Welcome to www.bestbrands.be (the "Website"). These User Terms of Service (as well as the documents referred to herein) ("UTS") govern the use of the Website by the user ("User").
The User accepts the content of these UTS without reservation and acknowledges that they are binding on him or her for as long as the User has an account.
The User is asked to read these UTS carefully before using the Website.
Registration on the Website constitutes express acceptance in full of these UTS.
Any questions about these UTS should be sent to Serviceplan (as defined below) at the following email address: firstname.lastname@example.org. Use of the Website is subject to the acceptance in full of these UTS.
1.1 The Website is operated by Serviceplan ("Serviceplan"), a Belgian company with its registered office at the following address:
- 124 Bovenberg
1150 Brussels (Woluwe-Saint-Pierre)
Crossroads Enterprise Database number: 0416.888.281
VAT number: BE 0416.888.281
E-mail address: email@example.com
In these UTS, the following words and expressions shall have the meaning set out below:
"Services" means the entirety of services proposed by or through the Platform.
"Website" means www.bestbrands.be.
3.1 The service provided by Serviceplan consists of supplying an easy-to-use platform that allows the User to discover all about Best Brands and the results of the survey conduct-ed by GfK.
4.1 To access the Services, the User must connect bestbrands.be ("Connection").
5. RULES OF USE
5.1 This article sets out rules applicable to use of the Platform and the services of Serviceplan by the User ("Rules of Use").
The User shall ensure that the e-mail address used to create his or her account is active and consulted regularly.
5.2 By using the Platform, the User undertakes not to:
- provide false or misleading information upon Connection;
- authorise another person to use the Platform under his or her name or on his or her behalf;
- use the Platform when the User has been suspended or banned from doing so by Serviceplan;
- post undesirable or repetitive comments or spam on the Platform;
- engage in illicit or unlawful behaviour, such as posting defamatory comments or comments that infringe the rights of a third party;
- modify, disrupt, hack, interrupt or interfere with the Platform;
- interfere in a disloyal or illegal manner, manipulate the coding system or the User feedback system;
- breach the applicable rules, in particular those in effect in the advertising sector;
- send or use content without the authorisation of its owner or infringe in any other way copyright, trademark rights or any other rights belonging to a third party.
5.3 Noncompliance with these Rules of Use constitutes a material breach of the present UTS and entitles Serviceplan to unilaterally take one or more of the following measures (with or without notice):
- immediate - temporary or permanent - withdrawal of the right to use the Platform;
- immediate - temporary or permanent - removal of all or some of the content available on the Platform;
- legal action, in order in particular to recover all costs incurred due to noncompliance with these Rules of Use (including, for example, administrative fees and reasonable legal fees);
- the disclosure of information to the competent authorities, should Serviceplan deem this necessary.
Serviceplan may investigate any behaviour suspected to violate these Rules of Use. During such an investigation, Serviceplan is entitled to temporarily deprive the User of his or her right to use the Platform or remove without notice all comments posted by the User.
This list of measures is not exhaustive. Servicepan may take any other measures it deems appropriate.
The websites or webpages to which the Website is linked are for information purposes only and have not been examined by Serviceplan. Serviceplan assumes no liability for the content of these websites and webpages. Serviceplan further declines all liability for any losses or penalties incurred due to the use of any link or reliance on the content of any external website linked to the Website. Serviceplan does not endorse and is not responsible for the content of external websites that lead to the Website or that is found on the Website.
7. INTELLECTUAL PROPERTY
7.1 The User accepts and acknowledges that Serviceplan or its licensors are the holders of all intellectual property rights arising from the Platform. Unless expressly indicated otherwise in these UTS, the User does not benefit from any intellectual property right or license in relation to the Platform.
7.2 The User declares, accepts and warrants that Serviceplan and its service providers possess a non-exclusive, worldwide, perpetual, royalty-free irrevocable right (with the right to sub-license) to use and publish any text, photo, information or other material that the User posts on the Platform, in the context of Serviceplan’s commercial activities.
7.3 The User is authorised to download, print, temporarily store, recover and display information originating from the Platform for personal use. The User is not authorised (unless the User has received express permission to do so) to adapt or modify information from the Platform or any part thereof, and said information or any part thereof may not be copied, reproduced, republished, downloaded, posted, distributed or transmitted in any form to third parties for commercial ends.
8. LIABILITY OF SERVICEPLAN
8.1 Serviceplan provides access to the Platform and its content, presented "as is" and "as available".
8.2 The Platform and all documents and information or other materials available on the Platform are provided "as is". It is the User's responsibility to ensure that the Platform is suitable to realise his or her objectives. No liability is assumed by or in the name of Serviceplan for any errors, omissions or inaccurate documents or information on the Platform. The User accepts and acknowledges that the working of the Platform depends on the proper and efficient functioning of the Internet and on equipment and services provided by third parties and that Serviceplan provides no guarantee in this regard and in any case may not be held liable for the latter.
