TERMS AND CONDITIONS OF USE OF THE WEBSITE: immo.vlan.be
Version dated 25/05/2018
1. Definitions & Application
The « Website » means the Website available at the following address: « immo.vlan.be » or « www.immovlan.be » as well as a series of domain names registered in the name of Immovlan for immovlan.be.
The Website is managed and administered by S.A. Immovlan, whose head office is situated at Rue Royale 100, 1000 - Brussels, which can be contacted via the following email address: supportFR@immovlan.be (in French), supportEN@immovlan.be (in English) and supportNL@immovlan.be (in Dutch), registered with Banque Carrefour des Entreprises under number: 0432.916.146, (hereinafter referred to as « the Provider »).
The term « User » refers to any User, i.e. any natural or legal person, whether registered on the Website or not, who consults the Website or its content, who downloads files, uses them, signs up via any form available on the Website, becomes a member, subscribes or contracts with the Provider.
The Provider and the User are hereinafter referred to as « the parties ».
The services offered on the Website strictly consist in making available to users a virtual place of exchange as well as to facilitate contacts between users.
The use of some services may involve the agreement of the User with regard to specific conditions, a license for use, or the respect of specific conditions.
By browsing the Website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the Website, becoming a member, subscribing or contracting with the Provider, the User formally signifies, without condition and without any reserve, his/her agreement to these terms and conditions and undertakes to comply with them.
These terms and conditions are applicable to any consultation of information, order, subscription and contract binding the parties. In addition, these terms and conditions exclude all other terms and conditions and supersede them.
The Provider reserves the right to amend these general terms and conditions at any time. Users shall be immediately notified of any amended or new clauses when they log in to their account or/and when they consult the Website for the first time after it has been amended. These amendments will apply immediately to any use of the Website.
Nevertheless, Users are advised to regularly refer to the latest version of these terms and conditions, permanently available at the following address: https://immo.vlan.be/fr/conditions_generales or https://immo.vlan.be/nl/algemeen_voorwaarden or https://immo.vlan.be/en/general_conditions .
2. Access & Use of the Website and its content
The use of the services available on the Website is reserved for people who can legally conclude contracts, as stipulated under the applicable law. Minors of age, as well as all other people who do not have the legal capacity to do so, may not use the services.
By registering, creating an account, using the content of the Website, downloading the data and information, or by becoming a member, the User certifies:
- not to be a minor and to have the legal capacity to conclude this agreement with the Provider;
- to be financially responsible for any use that he/she makes of the services and/or the Website;
- to avoid any use of his/her account by other persons, including, but not limited to, minors.
The Website may be consulted by computers on which recent software is installed (browser, operating system, etc.). The Provider does not guarantee any compatibility and can in no way be held responsible if the User cannot consult and/or use all or part of the Website or of its content, whatever the reason.
Therefore, it is the User’s responsibility to acquire the technological and human means necessary to ensure his/her capacity to connect to the Website.
In the context of User access to the Website or its content, the User is expressly prohibited, in any manner whatsoever and whatever the technical means used, to:
- attempt to gain access to the parts of the Website that are not publicly available on line;
- perform any act which, at any time, could jeopardize the proper functioning of the Website in any manner whatsoever;
- use any (automatic) system whatsoever, such as, but not limited to, « robots », « spiders », « offline readers », etc., the purpose of which is to create: (1) Denial-of-service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS and application DDoS); (2) messages to influence the questions and queries, responses and participation in competitions, votes, or any interaction with another User of the Website, even when the User responds to a request made on the Website (e.g., a participation in a contest);
- read the contents of other users in a systematic way in order to use these data outside of the Website;
- use programs that enable the automatic indexing of data (e.g., « crawlers »);
- to display, download, send, transfer by email or any other manner, any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
- consult, display, download, send or transmit any content that is contrary to international laws in force;
- attempt to mislead other users by usurping the name or the business name of other persons;
- download, view, send, transfer by email or any other manner any violent content, any patent, trademark, trade secret, intellectual property right or any other property right belonging to others;
- download, view, transmit by email or any other manner any content that contains computer viruses or any other code, file or program designed to interrupt, destroy, impede, disrupt or limit the operation of any software, computer, service, server, network or telecommunications tool, this list being non-exhaustive;
- commit any action having a disruptive effect that impedes the ability of other users to access the Website;
- refuse to comply with any requirements, procedures, general regulations or regulatory provisions applicable to networks connected to the Website;
- harass in any way whatsoever one or several other users of the Website or of its content;
- collect and store personal data relating to other users;
- use his/her login and/or password in an unauthorised manner, as well as the login and/or the password of another User;
- post online messages of a promotional nature on the services;
- create a direct or indirect link, or include descriptions of property and/or services that are prohibited under these terms and conditions, and which users do not have the right to propose or include in view of these terms and conditions.
