1. CUSTOMER identity and contact data
1.1. The website available at the address http://www.aecars.be/ (hereinafter: the ‘Website’) is operated by and is the property of CUSTOMER, with company number BE 0876.045 107 and with registered office at ADDRESS (hereinafter: ‘Rijsweg 4 – 8870 Izegem - Belgium’, ‘we’ or ‘us’).
1.2. CUSTOMER information and data:
Legal form: BVBA (private company with limited liability)
Company name: AECARS
Trade name: Aecars BVBA
Registered office: Rijksweg 4 – 8870 Izegem – Belgium
VAT number: VAT BE 0876.045.107
Telephone number: 051/31.75.65
Hyperlink(s) Website: http://www.aecars.be/
2. Applicability of these Terms and Conditions of Use
2.1. These Terms and Conditions of Use shall exclusively apply to the use of the Website. The current terms and conditions do not in any way whatsoever apply to the usage policies in effect at other service providers that you may make use of on or via the Website.
2.2. You are required to fully, explicitly and irrevocably consent to (the application of) these Terms and Conditions of Use by clicking the ‘OK’ button before you can use (the services linked to) the Website in any manner whatsoever. The text of these terms and conditions of use may be viewed at any time under ‘Terms and Conditions of Use – Disclaimer’ on the Website.
2.3. Any nullity or inapplicability of one or more provisions in these terms and conditions of use shall not result in the nullity of the whole of these terms and conditions.
2.4. The CUSTOMER reserves the right to amend these terms and conditions of use at all times. Amendments shall be announced on the Website and/or via electronic means. Continued use of the Website shall be considered consent to the new terms and conditions. These terms and conditions were last updated on 29/04/2019.
2.5. These terms and conditions of use remain applicable without prejudice to any application of mandatory legal provisions to protect consumers (specifically the relevant provisions in the Belgian Code of Economic Law (CEL)).
3. Terms and Conditions of Use
3.1. Website information and content
3.1.1. The CUSTOMER shall endeavour to ensure that the information on the Website, i.e. the totality of the data and information in the broadest sense of the term, including photos, video files, texts, etc., is correct, complete, and up to date. Despite our efforts, inaccuracies could occur, for which the CUSTOMER waives all liability whatsoever.
3.1.2. The CUSTOMER cannot rule out the occurrence of any disruptions, interruptions, or technical errors that could restrict or impede access to the Website.
3.1.3. The information on the Website is of a general nature and merely indicative, is not customised to personal or specific circumstances, cannot be considered in any way as personal advice or a contractual obligation (to produce a certain result), and may not give rise to any claims or to the termination of the contract with the CUSTOMER. The information on the Website is available in the condition in which it is viewed without any guarantees being made in this regard. The use of the Website and the information on the Website is therefore solely at the user’s own risk and responsibility. You acknowledge and accept that the CUSTOMER’s obligations concerning the operation and the content of the Website merely constitute a best efforts obligation.
3.1.4. You are held liable for solely using the Website for legitimate purposes.
The data provided by you:
i. must be complete, accurate, specific, and reasonably relevant;
ii. may not be defamatory, injurious, hurtful, threatening, racist, obscene, of terrorist intent, pornographic, harmful to minors, or incite hate, discrimination, or violence, nor may it in any way be in conflict with public order, public decency, or the law;
iii. may not contain any viruses or other malware that could result in technical errors or unauthorised breaches of the Website or that could be harmful in any way whatsoever to the CUSTOMER’s system and/or to your (personal) data or that of other Website users;
iv. may not damage the good reputation of the CUSTOMER and/or its partners;
v. may not contain hyperlinks to other websites;
vi. may not conflict with the applicable (Belgian and European) legislation, including but not limited to the Belgian Privacy Act – and as from 25 May 2018, Regulation (EU) No. 2016/679 (GDPR), which shall replace the Privacy Act – and the Belgian Market Practices Law (especially Book VI of the Belgian Code of Economic Law);
vii. may not violate the rights of third parties, including but not limited to intellectual property rights (such as copyrights and related rights, patent rights, brand rights, model rights, domain names, database rights, software rights, trade names, and know-how).
You must indemnify the CUSTOMER against any claims of principal sums, interest, and (legal) fees in this regard.