8.3 Serviceplan shall strive to keep the Platform accessible, but has no absolute obligation in this regard. Consequently, Serviceplan may not be held liable for any disruptions that are beyond its control and prevent access to the Platform or to any of its functionalities or for the ensuing consequences for the User. In the event of a disruption, Serviceplan shall use the means it deems most appropriate to remedy the situation as soon as possible. Serviceplan reserve the right to suspend access to the Platform, at any time and without notice, for technical or other reasons, without being held liable for these disruptions and any resulting consequences for the User or a third party.
8.4 Serviceplan shall make reasonable efforts to protect the Platform against computer viruses, worms and Trojan horses. However, Serviceplan does not guarantee that the Platform shall be free at all times from computer viruses, worms and Trojan horses and declines all liability for any damage that may arise as a result of the transmission of a virus, worm or Trojan horse via the Platform.
8.5 Unless provided otherwise by law or public policy, Serviceplan may be held liable only for actual damage and losses proven by the User that are a direct result of breach in whole or in part or faulty performance by Serviceplan of its contractual or extra-contractual obligations. The total damages and interest to be paid by Serviceplan, regardless of the cause, may not exceed EUR 1,000.
8.6 Serviceplan may not be held liable for indirect damage sustained by the User such as, for example, loss of revenue, loss of business, lost profits, loss of anticipated savings, or any indirect or consequential damage, costs or expenses.
9. FORCE MAJEURE
9.1 Serviceplan may not be held liable to the User for any delay or breach of any of its obligations due to an event of force majeure, including without limitation: natural disasters, acts of God, war, terrorist attacks, fire, flooding, explosions, power outages, telecommunications failures and civil commotion.
10. CONTRACTUAL DOCUMENTS
10.1 These UTS are applicable to the use by the User of the Platform and the Services. This document replaces in full any prior versions of the UTS which, consequently, no longer apply.
10.2 These UTS constitute the entire agreement between Serviceplan and the User relating to use of the Platform and the Services. If any provision of these UTS turns out to be invalid or inapplicable, the remaining provisions shall continue in full force and effect.
10.3 No forbearance or delay by Serviceplan in enforcing its rights shall prejudice or restrict the rights of Serviceplan, and no waiver of any such rights or of any breach of any contractual terms shall be deemed a waiver of any other right or of any later breach.
11. RIGHT TO AMEND THESE TERMS OF SERVICE
11.1 Serviceplan has the right to revise and amend these UTS. Serviceplan shall notify the User of any change to these UTS by e-mail or through the posting of a notice on the Website. In this case, the User shall have a period of seven (7) days to put an end to the contractual relationship, without notice or compensation. After this period, the User shall be irrefutably deemed to have accepted the new version of the UTS. The same holds true (irrefutable presumption of acceptance) if, during this seven-day period, the User continues to use the Website and the Platform by placing an order.
12. TERMINATION OF THE USER AGREEMENT
12.1 The User is bound to immediately cease use of the Platform as soon as the User deems that he or she is no longer able to comply with an obligation imposed by these UTS.
12.2 In the event of noncompliance with the Rules of Use or any other material rule or any condition related to access and use of the Platform, including these UTS, Serviceplan may immediately suspend, in whole or in part, the User's access to the Platform, with or without warning.
12.3 Serviceplan has the right to take down the Platform. In this case, Serviceplan shall try to provide the User with reasonable notice to this effect.
12.4 In the event of termination of the agreement to use the Platform or if Serviceplan takes down the Platform at the conditions described in this article, Serviceplan reserve the right to amend or delete any content provided by the User, the User's account and any other information in Serviceplan possession. In this case, the User loses the right to use the Platform as well as the right to access content belonging to Serviceplan or to the User. Serviceplan shall not pay any compensation for any loss whatsoever.
13. CONTACT AND COMMENTS
13.1 Any questions regarding these UTS or the other documents referred to herein as well as any complaints should be sent to Serviceplan at the following e-mail address: firstname.lastname@example.org.
13.2 Serviceplan assesses the comments of Users and is always attentive to remarks that can lead to an improvement of services on the Platform. It is understood that by leaving a comment or comments, the User waives any rights thereto and authorises Serviceplan and others to use the comment(s) free of charge and without any limitation whatsoever.
14. GOVERNING LAW AND JURISDICTION
14.1 These UTS are governed by Belgian law. The Brussels courts shall have exclusive jurisdiction.