Terms of service

GENERAL TERMS AND CONDITIONS OF USE (GTCU) OF THE WEBSITE

Initiatief van YB Group, acting on the name and on behalf of its subsidiaries, including all the companies of SAS YB NL B.V, to which Hectool belongs, has opened the website "https://hectool.com " (hereinafter referred to as the "marketplace"), accessible only to business users (hereinafter referred to as "the User") wishing to purchase products available on Hectool’s website for the needs of their business or wishing to sell products through Hectool.

Hectool’s internet platform (hereinafter: “Marketplace”) allows third-party providers (sellers) (hereinafter: "Suppliers") the opportunity to sell their products and goods via the internet under their own name and for own account to registered business customers who are entrepreneurs (buyers) (hereinafter "Customers").

Parties active on the Hectool’s Marketplace, both “Suppliers” and “Customers”, are  hereinafter collectively referred to as the "Users".

Access to the marketplace is subject to compliance with the general terms and conditions governing access and use set out below as General Terms and Conditions of Use (“GTCU") and all the applicable Dutch laws an legislation. Thus, by using the Marketplace, User confirms that he has read, accepted and complied without reservation with these GTCU.

1. INFORMATION CONCERNING PRODUCTS AND SERVICES

This marketplace provides a general overview of the product and service range of Hectool’s Suppliers. It is intended for business users only, access by consumers is prohibited. This marketplace may be updated at any time without notice.

Text information, photographs, or any other kind of information presented on the marketplace, are provided for reference purposes only, they shall not be deemed contractual documents liable to provide grounds for any type of legal proceeding.

Hectool hereby reserves the right to alter information provided on this marketplace, particularly concerning the technical features of products presented, at any time, without any prior notice, taking into account marketplace interactivity, without Users being able to be held liable.

Prices and features of Products offered on the Marketplace are correct at the time they occur and may change at any time without prior notice from Hectool.

With regards to prices, these are the maximum recommended prices.

Furthermore, all Products mentioned on the marketplace are not necessarily available. Hectool will advise its Users concerning the availability of Products offered. Suppliers remain responsible for managing their own product range at all times. This includes but is not limited to indicating which of their products can be sold in what country.

The information on Products is not necessarily valid in all countries. In particular, it is possible that certain Products appearing on the marketplace may not be available in all countries, without these constituting grounds for a claim against Hectool. Any Product described or contained in the marketplace is likely to be protected under Intellectual Property law. No use or appropriation of these intellectual property rights is authorized by these GTCU.

1. PASSWORD ANS ACCESS CODE MANAGEMENT

To use Hectool's platform, Users must register by creating an account on Hectool's website. After completing the verification process, access to the website is granted.

When logging into Hectool’s Marketplace (private portals intended exclusively for business users), Users enter an account name and a password.

It is User’s responsibility to provide all required data correctly, including in particular a valid e-mail address. The e-mail address provided by User is the contact address between Hectool and User. Hectool sends all information relating to the contractual relationship to this contact address.

Users are solely responsible for preserving the confidential nature of their account and password and for any actions carried out using their account and/or with your password. Users undertake to advise Hectool immediately of any unauthorized use of their account and/or password, and ensure that they disconnect after each session. Hectool cannot be held liable for any loss or damage resulting from a breach of said obligations.

Hectool reserves the right to revoke Marketplace access of Users in case they use their accounts  for actions that are not in line with the General Terms and Conditions of Use.

1. INTELLECTUAL PROPERTY RIGHTS

All the content of this marketplace, of whatever nature, is governed by the Dutch Intellectual Property Code. The presentation and content of the marketplace constitute a work protected by the Dutch laws in force on intellectual property, of which Hectool is the owner. All rights reserved.

Hectool certifies that it holds or has the necessary authorizations for the use of all denominations or trade names, logos, names of products and services in the range, as well as the works integrated into the marketplace, such as photographs, texts, slogans, drawings, models, images, animated sequences with sound. Denominations or trade names, logos, the names of products and services belonging to the range are, with some exceptions, trademarks filed by Hectool.

