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    Terms & Condition

    Thank you for visiting the www.esmebeautysupply.com (“ESME”) Web site. This page sets out the terms and conditions of purchase that apply to all purchase of all products (“Terms and Conditions”) which will govern your use of this site and services provided by ESME (collectively, the “Site” or the “Service”) operated and administrated by ESME or any of its affiliates, divisions, or subsidiaries that provides content or processes information received through the applicable Site, each as appropriate and applicable.

    Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Terms and Conditions. This Terms and Conditions applies to all visitors, users, and others who wish to access or use the Service (each a "User" and collectively, "Users"). Your subscription to the Service and/or any portion thereof, is governed by this Terms and Conditions.

    UPDATES

    ESME reserves the right to change, edit, or delete any documents, information, or other content appearing on the ESME or these Terms and Conditions from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, this Site thereafter. Every time you wish to use the ESME, please review these Terms and Conditions to ensure that you understand the terms that may apply to you at that time.

    OWNERSHIP OF THE SITE

    All content included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) (the “Site Content”) is the property of ESME or its content suppliers and is protected by Cyprus Laws and international copyright and trademark laws. The compilation of all content on this Site is the exclusive property of ESME and is protected by Cyprus Laws and international copyright laws. All software used on this Site is the property of ESME or its software suppliers and is protected by Cyprus Laws and international copyright laws. The Site Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of ESME, except that you may download Site Content to any single computer for your personal use only, provided you keep intact all copyright, trademark and other proprietary notices and comply with any applicable end user license agreements. No part of any Site Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use in accordance with these Terms and Conditions (but in no event for resale or redistribution). You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Site Content or other proprietary information of ESME without first obtaining the express written consent of ESME.

    MODIFICATION

    ESME reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that ESME will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

    USER INFORMATION

    It is the User’s responsibility to ensure that they should provide the correct information of delivery & applicable VAT number. In case the User makes any changes about User information, ESME carries the right to verify the new information and will within 24 working hrs, re-evaluate the Users account details for approval.

    DELIVERY AND DELAY

    Products in stock will be shipped immediately upon the placement of orders or at the least the following working day. Products which are not in stock will be shipped normally within 2-10 working days.

    The ESME must notify to the Users if the orders placed are delayed for more than 10 working days. In such case the User shall have the right to cancel their order within 24 hours.

    As per law maximum delivery time is thirty (30) working days, however it will not take more than 2-10 working days.

    ESME is not responsible for delivery to wrong address, where the delivery address provided by the User is wrong or where the User has made changes during its transit.

    IMPORT DUTY & TAX

    Users who place orders are required to pay all import duties or taxes and local taxes levied by their local authorities to get their goods released. All prices displayed are exclusive of any domestic taxes and duties. In order to release your order from customs. ESME will suggest you contact your local customs authority to determine a landed cost price prior to placing purchase orders.

    Please note if you place an order within the EU you do not need to pay taxes and duties as long as you have a valid VAT number.

    RETURN POLICY

    ESME accepts products returned within 8 working days from receipt of the product under one of the following conditions:

    If the product is having any manufacturing defects.

    If the wrong product was received.

    If the product was found damaged upon arrival.

    Your amount shall be refunded after deducting shipping costs to the original credit/debit card account you used to place the order. Please note that refunds can take up to 30 working days to credit in your account due to varying processing time take by payment providers.

    DAMAGED PRODUCTS

    ESME bears the risk of freight of the products to the User, any claims for shortage, breakage, leakage or other damages occurred during the transit shall be informed to ESME through e-mail not later than 8 days after the User has received the products.

    • Any claims for damages received after this time shall not be accepted.
    • Such notification must be accompanied with the relevant photographs and a brief note about the shortage, breakage or damage happened to the products delivered.
    • Claims of damages by the User without appropriate documentation shall not be entertained.
    • Packages opened or in other ways damaged by the customs or other authority, is the importers (Users) responsibility and will not be refunded or in other ways reimbursed.
    • The User shall cooperate with ESME in its efforts to establish a claim against the carrier.
    • ESME shall offer to replace the damaged product returned with the new piece or User shall get 100% refund against the products returned. Users refund will be processed via the same method of payment originally used to for the purchase.
    • No returns shall be accepted after 8 days of time.
    • While returning a product User shall enclose a copy of the invoice along with a note stating the reason for returning a product.

