Terms and conditions of use
By making use of the GOOSE VPN provision of service you agree to our Terms and Conditions of Use, Privacy and Refund.
Article 1 General
1.1 These terms and conditions apply to the agreement between GOOSE and the user related to the delivery of the VPN service by GOOSE. These terms and conditions form an integral part of the agreement.
1.2 The user of GOOSE’s VPN service agrees without any proviso to all Terms and Conditions and the Privacy Statement of GOOSE.
1.3 General terms and conditions or stipulations on the part of the user are expressly rejected by GOOSE.
1.4 Derogations from these provisions will only be valid if these have been expressly agreed and recorded in writing between GOOSE and the user.
Article 2 Coming into effect of the agreement
2.1 An offer and/or quotation from GOOSE will be an invitation to the potential user to choose one of the subscriptions. The agreement between GOOSE and the user will come into effect when GOOSE accepts the choice of the user electronically. GOOSE will not be obliged to acceptance thereof.
2.2 The user must generate an account to be able to make use of the VPN service, which account will provide GOOSE with the necessary data for the provision of the service, the payment and the statutory obligations GOOSE must comply with.
2.3 The user must transfer an amount as set out on the website for the verification of the data in the account.
2.4 Following the verification of the account and the acceptance by GOOSE the VPN service will immediately be made available for the user within the preconditions of the chosen subscription.
2.5 The user guarantees the provision of correct personal data to GOOSE, including the address, place of residence, telephone and account numbers. Changes of personal data must be passed onto GOOSE as soon as possible in writing or electronically.
Article 3 Duration, amendment and termination of the agreement
3.1 The agreement is entered into for a fixed or indefinite period.
3.2 Following the end of the first agreed period, the agreement for a fixed period will be converted into an agreement for an indefinite period. Unless GOOSE or the user state electronically or in writing prior to the expiry of the agreed period that they do not wish the agreement to continue.
3.3 The user can choose another subscription at any desired time. It is possible to extend or to reduce the subscription. There will be no refund in the event of change to a more restricted (cheaper) subscription. Setoff will take place, if applicable, against a payment already made in the event of change to a more extensive subscription.
3.4 The user can cancel the subscription without statement of reason by means of email, telephone or the cancellation form, within the first 30 days. This arrangement applies only to new users. Commercial users as well as consumers can make use of this arrangement.
3.5 In all other cases cancellation can take place at any desired time within the duration of the chosen subscription. In that case the user will not have the right to refund of the subscription costs paid in advance.
Article 4 Amendments
4.1 GOOSE has the right at any time to adjust these terms and conditions, the privacy statement, and the technical characteristics of the service and rates.
4.2 Amendments will be electronically notified to the user.
4.3 Amendments will come into effect 1 month after notification.
4.4 If the amendment(s) objectively disadvantage the user, the user will have the right to cancel the service within the month referred to. Refund will be provided, upon the request from the user, for the months that have not yet been used.
4.5 If a judicial decision, or a statutory provision, and/or measures ensuing therefrom for GOOSE, compel GOOSE to adjust these terms and conditions, privacy statement, service and/or rates, the user will not have the right to interim termination of the service.
4.6 If one of these provisions under these terms and conditions is wholly or in part in conflict with a statutory provision, or is null and void, the remaining terms and conditions will remain in full force. A new provision will replace the old earlier provision, whereby the original intention will be approached as closely as possible.
Article 5 Obligations on the part of the user
5.1 The user will not breach any legal rules.
5.2 The user will refrain from conduct whereby, or as a result of which, other internet users will (can) experience hindrance, or whereby, or as a result of which, third party rights are infringed.
5.3 The user will not undertake any activities as a result of which damage can be caused to GOOSE’s system.
5.4 Legitimate Peer to Peer traffic and sharing files is only permitted on specific servers, which are marked in the server list in GOOSE’s client software with ‘P2P’. This is prohibited on servers marked with ‘No P2P’. Breach of this prohibition will immediately result in the termination of the user account without any right to refund.
5.5 The user will be obliged, as an internet user, to behave responsibly and carefully.
5.6 The user will not make his/her account available to third parties. The user will be responsible for all activities, which take place via or with the aid of the user’s account, whether or not with the user’s permission.
5.7 If it has been noticed or is suspected that the user does not, or does not sufficiently, comply with the obligations set out, GOOSE will have the right to close down the service, whether or not entirely, for this user. In that event GOOSE will not be liable for potential damage on the part of the user or a third party resulting from the closing down.
