Welcome to the Wahupa website (“website”). This document explains the terms and conditions for using this website (the "terms of use"). By using this website, you consent to these terms of use and any new version of such posted since your last visit.

These terms of use apply to any person or entity using and/or browsing this website ("visitor"), including Wahupa customers and partners who are authorized to register to use the customer / partner area (the "user area") These customers and partners who are registered are referred to as “user” and “users”.

Please note that visitors who are authorized to register to use the user area are subject to additional terms of use which govern the use thereof (the "user area terms of use"). The user area terms of use are available in the user area login and must be accepted before first use and access to the user area is permitted.

Using Wahupa content and service.

1. Wahupa Proprietary Rights. This website may contain information, data, software (including updates), images, video clips, music, links, logos and other material (collectively, the "content") that are the copyright, trademark or other intellectual property of Wahupa, and/or its affiliates, subsidiaries, partners and/or third-party suppliers. The content in this website is copyrighted individually and as a collective work. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
2. Linking to this website. If you operate a website, then you may not display the Content within a frame or border, or "deep link" or harvest Content located below the upper-most URL. You will not link to this website or Content in a manner that suggests an endorsement or affiliation between the sites absent the written consent of Wahupa. You will remove any link to this website that Wahupa finds objectionable promptly upon request.
3. Reservation of rights. Wahupa reserves all rights not specifically granted to you. This means permission to use this website and related intellectual property rights. Except as specifically authorized in these terms of use, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this website. To the fullest extent permitted by law, you may not decompile, disassemble or otherwise reverse engineer any products and/or software obtained through this website.

Third party links and advertisers.

Content, goods or services may be offered by affiliates, partners and/or third parties through this website. These are offered as a convenience to you. Wahupa has no control over and does not endorse this content, goods or services. Wahupa is a distributor and not a re-publisher of third party content and is an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). Wahupa disclaims all representations and warranties, whether express or implied, regarding content, goods or services that you obtain from third party providers. You will look solely to the third party provider for all claims regarding such matters.

System security.

Wahupa may offer secure web pages to collect certain kinds of information from visitors and users and it may store certain kinds of sensitive information in encrypted form. Wahupa follows reasonable technical and management practices to help protect the confidentiality, security and integrity of data it collects. While no computer system is completely secure, the measures implemented by this website help to reduce the likelihood of security problems to a level appropriate to the type of data involved.

Visitor Profile.

If you register to receive information or certain products through this website, you are stating that you are at least 18 years old and that your registration information is truthful, accurate, up to date and complete. A password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof. You may not disclose your password to any other person or entity. You may not use another visitors login name and password.

Privacy policy.

The privacy policy for this website is posted at the homepage. The terms of the privacy policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these terms of use and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on this website) may have privacy policies or practices that differ from our privacy policy. Please check third-party privacy disclosures for details.

Warranties & liabilities.

1. Warranty Disclaimer. This website (including all information, content, communications, features, products, software and services) may include inaccuracies, errors and defects and is provided as-is and as-available without warranty of any kind. All warranties, including merchantability, quality, integration, accuracy, workmanlike effort, fitness for a particular purpose, title and non-infringement are disclaimed. The company is not responsible for unauthorized access to or disruption of your communications, content or transactions entered into with or through this website. The company is not responsible for any harassing, defamatory, illegal or improper conduct or content of third parties, or for any infringement of intellectual property rights by third parties.
2. Limitation of liability. In no event is the company liable whether in contract, tort (including negligence, strict liability or otherwise), for any direct, indirect, punitive, special, exemplary, incidental or consequential damages (including lost savings, lost profit, lost goodwill, lost or corrupted data or business interruption) even if notified in advance of such possibility. This limitation is a material condition to these terms of use, is commercially reasonable and has been factored into these terms of use as a whole. Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, and in that case the foregoing limitation may not apply to you.
3. Indemnification. You agree to defend, indemnify and hold harmless Wahupa and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of this website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these terms of use.
4. Protected Parties. The warranty disclaimers, liability limits, indemnities and reservation of rights contained in these terms of use protect the owner of this website, the company, its officers, directors, owners, agents, consultants, advisers, employees, affiliates, advertisers, distributors, resellers, suppliers, publishers and promoters.

Force majeure.

Wahupa is not responsible for any delay or failure in performance of this website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these terms of use.

Technology & data transfer.

The transport of technology, technical data and information across national boundaries is regulated by the European Union (EU) and by certain non-EU governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through this website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the terms of use.

Relationship of parties.

There are no third-party beneficiaries of these terms of use. The parties are independent to one another and are not related by agency, franchise, partnership, employment, joint venture or otherwise. Wahupa and this website are not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.

Right to rely on instructions.

Wahupa may act in reliance upon any instruction, information, document, filing, name, email address or password that meets this websites automated criteria or which is believed by this websites personnel to be genuine. For any password protected areas, Wahupa may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. Wahupa may assume the latest email addresses and registration information on file with this website are accurate and current. When programmed to do so, this website may take prescribed actions in the absence of receiving proper and complete contrary instructions.

Injunctive relief.

If you violate or exceed the scope of these terms of use or infringe any proprietary rights in connection therewith, then you agree Wahupa would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.

Governing law and forum.

These terms of use shall be governed by and construed in accordance with the substantive laws of The Netherlands, without regard to conflicts of law principles. You agree to initiate and maintain any legal action in the courts of The Netherlands, and irrevocably consent to exclusive personal jurisdiction and venue therein.
You are responsible for complying with your own local laws, which may vary with respect to certain activities or people.

Should you bring legal action against Wahupa, then you irrevocably agree that it will be brought and maintained within one (1) year after the claim arises or be barred. You further agree to compensate Wahupa for all costs and fees associated with any such legal action, including, without limitation, any and all attorneys fees. If Wahupa must enforce these terms of use, then you agree to accept electronic service at your stated e-mail address.

Changes to service.

Wahupa reserves the right to modify, change or discontinue this website or any feature at any time without notice. You agree that Wahupa is not liable to you or to any third party as a result of any such action. Wahupa invites Users to make suggestions for ways that this website can be improved. If you make a suggestion, then you authorize Wahupa to use the idea and to publish your name in connection with the submission. Wahupa does not compensate for the use or publication of such submissions.

Miscellaneous.

This document reflects the entire and exclusive agreement between the parties concerning your use of this website and supersedes all other agreements in relation thereto, whether written or verbal. Customers of Wahupa who use the user area are subject to the additional user area terms of use governing such use. Wahupa reserves the right to change these terms of use at any time by posting a new version on this website. Your continued use of this website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the documents authenticity is genuinely placed in question. Wahupa reserves the right to assign these terms of use or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of Wahupa. All licenses or permissions granted to you by these terms of use are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent Wahupa’s written consent. Any provision of these terms of use found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Any waiver by Wahupa of a provision in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.