ANY SERVICES AND/OR GOODS THAT MAY BE ACCESSIBLE THROUGH THEM HAVE THEIR OWN GENERAL TERMS AND CONDITIONS AND PRIVACY POLICIES. PLEASE CHECK THEIR POLICIES BEFORE YOU USE THEIR SERVICES AND SUBMIT ANY PERSONAL DATA TO THESE WEBSITES.
5. IF YOU CHOOSE TO INTERACT WITH THE THIRD PARTIES MADE AVAILABLE THROUGH THIS WEBSITE, SUCH PARTY’S TERM WILL GOVERN THEIR RELATIONSHIP WITH YOU. CYBERMARQT IS NOT RESPONSIBLE OR LIABLE FOR SUCH THIRD PARTIES’ TERMS OR ACTIONS.

11. FORCE MAJEURE

For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of Cybermarqt. Events of Force Majeure shall include, but not limited to:

1. War, hostilities, invasion, act of foreign enemies, mobilization, requisition, or embargo;
2. Rebellion, revolution, insurrection, or military or usurped power, or civil war;
3. Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
4. Riots, strikes, go slows, lock outs or disorder;
5. Acts or threats of terrorism;
6. Discontinuation of electricity supply not covered by this Agreement;
7. Acts of God;
8. Other unforeseeable circumstances beyond the control of Cybermarqt against which it would have been unreasonable for Cybermarqt to take precautions and which Cybermarqt cannot avoid even by using its best efforts.

12. LIMITATION OF LIABILITY

This clause sets out Cybermarqt’s entire financial liability (including any liability for the acts or omissions or its employees, contributors, consultants and sub-contractors) to you in relation to the Website.

12.1   To the extent permitted by law, Cybermarqt excludes all conditions, warranties, representations or other terms which may apply to its Website or any content on it, whether express or implied.

12.2   Cybermarqt shall have no liability to you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, evenif foreseeable, arising in connection with the performance of these terms and conditions, your use of the Website or your reliance on any content displayed on the Website.

12.3   In particular, Cybermarqt will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Cybermarqt’s Website or your downloading of any content on it or on any websites linked to it.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1   This website is controlled by Cybermarqt, The Netherlands. By accessing and using our website, you agree that the laws of The Netherlands, apply to all matters relating to the use of our website.

13.2   Any “Dispute”, meaning any dispute, controversy or claim in connection with or arising out of this Agreement or its subject matter whether in tort, contract, under statute or otherwise, including but not limited to, any questions regarding its existence, validity, interpretation, breach or termination shall be finally settled by an Arbitration Court.

14. GENERAL

• If any part of these terms is held unlawful or unenforceable that part shall be struck out and the remaining terms shall remain in effect.
• Cybermarqt’s failure to exercise or enforce any right or provision of these GTCs shall not constitute a waiver of such right or provision.

15. CONTACT

If you have any questions, comments and requests regarding these terms and conditions, you can contact us at:

Cybermarqt B.V.
WTC The Hague Business Center
Prinses Margrietplantsoen 33
2595 AM the Hague
Email: support@cybermarqt.com
Company Registration Number: 71361987 (Dutch Chamber of Commerce)