Other trademarks are also mentioned. These are either used by Hectool with the authorization of their owner, or simply to point out the products or services offered by Hectool.

Photographs, texts, slogans, drawings, models, images, animated sequences, accompanied by a soundtrack or not, as well as any other works incorporated into the marketplace or any other content are the property of Hectool or third parties who have authorized Hectool to use said contents. Any commercial exploitation, reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the marketplace, and/or its content,

without having obtained Hectool’s prior authorization, is strictly prohibited and constitutes an offence of counterfeiting.

Notwithstanding the foregoing, only reproductions, on paper or computer media, of the said Site and/or its content are authorized for information purposes provided that they are strictly reserved for private, non-commercial use, excluding any use for advertising and/or commercial and/or information purposes and/or that they comply with the provisions to the Dutch Intellectual Property Code.

Any copy for such use as defined above must mention Hectool's copyright and property rights. We reserve the right to terminate this authorization at any time, by sending a notice addressed personally to the User or published on the marketplace. Any use of this information must then be immediately discontinued.

1. PERSONAL DATA AND COOKIES

V.I. PERSONAL DATA

The information Hectool receives from the User corresponds to the information required to use the marketplace.

This information is necessary to allow the User to access the Hectool marketplace, to receive the Hectool Newsletter (electronic newsletter), but also to allow Hectool to respond to your information requests.

Hectool is the data controller.

The data that the User communicates to Hectool is kept by Hectool for a period of three years. In accordance with the legal and regulatory provisions in force concerning the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, The User has the right to access, rectify and, if necessary, delete data concerning the User. User may also, for legitimate reasons, object to the processing.

These rights can be exercised by simple written request sent by e-mail to Privacy@Hectool.com or by post to the Compliance Department (Initiatief van YB Group) Dept.: Compliance. Kinderhuissingel 6A, 2023 AS Haarlem, The Netherlands). Regarding the Privacy Policy, The User can access it on the marketplace.

V.II. COOKIES

Certain pages of the marketplace may use cookies, the purpose of which is to access information stored in Users’ connection terminal and in particular to record information relating to Users’ browsing on the marketplace, and to store information that the Users entered during their connection in order in particular to facilitate their navigation during their next connection.

Hectool stores your data in accordance with the legally applicable retention periods and in compliance with applicable laws and regulations.

User can, by configuring your browser, oppose the registration of these cookies and/or delete them at any time and individually.

1. HYPERTEXT LINKS

Hectool cannot under any circumstances be held responsible for sites with a hypertext link to this marketplace and disclaims all liability for their content and use.

In addition, the marketplace may contain references and hypertext links to third-party websites. Hectool does not control these websites and cannot be held responsible for such sites and disclaims all liability for their content and use.

1. LIABILITY

Access to the marketplace and the use of its content is under Users’ full responsibility.

Users themselves are responsible taking appropriate virus protection measures using Hectool’s platform; Hectool disclaims any responsibility or liability for the use of Hectool’s platform.

Hectool cannot be held liable in the event of abnormal or fraudulent use on Users’ part. The User will therefore be solely responsible for any direct or indirect damage whatsoever that may result from their access to or use of the Marketplace.

Hectool will make its best efforts to guarantee the User optimal use of the Site.

However, Hectool declines all liability in the event of errors, interruptions or malfunctioning of the Internet network and telecommunications systems caused by third parties, as well as in the event of temporary impossibility of access to the marketplace, in particular due to maintenance or updating of the marketplace or a cyber-attack.

Subject to compliance with the legal provisions of public order, the content of the marketplace is presented without any guarantee of any kind whatsoever, the information being provided for information and guidance purposes only; Hectool does not guarantee the accuracy of the information contained on the marketplace.

Information on models and their characteristics is given for information purposes only and may not be considered as constituting a contractual offer of products from Hectool, or its subsidiaries.

Hectool does not guarantee that the marketplace and its content comply with the legislation of the User’s country. Access to products presented on the marketplace may, in particular, be subject to restrictions. The User must therefore ensure that the law of the country from which the connection is established authorizes the User to access the marketplace and Users are solely responsible for using the marketplace in accordance with the applicable laws and in particular the public order laws in force in Netherlands.

