1. LEGAL NOTICES
The website https://www.konvivio.be that you use (hereinafter the “Site”) is published by KONVIVIO sprl (BE0712.750.654), whose registered office is at 1040 Etterbeek, rue des Pères Blancs, 4 (hereinafter “KONVIVIO” or “We”) (Email : firstname.lastname@example.org ).
2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS
The purpose of these General Terms and Conditions of Use of the Site (“GTC”) is to define the conditions applicable to any use of the Site, mainly access to the Site and its use by any user (“You”). Use of the Site implies acceptance without reservation of the TOS, which you acknowledge having read and understood. If you do not accept the TOS, you may not use the Site and are requested to log off immediately.
The TOS are posted online and can be viewed at any time on the Site. They may be modified at any time, without prior notice, according to changes made to the Site, changes in legislation or for any other legitimate reason. Any modification made to the GTU will become effective 7 days after it is posted online.
3. TERMS AND CONDITIONS OF ACCESS TO THE SERVICE
Vous pouvez uniquement utiliser le Site et les informations qu’il contient pour votre usage privé, en conformité avec les lois et règlements applicables et avec les CGU. Toute utilisation ou extraction commerciale du Site ou des informations qu’il contient est interdite, sauf autorisation écrite préalable de Digital Meeting.
L’accès à votre espace personnalisé « my.digital-meeting.be » vous est réservé après identification à l’aide de votre identifiant et de votre mot de passe. Votre identifiant est nécessaiarment une adersse email valide. Vous êtes libres de déterminer ce mot de passe, dans le respect des contraintes de sécurité fixées par Digital Meeting. Vous restez seul responsable des informations transmises et stockées sur votre espace personnel « my.digital-meeting.be ». Vous pouvez à tout instant ajouter, modifier ou retirer ces informations. Vous reconnaissez que votre mot de passe est strictement personnel et confidentiel et vous vous engagez à prendre les mesures utiles pour maintenir cette confidentialité, en ce compris par des modifications régulières de votre mode passe. L’utilisation que vous feriez de votre identifiant et/ou de votre mot de passe sur d’autres sites Internet se fait à vos risques et périls. Digital-Meeting ne pourra en aucun cas être tenue responsable en cas d’accès frauduleux à votre espace personnel « my.digital-meeting.be », de changement effectué à votre espace privé «my.digital-meeting.be» par un tiers non autorisé ou d’action effectuée à partir de votre espace privé «my.digital-meeting.be» par un tiers non autorisé.
Digital Meeting se réserve le droit de supprimer ou de suspendre d’initiative et à sa seule discrétion votre espace privé « my.digotal-meeting.be ». Cette suppression ou cette suspension d’initiative peuvent être le résultat de l’inutilisation du compte pendant une période donnée et/ou une mesure temporaire prise par Digital Meeting à l’encontre d’un compte suspect. Digital Meeting ne pourra être tenue responsable de quelque dommage que ce soit causé par une telle suppression ou suspension. Pour autant que vous demandiez à Digital Meeting la fourniture d’un contenu numérique, vous acceptez l’exécution immédiate du contrat et renoncez à votre droit de rétraction.
4. Prices and payment
The prices of our services and subscriptions are calculated and indicated in euros, excluding VAT. All orders, regardless of their origin, are payable in euros. We reserve the right to change our prices at any time. However, our services and subscriptions are always invoiced on the basis of the rates in force at the time the order is placed. Unless otherwise agreed, the special price conditions granted to customers do not apply to promotional offers.
Payment for purchases is made by bank transfer, direct debit and Visa or Mastercard credit cards. The customer agrees to pay the full price and charges for the product purchased, including taxes. An invoice can be issued at the customer’s request, provided that the customer has expressed this wish at the time of subscription. These invoices are payable in cash. Invoices not paid on the due date shall be increased by right and without notice of default, as a penalty clause of 10% with a minimum of 25 euros, as well as legal interest calculated on the amount invoiced from the due date of the invoice. The customer is solely responsible for payment. We decline all responsibility for any payment problems related to the operation of the e-commerce service. Online payments are made through the secure website of Mollie. The customer accepts the conditions of use of the website https://www.mollie.com.
5. Subscription conditions
5.1 Activation of subscriptions
Subscriptions are activated within 7 working days of receipt of payment, unless otherwise agreed or unless something unforeseen occurs.
