Terms and Conditions of Use
1. Definitions and application of the General Conditions of Use
The “Website” is the website available at the following address www.one-gdrp.eu.
The Website is administered and managed by ONE GDPR SRL, whose registered office is located at 161 Drève Richelle, Building M, Box 57, 1410 Waterloo, Belgium, which can be contacted at the following email address: firstname.lastname@example.org, registered with the ECB under number: BE 0780.732.016, hereinafter referred to as “the provider“.
The term “User” refers to any user, i.e. any natural or legal person, who consults the Website or its content, downloads files, uses them, registers via any form available on the Website, or contracts with “the provider”.
“The Provider” and the “User” are hereinafter referred to as “the Parties“.
By surfing the Website, reading documents, consulting them and/or using them in any way, registering via any form available on the Website, or contracting with “the Provider”, the “User” formally, unconditionally and without any reservation whatsoever, agrees to these terms and conditions and undertakes to respect them.
These terms and conditions are applicable to all information consultations, orders and contracts between “the Parties”. In addition, these general terms and conditions exclude and supersede all other general terms and conditions.
“The Provider” reserves the right to change these terms and conditions at any time without prior notice. Such changes shall apply immediately to any use of the Website.
Additional rules and guidelines shall be deemed to be an integral part of these terms and conditions. The “User” is therefore advised to refer regularly to the latest version of these conditions.
2. Access to and use of the website and its contents
The Website can be accessed by computers on which current software is installed (browser, operating system, etc.). “The Provider” does not guarantee any compatibility and cannot be held responsible if the “User” is unable to view and/or use all or part of the Website or its content, for whatever reason.
Consequently, it is up to the “User” to equip himself with the necessary computer resources, and possibly human resources, to ensure his connectivity with the Website.
In the context of the User’s access to the Website or its content, the “User” expressly refrains, in any way whatsoever and whatever the technical means used, from :
- attempt to gain access to parts of the Website that are not publicly available online;
- do any act that may, at any time, impair the proper functioning of the Website in any way;
- use any (automatic) system, such as, but not limited to, bots, spiders, off-line readers, etc., for the purpose of creating denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS);
- post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise objectionable;
- consult, post, download, send or transmit any content that is contrary to international laws in force;
- attempt to mislead other users by impersonating the name or company name of others;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right of any person;
- upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer service, server, network or telecommunications equipment;
- commit any action that has a disruptive effect on the ability of other “Users” to access the Website;
- refuse to comply with any requirements, procedures, general rules or regulations applicable to the networks connected to the Website;
- harass in any way one or more other “Users” of the Website or its content;
- collect and store personal data about other “Users”.
The “User” undertakes to take all reasonable and necessary precautions to prevent his equipment or data from being affected by viruses, bugs, Trojan horses, or any other malicious computer programs of any kind.
In order to access or use certain parts of the Website, the “User” may be required to register or enroll. In this case, when registering, the “User” undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Otherwise, the Service Provider shall be entitled to suspend or terminate the service for which the “User” has registered or applied, or to refuse the “User” access to all or part of the Website or its content.
The “User” accepts that the functionalities offered through the Website may change. Thus, some features will be removed and others added, without the “User” being able to consider that access to a particular feature constitutes an acquired right. Likewise, “the Provider” will decide whether to include or remove any content presented on the Website.
“The Provider” reserves the right, at any time and for any reason, to modify or interrupt temporarily or permanently all or part of the access to the Website without prior notice to the Users. This will be the case, for example, in the event of maintenance of the Website or significant modification of the content and/or functionalities offered.
This shall also apply if “the Provider” has reason to believe that the “User” has violated or acted inconsistently with these Terms and Conditions or any other legal requirement in force at the time of the violation.
The “User” is only granted the right to consult the Website and its contents on a personal basis. As such, the “User” is granted a personal license to use the Website and its content, which is non-assignable, non-transferable and exclusively limited to personal use. The duration of the user license is limited to the duration of the User’s access to the Website.
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 the various features of the Website, recordings 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.
It is also strictly forbidden for the “User”, who may not otherwise grant permission to others, to :
- modify, reproduce, copy, borrow, distribute all or part of the Website or its content;
- create derivative works based in whole or in part on the material on the Website;
- reverse engineer or assemble or otherwise attempt to discover the source code of any part of the Website;
- create a hypertext link to or from the Website without the prior and express consent of “the Provider”;
- sub-license or transfer in any manner whatsoever any rights in the Website and/or its contents, including but not limited to any rights in the software.
4. Intellectual and industrial property
The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website and, in a general way, the content as well as the structure of the Website, belong to, are and remain the exclusive property of “the Provider”, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the producer of the database, etc.), which the user acknowledges and accepts.
