Terms and Conditions - Version 01/03/2022

Definitions and scope
 

The « Website » is the website available at the following web address : « www.contiusfoundation.org ».

The Website is controlled and administered by the CONTIUS FOUNDATION, with headquarters at Ravensteinstraat 23, 1000 Brussels, which can be contacted at the email address: info@contiusfoundation.org, registered in the KBO under the number: BE0885.098.472, (hereinafter « referred to as the Provider »).

The term "User" refers to any user or any natural or legal person, whether or not registered on the Website, who visits the Website or its content, who downloads files, uses them, registers by form available on the website, becomes member, subscribes or enters into an agreement with the Provider.

The Provider and the User are hereinafter jointly referred to as the "Parties".

By surfing on the Website, by reading documents, by downloading files, consulting and/or using them in any way, by registering by form available on the website, by becoming a member, by subscribing or by entering into an agreement with the Provider, the User formally agrees, unconditionally and without reservation, with regard to these general terms and conditions and agrees to comply with them.

These general terms and conditions apply to every consultation of information, every order, every subscription and every agreement concluded between the Parties.
In addition, the present general terms and conditions exclude and replace all other general terms and conditions.

The Provider reserves the right to change these general terms and conditions at any time, without prior notice.
These changes apply immediately to any use of the Website.

Access to and use of the Website and its content
 

The Website can be consulted by computers on which the most current software is installed (browser, operating system, etc.).
The Provider does not guarantee compatibility in any way and cannot be held responsible in any way if the User is unable to consult and/or use the Website, regardless of the cause.

It is therefore up to the User to provide himself with the necessary technological and human resources, in order to guarantee his connection with the Website.

With regard to the user's access to the Website or its contents, the user is expressly prohibited, by any means and by any technical means, to:

  • attempt to access parts of the Website that have not been made public.
  • to take any action in any way that could impede the proper functioning of the Website at any time.
  • use an (automatic) system such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc., for the purpose of
    • creating "denial-of-service" attacks (in particular, but not limited to, the DoS network, DoS applications, the DDoS network, including the DrDOS or the DDoS applications).
    • create messages that can influence the questions and requests, the answers and the participation in competitions, the votes, or any interaction with another user of the Website, even when this user responds to a request formulated by the Website (for example, participating to a quiz).
  • display, download, transmit, email or in any other way illegal, threatening, harmful, harassing, abusive, defamatory, vulgar, obscene, threatening the privacy of others, hateful, racist or otherwise objectionable content to transfer.
  • access, display, download, transmit or transmit content that violates applicable international law.
  • attempt to confuse other users by using the name or company name of other persons.
  • download, display, transmit or transmit violent content, patents, registered trademarks, trade secrets, intellectual property rights or other proprietary rights belonging to another by email or by any other means.
  • display, download, transmit by e-mail or in any other way content that contains computer viruses or other code, as well as files or programs that have the purpose of interrupting, hindering, removing or limit functionality of any software, computer, function, server, network or means of telecommunications, without considering this list to be exhaustive.
  • take any action that may have an adverse effect on other users' ability to access the Website.
  • to refuse to comply with the required conditions, the procedures, the general rules or the regulatory provisions applicable to the networks connected to the Website.
  • in any way threaten one or more other users of the Website or its content, collect and store personal data of the other users.

The User undertakes to take all necessary and reasonably responsible precautions in order to prevent his material or his data from being infected by a virus, bug, Trojan horse or any other malware of any kind.

In order to access or use certain parts of the Website, in particular the purchase of documents or the use of special functionalities, the user will have to register or become a member.
Where appropriate, the User undertakes to provide correct, current and complete information when registering, as well as to update this information regularly.
Failing to do so, the Provider will be entitled to delete the User's account or deny him access to part or all of the Website or its contents.

Where appropriate, the User undertakes to keep his login and password secret and not to share it with third parties.
The User is solely responsible for the confidentiality of his password and for any use that occurs without his knowledge.
In case the User has doubts about the confidentiality of his password, it is the User's responsibility to change it immediately or to notify the Provider in writing as soon as possible.

The User accepts that the functions offered by the Website are subject to change.
Thus, some functions will be removed and others added, without the User being able to regard access to a particular function as an acquired right.
Also, the Provider alone can decide whether or not to keep or delete certain content displayed on the Website.

The Provider reserves the right, at any time and for whatever reason, to temporarily or permanently change or interrupt access to part or all of the Website without prior notice to users. should ask.