In the event of behaviour or an act contrary to the points referred to above, the User shall immediately inform the Provider via the email address: email@example.com.
If applicable, the Provider reserves the right, without justification or indemnity, to remove or edit any content that may be qualified as obscene, malicious, contrary to good morals, or damaging to the Provider, its partners or other users.
In the event of behaviour and/or an act that fails to comply with the points above, the Provider also reserves the right to deactivate and terminate the account of the User responsible for the behaviour and/or act in question.
The User undertakes to take all reasonable and necessary precautions to protect his/her equipment or data from viruses, bugs, Trojan horses, or any other malicious computer program, of any nature whatsoever.
For access to or the use of certain parts of the Website, the User may need to register or become a member. In this case, when registering, the User undertakes to provide full, accurate and up-to-date data and to ensure regular updating. If such is not the case, the Provider will be entitled to suspend or terminate the User’s account or to deny access to all or any part of the Website or its content.
If applicable, the User undertakes to keep his/her login and password secret and not to share them with third parties. The User remains solely responsible for the confidentiality of his/her password and any use that may occur without his/her knowledge. In case of doubt on the confidential character of the password, it is the User’s responsibility to change it immediately or to notify the Provider in writing in the shortest time possible.
The User accepts that the features proposed on the Website are likely to evolve. Some of these features will be removed and others will be added, and the User thus may not consider that access to a particular feature constitutes an acquired right. Similarly, the Provider alone will decide to include or delete any content presented on the Website.
The Provider reserves the right, at any time and for any reason whatsoever, to modify or discontinue, whether temporarily or permanently, all or part of the access to the Website and to do so without prior notice to users.
Such will be the case, for example, for the maintenance of the Website or a major change in the content and/or features proposed.
Such will also be the case should the Provider legitimately believe that the User has violated or acted in contradiction with these terms and conditions or any other legal requirement in force at the time of the violation.
The User receives the right to consult the Website and its content for personal use only. To this effect, the User enjoys a personal licence for use of the Website and its content which is non-transferable and exclusively limited to use for personal purposes. The duration of use of the licence is limited to the duration of the User's access to the Website.
Unless expressly agreed to by the Provider, any commercial use of the Website is strictly prohibited. The term « commercial use » refers to, but is not limited to, any sale or rental of various features of the Website, records of all or part of the content available on the Website, or any use of the Website and its components for the sole purpose of generating revenue.
In addition, it is strictly forbidden for the User, who moreover may not grant authorisation to others, to:
- modify, reproduce, copy, borrow and distribute all or part of the Website or its content;
- create derivative works based in whole or in part on the elements present on the Website;
- invert the design or assembly or in any other way attempt to find the source code of all or part of the Website;
- create a hypertext link to or from the Website without the prior and express agreement of the Provider;
- sub-license or transfer in any way any right related to the Website and/or its content, including, but not limited to, any right relating to the software.
4. Intellectual and industrial property
The concept, content, layout, structure, source codes, programming, images, photos, information, elements of information, logos, designs, trademarks, models, slogans, software, animations, audiovisual works, texts, data, database, music and all the other elements of the Website and, general speaking, the content as well as the structure of the Website, belong, are and remain the exclusive property of the Provider, and are protected by the various laws covering intellectual and/or industrial property (including copyright law, trademark law, the sui generis right of the database producer, etc.), which the User recognises and accepts.
