These General Conditions of Use are applicable to any use of the website www.equifides.be (hereinafter the “Website”).
The website is administered and managed by Equifides Brokers Associés, located Clos Chanmurly 13 in 4000 Liège, and registered with the ECB under company number BE 0761 585 305 (hereinafter referred to as “the service provider ").
The term “user” refers to any user, i.e. any natural or legal person, registered or not on the Website, and who consults the Website or its content, who downloads files , uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the service provider.
The service provider and the user are hereinafter referred to as “the parties”.
By surfing the Website, reading documents, downloading files, viewing them and/or using them in any way, registering via any form available on the Website, becoming member, by subscribing or contracting with the service provider, the user formally indicates, without conditions and without any reservation, his agreement to these general conditions and undertakes to respect them.
These conditions are applicable to any consultation of information, order, subscription, and contract binding the parties. In addition, these general conditions exclude and replace all other general conditions.
The service provider reserves the right to modify these general conditions at any time, without prior notification. These changes will apply immediately to any use of the website.
Additional rules and guidelines will be deemed to form part of these terms and conditions. The user is therefore advised to regularly refer to the latest version of these conditions, permanently available at the following address: www.equifides.be.
The Website can be accessed by computers on which current software is installed (browser, operating system, etc.). The service provider does not guarantee any compatibility and cannot be held responsible if the user cannot consult and/or use all or part of the Website or its content, whatever the reason.
Consequently, it is up to the user to equip themselves with the IT, and possibly human, resources necessary to ensure connectivity with the Website.
As part of the user's access to the Website or its content, the user is expressly prohibited, in any way and whatever the technical means used, from:
The user undertakes to take all reasonable and necessary precautions to prevent his equipment or data from being affected by viruses, bugs, Trojan horses, or any other malicious computer program, of any nature. nature whatsoever.
For access or use of certain parts of the Website, the user may be required to register or become a member. In this case, upon registration, the user s undertakes to provide accurate, up-to-date and complete data, and to ensure its regular updating. Otherwise, the service provider will be entitled to suspend or terminate the user's account, or to refuse access to all or part of the Website or its content.
Where applicable, the user undertakes to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his password and any use that may occur without his knowledge. If there is any doubt about the confidential nature of the password, it is up to the user to change it immediately or to notify the service provider in writing as soon as possible.
The user accepts that the functionalities offered through the Website are subject to change. Thus, some will be deleted and others added, without the user being able to consider that access to a particular functionality constitutes an acquired right. Likewise, the service provider will decide alone whether to include or remove any content presented on the Website.
The service provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Website without having to first inform the users.
This will be the case, for example, in the event of maintenance of the Website or significant modification of the content and/or functionalities offered.
This will also be the case in the event that the service provider can legitimately believe that the user has violated, or acted in contradiction with, these general conditions or any other legal requirements in force at the time of the violation.
The user only receives the right to consult the Website and its content on a personal basis. As such, the user benefits from a personal license to use the Website and its content, non-assignable, non-transferable, and exclusively limited to use for personal purposes. The duration of the user license is limited to the duration of the user's access to the Website.
Any commercial use of the Website is strictly prohibited. The term “commercial use” refers, without this enumeration being exhaustive, to any sale or rental of the various functionalities of the Website, recordings of all or part of the content available on the Website, or to any use of the Website. Web and its components with the sole purpose of generating revenue.
It is also strictly forbidden for the user, who cannot otherwise grant authorization to others, to:
The concept, content, layout, structure, source codes, programming, images, photos, information, information elements, logos, designs, brands, models, slogans, software, animations, audiovisual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website , belong, are and remain the exclusive property of the service provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the database producer , etc.), which the user acknowledges and accepts.
By surfing or consulting the Website, registering, becoming a member, downloading files, or using the content of the website in any way, the user does not become in no case holder of any of the rights referred to above or similar rights.
The service provider guarantees that the elements present on the Website and made available to the user under the sole responsibility of the service provider respect the rights of third parties, and in general are not illegal.
The storage of any information and/or element of the Website in an (electronic) database is not authorized, with the exception of the automatic collection of information by the browser.
By placing certain data, texts, images and/or any other element online, the user automatically and free of charge gives the service provider exclusive authorization to reproduce these elements, communicate them and/or use them otherwise, as long as on the Website as well as in one or more magazines or products published by the service provider.
a) User responsibility
The consultation and use of the website, as well as the downloading of files, of any nature whatsoever and with any technical means whatsoever, of the Website and its content, always take place under the responsibility of the user, including vis-à-vis third parties.
Each user is responsible for their registration and/or affiliation, as well as any abuse or damage that may result therefrom. The service provider cannot be held responsible for any improper use of registration or affiliation, login and/or password whatsoever.
The user also agrees to be responsible, towards any person, and more particularly the persons represented, in any way whatsoever, for any content that he publishes either on the Website, or through the Website.