The same applies in the event of maintenance of the Website or when significant changes are made to the contents and/or the functions offered.

This also applies if the Provider can assume that the user has violated or acted contrary to these general terms and conditions or any other legal provision in force at the time of the infringement.

Licence
 

The User only acquires the right to use the Website and its contents in a personal capacity.
Thus, the User has a personal user license of the Website and its contents, which is non-transferable and limited exclusively to personal use.
The validity period of this license is limited to the duration during which the User has access to the Website.

Unless expressly agreed in advance, any commercial use of the Website is strictly prohibited.
The term “commercial use” refers, without this list being exhaustive, to any sale or rental of the various functions of the Website, registrations of part or all of the Website, or any use of the Website and its parts for the purpose of generating income.

Under the same conditions, the User, who moreover cannot give permission to third parties, is, among other things, strictly prohibited from:

  • modify, reproduce, copy, print or distribute all or part of the Website or its contents.
  • create derivative works based in part or in full on portions of the Website.
  • to try to find out the concept or composition of the Website through reverse engineering or any other method.
  • Create a hyperlink to or from the Website without the prior and explicit consent of the Provider.
  • sublicense or transfer in any way the rights in the Website and/or its contents, including but not limited to the rights in the software.

Intellectual and Industrial Property
 

The concept, the content, the layout, the structure, the source codes, the programming, the images, the photos, the information, the informative parts, the logos, the drawings, the brands, the models, the slogans, the software , animations, audiovisual works, texts, data, database, music and all other parts of the Website are and remain the exclusive property of the Provider and/or its partners, and are protected by various intellectual or industrial property rights (including copyright, trademark, sui generis right of the creator of databases, etc.).
The aforementioned is acknowledged and accepted by the User.

By surfing on the Website or by consulting the Website, by registering, by becoming a member, by downloading files, or by using the contents of the Website in any way whatsoever, the User is not wise holder of the above rights or similar rights.

The Provider guarantees that the parts present on the Website and made available to the User respect the rights of third parties and are in no way illegal.

Storing any information and/or part of the Website in an (electronic) database is not permitted, with the exception of the information that is automatically stored by the browser.

By placing certain information, texts, images and/or other elements online, the User automatically and free of charge grants the Provider exclusive permission to reproduce, communicate and/or use these elements in any other way, both on the Website itself as well as in one or more magazines or products published by the Provider.

Liability
 

Consultation and use of the Website, as well as the downloading of files, of whatever nature and in any way whatsoever, of the Website and its content, is always the responsibility of the User, including liability towards third parties.

Each User is personally liable for his registration and/or his membership, as well as for any misuse or damage that might result from this.

The Provider cannot be held responsible for the improper use of the registration or membership, of the login and/or password.

The User also accepts to be liable for the content that he publishes on the Website or through the website, this towards third parties and, in particular, towards the persons represented.

The Website may contain links to other websites over which the Provider has no control whatsoever as regards the technical plan and content.
the User remains solely responsible for the decision to activate these links.
the Provider can therefore in no way guarantee that the content, access and availability of this other website will be correct and complete.
the same applies to the external links to which these websites refer and the consequences that could arise from the consultation and/or use of these websites in any way whatsoever.
it is therefore up to the User to decide for himself whether or not he considers it expedient to visit these websites.

If the User posts a message of any kind or any other information, data and/or advice on the Website, the User undertakes to use only information (images, photos) that the intellectual and/or does not infringe industrial property rights of third parties (copyright, right to image, etc.)
To this end, the User expressly indemnifies the Provider against any complaint or claim that might be made by a third party on the basis of information that the User has placed on the Website.

Liability of the Provider
 

The Provider is bound by an obligation of means.
The Provider will in no way be responsible for potential direct or indirect damage to which the User exposes himself through his use of the Website, its affiliated websites and/or the content made available to it.

The Provider makes every effort to ensure that the data and documents that form part of the Website are complete, correct and up-to-date.
Errors and/or lacunae and/or outdated data cannot be excluded, with the result that the Provider cannot offer any guarantees in this regard.

The Provider is only liable for his fraud or gross negligence.
He is not liable/responsible for the fraud or gross errors of his servants, appointees, partners and, in general, his executive agents.

The Provider does its utmost to ensure that the Website remains accessible at all times for a certain number of Users, but cannot be held liable for direct or indirect damage associated with a change, suspension or interruption of access to the Website. for whatever reason.

The Provider is also not liable for the contacts and relationships between the users of the Website.