By browsing, consulting, registering with, becoming a member, downloading files, or using the contents of the Website in any manner whatsoever, the User in no way becomes the holder of any of the rights referred to above or any assimilated rights.
The Provider guarantees that the elements present on the Website and made available to the User at the sole initiative of the Provider respect the rights of third parties and are generally are not unlawful.
The storage of any information and/or element of the Website in an electronic database is not permitted, with the exception of the automatic collection of data by the browser.
By placing certain data, texts, images, and/or any other element on line, the User grants the Provider, automatically and free of charge, the exclusive authorisation to reproduce these elements, to communicate them and/or to use them otherwise, both on the Website and in one or several magazines or products published by the Provider.
By concluding contracts with other users, the User undertakes to respect the intellectual property rights of the latter and assumes full responsibility for each offence committed as well as any resultant costs.
5.1. The User’s responsibility
The consultation and use of the Website, as well as the download of files, of any nature and employing any technical means whatsoever, from the Website and its content shall always take place under the User’s responsibility, including towards third parties.
Each User shall be personally responsible for his/her registration and/or affiliation, as well as of any abuse or damage that may result, or of information, data, photos, or any other element published in the context of an advertisement, comment, or in his/her personal space. The User is therefore the guarantor of the content.
The Provider cannot be held liable for any misuse of the registration, affiliation, login and/or password whatsoever.
The User also agrees to be responsible, towards any person, and more particularly towards the people represented, in any manner whatsoever, for any content that he/she publishes either on the Website or through the intermediary of the Website.
The Website may contain links to other websites for which the Provider has no control over the technical aspects or content. The User remains solely responsible for the decision to activate these links. Consequently, in no case does the Provider guarantee the accuracy and completeness of the content, nor the access to and availability of these other websites or the external links to which they refer, nor the consequences which may result from the consultation and/or the use of these sites in any manner whatsoever. Therefore, it is the User’s sole responsibility to determine whether it is appropriate to visit these sites.
If the User places a message, of any nature whatsoever, or any other form of information, data and/or opinion on the Website, he/she shall undertake to exclusively use information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. To this end, the User expressly guarantees the Provider against any complaint or action brought by third parties based on the content that he/she may place on the Website.
5.2. The Provider’s responsibility
The Website is a place for the exchange of information between users. The services – free of charge for the most part – are mainly intended for the non-professional, reasonable and normal use of a wide number of visitors. The Provider does not benefit directly from the transactions carried out on or via the Website. The Provider therefore cannot guarantee the necessities and conditions of a professional use of the Website, in particular with regard to the speed, accessibility and/or accuracy of the services or data.
The Provider is bound by a best-efforts obligation. The Provider shall in no case be held liable for any direct or indirect damages that the User may incur when he/she uses the Website, linked sites, and/or the content made available.
The Provider shall make its best effort to ensure that the data and documents that are part of the Website are complete, accurate and up-to-date. The presence of errors and/or omissions and/or expired data can never be excluded, therefore the Provider gives no guarantee in this regard.
Similarly, the Provider shall only be liable for fraud or gross negligence on its part. It shall not be responsible for the fraud or gross negligence on the part of its employees, principal mandataries and agents in general.
The Provider shall make its best efforts to ensure that the Website remains accessible at all times to a normal number of users, but cannot be held liable for any direct or indirect damage linked to a modification, suspension or interruption of access to the Website, for any reason whatsoever.
Nor is the Provider responsible for the contacts and relations between users of the Website.
Moreover, the Provider does not guarantee the compatibility of the files that are part of, or which appear on, the Website with the User’s equipment, nor does the Provider guarantee accessibility to these elements.
