Terms and Conditions
Customer: The natural person or legal entity with whom Cube Lab enters into an agreement for the supply of the Software.
Administration: The administration of a collection that is managed by the Customer by means of the Software.
Software: The online administration system offered at www.yardtower.com.
Cube Lab: Cube Lab is registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 89195191.
Agreement: The agreement between Cube Lab and the Customer to which these Terms and Conditions apply and pursuant to which Cube Lab makes the software available to the Customer that the Customer has selected on the website www.yardtower.com.
1. General
1.1 The Software is designed to provide persons with an online system to maintain their collection by means of various modules. By entering your email address, name and password and ticking the item “I agree to the terms and conditions” you agree to the terms and conditions and the privacy policy of Cube Lab.
1.2 These terms and conditions apply to the supply of all Software by Cube Lab to the Customer. Upon registration, the terms and conditions as set out here apply.
2. Access and registration
2.1. The Customer must be 16 years of age or older.
2.2. The Software may only be used by the Customer personally, or by an appointed responsible person (as described in clause 2.3.). The Customer is not permitted to enable others, excluding the appointed responsible person, to use the Software. The Customer is not permitted to transfer or assign the Agreement to any other person or entity.
2.3. When the conditions of the Agreement are met, each Customer has a username and password. These are strictly private and confidential, and must not be shared with others, excluding appointed responsible persons. Cube Lab shall in no event be liable for the loss of a username and/or password by a Customer or appointed responsible person.
2.4. Cube Lab reserves the right to change the registration requirements of the Software and/or products offered on the website www.yardtower.com without prior notice.
3. Rules of conduct
3.1. The Customer shall not use or cause to be used the Software in any way for unlawful acts, the commission of criminal offences and/or for acts contrary to generally accepted norms and values. The following acts are included amongst others: infringement of intellectual property rights of third parties (including but not limited to: copyright, trade mark rights; rights under European Directive 96/9 on the legal protection of databases, patent rights, design rights); theft; the unlawful and/or criminal dissemination of secret or confidential information; the unlawful or criminal dissemination of texts and/or image and sound material, including racist expressions, child pornography, criminal data traffic, offensive expressions and so-called “mail bombs”; computer trespass (“hacking”) via yardtower.com or the internet; destruction, damage or rendering unusable of systems or automated works and software of others; the distribution of viruses or the intentional disruption of communications or data storage in any other way; obtaining access by means of false keys, false codes and/or false identities.
3.2. The Cube Lab privacy policy as set out below forms part of the Software. By registering, the Customer declares that they agree with this policy and will comply with it.
3.3. The Customer agrees to enter (personal) information in free entry fields in the Software, including but not limited to account numbers, values, street addresses, surnames, URLs, email addresses or other (personally identifiable) information of the Customer themselves, and that this is stored online by Cube Lab. The information that the Customer enters in the Software will be used by Cube Lab for administrative and statistical purposes only.
3.4. The Customer declares that they will in no way hold themselves out as being anyone other than the Customer. This also means that the Customer will not hold themselves out as another Customer or an employee of Cube Lab.
3.6. Information entered by the Customer in the Software, including but not limited to telephone numbers, account numbers, values, street addresses, surnames, URLs, email addresses or other (personally identifiable) information of the Customer themselves and data relating to the administration of the Customer's contacts, shall never be disclosed by Cube Lab to third parties without the Customer's consent.
3.7. In the performance of its Software, Cube Lab uses, in some cases, software of third parties. These third parties only have access to data in so far as necessary for the performance of their task. They may not use such data for any other purpose.
3.8. Cube Lab occasionally sends its Customers a newsletter in which interesting news is shared, as well as new Software that Cube Lab offers. The Customer may unsubscribe from this newsletter if the Customer does not wish to receive it. For questions and/or unsubscription, contact may be made at contact@yardtower.com.
3.9. For questions and/or comments regarding the processing of data by Cube Lab, the Customer may contact our helpdesk at contact@yardtower.com.
