Article 1 - Definitions

In these General Terms and Conditions, the following terms, written with an initial capital letter, shall have the meaning given to them below:
Account: The user's account created by the Visitor, which allows the Visitor to use the Services.
General Conditions: These General Terms and Conditions, irrespective of the form in which they are disclosed.
Visitor: The natural person who uses the Website and the Services of Fruity King.
Services: The Services of Fruity King that are offered on the Website, consisting of, among other things, the possibility of filling in and testing profiles and receiving advice.
Fruity King: The private company with limited liability Fruity King Vers Sap B.V., registered at Zuideinde 92, 2991 LK Barendrecht, The Netherlands.
Intellectual Property Rights: All intellectual property rights and related rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and to performances on a par with patentable inventions.
Agreement: The agreement between the Visitor and Fruity King by virtue of which Fruity King makes the Services available to the Visitor.
Website: "the fruit lab" website on which Fruity King offers its Services.

Article 2 - Applicability

1. These General Conditions are applicable to the use of the Website, any offers made by Fruity King on the Website, and to any Agreements concluded between Fruity King and Visitor. By using the Website, the Visitor accepts the applicability of these General Conditions.
2. Visitor is personally responsible for saving and printing the General Conditions and the Agreement, if so desired, through the facilities made available for that purpose on the Website, and for being able to access the saved copy.
3. Once these General Conditions have been declared applicable to a legal relationship between Fruity King and Visitor, Visitor is deemed to have accepted the applicability of the General Conditions to subsequent Agreements as well.
4. If and when any provision of the General Conditions is declared null and void or is voided, the remaining provisions of the General Conditions will continue to be fully applicable. In that event Fruity King will adopt a new provision as replacement for the null and void/voided provision, whereby it will take the purport of the null and void/voided provision into account as much as possible.

Article 3 - Concluding Agreements

1. Agreements are concluded the moment when the Visitor registers himself on the Website. Fruity King may refuse a registration without having to give a reason for its refusal.

Article 4 - Rendering the Service

1. Fruity King has compiled the content of the Website with all due care. However, some information on the Website is provided by third parties. These parties are themselves responsible for the accuracy and completeness of this information. Fruity King is not responsible for the content of this information in any way.
2. Fruity King offers the Website and the information it contains on an "as is" basis, and excludes any explicit or implicit guarantees, commitments, or indemnities, of any kind, including but not limited to any guarantee regarding entitlement to (property) rights, sufficient quality, suitability for a specific purpose, and non-infringement of third-party property rights and other third-party rights. Fruity King specifically does not warrant:
• that the information on the Website is correct, up to date, suitable, and not prohibited;
• that the Website will function without any interrupts, and will be free of viruses, Trojan horses and other faults or defects, and that defects may be remedied; and
• that third parties do not and will not use its systems illicitly.
3. Fruity King may (temporarily) decommission the Website or restrict the use of it, if this is necessary, for instance, for servicing or modifying the Website; this will not create any entitlement for the Visitor to compensation from Fruity King.

Article 5 - Intellectual Property Rights

1. All Intellectual Property Rights with respect to the Website, including to texts, illustrations, layout, photographs and other (still or moving) visual material, audio material, formats, software, and other materials, database rights and trademark rights (including domain names) are the exclusive property of Fruity King or its licensors.
2. Visitor is not allowed to make the Website or any part thereof available to third parties, or to reproduce, disseminate, modify, or transmit same in any way, or to incorporate same in another document or other material in any way without the prior written permission of Fruity King. This means also that Visitor is not allowed, among other things, to retrieve and reuse a substantial part of the content of the database(s) on the Website and/or to repeatedly and systematically retrieve non-substantial parts of the content of the database(s) and reuse same within the meaning of the Dutch Databases Act.

Article 6 - Privacy

1. Fruity King files all personal details provided by Visitor within the context of the Services or if Visitor is in contact with Fruity King for any other reason. In addition, Fruity King processes anonymised statistical information about the internet-surfing habits of Visitors. The data-processing by Fruity King complies with the Dutch Data Protection Act and is reported to the Dutch Data Protection Authority in The Hague.
2. Fruity King ensures that the collecting and processing of personal data is compliant with the Dutch Data Protection Act. Fruity King uses the personal data it collects for the following purposes:
• rendering the Services, performing the agreements concluded via the Website, and billing the Services;
• providing information about the Services of Fruity King;
• where agreed, providing personal data to carefully selected partners of Fruity King in order to let these partners use these data for sending information, activities, news, or offers about or from these partners by mail, telephone, text-messaging, e-mail and/or other media;
• creating visitors profiles, including by linking (i) personal data submitted by Visitors on the Website and (ii) other data generated by Fruity King to (personal) data Fruity King has obtained via its other websites;
• providing data to third parties where a statutory obligation exists to do so.
3. Visitors may inspect and correct the data in their Account at any time by logging in on the Website. All data in the Account may be deleted by deregistration. In addition, each Visitor may request Fruity King to delete or block other personal data that are not visible to the Visitor. Fruity King shall decide on such request within 4 (four) weeks and shall inform the Visitor, together with its decision, to what extent the deletion will limit or prevent the use that may be made of the Services.
4. Fruity King makes every reasonable effort to protect its systems against loss and/or any form of unauthorised use. To this end, Fruity King adopts suitable technical and organisational measures, taking into account the state of the art, among other things.
5. Fruity King and its selected parties shall comply with the E-mail Code and with privacy legislation. In order to bring its offers in line with Visitor's interests as much as possible, Fruity King may have the Visitor's data analysed and combined (or have them analysed and combined) with other data.
6. Visitors who no longer wish to receive information about the activities, products and services of Fruity King, its partners, or third parties, may revoke their authorisation by sending an e-mail to info@thefruitlab.com. In each e-mail message it sends, Fruity King additionally gives the recipient the possibility to have himself removed from the mailing list.
7. In order to bring the Services and the Website in line with the needs of the Visitors as much as possible, Fruity King collects anonymised statistical information about their internet-surfing habits. It is not possible to identify a Visitor on the basis of this information.
8. In order to facilitate the use of the Website Fruity King uses cookies. These are small text files that are sent to the Visitor's browser and that are stored on the hard disk of his computer. The cookies are used to register how and when a Visitor uses a website. Cookies are also used to remember passwords, user's names and preferences. The Visitor may adjust his browser in such a manner that no cookies are generated.