5.2 Duration of a subscription
In the case of subscriptions, the renewal of the subscription for an equal duration is tacit and automatic. From the 12th month of the subscription, any subscriber may terminate the subscription at any time, provided that the termination is sent by registered letter. The cancellation will be effective at the end of the subscription period.
6. WARRANTY AND LIABILITY
The Site and its content are provided “as is” and without any express or implied warranty as to their quality, conditions of use and/or availability.
6.1 Quality of information and content
Digital Meeting is only bound by an obligation of means with regard to the quality of the content of the Site; in this respect, it has no obligation of result of any kind. In general, Digital Meeting does not guarantee the completeness, exhaustiveness, accuracy, legitimacy, reliability or availability of the content of the information and services offered on the Site and the private area “my.digital-meeting.be”. Digital Meeting makes every effort to provide you with quality content but cannot be held responsible for any consequences resulting from your use of the Site or the information contained therein.
More specifically, Digital Meeting provides you with management tools on the Site that are as reliable as possible and are updated regularly. Nevertheless, Digital Meeting cannot be held responsible if errors are found in the content of these tools or in the online help. The information will always be considered as “provisional” so that it must always be confirmed by Digital Meeting. The same applies to the prices indicated on the Site or in the private area “my.digital-meeting.be”.
Digital Meeting shall make reasonable and diligent efforts to maintain the security and operational integrity of the Site by adopting security measures appropriate to the nature of the data and the risks presented by its activity. Except in the case of fraud or gross negligence, Digital-Meeting cannot be held responsible for any interruption of access to the Site or for the damaging consequences that may result for you or for third parties. In general, Digital Meeting cannot be held responsible, except in case of fraud or gross negligence, for damages (direct or indirect) resulting from incidents, temporary or permanent, which would affect your data or your computer equipment and which would have been caused by your access to the Site.
Digital Meeting cannot be held responsible for the fraudulent use of its Website and services and declines all responsibility in case of intrusion in its computer systems or data theft, it being understood that Digital Meeting undertakes to take reasonable measures to prevent such illicit intrusions.
Despite our efforts to ensure the accuracy of the information and/or documents provided on the Site or in the private area “my.digital-meeting.be”, Digital Meeting declines all responsibility of any nature whatsoever in the event of inaccuracy or lack of updating of any information, proposal or other document present on the Site.
Except in the case of fraud or gross negligence, Digital Meeting (including any of its affiliates, officers, directors, agents and employees) shall not be liable in contract or tort (including negligence) for any commercial loss you may suffer (loss of data, profits, turnover, business, opportunities, customer value, reputation or business interruption) arising, directly or indirectly, from the use of the Site or the services provided by Digital Meeting.
Except in the event that Digital Meeting has been duly informed of the existence of illegal content within the meaning of the legislation in force, and has not acted promptly to remove it, Digital Meeting cannot be held responsible for the content or the actions (or lack of action) of the users of the Site or the services.
Without prejudice to the foregoing, if Digital Meeting is held liable, for any reason or cause whatsoever, by any court or competent authority, to you or any third party for any act whatsoever, our liability shall not exceed EUR 25,000.
7. YOUR RESPONSIBILITY TO THE SERVICE PROVIDER
7.1 Your Content – responsibility
By communicating information to Digital Meeting, whether via your private space “my.digital-meetig.be”, by e-mail or in any other way, you guarantee that you are using your true identity and that all information provided is, to the best of your knowledge, true, accurate, up-to-date and complete at the time you provide it to us. If you discover that any of the information you have provided is incorrect or out of date, you undertake to notify us. If you fail to do so, we cannot be held responsible for any consequences that may result.
When you submit information and content such as photos, documents, descriptions, comments or reactions to us, whether via the e-mail address email@example.com, via the various tools enabling you to submit such information on the Site (in particular your private space “my.digital-meeting.be”) or in any other way, you undertake to comply with all of these GCU as well as with all of the applicable legal and regulatory provisions.
You acknowledge that you are solely responsible for the content posted online by you or through your private space “my.digital-meeting.be” and for any consequences that may result from it.
If you post content protected by intellectual property rights (photo of a property, text, drawing, etc.), you guarantee that you yourself are the author of this content or that you have received the necessary authorisation for this distribution. You also guarantee that your content does not contravene morality or good manners. In addition, when the content put online is a photo representing an identified or identifiable person, you undertake to check beforehand that this person has given his or her consent, even if you are otherwise the author of the said photo.
