Terms & Conditions

Article 1.

Listing Service Brandguider

Brandguider provides internet users with a search engine of selling points of non-food retail products, via a website and/or mobile device application(s). Brandguider offers related companies (each a "Store") the possibility to register and upload the brands that are sold in the respective store into the database of Brandguider ("Database") for incorporation in the search engine ("Listing Service").

Article 2.

Objective

The objective of these Terms and Conditions is to define the respective rights and obligations of the Store and Brandguider in relation to the Listing Service. It is the Store’s responsibility to read and understand the Terms & Conditions. The Terms and Conditions shall take priority over all other terms and conditions and in particular any established by the Store.

Article 3.

No Charge Policy

The Listing Service of Brandguider is free of charge for a minimum free trial period of six months after registration. After expiry of the free trial period the Listing Service of Brandguider remains free of charge, unless agreed otherwise in writing (including, but not limited to: e-mail, fax, online form). During or after the free trial period additional services might be offered by Brandguider, for which additional charges might be applicable. Such additional services have to be agreed in writing (including, but not limited to: e-mail, fax, online form).

Article 4.

Obligations & Guarantees of the Store

The Store warrants that all brands that it uploads to the Database are sold in the Store. The Store undertakes to keep all information in the Database (including contact details and contact person) up to date, and to regularly, but at least once every 12 months, verify its content.

Article 5.

Limited Liability of Brandguider

Brandguider shall not be held responsible for:

  • the form, the nature or the contents of the Store’s websites, offers nor for their compliance with official regulations, especially with regards to false or misleading information;
  • Store’s products;
  • inaccurate information communicated by the Store or any invalid elements that may have provided for the implementation of the Listing Service; and
  • difficulty accessing or connecting to the website and/or application of Brandguider or their unavailability or dysfunction; and
  • any other circumstance or damages relating to the Listing Service.

Article 6.

Publication

The Store unequivocally accepts the publication and juxtaposition of information in the Database regarding the Store and of its competitors on the website and/or applications of Brandguider. The Parties are authorized to cite one another as commercial partners.

Article 7.

Intellectual Property

The Store gives Brandguider permission, free of charge and without geographic limitation, the right to use, represent, reproduce, disclose and distribute, in any form, any distinctive data and icons given to Brandguider by the Store for the implementation of the Listing Service.

Article 8.

Termination of Listing Service

Brandguider reserves the right to terminate the Listing Service of a Store with immediate effect, without notice and at its sole discretion.

Article 9.

Invalidity of Provisions

If any provision in the present Terms and Conditions is shown to be invalid under current laws or regulations, it shall not invalidate the present contract. If any provision is shown to be invalid under current laws or regulations, it will be deemed to be replaced with a provision that is valid and resembles the invalid provision as much as possible.

Article 10.

Applicable Law - Jurisdiction

The Terms & Conditions shall be governed exclusively by the laws of the Netherlands. Any dispute concerning the Terms & Conditions will come under the exclusive jurisdiction of the competent Court in Amsterdam (the Netherlands).