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Terms of use

This AGREEMENT is dated 7 December 2015

These terms of use ("Terms of Use") are a legal agreement between you ("you") and Cegeka Groep NV, a company incorporated and existing under the laws of Belgium, with its registered office at Universiteitslaan 9, 3500 Hasselt, and registered with the Crossroads Bank for Enterprises under company number 0448.621.832 ("Cegeka", "us", "we" or "our") governing your access to and use of our online Extranet platform supporting the collaboration between you and us and notably allowing the sharing of files ("Service").

Important notice:

You should print a copy of the Terms of Use for future reference.

AGREED TERMS

  1. ACKNOWLEDGEMENTS
    1. The Terms of Use apply to the Service, including any updates or supplements to the Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Service, the terms of an open-source licence may override some of the clauses of the Terms of Use.
    2. From time to time updates to the Service may be issued. Depending on the update, you may not be able to use the Service partially or entirely until you have accepted any new terms.
    3. We may change the Service and the Terms of Use from time to time. When we make changes to the Terms of Use that we consider to be material, we will inform you through the Service. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service. In any event, if you continue using the Service after the changes have been introduced, you acknowledge that you accept said changes.
    4. The Service may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. By using the Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Sites. Third-Party Sites are provided solely as a convenience to you.
    5. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. LOG-IN DETAILS AND PASSWORDS
    1. You are solely responsible for maintaining the confidentiality and security of the log-in details and passwords, and for all activity under those log-in details and passwords, whether or not authorized. Please notify your Cegeka contact person immediately if you know or suspect any unauthorized activity with your log-in details and password.
    2. You are solely responsible for managing your account. Please notify your Cegeka contact person immediately when your account should be transferred, suspended or deleted for any reason (e.g. when the Authorised User is a legal person and you do no longer work for that legal person).
    3. In case you have forgotten your password, you may request a new password by using the Forgot your Password link.
    4. Confidentiality

    We and you may use the Service for transmitting, displaying and publishing confidential information. You shall take all necessary precautions to ensure that such confidential information is kept confidential. This obligation does not apply where the confidential information is or becomes public knowledge, other than by breach of this clause, or is required to be disclosed by law.

  3. GRANT AND SCOPE OF LICENCE
    1. Access to and use of the Service is offered free of charge.
    2. In consideration of you agreeing to abide by the Terms of Use, we grant you a worldwide, non-transferable, non-exclusive, limited and revocable right to access and use the Service and the related materials provided by us for business purposes within the context of your professional relationship with Cegeka only. We reserve all other rights.
  4. LICENCE RESTRICTIONS

    Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

    1. not to copy any (related) materials included in the Service except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;
    2. not to distribute, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the underlying software in the Service or use the same for the benefit of any third party;
    3. not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;
    4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that such actions cannot be prohibited by local law because they are essential for the purpose of achieving inter-operability with another software program, and provided that the information obtained by you during such activities:
      1. is used only for the purpose of achieving inter-operability with another software program;
      2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
      3. is not used to create any software that is substantially similar to the Service;
    5. not to provide or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
    6. not to use the Service on any device that you do not control.

    together "Licence Restrictions".

  5. ACCEPTABLE USE RESTRICTIONS

    You must:

