Version of 08/05/2018

TERMS AND CONDITIONS OF USE

Version of 08/05/2018

 

These terms and conditions of use contain legal information relating to the visiting and use of the website referred to in Article 1 of these terms and conditions of use, a statement on intellectual property rights, as well as a reference to privacy regulations.

Users are invited to read these terms and conditions of use carefully before accessing and visiting the website referred to below. Continuing to visit or use the website, in any way, necessarily implies express acceptance of these terms and conditions of use.

 

  1. Definitions and scope

The purpose of these terms and conditions of use is to establish a legal framework, which defines the rights and obligations of the parties in respect of the use of the website and the terms and conditions under which the Company provides the services contained on this website.  The Company is the private limited liability company (“société privée à responsabilité limitée” abbreviated into “SPRL”) AUSTIN BRIGHT, hereinafter the “Company”, with registered office at 1000 Brussels (Belgium), avenue du Port, 86C, registered in the Crossroads Bank of Enterprises under No. 0600.938.952.

The term “User” shall refer to any user, either a natural person or legal entity, that consults the website of the Company, which downloads files from it or sends files to it, uses these files, registers via any form available on said website, subscribes, contacts or enters into a contract with the Company.

The Company and the User shall hereinafter be referred to as the “Parties” (or individually as the “Party”).

The “website” or “AUSTIN BRIGHT” shall refer to the web pages located at address www.austinbright.com.

These terms and conditions of use describe the terms of access to the website and to the services offered by the Company. These terms shall apply generally to any consulting of information, orders, subscriptions and/or any contract whatsoever between the Parties.

The Company reserves the right to amend these terms and conditions of use at any time without prior notice. These changes shall apply immediately to any use and/or consultation of the website.

The additional rules and guidelines, including the privacy charter, shall be deemed to be part of these terms and conditions of use. The User is therefore advised to regularly consult the latest version of these terms, which are available at all times via the website.

 

  1. Use of the website and its content

When visiting the website, the User agrees that he uses it at his own risk and responsibility.  Any information contained on the website shall be available “as is” and the Company shall provide no guarantee whatsoever as to the accuracy and up-to-date nature of said information. The Company shall make all reasonable efforts to provide accurate and up-to-date information on the website, but shall not guarantee this information.

The Company may not under any circumstances be held liable for any detriment suffered by the User as a result of any information on the website that is incorrect, missing or inaccurate or unclear. 

Within the framework of the User’s access to the website or its content, the latter shall refrain, in any way whatsoever and regardless of the technical means used, from:

  1. Attempting to gain access to the parts of the website that are not publicly available online,
  2. Acting in any way that could, at any time, jeopardise the smooth operation of the website, in any way whatsoever;
  3. Using any (automatic) system of any kind, such as, but not limited to, “robots”, “spiders”, “offline readers”, etc. designed to create: (1) denial of service attacks (including, but not limited to, network DoS, application layer DoS, network layer DDoS, including DrDOS or application layer DDoS); (2) messages that can influence questions and requests, the answers and participations in competitions, votes, or any interaction with another user of the website, including when the User responds to a request made over the website;
  4. Displaying, downloading, sending, emailing or transmitting in any other way any content that is illegal, harmful, threatening, constituting harassment, abusive, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist or otherwise wrongful;
  5. Consulting, displaying, downloading, sending, transmitting any content that is in breach of applicable international, European and national laws;
  6. Attempting to mislead other users by usurping the name or corporate name of other persons;
  7. Downloading, displaying, sending, emailing or transmitting in any other way any violent content, any patent, registered trademark, manufacturing secret, intellectual property right or any other third-party property right;  
  8. Downloading, displaying, emailing or transmitting in any other way any content, which may include, but is not limited to, content containing viruses or any other code, file or programme designed to interrupt, destroy, hamper, disrupt or limit the functionality of any software, computer, service, server, network or telecommunications tool;
  9. Performing any action that has a disruptive effect and hampers the ability of other users to access the website;
  10. Refusing to comply with the required conditions, the procedures, the general rules and the regulatory provisions applicable to the networks connected to the website;

The User - who shall be free to accept or refuse the voluntary communication of information to the Company - in accessing the website, may be invited to communicate information to the Company. In so doing and by merely communicating information, the User consents to the uploading of information or the collection of data relating to him as a result of his use of the website. This use shall be made at the User’s own risk and responsibility. 

The User may, if he does not consent to the uploading and processing of personal data within the meaning of Article 4, 1) of European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, communicate all relevant information via any other means, including by post.

Within the framework of the contractual relationship between the Company and the User, the latter may have to register or become a member.  In such a case, when registering, the User agrees to provide accurate, up-to-date and complete data and to ensure that the data is regularly updated. Upon entering all of the personal information requested within the meaning of European Regulation 2016/679, the User acknowledges that he consents to the processing and use of his data in order to communicate to third parties interested in the User’s profile and his curriculum vitae miscellaneous quotes and offers, invoices made out by the Company, newsletters, information documents and white papers. 

 

  1. Intellectual and industrial property

The concept, content, layout, structure, source codes, programming, images, photos, information, points of information, logos, drawings, trademarks, designs, slogans, software, animations, audio-visual works, texts, data, database, music and all other elements of this website and, generally speaking, the content and structure of the website belong to, are and shall remain the exclusive property of the Company, 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.

Browsing the website, consulting it or using the content of the website, in any way whatsoever, shall not confer upon the User, under any circumstances, ownership of any of the aforementioned rights or related rights.

The Company shall guarantee that the elements of the website made available to the User by the Company alone respect the rights of third parties and, broadly speaking, are not unlawful.

The storage of any information and/or element of this website in an (electronic) database is not authorised, with the exception of the automatic capture of information by the browser.

By posting certain data or texts on the website, the User grants the Company, automatically and free-of-charge, the exclusive authorisation to reproduce these elements, communicate them and/or otherwise use them both on the website and on one or more of the Company’s electronic platforms.

 

  1. Liability of the User

Access to and use of the website, as well as the downloading of files of whatever kind and using whatever technical means, shall always take place under the sole liability of the User, including in respect of third parties.

The User shall be solely liable for any damage caused to his computer and for any loss of data subsequent to browsing the website. 

The User agrees to use the website in a manner that is reasonable, lawful and compliant with these terms and conditions of use. The User shall also refrain from using the website in a way that could harm the Company or a third party.

 

  1. Operation

The Company shall attempt, as far as is reasonably possible, to make the website available and to make it accessible at all times. It shall also attempt to limit any inconvenience caused by any technical errors. The Company may not, however, be held liable for any consequences occurring as a result of poor or unauthorised technical work, which may infect the website, for example with viruses.

 

  1. Miscellaneous

6.1 Illegality

The illegality or invalidity of any Article, paragraph or provision (or part of an Article, paragraph or provision) shall not affect in any way the legality of the other Articles, paragraphs or provisions of these terms and conditions of use, or the rest of the Article, paragraph or provision unless otherwise clearly intended in the text.

6.2 Titles

The titles in these terms and conditions of use are used only for reference purposes and for the sake of convenience. They shall in no way affect the meaning or the scope of the provisions that they designate.

6.3 Applicable law and competent courts

Any dispute relating to the services provided by the Company, as well as any dispute regarding the validity, interpretation or performance of these terms and conditions of use shall be subject to Belgian law and heard exclusively by the French-speaking courts of the judicial district in which the registered office of the Company is located.