Terms and Conditions of Use of the Website

Introduction and definitions

The « Website » is the website available at the following address : https://lex4u.com

The Website is administered and managed by FRÉDÉRIC DECHAMPS SRL, whose registered office is situated at Rue de Wansijn 53, 1180 Uccle, registered with the Crossroads Bank for Enterprises under number 0470.550.661 (hereinafter « we », « our », « Lex4u » or « the Service Provider »).

The term « User » refers to any user, whether a natural or legal person, whether or not registered on the Website, who views the Website or its content, downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or enters into a contract with the Service Provider.

The Service Provider and the User are hereinafter referred to as « the Parties ».

By browsing the Website, reading documents, downloading files, viewing and/or using them in any way, registering via any form available on the Website, or entering into a contract with the Service Provider, the User formally agrees, unconditionally and without reservation, to these terms and conditions and undertakes to comply with them.

These terms and conditions apply to all enquiries, orders, subscriptions and contracts between the Parties. Furthermore, these terms and conditions exclude and supersede all other terms and conditions.

The Service Provider reserves the right to amend these terms and conditions at any time without prior notice. Such amendments shall apply immediately to all use of the Website.

Any additional rules and guidelines shall be deemed to form an integral part of these terms and conditions. Users are therefore advised to refer regularly to the latest version of these terms and conditions.

 

Access to and use of the website and its content

The Website can be accessed using computers on which up-to-date software is installed (browser, operating system, etc.). The Service Provider does not guarantee compatibility and cannot be held liable in any way if the User is unable to access and/or use all or part of the Website or its content, for whatever reason.

It is therefore the User’s responsibility to ensure they have the necessary IT resources, and where necessary staff, to connect to the Website.

In connection with the User’s access to the Website or its content, the User expressly undertakes not, in any way whatsoever and regardless of the technical means used, to :

• Attempting to gain access to parts of the Website that are not publicly available online ;
• To take any action which, at any time, could compromise the proper functioning of the Website in any way ;
• Use any (automated) system whatsoever, such as, but not limited to, « bots », « spiders », « offline readers », etc., for the purpose of creating :
  – denial-of-service attacks (including, but not limited to, network DoS, application DoS, network DDoS – including DrDOS – and application DDoS) ;
  – messages designed to influence questions and requests, responses and entries to competitions, votes, or any interaction with another user of the Website, even where the User is responding to a request made on the Website (for example, an entry to a competition) ;
• Post, download, send, transmit by email or in any other way any content that is illegal, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, an invasion of another person’s privacy, hateful, racist, or otherwise objectionable;
• View, display, download, send or transmit any content that contravenes applicable international laws ;
• Attempting to mislead other users by impersonating other people or organisations ;
• Download, display, send, transmit by email or in any other way any content that infringes any patent, trade mark, trade secret, intellectual property right or any other proprietary right belonging to another party ;
• Upload, display, transmit by email or by any other means any content containing computer viruses or any other code, file or programme designed to interrupt, destroy, impair, disrupt or limit the functionality of any software, computer, service, server, network or telecommunications equipment, without this list being exhaustive ;
• Engage in any disruptive behaviour that hinders other users’ ability to access the Website ;
• Refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Website ;
• Harass, in any way whatsoever, one or more other users of the Website or its content ;
• Collect and store personal data relating to other users.

The user undertakes to take all reasonable and necessary precautions to prevent their equipment or data from being affected by viruses, bugs, Trojan horses or any other malicious computer programs of any kind.

The user accepts that the features offered via the Website are subject to change. Consequently, some features may be removed and others added, without the user being entitled to regard access to any particular feature as an acquired right. Similarly, the provider shall have sole discretion to decide whether to include or remove any content featured on the Website.

The Service Provider reserves the right, at any time and for any reason whatsoever, to modify or suspend, either temporarily or permanently, all or part of the access to the Website without being required to give users prior notice. This will apply, for example, in the event of website maintenance or significant changes to the content and/or features offered.

The same shall apply where the Service Provider has reasonable grounds to believe that the User has breached, or acted in contravention of, these terms and conditions or any other legal requirement in force at the time of the breach.

 

Licence

The User is granted the right to view the Website and its content solely for personal use. As such, the User is granted a personal licence to use the Website and its content, which is non-assignable, non-transferable, and strictly limited to personal use. The term of the licence 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, without this list being exhaustive, to any sale or rental of the Website’s various features, 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.