The User agrees to defend, indemnify and hold harmless Hectool, its subsidiaries, and members of its network from and against any and all claims and expenses, including legal fees, that it may incur as a result of the User using the marketplace or by any other person using the Users’ account. Hectool reserves the right to conduct an exclusive defense against the claim for which it is to be held harmless under this article. In this case, User must provide Hectool with all assistance reasonably required by Hectool.

1. ETHICS

User undertakes to comply with the regulations in force in terms of ethics and, in particular, not to perform any act that could constitute illicit solicitation, fraud, active or passive bribery, unethical commercial practices or practices contrary to applicable law.

1. SUSPENSION – WITHDRAWAL OF ACCESS RIGHTS

Hectool is entitled at any time to suspend or delete the User’s access right by blocking access data without providing reasons, especially if the User has :

• Provided false information during registration;
• Not respected the provisions of the GTCU or the duty of care with regard to the processing of access data;
• Infringed applicable law with regard to access to or use of the marketplace or ;
• Been inactive on the marketplace for a period of at least 24 months.

1. MISCELLANEOUS PROVISIONS

In the event that any provision of these GTCU is held to be illegal, invalid or unenforceable under any law, regulation or treaty applicable to the GTCU, such provision shall be deemed ineffective without this affecting the other provisions of the GTCU which shall remain in full force and effect.

These GTCU contain the entire agreement between Hectool and the User for the use of the marketplace. For any order placed on the marketplace, Hectool's General Terms and Conditions of Sale and Provision of Services shall be applicable to the purchase that the User make and shall prevail over the GTCU in the event of any contradictory provisions.

1. APPLICABLE LAW – SETTLEMENT OF DISPUTES

These GTCU are subject to Dutch law to the exclusion of its conflict of law rules. The prevailing language of the GTCU is English.

In the event of a dispute, the User and Hectool shall attempt to resolve the dispute by mediation or any other amicable solution. If the User and Hectool are unable to reach an amicable solution, the dispute shall be subject to the exclusive jurisdiction of the courts of Noord-Holland, the Netherlands.

1. USE OF ARTIFICIAL INTELLIGENCE (“AI”)

Hectool uses state of the art artificial intelligence (“AI”) technology to create an unprecedented user experience. AI can be found in many aspects of Hectool’s tools and services and is most prominently visible in the AI chatbot “Hector”.

By using the AI chatbot (“Hector”) provided by Hectool, Users agree to the following terms and conditions:

1. No Guarantee of Accuracy: Hector is an automated tool designed to assist Users in navigating the vast product catalogue of Hectool. While Hectool strives to provide accurate and relevant information, Hectool cannot guarantee the accuracy, completeness, or reliability of the responses provided by Hector.
2. No Legal, Financial or Professional Advice: Hector is not intended to provide legal, financial, or professional advice. Any information provided by Hector should not be construed as such. Users are advised to seek professional advice from qualified professionals regarding their specific circumstances.
3. No Rights or Entitlements: Using Hector does not confer any rights or entitlements to the User. Additionally, Hectool reserves the right to modify, suspend, or terminate the services of Hector at any time without prior notice.
4. Use at own Risk: The use of Hector is at User’s own risk. Hectool disclaims any liability for direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of Hector.
5. No Warranties: Hector is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Hectool disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. User Responsibility: Users are solely responsible for any actions they take based on the information provided by Hector. Users agree to indemnify and hold harmless Hectool, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or related to their use of Hector.
7. Modification of Terms: Hectool reserves the right to modify or update these terms and conditions relating to the use of Hector at any time. User’s continued use of Hector after any such changes constitutes their acceptance of the new terms and conditions.

1. UPDATING THE GTCU

Hectool hereby reserves the right to modify and update access to the marketplace as well as the GTCU at any time. These modifications and updates are binding on the User, who must therefore regularly refer to the Marketplace and to this section to check the GTCU in force.