General terms and conditions for using the site
The website, as well as its content and services, hereinafter collectively called the “ Site ”, is published by :
Limited liability company with capital of 943,087.29 euros,
registered with the Crossroads Bank for Enterprises (CBE) under number 0871.620.818 , as well as with the Financial Services and Markets Authority (FSMA – www.fsma.be) as an insurance broker under number 102042A, and whose registered office is situated at 3, Roderveldlaan, 2600 BERCHEM.
These general terms and conditions for using the Site, referred to hereinafter as “T&Cs”, set out the conditions that apply between the User and SPB Benelux, as well as the rights and obligations of each party relative to using the Site.
Any use of the Site assumes that these T&Cs have been viewed and accepted.
These T&Cs are subject to Belgian law.
The terms listed below used in these T&Cs and beginning with a capital letter are understood as follows, whether in the singular or plural, depending on the context in which they are used:
Refers to these general terms and conditions of use intended to govern the terms on which the Site is used by the User.
Refers to all articles, photographs, illustrations, sheets, questionnaires, functionalities and more broadly any element existing within the Site.
1.3. User Space
Refers to the User’s personal space, which the User can access after being authenticated.
Refers to all of the services proposed and made available to Users within the Site. Services are provided via the Site either by SPB Benelux, or by third-party companies under their sole responsibility, which is acknowledged and accepted by the User.
Refers to the website published by SPB Benelux and all of the Services and Content that it makes available to Users.
Refers to the natural person with access to the Site.
2. USE OF THE SITE BY THE USER
2.1. Acceptance of the T&Cs
Access to and use of the Site by the User implies the knowledge, unconditional acceptance and compliance by the User of these T&Cs.
The T&Cs can be accessed from the Site’s “General terms and conditions of use” link.
SPB Benelux reserves the right to modify the terms of these T&Cs at any time. If this happens, the modified T&Cs can be accessed from the “General Terms and Conditions of use” for the Site.
Access to the Site by the User implies acceptance of the modified T&Cs.
2.2. Access and Security
Access to the Site is non-transferable and temporary.
2.3. Rules for using the Site
The User undertakes to use the Site fairly and honestly, in accordance with its purpose and role, in compliance with the legislation and the strictest confidentiality.
The User acknowledges and accepts that compliance with these T&Cs is a substantial condition for the User’s continued access to the Site.
SPB Benelux may cancel access to the Site or to certain of the Site’s functionalities without notice and without owing the User compensation of any kind in the event of the User breaching any provisions of these T&Cs that render continued access to the Site impossible and notwithstanding any damages that might be claimed by SPB Benelux..
3. DESCRIPTION OF THE SITE’S FUNCTIONALITIES AND INTEROPERABILITY
1. Main characteristics:
Site for presenting news from the SPB group
Traceability of data:
Personal data is intended solely for SPB Benelux in its capacity of data controller.
Hardware & Software:
4. WARNING/TECHNICAL CONSTRAINTS
The User is hereby notified of the constraints and limits of the Internet, particularly in terms of:
- Data transmission and possible data breaches;
- Non-guaranteed continuity of access to the Site or to the various services offered by the Site;
- Technical constraints that are not under the control and responsibility of SPB Benelux.
Under no circumstances may SPB Benelux be held liable for these risks and the consequences thereof, to whatever extent detrimental to the User.
It is the User’s responsibility to take all appropriate measures to protect his/her own data, software and hardware from being infected by viruses or other forms of attack that may circulate through the Site
The User may not use any difficulty in accessing the Site as pretext for accessing information or services in breach of these T&Cs.
Links may redirect the User to other applications, websites or social networks or Services provided by companies other than SPB. The liability of SPB Benelux may not be invoked should the content of said other applications, websites or social networks or services infringe the rights of third parties and all statutory or regulatory provisions in effect. The User expressly acknowledges and accepts that other applications, websites or social networks or services are provided under the sole responsibility of the companies publishing them.
The User is hereby notified of the unreliability of the Internet, most particularly in terms of the relative security in the transmission of data, non-guaranteed continuity of access to the Site, non-guaranteed performance in terms of the volume and speed of data transmission and the spreading of viruses.
With this in mind, SPB Benelux cannot be held liable for any damage resulting from any form of virus, bug(s), indeed for any program or application that might be incompatible with the infrastructure used by the User, or for damage incurred by the User as the result of a breakdown, maintenance interruption, technical problem, outage of the telephone system or telecommunications networks, overload, negligence or error by third parties or the User or for any incompatibility in the configuration of the User’s computer.
The User is responsible for the implementation within its computer system of a security solution and measures capable of preventing the spread of viruses.
It is the User’s responsibility to check that services and content proposed via the Site are appropriate to his/her needs. The User is solely responsible for any decision of any kind taken based on information provided within the Content or Services proposed via the Site.
5.1. Liability of the User
The User remains fully and personally liable for use of the Site under the conditions of common law.
It is the User’s responsibility to use the Site in compliance with the statutory and regulatory provisions in effect, as well as in compliance with the stipulations stated in these T&Cs.
5.2. Liability of SPB Benelux
The Site is used under the sole responsibility, control and direction of the User. SPB Benelux may not under any circumstances be held liable for any direct or indirect harm of any kind deriving from the User’s use of the Site and Services in any way and under any circumstances..
