Terms

The service "Esira Food" is offered over the internet in the form of Software-as-a-Service by the company Carpenter Group. The use of Esira Food is subject to the below terms and conditions. Using Esira Food constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Carpenter Group.

Article 1. Use of the service

1.1. With Esira Food, you can register purchases, products, production, inventory and sales for food producing companies.
1.2. To use Esira Food, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the email and password against third parties. In particular you must keep the password strictly confidential. Carpenter Group may assume that all actions undertaken from your account after logging in with your email and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Carpenter Group that someone else knows your password.
1.4. Esira Food processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Carpenter Group for more information.

Article 2. Terms of use

2.1. It is not permitted to use Esira Food for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. Should Carpenter Group discover that you violate any of the above, or receive a complaint alleging the same, then Carpenter Group may intervene to end the violation.
2.3. If in the opinion of Carpenter Group the continued functioning of the computer systems or network of Carpenter Group or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Carpenter Group may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. Carpenter Group is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.5. Carpenter Group may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Carpenter Group from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. Carpenter Group uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Carpenter Group actively maintains Esira Food. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Carpenter Group may from time to time adapt Esira Food. Your feedback and suggestions are welcome but ultimately Carpenter Group decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The service Esira Food, the accompanying software as well as all information and images on the website is the intellectual property of Carpenter Group. None of these items may be copied or used without prior written permission of Carpenter Group, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Carpenter Group receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Carpenter Group, for example a bug report or suggestion for improvement, you grant Carpenter Group a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Carpenter Group shall refrain from accessing data you store or transfer using Esira Food, unless this is necessary for a good provision of the service or Carpenter Group is forced to do so by law or order of competent authority. In these cases Carpenter Group shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1. The use of Esira Food is subject to a fee which is due every month. The fee is charged upon expiry of each applicable period.
5.2. Payment is possible through direct debit order, via iDeal online payment, by creditcard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of Carpenter Group shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Carpenter Group in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Carpenter Group at most two months after discovery.
6.4. In case of force majeure Carpenter Group is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Carpenter Group is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Carpenter Group shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.

Article 8. Changes to terms

8.1. Carpenter Group may change or add to these terms and conditions as well as any prices at any time.
8.2. Carpenter Group shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Esira Food after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Esira Food shall be brought before the competent Dutch court for the principal place of business of Carpenter Group.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Esira Food service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Carpenter Group shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Carpenter Group is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Esira Food or the associated business activities.

Version 1.0 - Last modified @ 22-05-2019

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