5.8 If the user does not act in accordance with the provisions above, GOOSE will be entitled to impose instructions on the user. The user will be obliged to follow these. Any financial consequences will be at the user’s expense. If this situation occurs the user cannot make claim to any refund.
5.9 GOOSE has the right to take all measures that are necessary to protect its network, its users and third parties, against impermissible conduct – in whatsoever form – on the part of specific users.
Article 6 Availability and fair use policy
6.1 GOOSE arranges the service as it deems most suitable. GOOSE will be entitled to change procedures and the technical aspects of the service.
6.2 GOOSE makes endeavours to be of service to its users in the best possible manner in the field of speed, availability, security and usability. However, GOOSE cannot guarantee this due to inter alia breakdowns, necessary maintenance and adjustments of the system for improvement.
6.3 GOOSE does not apply a strict bandwidth limitation in its most extensive subscription. However, a fair use policy does apply. Users, who use more than 1% of the entire bandwidth of the GOOSE network, will be approached by GOOSE to reduce the use, or to make a higher payment.
Article 7 Rates and payment
7.1 Goose charges a payment for the use of the service in accordance with the rates published in GOOSE’s website.
7.2 All rates referred to on the website are including VAT and any other duties or taxes imposed by authorities.
7.3 If the agreement is converted into an agreement for an indefinite period the collection of the payment will take place by means of direct debit collection.
7.4 The collection will take place prior to the provision of the service.
7.5 It is assumed for the recording of the amount of the collection that the user continues with his/her choice of package, unless the user has notified otherwise.
7.6 GOOSE will in advance notify the date on which the direct debit collection will take place by means of an electronic message or an invoice.
7.7 The user will be in default without further notice of default if the direct debit collection cannot take place. GOOSE will forward a payment reminder to the user whereby the user will be provided with the opportunity to pay within 14 days.
7.8 The user will owe default interest from the date of the default at the statutory interest rate applicable at that time. The user will be obliged to pay any judicial and extrajudicial costs to GOOSE.
7.9 If GOOSE at any time has doubts regarding the user’s creditworthiness, GOOSE will have the right to demand specific security, such as a security deposit or bank guarantee.
7.10 The user must make objections against the amount of the collection apparent within 30 days. The user will be deemed to agree to the amount of the collection after this period.
Article 8 Force Majeure
8.1 If GOOSE, due to a non-attributable failure (force majeure) cannot fulfil its obligations, the fulfilment of these obligations will be suspended for the duration of the force majeure.
8.2 A failure in the provision of service cannot be attributed to GOOSE if this cannot be blamed on fault on its part, or a cause for which GOOSE is not accountable by law, by legal act or according to generally accepted standards. These circumstances also include, but are not limited to: power failures, war, environmental disasters, breakdowns of the internet connection, breakdowns in the telecommunication infrastructure, breakdowns of networks, failures on the part of engaged third parties, or suppliers, strike actions and business closures.
8.3 In the event of force majeure the obligation on the part of GOOSE of fulfilment of the agreement will lapse. In that event GOOSE will not owe any compensation. GOOSE will be exclusively obliged for a consumer-user to provide refund of the subscription fee pro rata the duration of the breakdown, unless this cannot be required of it in all reasonableness, with due regard to the duration and the circumstances.
8.4 If the force majeure lasts for more than four weeks, both parties will have the right to terminate the agreement wholly or in part, insofar as this is justified by the force majeure. The user will not have the right to any compensation in the event of force majeure on the part of GOOSE.
Article 9 Default and termination
9.1 In the event of default on the part of the user, or in one of the cases below under article 9.4 all GOOSE’s claims against the user, on whatsoever basis, will be immediately due and payable in full, and GOOSE will be entitled to suspend the provision of the service. The above will not affect any of GOOSE’s other rights on the basis of the law or the agreement.
9.2 If the user is in default GOOSE will provide the service again if the user still fulfils the obligations within the period set out by GOOSE. The user will owe the costs for this recommencing of the service.
9.3 GOOSE as well as the user can terminate the agreement if the other party does not properly fulfil one or more of the other party’s obligations on the basis of the agreement, insofar as this failure justifies the termination. If fulfilment is still possible the agreement can only be terminated after the other party has been given demand in writing and the failure is not eliminated within the period stated thereby.
