Terms and Conditions

Terms and Conditions

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Copyright Notice: “Client”, “You” and “Your” refers to you, the person accessing this website in whichever capacity and accepting the OpenRisk’s terms and conditions.

“The Company”, “Ourselves”, “We” and “Us”, refers to OpenRisk.

Agreement to the terms and conditions

These terms and conditions govern your use of this website. By using this website you are deemed to have read the following terms and conditions and that you:

  • accept these terms and conditions in full.
  • agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
  • If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
  • If you do not think the exclusions and limitations of liability are reasonable, you must not use this website.

Breach of the terms and conditions

Without prejudice to Open Risk’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Unacceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer viruses, Trojan horses, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Open Risk’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Open Risk’s express written consent.

Restricted access

Access to certain areas of this website is restricted. OpenRisk reserves the right to restrict access to other areas of this website, or indeed this entire website, at our sole discretion.

If Open Risk provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Open Risk may disable your user ID and password in our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Except where Open Risk explicitly indicates otherwise, you grant Open Risk a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Open Risk the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Open Risk or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Open Risk reserves the right to edit or remove any material submitted to this website, or stored on Open Risk servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Open Risk makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Open Risk does not warrant that:

  • this website will be constantly available, or available at all
  • the analysis, opinions or other information available on this website is complete, true, accurate timely, or non-misleading

Nothing on this website constitutes, or is meant to constitute, legal or financial advice.

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Limitations of liability

Open Risk will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

You agree that you will not bring any claim personally against Open Risk officers or employees in respect of any losses you suffer in connection with the website.

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Open Risk’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Open Risk.

Indemnity

You hereby indemnify Open Risk and undertake to keep Open risk indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Open Risk to a third party in settlement of a claim or dispute on the advice of Open Risk legal advisers) incurred or suffered by Open Risk arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.

Entire agreement

These terms and conditions, together with the Copyright and Privacy Policies, constitute the entire agreement between you and Open Risk in relation to your use of this website.

Applicable law and jurisdiction

The use of this website and these Terms and Conditions are solely governed by Dutch law. Any dispute from the use of the Open Risk website or the use of information derived from these website shall exclusively be submitted to and finally be resolved by the competent court in the Netherlands, with exclusion of any kind of other court in any other country.