INTRODUCTION

AutoMPS, a business unit of, AutoFacets B.V. (a part of the Gateway Group) along with its affiliates and sister companies (collectively referred to as “Gateway”, “we”, “our”, “us”) allows you to use this website for your personal information, educational and entertainment use. Please carefully read the following Terms of Use before using our website. Specific rules and regulations may apply to our content as well as to any data or information you may wish to upload, which may be in addition to or supersede these Terms of Use.

By accessing and using this website, you explicitly acknowledge that you understand and agree to be bound by these Terms of Use. If you do not agree to these terms of use, you must not use or access our website.

The term “User” shall refer to the user who is browsing the website. The term “Gateway Group” shall refer to the owners of this site and the term “Site” refers to https://automps.eu/  )

USER OF WEBSITE

• The website is only for your personal reference and not for User’s commercial use and does not create a business or professional services relationship between you and us.
• Your access to and use of this site is subject to the following terms and conditions and all applicable laws.
• All the information, text, data, content, images, graphics, video, audio etc. on this Site is the exclusive property of Gateway Group, its affiliates, sister companies, licensors and/or content providers.
• You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and any applicable special conditions (if any), and that they comply with them.
• Under no circumstances can you circulate/use copies of the content in any manner or modify, copy, distribute, transmit, display, perform, reproduce, republish, license, create derivative works from, transfer, or sell any information, software, products and/or services obtained from this Site.
• You cannot create a false or fake identity in order to mislead others or to impersonate or misrepresent your affiliation with another person or entity.
• You shall not violate the contractual, personal, intellectual property rights or other rights including using, uploading, transmitting, distributing, or otherwise making available any information made available through our Site or services in any manner that infringes any of our copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) as it may lead to civil and criminal penalties.
• You are not permitted to post, upload, publish, submit, or transmit any content that infringes, misappropriates, or violates a third party’s intellectual property i.e. patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
• You will not interrupt, intrude or attempt to interrupt or intrude on the operation of this site in any manner.
• You cannot upload, post or otherwise disseminate any content that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful, politically slanted, illegal or otherwise objectionable.
• Intellectual property rights, such as copyrights, database rights, and trademark rights, safeguard this Site, and these rights are held by us, our licensors, or contributors to the Site. The content and related materials on the Site are the intellectual property of Gateway Group or respective third parties. All trademarks, trade names, and logos showcased on the Site are registered and unregistered trademarks of Gateway Group.

THIRD PARTY WEBSITES/ LINKS

The Site may contain links to third-party websites that are not owned or controlled by us. No judgment or warranty is made with respect to such other services or sites and we take no responsibility for such other sites or services. We make no representation or warranty regarding any content, goods or services contained in such links and we will not be liable for any claim relating thereto. We have no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies and the same is provided only for information purposes. We do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties.

If you decide to access any of these websites and links, it will be entirely at your own risk and responsibility. By accessing and using this Site, you expressly relieve us from liabilities arising from your access or use of any third-party website/links.

DISCLAIMER OF WARRANTIES

The Site and its content is provided “as is” and “as available” basis and we make no representations, guarantees or warranties of any kind, express or implied, as to the operation of this Site, the accuracy of the information, content, materials (including design, layout, appearance, texts, graphics, images, trademarks, logos), products, title and non-infringement on this Site. You expressly agree that your use and access of this Site is at your sole risk. In no event, shall we take liability or responsibility for (i) being compatible with all hardware and software which may be used by you, (ii) any errors, mistakes, inaccuracies of content etc. (iii) any personal or property damage, of any nature whatsoever, resulting from your access to and use of our Site and services, (iv) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (v) interruption or cessation of transmission to or from our Site and services, (vi) bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party and/or (vii) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the access or use of any content posted, emailed, transmitted, or otherwise made available via our Site and services.

