THE COUCOU CLUB B.V.
TERMS OF SERVICE
This Site is owned and operated by the limited liability company The Coucou Club BV whose registered office is at Herengracht 498, 1017 CB Amsterdam, registered in the Amsterdam Chamber of Commerce (KvK) under: 72095857 and registered VAT number is NL858984234 Throughout the Site, the terms “we”, “us” and “our” refer to The Coucou Club. The Coucou Club offers this Website/Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of these terms and conditions, and our policies and notices.
USER ACCEPTANCE: By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound and to abide by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
CHANGES TO TERMS OF SERVICE: Any new features or tools or changes which are added to the current store and Website shall also be subject to the Terms of Service.
Amended and published Terms shall automatically be effective. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically to review the then-current Terms, because they are binding to you. Your continued use of or access to the Website and the services following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform which allows us to sell our products and services to you.
THE COUCOU CLUB SERVICES: The Coucou Club’s services, which are available on the Site help you find and browse information related to cosmetics, beauty and style, and will allow you to submit information to the Website, and enjoy a wide variety of other content for your own use and for viewing by other users (the "Services"). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site.
The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material), is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
You and The Coucou Club are independent contractors, and no agency, partnership, joint venture, and no employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
The headings used in this Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of maturity in your country of residence, or that you are the age of maturity in your country of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you are under the applicable age, you can use the Site only under the supervision of your parent or guardian who has read and accepted the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA) or the appropriate age of similar regulations in your country of residence. If you do not qualify, please do not use the Site or Services.
The Site and Services are administered in the Netherlands. Any use outside of the European Union is at the user's own risk and international users are responsible for compliance with local laws.
You may not use our products for any illegal or unauthorized purpose nor may you, violate any laws in your jurisdiction or others (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services and payment of all damages by you.
SECTION 2 - GENERAL CONDITIONS & USER INFORMATION
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve
- a) transmissions over various networks; and
- b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, distribute, modify, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us. Thereby your use of the Site as permitted is solely for personal, non-commercial use.
SECTION 3 - RESTRICTIONS ON RIGHTS TO USE
You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure.
In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify The Coucou Club of such failure or error. The Coucou Club reserves the right to change your password and username at any time in its sole discretion and you agree to notify The Coucou Club promptly of any changes to your registration details.
Furthermore, you shall not: modify, translate or reverse engineer any portion of the Site or Services (as already stated in previous section); launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to The Coucou Club servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Coucou Club grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Coucou Club reserves the right to revoke these exceptions either generally or in specific cases; collect or harvest any personally identifiable information, including names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes; solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below); remove any copyright, trademark or other proprietary rights notices contained in or on the Site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services; transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; copy or store any content offered on the Site for other than your own use; nor use any device, software or routine that interferes with the proper working of the Site and/or Services.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for information made available on this Site which is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
The Coucou Club Blog contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumour, presumption. You might disagree with our choices and that's fine with us.
The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products to do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE, PRICES AND RETURNS
The Coucou Club may change the format and content of the Site from time to time. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Prices for our products are subject to change without notice. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to products are approximate. As we process your order, we will inform you by e-mail, or telephone, if any products you order turn out to be unavailable.
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the European Union.
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.
You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:
- a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or
- b) where the Product(s) have been customised to your chosen specifications.
Your legal right as a Consumer to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. The end date is the end of 14 days after the day on which you receive the product.
To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form which can be found here (Cancellation Form) and email this to us at email@example.com. If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s) covered by the cancellation must then be returned to our office address.
When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
If you cancel your contract we will:
- a) refund you the price you paid for the products. However, please note:
(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and
(ii) we don’t do returns on Products on which you have received any promotional or other discount.
- b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, and
(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
Please note that it can take up to 14 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.
- c) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.
For more information please read our Shipping and Returns Policy on the Site.
