Terms and Conditions for Ressence Products and Services
1. Relationship between you and Ressence.
By using Ressence Products and Services, including the Websites, the Applications, the Products, the Product Software, the Web hosting services, the API or any other services provided by Ressence (hereinafter the “Products and Services”) you expressly confirm your agreement to the following Ressence Services Terms and Conditions for Ressence Products and Services (**“Ressence Services Terms and Conditions”).
Ressence Services Terms and Conditions are binding and form a contract between you and Ressence. Ressence shall include all Ressence affiliates as described in each of the following documents. (hereinafter “Ressence” or “We”). Any reference to a particular affiliate of Ressence shall be enforceable for the specific condition into which such affiliate is your contractual partner. These Ressence Services Terms and Conditions supersede any other document of the Ressence Services Terms and Conditions concerning its purpose.
The Ressence Services Terms and Conditions are composed of:
Ressence Website Terms
Our Ressence Products, as detailed in the user guide for Products (the “Product”) must be used in accordance with the user guide attached to each Product. You can find our user-guides on the Ressence Website.
As a user of the Products and Services, You, acknowledge and guarantee:
That You have obtained and read a copy of the Ressence Services Terms and Conditions; and,
To be in possession of the Ressence Services Terms and Conditions on a durable media for example by printing them out. Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; and,
To be of age required or otherwise authorized under the law of your country of residence to commit yourself into the Ressence Services Terms and Conditions.
Any objection or contestation to these Ressence Services Terms and Conditions will be interpreted as a refusal to agree to these Ressence Services Terms and Conditions. IF YOU WERE TO DISAGREE WITH THESE RESSENCE SERVICES TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY RESSENCE PRODUCTS OR SERVICES.
2. Modification of the Ressence Services Terms and Conditions
It is understood and agreed between the parties that Ressence keeps the right, in any case, to modify all or part of the Ressence Services Terms and Conditions, to reflect changes to the law or any applicable regulation, changes to our Products and Services or any event which is deemed sufficient by Ressence to command such revisions. Any new version of the Ressence Services Terms and Conditions will not apply retroactively but replaces and supersedes the previous version of the Ressence Services Terms and Conditions.
We advise you to frequently consult the Ressence Services Terms and Conditions and to save each version on durable media.
3. General provisions
Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Ressence Services Terms and Conditions is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport services, supply difficulties in raw material or energy, any communication interference resulting in any difficulty to fulfil any order or performance of any act required by the Ressence Services Terms and Conditions shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases.
This version of the Ressence Services Terms and Conditions constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Ressence Services Terms and Conditions. you are subject to these Ressence Services Terms and Conditions.
If any provision of the Ressence Services Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under the Ressence Services Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Evidence – Electronic communication
Any notification and communication between Ressence and you can be realized by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Ressence account.
Governing law – Dispute resolution
In the event of any controversy or dispute between Ressence and You arising out of or in connection with your use of any Products and Services provided by Ressence, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute amicably through alternative dispute resolution.
These Ressence Terms and Conditions are governed by Belgian law. In the event that litigation arises out of or in connection with your use of any Products and Services provided by Ressence, the Parties undertake to seek an amicable solution before any legal action. In case of dispute, only the Belgian courts will be competent.
The Parties may agree to resolve their dispute through the online dispute resolution platform provided by the European Union.