Furthermore, the User is strictly prohibited from doing the following, and may not authorise others to do so either :

• modify, reproduce, copy, borrow or distribute all or part of the Website or its content ;
• create derivative works based in whole or in part on the content on the Website ;
• reverse engineer or disassemble the Website, or otherwise attempt to discover the source code of all or any part of the Website ;
• create a hyperlink to or from the Website without the Service Provider’s prior and express consent ;
• sub-license or transfer in any way whatsoever any rights relating to the Website and/or its content, including, but not limited to, any rights relating to the software.

Intellectual and industrial property

The concept, content, layout, structure, source code, programming, images, photographs, information, data, logos, designs, trademarks, designs, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website and, more generally, the content and structure of the Website, belong to, are and remain the exclusive property of the Service Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trade mark law, the sui generis right of the database producer, etc.), which the User acknowledges and accepts.

By browsing or accessing the Website, registering, becoming a member, downloading files, or using the content of the Website in any way, the User does not, under any circumstances, acquire any of the rights referred to above or any similar rights.

Consequently, the User may under no circumstances resell to a third party or reproduce the documents downloaded from the website for the purpose of making copies for resale.

The Service Provider warrants that the content on the Website, which is made available to the user solely by the Service Provider, does not infringe the rights of third parties and that, in general, it is not unlawful.

The storage of any information and/or content from the Website in an (electronic) database is not permitted, with the exception of information automatically collected by the browser.

By posting certain data, text, images and/or any other content online, the User automatically grants the service provider, free of charge, the exclusive right to reproduce such content, to publish it and/or to use it in any other way, both on the Website and in one or more magazines or publications produced by the service provider.

 

Responsibilities

1. User responsibility

Access to and use of the Website, as well as the downloading of files of any kind and by any technical means whatsoever from the Website and its content, are always at the user’s own risk, including in relation to third parties.

Each user is personally responsible for their registration and/or membership, as well as for any misuse or damage resulting therefrom. The service provider cannot be held liable for any misuse of the registration or membership, login details and/or password.

The user also agrees to be liable to any person, and in particular to the persons depicted, in any way whatsoever, for any content that they publish either on the Website or via the Website. The Website may contain links to other websites over which the provider has no control, either technically or in terms of content. The user remains solely responsible for the decision to activate these links. The provider therefore does not guarantee in any way the accuracy or completeness of the content, the access to or availability of these other websites, the external links to which they refer, or the consequences that may result from viewing and/or using these sites in any way. It is therefore up to the user to determine for themselves whether it is appropriate to visit these sites.

If the user posts a message of any kind, or any other form of information, data and/or opinion on the Website, they undertake to use only information (images, photographs) that does not infringe the intellectual and/or industrial property rights of third parties (copyright, image rights, …), nor with standards of decency, nor with any legal provision. In this regard, the user expressly indemnifies the provider against any claim or action brought by third parties based on the content they have posted on the Website.

2. Liability of the service provider

The Service Provider is bound by an obligation of means. Under no circumstances shall the Service Provider be held liable for any direct or indirect damage incurred by the User whilst using the Website, any linked websites, and/or the content made available to them.

With the exception of older publications, the Service Provider shall use its best endeavours to ensure that the data and documents forming part of the Website are complete, accurate and up to date. Errors and/or omissions and/or outdated data cannot be entirely ruled out and, consequently, the Service Provider gives no warranty in this regard.

The service provider shall use its best endeavours to ensure that the Website remains accessible at all times to a normal number of users, but shall not be held liable for any direct or indirect damage arising from any modification, suspension or interruption of access to the Website, for whatever reason.

Nor is the service provider liable for any contact or dealings between users of the Website.

Furthermore, the service provider does not guarantee that the files forming part of, or appearing on, the Website will be compatible with the user’s equipment, nor does it guarantee access to such items.

The user shall also indemnify the service provider against any claims in any of the following circumstances :

• loss of business or revenue of any kind whatsoever arising from the operation or non-operation, or the use or non-use of the Website, or the content contained therein or intended to be contained therein ;
• unlawful or unauthorised access by any third party to the service provider’s web server or website ;
• the introduction of a computer virus into the web server or on the Website ;
• temporary congestion of the bandwidth ;
• interruption of the internet connection service for reasons beyond the provider’s control.