    YOUR PERSONAL DATA

    We are serious about privacy of all individuals who use our Services or whose personal data we process.

    We collect personal data when you (your users) register an account with us, complete a web application form, login to the Services (via username or by using a social network login), or otherwise interact with us. We process user personal data to provide and administer the Service and communicate with you, to provide a better user experience, inform you of new Services or Service features, and, in limited circumstance, to protect the Services and our rights. Our Services consist in social media monitoring, analytics and management, which means we analyse social media content, including profiles of social media users, statistics, metrics and other information that we receive from social media platforms via these platforms’ APIs. The type and scope of data obtained from social media platforms depends on the type of the APIs and permissions granted by the respective platforms, and on the administrative permissions you grant to us to your social media pages or properties, where applicable. We process personal data primarily as a data controller. We may also process personal data as a data processor to the extent when (A) you are a data controller with respect to personal data specified in Annex 1, and (B) you instruct us to process such personal data on your behalf within the Services. In such case, the data processing agreement in Annex 1 shall regulate the processing of such personal data. The nature and extent of processing, the type of personal data processed, the purposes and legal basis on which we process personal data, as well as the organisational and technical measures that we implemented to ensure the security of processing, are described in detail in our Privacy Policy available at www.esmebeautysupply.com/privacy-policy, which applies to the processing of personal data within or in connection with our provision of Services to you and sets out our commitment to protecting personal data and privacy of individuals.

    ESME has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to protect your data against accidental loss, destruction, or alteration; unauthorized disclosure or access (including but not limited to taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.); or unlawful destruction

    Data collected from you may be transferred to, and stored and processed in, the Cyprus Laws or any other country in which ESME or its affiliates, or subcontractors, suppliers or vendors maintain facilities, subject to ESME implementing such appropriate legal mechanisms as required by EU law to ensure an adequate level of personal data protection by the third-party processors, such as the controller-to-processor Standard Contractual Clauses approved by the European Commission (2010/87/EU) or Privacy Shield approved by European Decision (2016/1250) for data transfers from the EU to the USA and other third countries.

    You agree that ESME may use aggregated and anonymised data derived from the data provided by you or collected by the program analytics such as user behaviour and activities for its own statistics, for auditing, for the purposes of product and market research and analytics (which help ESME to optimise and improve its Services their usability, the range of Services, and to develop new technologies, products and services), and for benchmarks and other analyses. ESME may publish such anonymised data and share them with third parties outside of ESME; however, ESME will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset.

    TRADEMARKS

    Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used by ESME in connection with the Sites (collectively, the “Trademarks”) are the subject of other intellectual property rights reserved by us and are not licensed hereunder. All product names, whether or not appearing in large print or with the trademark symbol, including, without limitation, , or other marks indicated on this Site, are trademarks or registered trademarks of ESME, in the Cyprus Laws and other countries. ESME Trademarks and trade dress may not be used without the prior written permission of ESME. This prohibition on use of the Trademarks extends to their use in trade names or Internet names, including domain names and social network identifiers. All other trademarks not owned by ESME that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ESME.

    No right, license, or interest to ESME Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the ESME Trademarks and therefore you will avoid using any of those Trademarks.

    You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these terms of use. Any rights not expressly granted herein are reserved.

    ACCURACY AND INTEGRITY OF INFORMATION

    Although ESME attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ESME. Information contained on the Site may be changed or updated without notice.

    RELEASE

    You hereby release and forever discharge the ESME from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including without limitation personal injuries, death, and property damage, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service including without limitation any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads.

    PRIVACY

    You acknowledge and confirm that you have read ESME Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of ESME Privacy Policy are reasonable. You consent to the use of your personal information by ESME and/or its third-party providers, partners, Users, and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy as may be amended from time to time in ESME’s sole discretion.

    INTERACTIVE AREAS

    With respect to any interactive areas on the Site, if any, you may post comments and other content, and submit suggestions, ideas, comments, questions or other information, only so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and only so long as such content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form or spam. ESME reserves the right, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post messages or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards and other user forums, and the content of any such communications. ESME, however, will have no liability relating to or arising from the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, and obscenity or otherwise. ESME retains the right to remove, in its sole and absolute discretion, communications that include any material deemed by ESME in its sole discretion to be abusive, defamatory, obscene or otherwise inappropriate.