The Website may contain links to other websites over which the provider has no technical or content control. The user remains solely responsible for the decision to activate these links. The service provider therefore in no way guarantees the exact and complete nature of the content, access and availability of these other websites, the external links to which they refer, nor the consequences that may result from the consultation and/or the use, in any way, of these sites. It is therefore up to the user to determine for themselves whether it is appropriate to visit these sites.
If the user places a message, of any nature whatsoever, or any other form of information, data and/or opinion on the Website, the latter undertakes to use exclusively information (images, photos) which does not come into conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. As such, the user expressly guarantees the service provider against any complaint or action brought by third parties based on the content he may have placed on the Website.
b) Responsibility of the service provider
The service provider is bound by an obligation of means. The service provider will in no way be held responsible for any direct or indirect damage that the user incurs when using the Website, the sites linked to it, and/or the content made available to them.
The service provider uses its best efforts to ensure that the data and documents which are part of the Website are complete, accurate and current. Errors and/or gaps and/or outdated data can never be excluded and, therefore, the provider gives no guarantee in this regard.
Similarly, the service provider is only liable for his fraud or gross negligence. He is not responsible for the fraud or gross negligence of his employees, principals and, as a general rule, his executive agents.
The service provider makes its best efforts to ensure that the Website remains accessible, at all times, for a normal number of users, but cannot be held responsible for any direct or indirect damage linked to a modification , suspension or interruption of access to the Website, for any reason whatsoever.
The service provider is also not responsible for contacts and relationships between users of the Website.
The service provider also does not guarantee the compatibility of the files which are part of, or which appear on the Website with the user's equipment, nor the accessibility to these elements. The user will also hold the service provider harmless from any claim, in any of the following cases:
The user acknowledges and accepts:
Although the provider uses its best efforts to keep the Website free of bugs, viruses, trojan horses and spyware, these cannot be excluded. The service provider cannot be held responsible for any resulting damage and/or loss, particularly with regard to user data. Users are therefore strongly advised to install the firewall, anti-virus and other necessary protection software, in order to prevent possible damage to their computers, and to be careful when communicating personal data.
With regard to messages from third parties, the service provider cannot in any way be held responsible for any harm resulting therefrom, nor for possible errors in their content. All text, data, photos, videos, messages or other materials placed in these messages fall under the sole responsibility of the person who posted them.
The advertisements that are inserted on the Website are always the task of third parties. The service provider cannot under any circumstances be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in these advertisements.
a) Protection of personal data
Given that certain functionalities of the Website require the prior communication of personal data, the service provider undertakes to process and protect personal data in a fair and transparent manner in compliance with the law.
For further information on the way in which personal data is processed by the service provider, the user can refer to the service provider's Privacy Policy via the following link: https://www.equifides. be/assets/lib/pdf/vie_privee.pdf .
b) Force majeure
The service provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations when this non-performance results from a force majeure or fortuitous event.
p>The following events will be considered in particular as force majeure or fortuitous events: (1) the loss or total or partial destruction of the service provider's computer system or its database when one or other of these events cannot reasonably be directly attributed to it and it has not been demonstrated that the service provider failed to take reasonable measures to prevent any of these events; (2) earthquakes; (3) fires; (4) flooding; (5) epidemics; (6) acts of war or terrorism; (7) strikes, declared or not; (8) lockouts; (9) blockades; (10) insurrections and riots; (11) a stoppage of energy supply (such as electricity); (12) failure of the Internet network or data storage system; (13) telecommunications network failure; (14) loss of connectivity to the Internet or telecommunications network on which the service provider depends; (15) a fact or decision of a third party when this decision affects the proper execution of this contract; or (16) any other cause beyond the reasonable control of the provider.
If, due to circumstances beyond the control of the service provider, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the service provider and the user undertake to negotiate in good faith and faithfully adapt the contractual conditions within a reasonable period of time with a view to restoring their balance. In the absence of agreement within a reasonable period of time, each of the parties may invoke the termination of the contractual relationship uniting them without compensation or compensation of any nature whatsoever.
c) Illegality
The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) cannot in any way affect the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of this article, paragraph or provision, unless there is an obvious contrary intention in the text.
If any part of these general conditions is considered to be completely invalid, the provider will replace it with a provision which will come as close as possible to the economic effect of the provision declared invalid.
d) Titles
The headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.
e) Totality and completeness of the agreement
These general conditions as well as any contract represent the whole and entire agreement between the parties.
No statement, representation, promise or condition not contained in these general conditions can and must not be accepted to contradict, modify or affect in any way the terms hereof.
In addition, these general conditions as well as any contract replace any agreement previously entered into between the parties and apply to any new agreement.
f) Applicable law and competent jurisdiction
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or termination of this agreement, the parties must make their best efforts to find an amicable solution. In the absence of an amicable solution, the courts of the judicial district of Liège will have jurisdiction.
This version of the General Conditions of Use comes into force and was updated on 05/20/2019.