9.4 In the event of (provisional) moratorium, bankruptcy, cessation, or liquidation of (the business of) the user, or if the user is or has become legally incompetent, is placed under a regime of administration, or in any other manner whatsoever loses the free disposition over his/her assets, the agreement will be terminated by operation of law.
Article 10 Complaints
10.1 Complaints regarding defects/breakdowns in the service must be reported to GOOSE electronically or by telephone as soon as possible after the discovery thereof. The user will be obliged, after noticing any breakdown, to do, and to refrain from, anything that is reasonably possible for the prevention of damage. The user will provide all cooperation necessary for the inspection and the solution of the compliant, inter alia by providing GOOSE with the opportunity to conduct an inspection of the circumstances of the use of the service and the factors related thereto.
10.2 If the user makes a complaint regarding defects in the service correctly, justifiably and in a timely manner, GOOSE will make endeavours to resolve the defect as soon as possible. GOOSE will state, if possible, when the defect has presumably been solved. If the user does not make a compliant in a timely manner the user will loss his/her rights.
10.3 The costs of the breakdown inspection and the costs for eliminating the breakdown will be at GOOSE’s expense. If the breakdown is the result of an attributable failure on the part of the user, GOOSE can charge on these costs to the user.
10.4 GOOSE will not be obliged to any payment (of compensation) if GOOSE has fulfilled the obligation included in this article.
Article 11 Liability
11.1 GOOSE will not be liable for any consequential loss, which the user or a third party might suffer due to the use of the service. This also includes, but is not limited to: trading loss, lost profits, loss or theft of data, intangible loss, unauthorised access to confidential information. Consequential loss is also loss or damage related to, or resulting from, interruptions or blocking of the access to GOOSE’s network, the internet of GOOSE or third parties, a defect in the security of the information stored by the user, acts on the part of other users, or other internet users, and lastly, changes in login procedures and account data.
11.2 In any event the contractual and legal liability on the part of GOOSE towards the user, non-consumer, will be at all times limited to the payments excluding VAT actually made by the user to GOOSE during the ongoing contract year, which will be with a maximum of EURO 100 per incident, whereby a related series of incidents will apply as one single incident.
11.3 GOOSE will only be liable towards the user per incident to a maximum of the (annual) subscription owed by the user to GOOSE. GOOSE will only be liable towards one and the same user per year to a maximum of twice the (annual) subscription owed by the user to GOOSE.
11.4 If several users are affected at the same time by damage caused by GOOSE, GOOSE will be liable in that case towards all users jointly up to a maximum amount of EURO 500.
11.5 Damage must be reported as soon as possible to GOOSE in writing or electronically, but no later than within four weeks after the arising thereof. Damage that has not been brought to the attention of GOOSE within this period will not be eligible for compensation.
Article 12 Indemnification by the user
The user indemnifies GOOSE against claims by third parties for compensation of damage, which these third parties could (attempt to) recover from GOOSE in any manner whatsoever, due to the fact that use has been made of GOOSE’s service, or as the case may be due to the user not having fulfilled the user’s obligations towards GOOSE.
Article 13 Intellectual property
13.1 The user exclusively acquires a non-exclusive and non-transferable right to use GOOSE’s service together with the documentation and software forming part thereof. All intellectual property rights thereto are vested in GOOSE and/or its suppliers.
13.2 Copying the documentation for normal personal use and backup purposes is permitted. When making copies all references determining the ownership and origin must remain unaltered.
Artikel 14 Contract takeover
14.1 The user will not be entitled to transfer rights and obligations under the agreement to a third party without permission in writing from GOOSE. Conditions can be attached to this permission.
14.2 GOOSE will be entitled to transfer its rights and obligations under the agreement to a third party, if this takes place in the context of the transfer of (a part of) the enterprise run by GOOSE.
Article 15 Time limit
All causes of action ensuing for the user, who is not a consumer, on the basis of this agreement will lapse by means of the expiry of two years, to be calculated from the day following the day on which the claim has become due and payable.
Article 16 Applicable law and disputes
16.1 The law of the Netherlands applies to these Terms and Conditions as well as to the agreement.
16.2 The applicability of the Vienna Sales Convention 1980 is expressly excluded.
16.3 If the user and GOOSE are in a dispute in the course of which it is not feasible to reach a mutually satisfactory solution the dispute will be made pending before the court with competent jurisdiction in Rotterdam.
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