    DISCLAIMERS

    THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND ESME (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF FIRST USE. THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES.

    LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ESME (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ESME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS AND CONDITIONS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY EUROS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS TERMS AND CONDITIONS.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    INDEMNIFICATION

    You agree to indemnify, defend and hold harmless ESME and its affiliates and information providers and its and their officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions.

    THIRD-PARTY CONTENT AND SITES

    Several third-party social media services have granted ESME permission to access their social media content feeds through the Services. Our Services also include other Content or functionality provided by third parties, as well as links to sites that are owned and operated by third parties. ESME does not guarantee, and will not be liable for, any defects in or damages caused by any third party Content or functionality available on or through our Services, or any unauthorized actions by third parties on or relating to our Services. If you access any third-party websites through links on our Services, your use of those third-party websites is subject to their own terms of use and privacy policies, and we are not responsible for anything related to those websites or the actions of those third parties.

    NO UNLAWFUL OR PROHIBITED PURPOSE

    As a condition of your use of this Site, you warrant to ESME™ that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions

    GENERAL

    ESME reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall otherwise remain in full force and effect. This Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of Cyprus, without regard to any choice of law rules. By using this Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to this Site and these Terms and Conditions shall be litigated solely in, Cyprus, and you waive any objection to any such court that is based on lack of personal jurisdiction, improper venue or forum non convenience. These Terms and Conditions constitute the entire agreement between ESME and you pertaining to the subject matter hereof. In its sole discretion, ESME may from time to time revise these Terms and Conditions by updating this posting. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

    LINKS

    This website may contain links to websites operated by other parties. ESME makes no representations whatsoever about any other website that you may access through this site. The linked sites are not under the control of ESME, and ESME is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply ESME? Endorsement or acceptance of material on any other site, and ESME disclaims all liability with regard to your access to such linked websites. ESME provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk.

    Annex 1 – Data processing agreement Preamble

    This Annex 1 – Data processing agreement shall only apply if ESME provides to you Services or Services’ features within which we only have access to certain personal data because you give us your permission, authorization, token or other mechanism that allows us to access, collect or otherwise process such data, and thereby instruct us to process such personal data on your behalf for example:

    User care feature of our Service “Community” which involves the access by ESME to, and storing and management of, communication between you and your end-Users affected via your social network pages (e.g. Facebook messages) or

    Any other similar Services or Services’ features that you may activate and that would require ESME to access and process any personal data associated with your social network profile, page or account which we cannot access directly from social networks (via API) without your permission and with respect to which you are the data controller or

    Any other personal data that you entrust to us for processing on your behalf, by written instruction, where such processing is necessary for us to provide you our Services. As a data controller with respect to any personal data that you instruct us to process in the context of the Services, you are responsible for the lawfulness of such processing, including the requisite legal titles (consents or other, as may be applicable) for processing. ESME is not liable for any misprocessing of data that could occur by your provision of the data to ESME or your instruction to ESME to process such data on your behalf.

    This Annex 1 – data processing agreement does not apply in situations where we collect and process personal data as data controllers (see our Privacy Policy for further details).