4. Intellectual property
4.1. The design and content, including trade marks, logos, images, photographs and text on the website(s) of Cube Lab are the intellectual property of Cube Lab and may not be reproduced, used or displayed without the express written consent of Cube Lab.
4.2. The rights of use granted by Cube Lab to the Customer are strictly limited to the use of the Software for business purposes within the scope and for the duration of the Subscription with Cube Lab. All other use by the Customer without the consent of Cube Lab is strictly prohibited.
4.3. The Customer is in particular prohibited from editing, copying, duplicating or downloading the Software, web pages of Cube Lab and the computer codes or elements of which the Software is composed, in any manner whatsoever (with the aim of editing, copying, duplicating, using commercially and/or distributing them) or broadcasting, forwarding, using commercially and/or distributing them.
4.4 By uploading a review/photo to our website(s) you confirm that:
- the photo does not contain viruses
- you are permitted to share the photo with us
- you are the owner (or have permission to use) of all intellectual property rights that it contains
- we may use it on our website(s) and for all other commercial purposes (including marketing and advertising), on all media, worldwide—unless you ask us to stop using it
- the photo does not infringe the privacy rights of other people
- you accept full responsibility for any legal claims against us in connection with the photo.
4.5 To make it clear: we are not responsible or liable for any review/photo that is uploaded to our website(s); we are permitted to remove any review/photo at our sole discretion (for example if we notice that a review/photo does not meet the above criteria).
5. Liability
5.1. Cube Lab is obliged to use its best endeavours to ensure adequate security of the software. Cube Lab is not liable for any damage on the part of the Customer or third parties that results from inadequate security.
5.2. Cube Lab does not guarantee that the software is fault-free or that it will not be interrupted by malfunctions. Cube Lab accepts no liability for direct and/or indirect damage to the Customer resulting from a shortcoming in the performance of any agreement or any other obligation of Cube Lab towards the Customer that is not attributable to intent or gross negligence of Cube Lab. Liability is in any event limited to direct damage to property and personal injury and at most to an amount equal to the amount that Cube Lab has received for the Software supplied, with a maximum of one thousand euros.
5.3. Cube Lab accepts no liability for any indirect damage, including consequential damage, nor is Cube Lab obliged to compensate business damage, loss of profit, damage resulting from failure and/or unavailability of the internet, damage arising from the leakage of confidential data, damage caused by electronic malfunctions or damage resulting from claims of third parties against the Customer.
5.4. Cube Lab accepts no liability for damage on the part of the Customer that is caused by third parties, whether or not they use the software.
5.5. The Customer shall indemnify Cube Lab against all claims of third parties in connection with the use of the Software by the Customer and/or inadequate compliance by the Customer with any obligation towards Cube Lab, whether or not arising from these terms and conditions.
6. Force majeure
6.1. Cube Lab accepts no liability if a shortcoming is the result of circumstances that cannot be attributed to Cube Lab, such as (but not limited to) international conflicts, violent or armed actions, measures by any government, labour disputes amongst Cube Lab staff or amongst the staff of any third party that supplies Software to Cube Lab, boycott actions, delays or other shortcomings on the part of third parties on whom Cube Lab depends in any way, disruptions to the electricity supply, disruptions to internet connections, disruptions to the telephone network of the relevant telecommunications company(ies), full occupancy of the incoming lines, power failure and other disruptions beyond our control, disruptions to our communication connections or our equipment or to the communication connections or equipment of any third parties that supply Software to Cube Lab.
6.2. When Cube Lab cannot fulfil its obligations for a period of more than two consecutive months owing to a non-attributable shortcoming, both Cube Lab and the Customer are entitled to terminate the agreement by means of a written notice.
6.3. The consequences of any shortcoming in the performance by Cube Lab towards third parties that is caused by or due to the conduct of the Customer shall always be for the account and risk of the Customer.