SECTION 6 - RULES FOR PROMOTIONS
Promotional offers are valid when published online at www.thecoucouclub.com and will allow money off, free samples, free gifts or free delivery when you order from The Coucou Club. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Offers may be limited to one use per customer. We have the right to exclude brands in promotions. Also, Discounts may not be redeemed against sale items, or any other discounted items.
By participating in the Promotion, you agree to be bound by these Terms of Service and by our decisions, which are final in all matters relating to these Terms of Service, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.
SECTION 7 – PRODUCTS OR SERVICES
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to buy a Product via the Site (and The Coucou Club reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Warning: Any harmful consequence resulting from misuse or application to other body areas, not following instruction or any other improper applications is neither the responsibility of The Coucou Club or its affiliates. The sold items are never intended to diagnose, treat, cure, or prevent any disease.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You warrant that the payment card or and login you submit is yours. It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
The Coucou Club is not responsible in the event that your payment card provider refuses to authorise payments.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools, information and links over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. The Coucou Club includes these Sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We encourage you to submit to the Site a variety of content ("User Submissions"). You understand that whether or not such User Submissions are published, The Coucou Club does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorise The Coucou Club to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service;
- and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, photos, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- a) to maintain any comments in confidence;
- b) to pay compensation for any comments; or
- c) to respond to any comments.
The Site may pull content from our users who share photos and videos on Instagram or other social media platforms using our name, brand or product related hashtags, including, without limitation, #thecoucouclub, #coucou, #sharingglobalbeauty, (collectively, the “Coucou Club Hashtags”), or tagging the @thecoucouclub account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in The Coucou Club’s showroom and office space, retail locations and emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
By submitting the User Submissions to The Coucou Club, you hereby grant The Coucou Club a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and The Coucou Club’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the The Coucou Club Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive licence to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The Coucou Club reserves the right to remove User Submissions without prior notice. The Coucou Club will also terminate a User's access to the Site, if they are determined to be repeat offenders.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that The Coucou Club is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Coucou Club with respect thereto, and agree to indemnify and hold The Coucou Club, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Coucou Club all of the license rights granted herein. You further agree that your comments will not contain libelous or otherwise unlawful, defamatory, threatening, harassing, hateful, racially or ethnically offensive, abusive, pornographic or obscene material, or encourages conduct that would be considered a criminal offence, violate any law, post advertisements or solicitations of business, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We do not endorse and take no responsibility and assume no liability for any comments posted by you or any third-party.
You acknowledge that you will not be able to edit or delete any Submission after submission.
Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at firstname.lastname@example.org. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
SECTION 12 - INTELLECTUAL PROPERTY RIGHTS
The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Coucou Club, subject to copyright and other intellectual property rights under local and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Coucou Club reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You retain all of your ownership rights in your User Submissions.
SECTION 13 - COPYRIGHT INFRINGEMENT POLICY
The Coucou Club does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and The Coucou Club will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or other national copyright laws by providing us with the following information in writing:
a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to The Coucou Club through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid. It is The Coucou Club’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
SECTION 14 - TRADEMARKS
THE COUCOU CLUB and THECOUCOUCLUB.COM, are trade or service marks of The Coucou Club. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorised by The Coucou Club, in any manner that is likely to cause confusion or in any manner that disparages or discredits The Coucou Club.
The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
SECTION 15 - PERSONAL INFORMATION
You may register for an account on the Site (an "Account/Coucou Passport") or log in using your Facebook or other social media login information. To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as accessing your order history, require you to register for an Account.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Coucou Club does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, error-free or be free of software errors or computer viruses. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable or meet your requirements. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
In no case and under no circumstances will The Coucou Club, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold The Coucou Club and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, cost, claim, damages, liability, expense or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GENERAL INFORMATION & GOVERNING LAW
These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and The Coucou Club. You and The Coucou Club have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid.
These Terms of Service shall be governed by and construed in accordance with the Dutch law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Dutch Courts.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Amsterdam, August 2018, Edwin’s Law