By surfing the Website or consulting it, registering, or using the content of the Website in any way, the “User” does not become the owner of any of the rights referred to above or of the assimilated rights.
Therefore, the “User” may not resell to a third party or reproduce for resale copies of the documents downloaded from the Website.
“The Provider” guarantees that the elements on the Website made available to the “User” by “the Provider” alone respect the rights of third parties and are not unlawful in general.
The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser.
a) Responsibility of the « User »
The consultation and use of the Website and its contents, of whatever nature and with whatever technical means, always take place under the responsibility of the “User”, including third parties.
The Website may contain links to other websites over which “the Provider” has no technical or content control. The “User” is only responsible for the decision to activate such links. The Service Provider therefore does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore up to the “User” to determine for himself whether it is appropriate to visit these sites.
b) Liability of « the Provider »
“The Provider” is bound by an obligation of means. The Service Provider shall not be held liable for any direct or indirect damage that the “User” may incur when using the Website, the sites linked to it, 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, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be excluded and “the Provider” therefore gives no guarantee in this respect.
The Contractor shall also only be liable for his own wilful misconduct or gross negligence. He shall not be liable for the wilful misconduct or gross negligence of his employees, principals and, as a rule, of his agents.
“The Provider” shall use its best efforts to ensure that the Website remains accessible at all times for a normal number of Users, but shall not be liable for any direct or indirect damage arising from any modification, suspension or interruption of access to the Website, for whatever reason.
“The Provider” is also not responsible for contacts and relationships between users of the Website.
The “User” shall also hold the Service Provider harmless from any claim in any of the following cases:
- loss of opportunity or revenue of any kind arising out of the operation or non-operation, or use or non-use, of the Website, or the content thereon or to be found thereon;
- illegal or unauthorized intrusion by any third party into the web server or the Provider’s Website;
- introduction of a computer virus into the web server or the Website;
- temporary bandwidth congestion ;
- interruption of the internet connection service due to a cause beyond the control of “the Provider”.
The “User” acknowledges and agrees:
- the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or in the future made available;
- the risks of storing and transmitting information electronically or digitally;
- the fact that the Service Provider cannot be held responsible for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, as a result of the aforementioned risks;
- the fact that the electronic communications exchanged and the backups carried out by the Service Provider may be used as evidence.
Although the Service Provider makes every effort to keep the Website free of bugs, viruses, trojan horses and spyware, these cannot be excluded. The Service Provider cannot be held responsible for any damage and/or loss that may result, in particular with regard to Users’ data. “Users” are therefore strongly advised to install the necessary firewalls, anti-virus software and other protective software to prevent damage to their computers and to be cautious when communicating personal data.
6. Miscellaneous provisions
a) Force majeure
The Service Provider shall not be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations where such non-performance is the result of force majeure or unforeseen circumstances.
In particular, the following events will be considered as force majeure or fortuitous events :
- the total or partial loss or destruction of the provider’s computer system or database where either of these events cannot reasonably be attributed directly to “the provider” and it is not shown that “the provider” failed to take reasonable steps to prevent either of these events;
- earthquakes ;
- fires ;
- flooding ;
- epidemics ;
- acts of war or terrorism;
- strikes, whether declared or not ;
- lock-outs ;
- blockades ;
- insurrections and riots ;
- a cessation of energy supply (such as electricity);
- a failure of the Internet or the data storage system;
- a failure of the telecommunications network;
- loss of connectivity to the Internet or telecommunications network on which the Service Provider depends;
- an act or decision of a third party where that decision affects the proper performance of this contract; or
- any other cause beyond the reasonable control of “the Provider”.
If, due to circumstances beyond the control of the Service Provider, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the Service Provider and the “User” undertake to negotiate in good faith an adaptation of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either Party may terminate the contractual relationship between them without compensation or indemnity of any kind.
The possible 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 general conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is evident from the text.
If any part of these terms and conditions is found to be completely invalid, “the Provider” shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.
The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.
d) Full and complete agreement
These terms and conditions represent the whole and entire agreement between “the Parties”.
No statement, representation, promise or condition not contained in these terms and conditions can or shall be admitted to contradict, modify or affect in any way the terms of these terms and conditions.
In addition, these general terms and conditions replace any previous agreement between “the Parties” and apply to any new agreement.
e) Applicable law and jurisdiction
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, “the Parties” undertake to have recourse to mediation prior to any other method of dispute resolution.
“The Parties” shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, “the Parties” define between themselves, with the help of the mediator, the modalities of organization of the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If mediation fails, only the courts of the judicial district of Walloon Brabant will be competent.
Last update: March 2022