To this end, the User undertakes to approve the appropriate nature of the Site and Services to its requirements and to use the Site and Services in a normal manner and in line with its/their purpose.
SPB Benelux is not liable under any circumstances for the quality, current nature, completeness and truthfulness of the data entered by the User, under it sole control, responsibility and direction.
UNDER NO CIRCUMSTANCES WILL SPB BENELUX CONDUCT ANY VERIFICATION OR CONTROL AS TO THE CONSISTENCY OR RELEVANCE OF THE DATA ENTERED BY THE USER AT THE SITE WHEN USING ITS SERVICES.
The User is therefore notified that SPB Benelux will not be liable for any damage resulting from:
- The use made by the User of the Content made available on the Site or through the Services proposed and in particular the interpretation that the User may place on it and the consequences of its use;
- The recording by the User of information that is incomplete or incorrect.
SPB Benelux will not be liable for any non-execution or delay in the execution of Services caused by events beyond its control or due to force majeure in the sense of the definition stated in the Civil Code.
The performance of these T&Cs will be suspended while the case of force majeure persists and the execution periods for any Services will be extended by the same time. SPB Benelux will do everything in its power to bring an end to the event of force majeure or to find a solution that enables it to fulfil its contractual obligations despite the event of force majeure.
6. LIMITS TO LIABILITY REGARDING THE SITE
The information stated on the Site is provided in a general and documentary manner. SPB Benelux declines all liability as to the use or interpretation that may be made of the information posted on the Site and any consequences that may arise therefrom.
It is specifically stated that SPB Benelux may not be held liable for any direct or indirect, tangible or intangible damage resulting from use of the Site or from the impossibility of accessing the Site, or from a malfunction, interruption, virus or connection or system problem, third-party events, cases of force majeure or acts of God, that prevent access to the Site or to any of its functionalities.
The hardware used by the User to connection to the Site remains under the User’s sole responsibility. The User must take all appropriate measures to protect his/her hardware and own data, in particular in the event of online viral attacks. The User’s is also solely responsibility for the websites and data it views.
SPB Benelux may not be held liable under any circumstances for legal proceedings lodges against the User:
– resulting from the use of the Site or any service accessible via the Internet;
– resulting from non-compliance with these T&Cs.
SPB Benelux is not liable for damage caused to the User, third parties and/or their equipment due to connection to or use of the Site.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Site Content and Services
All of the Content and Services accessible via the Site and Services are protected by intellectual property rights that are owned or claimed by SPB Benelux, its entities associated with or used by SPB Benelux with the authorisation of the holders of these rights.
These Services and Content are intended solely for the User’s personal information and use. The User benefits from a private, non-collective and non-exclusive right of use.
Except where there is the express prior consent of SPB Benelux, any reproduction, representation and use by the User, other than those stated above, are forbidden, and in particular:
- Any adaptation, making available to the public, at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication, whether free of charge or for a fee, of all or any of the works, services, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Site and as part of the Services;
- Any link, access, modification, addition or deletion that affects the automated processing of the online publication and modifies the terms of publication or the editorial policy.
Any failure by the User to comply with these obligations would constitute an infringement sanctioned in accordance with Belgian legislation on intellectual property.
Pursuant to the provisions relating to the protection of databases, SPB Benelux is the producer and owner of all or part of the database that make up the Site.
In accessing this Site, the User acknowledges that data of which it is made up is protected under the law; in particular, the User is forbidden from extracting, reusing, storing, reproducing, representing or saving, directly or indirectly, on a medium of any kind, by any means and in any form whatsoever, all or any substantial qualitative or quantitative part, of the content of the databases featured on the Site accessed by the User. The User is also forbidden to extract or repeatedly and systematically reuse parts that are qualitatively, and quantitatively non-substantial should these operations clearly exceed normal conditions.
7.3. Trademarks and distinctive marks
Unless specifically stated to the contrary, all trademarks used on the Site are the property of SPB Benelux or its partners.
Unless expressly authorised in advance by SPB Benelux and/or its partners, any use of this trademark or any other brand, figurative or not, displayed as belonging to SPB Benelux or to third parties will expose the User to legal prosecution.
9. HYPERTEXT LINKS
All information that can be accessed via a link to other sites is not under the control of SPB Benelux, which declines all liability as to its content.
10. THE USER’S PERSONAL DATA
The data passed on to SPB Benelux in the context of using the Site is subject to processing in accordance with the General Data Processing Regulation.
In this context, the data controller is SPB Benelux.
All information relating to the processing of the User’s data, its purpose, the User’s rights and the obligations of SPB Benelux is detailed in the Privacy Charter published on the Site.
11. COMPLAINTS – SETTLEMENT OF DISPUTES
In the event of a complaint, the User has the option to contact SPB Benelux:
- • By letter: 3 Roderveldlaan, 2600 BERCHEM
The T&Cs are governed by Belgian law. Any dispute as to their validity, interpretation or execution will be submitted to the Belgian courts with jurisdiction.
12. CONTROL AUTHORITY
The authority charged with the control of SPB Benelux is the Financial Services and Markets Authority, whose details are as follows:
Financial Services and Markets Authority
12-14 Rue du Congrès