Article 7 - Using the Service and providing information

1. Visitor warrants that all data, including but not limited to the e-mail address information and telephone numbers that must be provided to Fruity King for a proper performance of the Agreement, are complete, correct, and up to date and that he will only use the Services for his own purposes.
2. Visitor is personally responsible and liable for the content he submits to the Website. Visitor warrants that:

• the content of the provided information is not in breach of the relevant laws and regulations and is not against the law;
• he shall not treat other Visitors discourteously with the information, for instance by submitting discriminatory or insulting texts, or by harassing other Visitors in other ways, and
• he shall not harm the interests and good name of Fruity King, and of the Website in prticular.
3. Fruity King reserves the right to abridge or modify the messages that are placed on the Website. Fruity King additionally reserves the right to refuse or remove messages from the Website without the Visitor being entitled to any compensation whatsoever. Messages may for instance be removed or refused in the following instances:

• the message infringes third-party (intellectual property) rights;
• the message is in violation of these General Conditions;
• the message is in breach of Dutch laws and regulations.

Article 8 - Password and Access Code

1. If so agreed, Fruity King will provide the Visitor with an access code or password, or Fruity King will offer the Visitor the possibility to create his own access code/password. Visitor is not authorised to let third parties use the access code and password and fully indemnifies Fruity King against all third-party claims in respect of loss or damage or otherwise caused by the use that is made of the Service and the Website via the Visitor's access code and password.
2. Fruity King may change the password or access code where a proper functioning of the Services so requires.

Article 9 - Exclusion and termination

1. Fruity King reserves the right to deny Visitor all further use of the Website and to terminate the Agreement with Visitor, without any obligation to refund any fees that have been paid, if the Visitor:
• infringes third-party (intellectual property) rights;
• acts in breach of Dutch laws and regulations;
• violates these General Conditions in any other way;
• has not used the Services for a consecutive period of more than three months.

Article 10 - Liability

1. Fruity King's entire liability due to an attributable failure to comply with the Agreement is limited to compensation of the direct loss, with a maximum of EUR 50 per event, whereby a series of related events is deemed to be one event.
2. "Direct loss" is understood to mean only:
• the reasonable costs Visitor would have to incur to have Fruity King's performance brought in line with the Agreement; this replacement compensation will however not be payable if the Agreement is terminated by or on the demand of Visitor;
• the reasonable costs incurred in order to determine the cause and extent of the loss, provided that determining this is directly related to direct loss as defined in these General Conditions;
• the reasonable costs incurred in order to prevent or limit the loss, provided that the Visitor is able to demonstrate that these costs have resulted in limiting the direct loss as defined in these General Conditions.
3. Fruity King shall in no event be liable for any indirect loss suffered by Visitor or by third parties, including consequential loss, loss of turnover and profit, loss of data and immaterial loss, related to or arising from the Agreement or the use of the Services.

Article 11 - Changes in the General Conditions

1. Fruity King may modify these General Conditions. Fruity King will disclose the amended General Conditions at least one month before they become effective. Parties will be bound to these amended General Conditions as from the day on which they become effective. If a change in the General Conditions results in a substantial weakening of Visitor's position, the Visitor may terminate the Agreement as per the day on which the amended General Conditions come into effect.

Article 12 - Applicable law

1. All (legal) relationships between Fruity King and Visitor are governed by Netherlands law.
2. Parties undertake to submit all disputes arising from the legal relationship referred to in the previous paragraph to the exclusive jurisdiction of the competent court in Amsterdam, except where mandatory provisions stipulate otherwise.
3. If Visitor is a natural person who does not act in the practice of a profession or conduct of a business, Visitor may opt, within one month after Fruity King has invoked in writing to Visitor the choice of venue as referred to in article 12.2, for having the dispute settled by the court that is competent according to the law.