7.2 Removal/modification of content
You will indemnify Digital Meeting against any claim and/or proceeding brought by third parties, in whatever form and nature, arising out of information provided by you or conduct by you in violation of these TOU or any applicable law or regulation. In this respect, you will be responsible for all damages and interest that Digital Meeting may be ordered to pay, as well as any legal fees and expenses that it may have to incur or bear. Digital Meeting undertakes to inform you as soon as possible of any such claim and/or procedure.
8. HYPERLINKS TO OTHER SERVICES
The Site may link to other services over which Digital Meeting has no technical or content control. The existence of a hyperlink to another service does not constitute an endorsement of that service or its content.
Digital Meeting declines all responsibility for direct or indirect damage resulting from the consultation or use of the web services to which the Site refers or from the information published on these services. It also declines all responsibility for the processing of personal data on these services.
9. INTELLECTUAL PROPERTY
9.1 Intellectual property of Digital Meeting
Subject to the content that you publish, the Site as a whole and the various elements appearing on the Site (such as texts, photographs, catalogues, layouts, brands, logos, illustrations, specific software, videos) may be protected by intellectual property rights belonging to Digital Meeting or its licensors. Where applicable, they have been the subject of an authorisation for publication, distribution or a right of use acquired from these third parties.
The logo, the name of products, services or the name of companies mentioned on this Site may constitute trademarks, trade names, company names or be protected by other exclusive rights of their respective owners. You expressly agree to respect these exclusive rights.
Digital Meeting only grants you a free, personal, non-exclusive, retractable and non-transferable right to access and use the Site and the private area “my.digital-meeting.be”, subject to compliance with these GTC.
Subject to the exceptions provided for by law, you are prohibited from modifying, copying, distributing, transmitting, disseminating, publishing, licensing, transferring, selling, reproducing or having reproduced all or part of the information or services obtained from this Site, temporarily or permanently, by any process, known or unknown, on any medium, without the prior written consent of Digital Meeting. Failure to comply with this prohibition may constitute an infringement of copyright, for which you may be held civilly and criminally liable.
Hyperlinks to the Site are tolerated on condition that they refer to the home page and are not accompanied by any denigrating or defamatory remarks about the Site.
9.2 Your Intellectual Property
For content protected by intellectual property rights that you own and that you have published on the Site or that you have sent to us in any other way, you grant Digital Meeting a non-exclusive, transferable, sub-licensable, free and worldwide licence to use, reproduce, modify, translate, distribute, adapt and communicate such content. This licence shall apply for the duration of the legal protection of the intellectual property rights concerned.
10. CONFIDENTIALITY AND RESPECT
You agree to treat as strictly confidential and not to pass on to third parties any commercial information (market analyses, comparisons, prices, images, etc.) that Digital Meeting may send to you as a result of a specific request that you may have sent to Digital Meeting from the Site, from the “my.digital-meeting.be” private area or in any other way. You are also prohibited from using information obtained from the Site to abuse, harass or harm another person or to promote, solicit or sell information about that person without that person’s prior explicit consent.
11. PROCESSING OF PERSONAL DATA
12.1 Evidence Agreement
You agree that we may exchange with you any information necessary for the management of the Site by electronic means. Any electronic communication between you and us is presumed to have the same evidential value as a written document on paper. The use of your private space “my.digital-meeting.be”, protected by a unique identifier and a password, allows Digital Meeting to consider that you are the one using the Site. Any communication or notification that is sent to this private space or to the e-mail address that you provided when creating (or updating) this private space shall be considered to have been validly sent to you.
If one or more provisions of the TOS should be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, such situation shall not affect the validity of the remaining provisions. The void, invalid, illegal or unenforceable clause will be retroactively replaced by a valid and enforceable clause that is as close as possible to the content of the original clause.
12.3 Entirety of the agreements
These GTC and the Charter constitute the entire agreement between Digital Meeting and you concerning access to and use of the Site and the private area “my.digital-meeting.be” and cancel and replace all previous communications, offers, proposals or correspondence, whether verbal or written, between Digital Meeting and you.
12.4 Force majeure
Notwithstanding any provision to the contrary, neither party shall be liable for any delay in the performance or non-performance of its obligations resulting from events of force majeure (such as strikes, war, earthquakes, disasters of any kind, explosions, fires, heat waves, floods and any other case of force majeure as defined in Belgian law).
12.5 Applicable law and competent courts
The GTC are governed and interpreted in accordance with Belgian law. Any dispute relating to the use of this Site and to the validity, interpretation, performance or non-performance of these GCS will fall under the exclusive jurisdiction of “the French-speaking Business Court of Brussels ruling in the French language”.