Arbitration Agreement Overview

Welcome to a detailed overview of the Arbitration Agreement with GUTRICIOUS. This agreement significantly influences your legal rights, including the limitation of your ability to resolve disputes with GUTRICIOUS through litigation.

Third-Party Beneficiaries

Both you and GUTRICIOUS recognise that GUTRICIOUS, its Affiliates, and their Personnel are beneficiaries under these Terms. Upon your acceptance, they gain the enforceable right to uphold these Terms against you.

(a) Arbitration Rules & Agreement

Should any disputes arise from these Terms, initial attempts at resolution should be made through earnest negotiation. Failing resolution, disputes will be resolved via binding arbitration in The Netherlands, adhering to the Netherlands Arbitration Institute (NAI) Rules. This process will be overseen by an arbitrator with expertise in intellectual property and commercial contract disputes, conducted in English.

(b) Arbitration Costs

The arbitration process is subject to the governing Rules. For claims not exceeding five thousand euros (€5,000), GUTRICIOUS will bear all arbitration fees. GUTRICIOUS will not seek its legal fees during arbitration unless your claim is judged to be without merit.

(c) Small Claims & Intellectual Property Rights

You may pursue disputes eligible for small claims court in The Netherlands, or within your local jurisdiction. Both parties retain the right to seek injunctive relief in a competent court to prevent the infringement of intellectual property rights.

(d) Jury Trial Waiver

By agreeing to arbitration, you and GUTRICIOUS willingly waive any right to a jury trial for disputes between you two.

(e) Class Action Waiver

All disputes must be resolved on an individual basis, either through arbitration or litigation, excluding any form of class or consolidated actions. If this waiver is deemed invalid, neither party has the right to arbitration and must bring disputes to court.

(f) Opt-out Provision

Within 30 days of acceptance, you have the option to opt out of this arbitration agreement by sending a written notice to GUTRICIOUS at the provided address. This notice must include your name, address, contact details, and a clear declaration of your decision to opt out.

(g) Exclusive Venue for Litigation

Should you choose to opt out or if arbitration is deemed inapplicable, any disputes (aside from those eligible for small claims court) will be litigated in courts located within The Netherlands, following the appropriate legal jurisdiction and venue.

(h) Severability & Survival

Should the prohibition against class actions and other claims involving third parties be found unenforceable, the entire arbitration agreement becomes void. Notwithstanding the termination of your relationship with GUTRICIOUS, this agreement's provisions remain in effect.

By engaging with this agreement, you acknowledge and agree to the outlined arbitration procedures and how disputes with GUTRICIOUS will be resolved.