7. Technical failure of the website
7.1. Cube Lab does not guarantee that the software is fault-free or that it will not be interrupted by malfunctions. Cube Lab shall use its best endeavours to remedy defects in the Software as soon as possible.
7.2. Cube Lab accepts no liability for the distribution of any virus-infected information.
7.3. Cube Lab accepts no liability for the consequences of actions of third parties who gain access to the Software, email messages or information of the Customer and make changes thereto.
7.4. Cube Lab aims for the highest possible uptime. In the event of force majeure, Cube Lab cannot be held liable for this. Cube Lab uses software (hardware, software, network, data storage, etc.) of third parties for the supply of the Software.
7.5. You shall not attempt to hack the Software and/or set up websites that hold themselves out as part of Cube Lab.
7.6. You shall not reproduce, copy, duplicate, sell or resell any part of the Software or the Software as a whole without the express consent of Cube Lab.
7.7. You shall not use the Software for placing or sending unsolicited content/email (spam).
7.8. You shall not place worms and/or viruses and/or other forms of destructive code on the Software.
7.9. Cube Lab shall endeavour, but does not guarantee, that 1) the Software meets your specific requirements, 2) the Software operates correctly and 3) errors in the Software are corrected.
8. Tariffs and payment
8.1. All prices are inclusive of value added tax (VAT) and other levies imposed by the authorities, and are set out on the website www.yardtower.com/en/price/.
8.2. When converting to a paid subscription, the Customer indicates that they will pay by direct debit.
8.3. The annual amount payable for the use of the Software is determined in accordance with the Agreement that the Customer has selected on the website www.yardtower.com, or on the basis of an agreed quotation.
8.4. If the Customer authorises Cube Lab to pay by direct debit, the Customer shall ensure that there is sufficient balance in the account specified upon registration.
8.5. Cube Lab reserves the right to change the tariffs for the Software. Cube Lab shall send the Customer notice by email at least 1 month in advance.
8.6. When converting a free account to a paid account, the free account is converted directly to a paid account and you automatically terminate the free account. Payment also commences on the day of conversion.
9. Term and termination of the Agreement
9.1. The Agreement runs for a minimum of 1 day until the end of the contract and is tacitly renewed for the same period as the agreed period preceding it. In the event of termination, the Customer must observe the notice period in clause 9.2.
9.2. The notice period is at least 1 calendar day and may be requested via the Software or must be given in writing by recorded delivery. Other methods of termination are not accepted.
9.3. Cube Lab is entitled to terminate the agreement without further notice of default or judicial intervention with immediate effect and/or to block access to the Software in whole or in part, whether or not temporarily, if the Customer fails to comply with one or more of its obligations towards Cube Lab, or fails to comply properly or in full, or acts in breach of legal regulations. The agreement may amongst other things be terminated with immediate effect as a result of: a) repeated, evidently well-founded complaints about disruptive/unacceptable behaviour; b) attempts by the Customer to transfer the agreement; c) if the Customer does not pay the invoice within the period set by Cube Lab; d) if the Customer withdraws the direct debit authorisation and/or reverses the transfer; e) in the event of bankruptcy, (provisional) suspension of payment, debt restructuring or administration. Upon termination of the Agreement, the Customer is obliged to pay the costs for the remaining minimum term of the Agreement.
9.4. All data of the Customer is deleted 3 months after the Customer's account is discontinued.
10. Final provisions
10.1. When Cube Lab is taken over, merges or otherwise develops into another legal entity, all rights and obligations existing between the Customer and Cube Lab shall pass to that other legal entity.
10.2. If a provision of these terms and conditions or of any agreement proves to be void, this shall not affect the validity of the terms and conditions and/or Agreement as a whole. The parties shall establish new provision(s) in replacement, giving shape to the intention of the original agreement as far as legally possible.
10.3. Dutch law applies to the relations between the Customer and Cube Lab. Disputes between Cube Lab and the Customer shall be submitted to the competent court in Amsterdam; or, at the choice of Cube Lab, to the competent court of the Customer's place of residence.