Updated and effective as at January 19, 2021
Information on the Site is subject to change without prior notice and should be verified by users.
II. LEGAL POLICY
Terms and Conditions of Use
Thank you for visiting the ERESM B.V. website (hereinafer “Site”). This Site is provided for your informational purposes only. This Site is provided to you by ERESM B.V., its subsidiaries, affiliates, successors, assigns and third-party service providers and as agent / property manager of: ERES LP and ERES NL Holding B.V. (“the Landlord(s)”) (collectively “ERESM”). Your use of this Site is subject to these terms and conditions of use (hereinafter “Terms”) and our Privacy Statement. Your use of this Site constitutes your agreement to these Terms. If you do not agree with these Terms and our Privacy Statement (www.eresm.nl/en/privacy/), you may not access and/or use this Site. You may print and keep a copy of these Terms.
Modifications of Terms and Conditions of Use
ERESM reserves the right to change or modify these Terms at any time. ERESM shall post all changes or modifications to these Terms on this Site. Each use of this Site shall constitute your acceptance of the then current Terms posted on the Site at the time of such use.
Use of this Site
The information and materials contained at this Site, including but not limited to the text, graphics, sound files, video files, logos, images, arrangement and general design of the Site (collectively, the “Content”) is owned or licensed by ERESM and are subject to intellectual property rights owned by ERESM and/ or third parties and ERESM authorizes you to view or download the Content solely for your personal, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use the Site and/or any Content. You may not use the Site and/or any Content for commercial purposes without obtaining ERESM’s prior written consent, which consent may be withheld at ERESM’s sole discretion.
You may not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which is contrary to any local, provincial, national and international laws or regulations which are applicable to your use of this Site. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.
Although ERESM uses reasonable efforts to update and review the accuracy of the Content, ERESM makes no warranties or representations that the Content is current and/or accurate. ERESM assumes no liability or responsibility for any errors contained in the Content.
Users should check with the individual building management to confirm the length/term of a lease.
Information, including availability, features, floor plans and rent ranges, are subject to change without prior notice and should be verified by users. Prices, apartment or lease specifications and all other Content is made available for information purposes only and may not be accurate or complete. Any rate or lease calculation is provided as an estimate for your reference only. Only a ERESM representative and/or the Landlord can provide you with the actual price or lease cost, as applicable, of any lease or services you may wish to apply for.
Modification of Content
ERESM reserves the right to make changes to and delete the Content at any time without notice.
If a posted price for a lease or apartment is incorrect, ERESM (as agent to the Landlord) is only responsible for the correct price, which ERESM shall provide you with upon becoming aware of any error. ERESM and/or the Landlord reserves the right to refuse or cancel any leases, listings or services displayed at an incorrect price.
Any personal information that you submit to us or post on this site will be treated in accordance with our Privacy Statement: www.ERESM.nl/privacy-statement. By submitting or posting your personal information, you are indicating your acknowledgement of our collection, use and disclosure of such personal information in accordance with our Privacy Statement.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. ERESM DISCLAIMS TO THE EXTENT PERMISSABLE BY APPLICABLE LAW ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT.
ERESM DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES (SAVE FOR DEATH OR PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH ERESM’S NEGLIGENCE) INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO 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 INFORMATION PERTAINING TO YOUR OWNER’S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT ERESM SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.
Limitation of Liability
IN NO EVENT SHALL ERESM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF ERESM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. IN ANY CASE, THE ENTIRE LIABILITY OF ERESM UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO EUR €5.00.
Links to external third party web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by ERESM of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between ERESM and the Linked Sites. ERESM is not in control of any of the Linked Sites and is not responsible for availability or the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
ERESM accepts no responsibility for Linked Sites or for any loss or damage that may arise from your access and/or use of them.
You agree to defend, indemnify and hold ERESM, its employees, directors, related entities and the Landlord(s) harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of these Terms by you in connection with your use of this Site.
If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Unless specifically provided herein, these Terms and the Privacy Statement and Cookie Statement constitutes the entire agreement between you and ERESM with respect to your use of this Site (the “Agreement”). This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.
ERESM reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice, if you are in breach of any of the provisions herein.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Dutch Law. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the Dutch Courts, for all matters, claims, disputes or issues arising out of or relating to your use of this Site and/or these Terms, Privacy Statement and Cookie Statement. Nothing in these Terms will prevent ERESM from bringing proceedings in the Courts of any other county or territory with jurisdiction.
At ERESM, we are committed to protecting your privacy through practices that limit the collection, use, disclosure, disposition and destruction of personal information. By providing us with your personally identifiable information, you acknowledge our collection, use and disclosure of such information in accordance with our Privacy Statement: www.eresm.nl/privacyverklaring/.
Sarphati Plaza, Floor 8, Rhijnspoorplein 104, 1018 TX
Tel: +31 20-2358812
Registration number trade register: 69073422