3.2. Your obligations
3.2.1. You must have a proper, reliable internet connection and operable hardware and software that are compatible with the Website (and its services). You must also have sufficiently adequate and updated antivirus, antispyware, and firewall protection on your systems.
3.2.2. Where the CUSTOMER’s systems, those of its appointees, subcontractors, external suppliers or service providers, and/or of its other users should suffer damage due to the transmission of computer viruses or other harmful files, you are solely, fully and unrestrictedly liable vis-à-vis the CUSTOMER and you shall fully and unrestrictedly indemnify the CUSTOMER against any claims of principal sums, interests, and (legal) fees made by third parties (including the CUSTOMER’s appointees, subcontractors, external suppliers or service providers, and users) who could suffer damage as a result thereof.
3.3.2. The CUSTOMER also has the right to unilaterally and without prior notice, change or have changed, refuse, or remove information placed on the Website by you should this information conflict with the current terms and conditions of use, the applicable legislation, and/or third-party rights, without prejudice to the applicable privacy regulations.]
4. Processing of personal data
5.1. The CUSTOMER is not liable in any way whatsoever for:
- the quality, completeness, accuracy, suitability, availability, or form of the information on or generated by the Website or by other (external) websites or application to which the Website refers via (even authorised) hyperlinks;
- any decisions made or actions taken by you based on the content or information on the Website;
- any disruptions, interruptions, technical errors, faulty technical operations, unauthorised breaches (including hackers), viruses, etc. on the Website;
- (the functioning and/or availability of) software and/or applications belonging to third parties or the consequences thereof for downloading from and/or using the Website;
- indirect damage or consequential damage (including but not limited to lost time, lost opportunities, loss of profit, loss of income, emotional damage, etc.);
- cases of force majeure;
- an unintentional minor error or what could be equated with a deliberate act of gross negligence.
5.2. Under no circumstances may the CUSTOMER be held jointly (third parties) or severally liable for the compensation of any damages.
5.3. However, nothing excludes the CUSTOMER from liability for a deliberate act or what could be equated with a deliberate act of gross negligence. In any event, the liability of the CUSTOMER, both for direct and indirect damage, shall be restricted to the lower of the following amounts: (i) the amount covered by its third-party liability insurance including a maximum of EUR per claim of (ii) the amount congruent with the value of the services that the complaint is based on, with a maximum of EUR . This same restriction applies should the liability exclusion(s) contained in this Article 5 ever be considered as invalid or unopposable by a court of law or arbitrator.
6. Intellectual property
6.1. The Website, parts thereof, and all information and/or contents on, associated with, and/or generated by the Website, including but not limited to all texts, images, logos, graphics, formulas, video files, sound files, HTML codes, software, databases, designs, or any other creation, content, or information on or related to the website, are the sole intellectual property of the CUSTOMER or its licensors and may only be reproduced or made public after prior, express and written permission has been obtained from the CUSTOMER or its licensors.
In other words, at no time shall you be permitted (even after termination of the contract with the CUSTOMER) to reproduce or publicise the Website (or parts thereof), including all information related to or generated by the Website and/or the content of the Website in any way whatsoever without prior, express and written permission having been obtained from the CUSTOMER or its licensors.
6.2. No part of these Terms and Conditions of Use may be interpreted as constituting a transfer, or the grant of a licence to you either of, or in connection with, the intellectual property rights of the CUSTOMER.
6.3. You acknowledge and accept that the services provided on the Website may use specific open-source software or freeware under licences which could include provisions that take precedence over these conditions.
6.4. You acknowledge and accept that information or content on the Website could be protected by the intellectual property rights of third parties. You declare that you shall undertake to respect these rights and shall fully indemnify the CUSTOMER against any claims of principal sums, interests, and (legal) fees for any third-party intellectual property rights violations that you may have committed in this regard.
Complaints arising from any use of the Website or the application of these terms and conditions of use may be reported to the CUSTOMER via email:
8. Applicable law and competent courts
Any dispute on the interpretation or application of these terms and conditions of use or which may arise from any use of the Website shall be solely governed by Belgian law and is the exclusive jurisdiction of the courts of [●], unless the law should compellingly prescribe the jurisdiction of another court.
9. CUSTOMER contact data
For more information, comments, or complaints, the user may contact the CUSTOMER using the data below:
Address: Rijksweg 4 – 8870 Izegem – Belgium
Telephone number: 051/31.75.65
Fax number: N/A