TERMS OF USE

General

This web site is administered by Spyker N.V. (Spyker).

The Terms of Use hereunder apply to the internet site http://spykercars.com and all pages related to this site (the “Site”). This Site is made available by Spyker N.V. (hereinafter “Spyker”). The following information applies to Spyker:


Place of business: Edisonweg 2, 3899 AZ, Zeewolde, the Netherlands;
Registered seat: Zeewolde, the Netherlands;
Chamber of commerce: Gooi-, Eem- and Flevoland, the Netherlands;
Trade Registry number: 08065771;
VAT-number: NL 8128.38.634.B.01.

Please read these terms of use carefully.

These terms of use apply to all visits to and use of this Site as well as to all information, recommendations and/or services provided to you on or through this Site.

By getting access to this Site and/or using the information provided on or via this Site you agree to be bound by these terms of use. In the event of any conflict between the terms and conditions of specific products and services and these terms of use, the conditions specific to such products and services shall prevail.

If any provisions of these terms of use are or become partially void, the other provisions of these terms of use shall remain in full force.

Use of this Site

The information provided on or via this Site should not be used as a substitute for any form of advice. Decisions based on this information are for your own account and risk.

Although Spyker attempts to provide accurate, complete and up-to-date information, which has been obtained from sources that are considered reliable, Spyker makes no warranties or representations, express or implied, as to whether information provided on or via this Site is accurate, complete or up-to-date.

Spyker controls and maintains this Site from the Netherlands and makes no representation that the information provided on or via this Site is appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws.

Spyker does not represent or warrant that this Site functions without error or interruption.

Use of this Site that may hinder the use of other internet users, that can endanger/jeopardise the functioning of this Site and/or affect the information provided on or via this Site or the underlying software, is not permitted.

Sensitive data

Spyker does not seek to collect sensitive personal data (such as data revealing political opinions, religious beliefs or data concerning health or sex life) through this site. If Spyker does seek to collect such data, your prior consent hereto will be asked. Please note that, by providing Spyker with unsolicited sensitive personal data you consent to our using those data as described above.

Third party information, products and services

Where Spyker provides hypertext links to third party internet sites, such links are not an endorsement by Spyker of any products or services provided on or via such internet sites. The use of such links is entirely at your own risk and Spyker accepts no responsibility or liability for the content, use or availability of such internet sites. Spyker has not verified the truth, accuracy, reasonability, reliability, completeness of any content of such internet sites. Spyker is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with linked sites, unless specifically agreed otherwise in writing. Deviating usage terms and conditions may apply to linked web sites.

The information supplied on models and their characteristics corresponds to the definition applicable when the pages of the site are created or updated: this information is provided for information purposes only. You cannot derive any rights from this information and it cannot be considered as contractual.

Privacy

The privacy statement as to the use of the Site and the personal information collected during the use of this Site is available at spykercars.com/privacy.

Intellectual Property

The Spyker brand name, logo, as well as the name of the vehicles and slogans used are, unless otherwise stated, registered trademarks. Spyker, or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property rights) in relation to all information provided on or via this Site (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this Site in any form without the prior written consent of Spyker or the appropriate consent of the owner. However, you may print out and/or download information contained on this Site for your own personal use.

Spyker reserves the right to modify the characteristics of the models presented without notice.

Linking to the Site

A link to the Site is not permitted without the prior written consent of Spyker. Approval can be granted by sending an e-mail to the following address: info@spykercars.com. After receiving the written consent from Spyker the following conditions shall apply:

The hyperlinks may refer solely to the openings page of the Site (spykercars.com);

Placing so called "deeplinks" or "inline links" directly to certain parts of this Site is prohibited, unless explicitly agreed otherwise in writing. A hyperlink may not be set up in such a way that an internet user views this Site in the frame of another internet site;

Visiting this Site by automated means e.g. by using "crawlers" or "autobots" in order to systematically retrieve information there from or to functionally link the content of this Site to another internet site is not allowed without the written consent of Spyker.

Communication on line

Messages that you send to Spyker by e-mail may not be secure. Spyker recommends that you do not send any confidential information to Spyker by e-mail. If you choose to send any messages to Spyker via e-mail, you accept the risk that they may be intercepted, misused and modified by a third party.

Exclusion of liability

Neither Spyker nor any of its subsidiaries, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to financial losses, lost of profits or breach of the brand image arising in any way in connection with the use of this Site, including but not limited to, (i) any defects, viruses, or other malfunctions caused to any equipment and other software in connection with access or use of this Site, (ii) the information provided on or via this Site, (iii) the interception, modification or misuse of information transmitted to Spyker or transmitted to you, (iv) the functioning or non-availability of this Site, (v) the misuse of this Site, (vi) the loss of data, (vii) downloading or use of any software made available by this Site, or (viii) claims of third parties in connection with the use of this Site.

The exclusion of liability is also made for the benefit of directors and employees of Spyker and its affiliated companies.

Disclaimer regarding financial information and investment decisions No information at this Site is intended as an invitation to invest in Spyker or any of its affiliated companies.

Applicable law

This Site and its terms of use shall be governed by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with these terms of use, including disputes concerning the existence and validity thereof, shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.

Amendments

Spyker reserves the right to change the information provided on or via this Site, including these terms of use, at any time and without notice. The revised version of these terms of use shall apply to any subsequent use of the Site after they have been published on the Site. It is recommended that you review the information provided on or via the Site, including the terms of these terms of use, periodically for changes.