The User will also release the Provider from any claim with respect to one or the other of the following cases:
- loss of opportunities or revenue of any nature whatsoever due to the operation or non-operation, or of the use or the absence of use, of the Website, or of the content it contains or should contain;
- illegal or non-authorised intrusion by any third party into the Provider’s web server or on its Website;
- the introduction of a computer virus into the web server or on the Website;
- temporary overload of the bandwidth;
- interruption of the internet connection service due to a cause that is beyond the Provider’s control.
The User recognises and accepts:
- the restrictions and the risks related to the use of the internet or any other means by which the Website is currently, or will be, made available;
- the risk of storage and transmission of information by electronic or digital means;
- the fact that the Provider cannot be held responsible for any damage caused by the use of the Website (as well as of all or part of its content) or the internet consequent to the above-mentioned risks;
- the fact that the electronic communications exchanged and the backups made by the Provider can serve as evidence.
Although the Provider will make every effort to safeguard the Website from bugs, viruses, trojan horses, and spyware, these cannot be excluded.
The Provider cannot under any circumstances be held responsible for any injury and/or loss that may result from them, particularly with regard to User data. Users are therefore strongly advised to install firewalls, anti-virus software, and other protection software necessary to safeguard their hardware from any damage and to be cautious when sharing personal data.
If such should be discovered, it is the User’s responsibility to limit the extent of the prejudice by taking appropriate measures.
With regard to messages from third parties, the Provider can in no way be held liable for any prejudice that may result, nor of any errors in their content. All texts, data, photos, videos, messages or other materials placed within these messages fall under the exclusive responsibility of the person who has posted them.
The advertisements that are inserted on the Website are always the task of third parties. The Provider can in no case be held liable for the legality, accuracy, offer, content, proper operation and/or the quality of the property and/or services offered in the context of these advertisements.
6. Privacy and the protection of personal data
7. Miscellaneous provisions
7.1. Force Majeure
The Provider cannot be held contractually or extra-contractually liable for the temporary or definitive failure to fulfil its obligations when this failure is the result of an event of force majeure or unforeseen circumstances.
The following events will be considered as cases of force majeure or unforeseen circumstances: (1) the loss or the total or partial destruction of the Provider’s computer system or database when the Provider cannot reasonably be held directly responsible for one or the other of these events and it is not demonstrated that the Provider has failed to take reasonable measures to prevent one or the other of these events; (2) earthquakes; (3) fire; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether declared or not; (8) lock-outs; (9) blockades; (10) insurrections and riots; (11) the interruption of a supply of energy (such as electricity); (12) the failure of the internet network or of the data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the internet network or to the telecommunications network on which the Provider is dependant; (15) an act or a decision of a third party when this decision affects the proper execution of this contract; or (16) any other cause beyond the reasonable control of the Provider.
If, due to circumstances beyond the control of the Provider, the execution of its obligations is not possible or is simply rendered more costly or difficult, the Provider and the User shall undertake to negotiate fairly and in good faith an adaptation of the contractual terms and conditions within a reasonable time in order to restore an equilibrium. In default of agreement within a reasonable period of time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Any illegality or nullity of an article, paragraph or provision (or a part of an article, paragraph or provision) cannot affect in any way the legality of other articles, paragraphs or provisions of these terms and conditions, nor shall it affect the rest of this article, paragraph or provision, unless a contrary intention is obvious in the text.
If any part of these terms and conditions is considered completely invalid, the Provider will replace it by a provision which come as close as possible to the economic effect of the provision declared invalid.
The titles used in these terms and conditions are for the purposes of reference and convenience only. They do not affect the meaning or the scope of the provisions that they designate.
7.4. Full and entire agreement
These terms and conditions as well as any contract (including a subscription contract), when it is applicable, represent the full and entire agreement between the parties.
No declaration, representation, promise or condition not contained in these terms and conditions can or shall be admitted to contradict, modify or affect them in any way.
In addition, these terms and conditions as well as any contract (including a subscription contract or special conditions), when applicable, shall supersede any prior agreement between the parties and shall apply to any new agreement.
Any dispute relating to the Provider’s services, as well as any dispute as to the validity, interpretation or execution of these terms and conditions shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Brussels.