  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 made available or may be made available in the future ;
• the risks associated with the storage and transmission of information by electronic or digital means ;
• the fact that the service provider cannot be held liable for any damage caused by the use of the Website (or any part of its content) or the internet, as a result of the aforementioned risks ;
• the fact that the electronic communications exchanged and the backups made by the service provider may be used as evidence.

Although the service provider makes every effort to keep the Website free from bugs, viruses, Trojan horses and spyware, the presence of such elements cannot be ruled out. The provider cannot be held liable in any way for any damage and/or loss resulting therefrom, particularly with regard to users’ data. Users are therefore strongly advised to install firewalls, anti-virus software and other necessary protective software to prevent any damage to their computers, and to exercise caution when disclosing personal data.

With regard to messages from third parties, the service provider cannot under any circumstances be held liable for any loss or damage arising therefrom, nor for any errors in their content. All text, data, photographs, videos, messages or other material included in such messages are the sole responsibility of the person who posted them.

Advertisements displayed on the Website are always the responsibility of third parties. The provider cannot under any circumstances be held liable for the legality, accuracy, availability, content, proper functioning and/or quality of the goods and/or services offered in connection with these advertisements.

Personal data and cookie management

By browsing the Website, reading documents, downloading files, viewing and/or using them in any way, registering via any form available on the Website, contacting the service provider or entering into a contract with them, the user provides the service provider with personal data such as, but not limited to, their dynamic IP address and/or email address.

The protection of personal data and the management of cookies are carried out by the service provider in accordance with its Privacy Policy, which is available on the Website at the following address: https://lex4u.com/politique-de-confidentialite/.

Miscellaneous provisions

1. Force majeure

The service provider shall not be held liable, whether under contract or otherwise, in the event of any failure to perform its obligations, whether temporary or permanent, where such failure is due to force majeure or unforeseeable circumstances.

The following events, in particular, shall be regarded as cases of force majeure or unforeseeable circumstances :

• the total or partial loss or destruction of the service provider’s computer system or database where neither of these events can reasonably be directly attributed to the service provider and where it has not been shown that the service provider failed to take reasonable measures to prevent either of these events ;
• earthquakes ;
• fires ;
• flooding ;
• epidemics ;
• acts of war or terrorism ;
• strikes, whether official or unofficial ;
• lockouts ;
• blockades ;
• insurrections and riots ;
• an interruption in the supply of energy (such as electricity) ;
• a failure of the internet network or the data storage system ;
• a failure in the telecommunications network ;
• a loss of connectivity to the internet or to the telecommunications network on which the service provider relies ;
• an event or a decision by a third party where such decision affects the proper performance of this contract ; or
• any other cause beyond the reasonable control of the service provider.

If, due to unforeseeable circumstances beyond the Service Provider’s control arising after the conclusion of the Contract, the performance of its obligations cannot be continued or is rendered excessively onerous or difficult, such that the Service Provider cannot reasonably be expected to perform, the Parties undertake to negotiate in good faith and in a fair manner to amend the contractual terms within a reasonable period of time with a view to restoring the balance of the contract. In the absence of an agreement within a reasonable period of time, either Party may terminate the contractual relationship between them without compensation or indemnity of any kind.

2. Illegality

Should any article, paragraph or provision (or part thereof) be found to be unlawful or invalid, this shall in no way affect the validity of the other articles, paragraphs or provisions of these general terms and conditions, nor the remainder of that article, paragraph or provision, unless the text clearly indicates otherwise.

If any part of these terms and conditions is deemed to be wholly invalid, the service provider shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.

3. Titles

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 to which they refer.

4. Entire Agreement

These terms and conditions, together with any contract (including a subscription contract), where applicable, constitute the entire agreement between the parties.

No statement, representation, promise or condition not contained in these terms and conditions may or shall be deemed to contradict, modify or affect the terms thereof in any way.

Furthermore, these terms and conditions, together with any contract (including a subscription contract), where applicable, supersede any previous agreement between the parties and apply to any new agreement.

5. Applicable law and competent courts

These terms and conditions are governed by Belgian law.

In the event of any dispute concerning the validity, interpretation, performance or termination of this agreement, the courts of the judicial district of Brussels shall have exclusive jurisdiction.

Last updated on 3 October 2023