LIMITATION OF LIABILITY

We (including but not limited to our officers, employees, suppliers, directors, affiliates, group and subsidiaries or holding companies) shall not, under any circumstances, be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages/liabilities suffered by any person or entity arising out of or in connection with access, use, breach of these Terms of Use, the furnishing, performance and/or use of the Site, including but not limited to loss of revenue or profits; loss of business or customers; damage to goodwill, damage to or loss of any systems, equipment, data or programs, professional indemnity, data protection, confidentiality, or any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the app, whether for breach of contract, tortious behavior, negligence, or under any other cause of action and, damage associated with business interruption or failure. The foregoing limitation of liability irrespective of whether the claim is based on contract, tort, negligence, strict liability or any other theory of liability.

Our responsibility to you, and the only course of action available through us regarding the Site (whether due to negligence, breach of contract, breach of statutory duty, restitution, tort, or any other cause), is to take appropriate actions at our discretion. These actions may include removing or deleting data entered incorrectly or the subject of a dispute, or correcting data that was entered erroneously.

INDEMNIFICATION

User hereby agrees to defend, indemnify and hold us and our affiliates, sister companies, group, harmless from all liabilities, claims, damages, losses, costs and expenses, including attorney’s fees, that arise from (a) usage of or activities in connection with the Site; (b) any violation of the terms and policies by the User; or (c) any allegation that any content that you make available via the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Any use of this Site in any manner, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Use and against any applicable law will make you liable for indemnification.

CHANGES

We reserve the rights, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Your continued use of the Site will be considered as acceptance of these changes. We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any feature(s) of the Site, at any time. We may also impose limits on certain features and services or restrict your access to certain sections or all of the Site without notice or liability. We are not under any duty to make the Site available and will not be liable if for any reason the Site is unavailable, totally or partially, at any time or for any period. You hereby acknowledge and agree that we may terminate the authorization, rights and license given above at any point of time at our own sole discretion.

INJUNCTIVE RELIEF

The User acknowledges that in the event of a breach of any provision of these terms or any other policies/amendments, we may not have an adequate remedy to cover damages arising therefrom. In this regard, we shall therefore be entitled to seek an injunction against such breach from any court of competent jurisdiction immediately. Furthermore, we reserve the right to pursue additional remedies to the maximum extent permitted by law.

PRIVACY AND COOKIES

Our dedication lies in safeguarding the personal data gathered through our Site. We encourage you to review our Privacy Policy, which is an integral part of these Terms of Use. The Privacy Policy outlines the types of personal data we collect, how we may utilize it, our procedures for handling it, whom we may share it with, and your rights, among other aspects. Should you have any inquiries regarding our Privacy Policy or concerns about data protection, or wish to exercise your rights, please feel free to reach out to us at legal@autofacets.com.

NO OFFER OR SOLICITATION

The information provided on the Site does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any AutoMPS. Investors must not rely on this information for investment decisions, all such information is provided on “as is” basis.

GENERAL TERMS

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, it shall not affect the legality, validity or enforceability of that provision or any other provisions in any other jurisdiction; nor shall it affect the legality, validity or enforceability of any other provision in that jurisdiction.

A waiver (whether express or implied) by us of any of the provisions of these Terms of Use, or of any breach or default by us in performing any of these provisions, shall not constitute a continuing waiver. Such waiver shall not prevent us from subsequently enforcing any of the provisions of these Terms of Use not waived, or from acting on any subsequent breach or default by the other party under any of the aforementioned provisions.

A person who is not a party to these Terms of Use has no rights to enforce, or to enjoy the benefit of, the terms and conditions mentioned hereinabove. However, we (including but not limited to our group, affiliates and/or subsidiary companies) shall be entitled to enforce and benefit from the provisions of these Terms of Use as if it were a party thereto.

GOVERNING LAW & JURISDICTION

We and the User shall attempt to resolve the disputes, if any, relating to the terms through negotiations, between themselves/senior executives of the parties who have authority to settle the disputes or through the mutual appointment of a third party as arbitrator. If the matter cannot be resolved, through negotiation/arbitration, the matter shall be referred to the competent court of the Netherlands, for which we are free to choose the jurisdiction of our preference as to where such action may be held.