    1. Definitions
      • “DPA” means the data processing agreement included in this Annex 1;
      • “Services” 1 (a, b, c, d) means, for the purpose of this Annex 1, all Services ESME provides to you under the Terms as your data processor, as specified in the Preamble of this DPA;
      • “Terms” means the Terms to which this Annex 1 is appended to.
    2. Object / Scope of the processing
      • The object/scope of this DPA is the processing of personal data in connection with the provision of the Services specified in this DPA;
    3. Duration
      • The duration of this DPA shall correspond to the term of your Services subscription.
    4. Specification of Processing (nature, purpose, type of personal data and categories of data subjects)
      • The nature and purpose of the intended processing are defined in the Terms and correspond to the provision of the Services defined in this DPA.
      • Each and every transfer of personal data beyond the EU / EEA shall only take place if the specific conditions as laid down in Art. 44 et seq. GDPR have been fulfilled. When transferring personal data to a country outside of the EU/EEA, we ensure that our sub-processors are bound by the standard contractual clauses or, in case of US companies, are certified under the Privacy Shield
      • The types of personal data processed under this DPA and categories of data subjects are specified in the Terms and in the Privacy Policy referenced in Section 4 of the Terms. The scope of personal data is determined and controlled by you in your sole discretion, and may include, without limitation:
      • Any personal data that your end-Users (or any other data subjects, as may be applicable) decide to submit to you via your social media pages, using direct messages (e.g. Facebook messages), which will be administered by ESME as a data processor within the User care feature of ESME’ Service “Community” (or other Service features, as may be applicable). Such personal data may include, without limitation, data subjects’ contact information (such as name, address, ESME, email, telephone), identification data (date of birth, birth number), and other information relating to the data subjects’ activities; and Information about data subjects’ behaviour on ESME’ platform and/or on social media. The exact scope of personal data processed will always depend on the specific Service you use
    5. Technical and Organizational Measures
      • Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we are obliged to implement appropriate technical and organizational measures in such a manner that the processing of personal data will meet the requirements of applicable data protection law, in particular the GDPR and this DPA.
      • We have implemented technical and organizational measures as specified in the Security Policies and Practices available at: https://www.esmebeautysupply.com/security. You hereby acknowledge and agree that these measures are appropriate and sufficient to conform to the GDPR. Further, ESME has implemented information security management in accordance with the requirements of information security standard ISO 27001.
    6. Rectification, restriction, access and erasure of data
      • We will only erase or block personal data upon instruction issued by you. In case of requests regarding the rectification, restriction or the erasure directly addressed to us by a data subject, we will inform you about such request without undue delay.
      • Where appropriate we will assist and support you in fulfilment of your obligations under the GDPR to respond to requests for exercising the data subject’s right, in patricular the ‘right to be forgotten’, rectification, restriction, data portability and access rights.
      • You hereby agree that ESME shall not be liable if you do not take action on the data subject’s request, or if you do not respond correctly or in a timely manner.
    7. Our obligations

      We undertake to:

      • Process the personal data within the Services specified in this DPA only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
      • Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
      • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
      • Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights;
      • Assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to us;
      • At your choice, delete or return all the personal data to you after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of the personal data;
      • Make available to your information necessary to demonstrate our compliance with the obligations laid down in this DPA.
    8. Sub-processing
      • We shall engage another processor (i. e. a sub-processor) only in accordance with this DPA. The mechanism hereby stipulated shall be considered a general written authorization from you pursuant to Article 28 par. 2 of the GDPR .
      • If we engage another processor for carrying out specific processing activities on your behalf, the same obligations as set out in this DPA shall be imposed on that other processor by way of a written contract.
      • The sub-processors currently engaged by us and hereby authorized by you are listed in the Privacy Policy. We will inform you of any intended changes concerning the addition or replacement of other processors, including full details of the processing to be undertaken by the new processor(s), giving you the opportunity to object to such changes.
      • If you have a reasonable basis to object to our use of another new processor, you shall notify us promptly in writing within 5 days after being notified. For the avoidance of doubt, you hereby agree that if you are not able to show evidence that the new processor provides an unacceptable risk to the protection of personal data (e.g., the other processor has a history of security breaches) or is your direct competitor, it would be unreasonable for you to object if the other processor has passed our vendor security evaluation.
      • Notwithstanding the foregoing, if you object to the engagement of another processor and your objection is not unreasonable, the parties will come together in good faith to discuss an appropriate solution. We may in particular choose not use the intended processor, or engage the processor only after we take the corrective steps and / or measures requested by you.
    9. Audit rights
      • Upon reasonable advance notice of at least 90 days and in order to ensure and review compliance with the technical and organizational security measures and the obligations laid down in this DPA, we shall permit you to conduct periodic audits or to have them carried out by an auditor mandated by you. We shall, at your written request and within a reasonable period of time, submit to you any and all information, documentation and other factual evidence necessary for the audit. The audit result shall be documented appropriately.
      • Audits shall be conducted during reasonable times, shall be of reasonable duration, and shall not unreasonably interfere with our day-to-day operations. In the event that you conduct an audit through a third-party independent contractor, such independent contractor shall be required to enter into a non-disclosure agreement. Additionally, such independent contractor must not be our direct or indirect competitor, nor a person who can reasonably be considered by us unfit (from professional, experience and historic reasons) to perform such audit.
    10. Miscellaneous
      • Unless otherwise stipulated herein, the provisions of the Terms shall apply, including any exclusions and limitation of warranties and liabilities provided therein. Provisions in this DPA shall have precedence over any provisions of the Terms relating to the processing of personal data by ESME.