The Provider is also not liable for the compatibility of the files that are part of or appear on the Website with the hardware of the User, nor for access to these elements.

The User will reimburse the Provider in one of the following cases:

  • the loss of an opportunity or of income of any kind for reasons of (dis)functionality, use or absence of use of the Website, or of the content contained on the Website.
  • illegal or unauthorized access to the server or the Website of the Provider.
  • applying a computer virus to the server or the Website.
  • temporary bandwidth interruption.
  • interruption of the internet connection due to a cause that cannot be controlled by the Provider.

The User acknowledges and accepts:

  • the limitations and risks associated with the use of the internet or any other means through which the Website will be made available now or in the future.
  • the risks of the storage and transmission of information by electronic or numerical means.
  • that the Provider cannot be held responsible for damage resulting from the use of the Website (as well as from part or all of its content), or from the internet, as a result of the aforementioned risks.
  • that the electronic communication exchanged by the User and the backups created by the Provider can be used as evidence.

Although the Provider will do its utmost to ensure that the Website is free from bugs, viruses, Trojan Horses and spyware, these cannot be excluded.
The Provider cannot be held liable for any damage and/or losses that may arise from this, in particular with regard to personal data.
The User is therefore advised to install firewalls, antiviruses and other necessary protection software in order to prevent possible damage to his computer, as well as to be vigilant with regard to the transmission of personal information.

With regard to messages originating from third parties, the Provider cannot be held liable in any way for the damage that would result from this, nor for any mistakes with regard to their content.
All texts, data, photos, videos, messages or other data that appear in these messages are always the sole responsibility of the person who posted them.

The advertising displayed on the Website is always the responsibility of third parties. Under no circumstances can the Provider be held liable for the legality, correctness, offer, content, proper functioning and/or quality of these goods and/or services offered in the context of this advertisement.

Force of the majority
 

The Provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or permanent inability to fulfill its obligations if this non-compliance is the result of force majeure or coincidence.

Are considered in particular as cases of force majeure or coincidence:

  • the partial or complete loss or destruction of the Provider's IT system or its data database if this event cannot reasonably be blamed on it and if it is not demonstrated that the Provider has failed to take the necessary precautions to prevent this event.
  • earthquakes.
  • fire.
  • floods.
  • epidemics.
  • acts of war or acts of terrorism.
  • strikes, whether or not notified.
  • lock-outs.
  • blockages.
  • riots.
  • the failure to provide utilities (such as electricity).
  • an internet or data storage system failure.
  • a failure in the telecommunications network.
  • the loss of connection to the internet or telecommunications network on which the provider depends.
  • a decision or an act of a third party if this decision hinders the proper execution of the agreement.
  • any other cause beyond the reasonable control of the Provider.

If, for reasons beyond the control of the Provider, the latter is no longer able to perform its obligations or if they become difficult or costly, the Provider and the User undertake in good faith and in good faith to comply with the contractual terms of these renegotiate the agreement within a reasonable period of time, this in order to safeguard the balance between the Parties.
In the absence of agreement within a reasonable term, each Party has the right to invoke the dissolution of the agreement without the Parties owing each other any compensation or compensation of any kind.

Nullity
 

The invalidity or nullity of any section, paragraph, or provision (or any part of any section, paragraph, or provision) shall in no way affect the legality of the other sections, paragraphs, and provisions of this Agreement, nor the remainder of that section. , paragraph or provision, unless the text expressly states otherwise.

If a part of these general terms and conditions must be considered to be completely invalid, the Provider will replace it with a provision that is as close as possible to the economic effect that the invalid provision intended.

Titels
 

The titles used in these general terms and conditions are used purely as a frame of reference and for ease of use.
These do not in any way affect the meaning or scope of the provisions indicated by these headings.

Totality and integrality of the agreement
 

The present general terms and conditions, as well as any agreement (including the subscription agreement), if applicable, represent the entirety and the integrality of the agreement concluded between the Parties.

No statement, representation, promise or condition not contained in these terms and conditions may contradict, alter or affect in any way the provisions hereof.

The present general terms and conditions, as well as any agreement (including the subscription agreement), if applicable, also replace any previous agreements concluded between the Parties and also apply to all new agreements to be concluded.

Disputes
 

Any dispute with regard to the services provided by the Provider, as well as any dispute with regard to the validity, interpretation or implementation of these general terms and conditions, is governed by Belgian law and falls under the exclusive jurisdiction of the Courts of the judicial district of Brussels.