    1. not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
    2. not infringe our intellectual property rights or those of any third party in relation to your use of the Service, including the submission of any material, to the extent that such use is not licensed by the Terms of Use;
    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
    4. not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other customers; and
    5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
    6. take into account the following restrictions:
      1. an .exe-file can only be uploaded when converted to a .zip-file;
      2. a document name can only contain 260 characters;
      3. the maximum file size the Service will accept is 200 MB;
      4. the maximum size of an Extranet page is 500 MB.
  6. YOUR MATERIALS
    1. You are and remain responsible for the content of the materials that you submit. You warrant that you have or have obtained all necessary rights or permissions to submit your materials to the Service.
    2. We do not claim any ownership rights in the materials that you have submitted and we do not assume any responsibility or liability for said materials.
    3. You agree that we may access and use the materials that you submit to the Service for the purpose of offering the Service and for our business purposes.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the Service anywhere in the world belong to us or our licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to use each of them in accordance with the Terms of Use.
    2. You acknowledge that you have no right to have access to the Service in source code form, and that we have amongst others used software licensed under the MIT license to create the Service. You may contact us to receive more information in this regard.
    3. You shall refrain from submitting any material to the Service that infringes upon the intellectual property rights of third parties, and agree to indemnify, defend, and hold us harmless from and against all claims, losses, liabilities, expenses, damages and costs, arising from or relating to the material you submitted to the Service, or any violation of the Terms of Use, any law or the rights of any third party.
    4. If you choose to submit comments, suggestions, ideas or feedback with regard to the functioning of the Service, you agree that we are free to use them without any restriction or compensation to you.
    5. You agree that the logo and/or trademark of your organisation, if applicable, may be displayed within the Service.
  8. PRIVACY AND COOKIES
    1. The terms of our Privacy Policy, modified from time to time, are incorporated into the Terms of Use by reference and apply to your use of the Service.
    2. The terms of our Cookie Policy, modified from time to time, are incorporated into the Terms of Use by reference and apply to your use of the Service.
  9. NO WARRANTIES
    1. You expressly acknowledge and agree that the use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by the applicable law, the Service is provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Service, either express, implied or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Service, that the functions contained in the Service will meet your requirements, that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Service prove defective, you assume the entire costs of all necessary servicing, repair or correction.
    2. You should not solely rely on the Service as a back-up for all materials that you have submitted. You should at all times keep an own copy of all submitted materials.
  10. LIMITATION OF LIABILITY
    1. You acknowledge that the Service has not been developed and designed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.
    2. We shall not be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, loss of business, business interruption, loss of business opportunity or any other commercial damages or losses, arising out of or related to your use or inability to use the Service.
    3. Our maximum aggregate liability under or in connection with the Terms of Use (including your use of any Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to an amount of fifty (50) euro. This does not apply to the types of loss set out in Clause 10.4.
    4. Nothing in the Terms of Use shall limit or exclude our liability for:
      1. fraud ("fraude" / "bedrog") or wilful misconduct ("dol" / "opzet"); and
      2. any other liability that cannot be excluded or limited by the applicable local law.
  11. TERM AND TERMINATION
    1. You will be granted access to the Service as long as you and Cegeka are working together or maintain a professional relationship.
    2. We may terminate the Terms of Use immediately by written notice to you:
      1. if you commit a breach of the Terms of Use which you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so;
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
      3. if you act contrary to any applicable law and such conduct could have a negative impact on our interests;
    3. Notwithstanding what has been set out in the foregoing clauses of this Section 11 (Term and Termination), we may terminate the Terms of Use for convenience, without any compensation being due on the condition that we respect a period of notice of 1 (one) month.
    4. On termination for any reason:
      1. all rights granted to you under the Terms of Use shall cease;
      2. you must immediately cease all activities authorised by the Terms of Use, including your use of the Service;
      3. we will suspend your account for a period of thirty (30) days. During that period, you will no longer be able to make use of the Service, but, upon request, we will make available to you all materials that you have submitted to the Service. After that period, we do no longer have an obligation to maintain your materials and we may therefore delete all submitted materials from our systems.
  12. COMMUNICATION BETWEEN US
    1. If you wish to contact us in writing, or if any condition in the Terms of Use requires you to give us notice in writing, you can always contact us at Cegeka Groep NV, Universiteitslaan 9, 3500 Hasselt or marketing@cegeka.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail.
  13. FORCE MAJEURE EVENT
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks and power supply networks ("Force Majeure Event").
    2. If a Force Majeure Event takes place that affects the performance of our obligations under the Terms of Use:
      1. our obligations under the Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event; and
      2. we will use reasonable endeavours to find a solution by which our obligations under the Terms of Use may be performed despite the Force Majeure Event.
  14. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under the Terms of Use to another organisation affiliated to Cegeka, without notice and without your consent, but this will not affect your rights or our obligations under the Terms of Use.
    2. You may only transfer your rights or obligations under the Terms of Use to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under the Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of the Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that the Terms of Use, its subject matter and its formation, are governed by Belgian law. You and we both agree that the courts of Hasselt, Belgium will have non-exclusive jurisdiction.