Terms of Use & Conditions

These terms and conditions were last updated on October 20, 2021

1 Introduction

These Terms and Conditions apply to this site and to transactions related to our products and services. You may be bound by additional contracts in connection with your relationship with us or with products or services you receive from us. If any provisions of the Additional Agreements conflict with any provisions of these Terms, the provisions of those Additional Agreements will take precedence.

2. Binding

By registering with, accessing or otherwise using this site, you agree to be bound by the terms and conditions set forth below. Use of this site implies that you have read and accept these terms and conditions. In some specific cases, we may also ask you to give your express consent.

3. Electronic communication

By using this site or communicating with us digitally, you agree and acknowledge that we may communicate with you digitally through our site or by sending you an email, and you agree that all agreements , notices, disclosures and other communications that we provide to you digitally comply with all legal requirements, including but not limited to the requirement that such communications be in writing.

4. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the Site and the data, information and other resources displayed by or accessible on the Site.

4.1 All rights reserved

Unless otherwise specified for specific content, no license or other right under any copyright, trademark, patent or other intellectual property rights is granted to you. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate in any electronic medium, modify, reverse engineer, decompile, transfer, download, , transmit, monetise, sell, market or commercialize, except and only to the extent provided otherwise in mandatory law regulations (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in digital form to others who may be interested in visiting our site.

6. Third Party Property

Our site may contain hyperlinks or other references to sites of other parties. We do not monitor or review the content of third party sites linked from this site. Products or services offered by other sites are subject to the applicable Terms and Conditions of those third parties. The opinions or material on these sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these sites. You assume all risks associated with using these sites and any related third-party services. We do not accept any responsibility for loss or damage, however caused, resulting from personal data you provide to third parties.

7. Responsible Use

By accessing our site, you agree to use it only for the purposes for which it is intended and as permitted by these terms and conditions, any additional contracts with us, and by applicable laws, regulations and generally accepted online practices and guidelines. You may not use our site or services to use, publish or distribute any material consisting of (or linked to) malicious computer software; not use any information from our site for direct marketing activities or conduct any systematic or automated data collection activities on or in connection with our site.

It is strictly forbidden to engage in activities that damage or may cause damage to the site or that impede the functioning, availability or accessibility of the site.

8. Submitting Ideas

Do not send us ideas, inventions, copyrighted works, or other information that could be considered your own intellectual property unless we have first signed an intellectual property or nondisclosure agreement. If you disclose the Content to us without such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate the Content and distribute in all existing or future media forms.

9. Termination of Use

We may, in our sole discretion, change or discontinue access to the Site or any service on it, temporarily or permanently, at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any content you may have shared on the Site. You will not be entitled to any compensation or other payment, even if certain features, settings and/or Content that you have contributed or have come to rely on are permanently lost. You must not circumvent or attempt to circumvent any access restrictions on our site.

10. Warranties and Liability

Nothing in this section shall limit or exclude any statutory warranty that it would be unlawful to limit or exclude. This site and all content on the site are provided on an "as is" and "as available" basis and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, either express or implied, as to the availability, accuracy or completeness of the Content. We do not guarantee that:

  • this site or our content will meet your requirements;
  • this site will be available on an uninterrupted, timely, secure or error-free basis.

Nothing on this site is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an expert.

The following provisions of this section apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in the event that doing so would be unlawful or prohibited. In no event will we be liable for any direct or indirect damages (including loss of profits or revenues, loss or corruption of data, software or databases, loss of or damage to property or data) incurred by you or any third party arising out of your access to or use of our site.

Unless otherwise expressly provided in an additional contract, our maximum liability to you is for all damages arising out of or in connection with the site or products and services marketed or sold through the site, regardless of the cause from which that liability would be limited to the total price you paid us to purchase such products or services or to use the site. Such limitation applies to all your claims of every kind and nature.

11. Privacy

In order to access our site and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.

We have developed policies to address any potential privacy concerns. For more information, see our Privacy declaration and us Cookie Policy.

12. Export Restrictions / Legal Compliance

Access to the site is prohibited for visitors from areas or countries where the content or purchase of the products or services sold on the site is illegal. You may not use this site in violation of the export laws and regulations of the Netherlands.

13. Assignment

You may not assign, transfer or subcontract any or all of your rights and/or obligations under these Terms to any third party without our prior written consent. Any alleged transfer in violation of this section will be null and void.

14. Violations of these Terms

Without prejudice to our other rights under these terms, if you breach these terms in any way, we may take the steps we deem appropriate to address the breach, including suspending your access to the site, temporarily or permanently, contact your internet service provider to block your access to the site, and/or take legal action against you.

15. Disclaimer

You agree to indemnify, defend and hold harmless us from and against all claims, liabilities, damages, losses and expenses, related to your violation of these terms and applicable laws, including intellectual property and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses related to or arising out of such claims.

16. Waiver

Failure to enforce any of the provisions of these Terms and Conditions and any other document, or failure to exercise any option of termination, shall not be construed as a waiver or implied consent, and shall not affect the validity of any these Terms or any other agreement or part thereof, or the right to enforce any and all provisions thereafter.

17. Language

These terms and conditions will be interpreted and construed solely in Dutch. All communications and correspondence will be conducted in that language only.

18. Entire Agreement

These terms and conditions, together with our privacy declaration and cookie policy, constitute the entire agreement between you and Total Productivity BV with respect to your use of this site.

19. Updating these Terms

We may update these terms from time to time. You are required to check these terms and conditions regularly for changes or updates. The date at the beginning of these terms is the last revision date. Changes to these terms will be effective upon posting of such changes on this site. Your continued use of this site, after making any changes or updates, will be deemed a notification of your acceptance of compliance with and be bound by these terms.

20. Choice of law and jurisdiction

The law of the Netherlands applies to these terms and conditions. All disputes relating to these Terms and Conditions are subject to the jurisdiction of the courts in the Netherlands. If any part or provision of these terms is found by a court or other authority to be invalid and/or unenforceable, that part or provision will be modified, deleted and/or enforced to the maximum extent permitted to give effect to the intent of these terms. The other provisions remain unaffected.

21. Contact Information

This site is owned and operated by Total Productivity BV.

You can contact us about these terms and conditions at our contact page.

22. Download

You can also read our terms and conditions to download as a PDF.