GENERAL TERMS AND CONDITIONS OF USE
INTRODUCTION AND DEFINITIONS
The “Website” is the website available at the following address: https://lex4u.com
The Website is administered and managed by SRL FRÉDÉRIC DECHAMPS, whose registered office is located at Rue de Wansijn 53, 1180 Uccle, registered with the Banque Carrefour des Entreprises under number 0470.550.661 (hereinafter referred to as “we“, “us”, “Lex4u” or “the Provider“).
The term “User” refers to any user, i.e. any natural or legal person, registered or not on the Website, who consults the Website or its content, downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the Service Provider.
The Service Provider and the User are hereinafter referred to as “the Parties“.
By surfing the Website, reading documents, downloading files, consulting and/or using them in any way whatsoever, registering via any form available on the Website or entering into a contract with the Service Provider, the User formally, unconditionally and unreservedly agrees to these terms and conditions and undertakes to comply with them.
These terms and conditions apply to all information consultations, orders, subscriptions and contracts binding the Parties. In addition, these general terms and conditions exclude all other general terms and conditions and supersede them.
The Service Provider reserves the right to modify 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 will be deemed to form an integral part of these general terms and conditions. Users are therefore advised to refer regularly to the latest version of these conditions.
ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT
The Website may be consulted by computers on which current software is installed (browser, operating system, etc.). The Service Provider does not guarantee any compatibility and cannot be held liable if the User is unable to consult and/or use all or part of the Website or its content, for whatever reason.
Consequently, it is the User’s responsibility to equip himself with the IT resources, and possibly human resources, necessary to ensure connectivity with the Website.
As part of the User’s access to the Website or its content, the User expressly undertakes not to, in any manner whatsoever and irrespective of the technical means used, :
- attempt to gain access to parts of the Website that are not publicly available online;
- take any action which, at any time, could compromise the proper functioning of the Website in any way whatsoever;
- use any (automatic) system whatsoever, such as, but not limited to, “robots“, “spiders“, “off-line readers”, etc., whose purpose is to create :
- denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS);
- messages which may influence questions and requests, responses and entries to competitions, votes, or any interaction with another user of the Website, even when the User is responding to a request made on the Website (for example an entry to a competition);
- post, upload, e-mail 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 contravenes applicable international law;
- attempt to mislead other users by usurping the name or corporate name of other persons;
- 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 party;
- upload, post, e-mail or otherwise transmit any content that contains software 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 the requirements, procedures, general rules or regulatory provisions applicable to the networks connected to the Website;
- Harass one or more other users of the Website or its content in any way whatsoever;
- collect and store personal data relating to other users.
Users undertake 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 functionalities offered via the Website may evolve. Thus, some features may be removed and others added, without the user being able to consider that access to a particular feature constitutes an acquired right. Similarly, the service provider alone will decide whether to include or delete any content presented on the Website.
The Service Provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Web Site without having to inform users in advance. This will be the case, for example, in the event of maintenance of the Website or major changes to the content and/or functions offered.
This will also be the case if the service provider can legitimately believe that the User has violated, or acted contrary to, these general terms and conditions or any other legal requirement in force at the time of the violation.
The User only receives the right to consult the Website and its content on a personal basis. As such, the User is granted a personal licence to use the Website and its content, which is non-assignable, non-transferable and exclusively limited to use for personal purposes. The duration of the user 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 to, but is not limited to, any sale or rental of the various functionalities of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components with the sole aim of generating revenue.
It is also strictly forbidden for Users, who may not otherwise grant authorisation to others, to :
- 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 elements present on the Website;
- reverse engineer or assemble or in any other way attempt to discover 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 Service Provider;
- sub-license or transfer in any way whatsoever any right relating to the Website and/or its content, including but not limited to any right relating to the software.
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 general, the content and structure of the Web Site, are and shall remain the exclusive property of the Service Provider and are protected by various intellectual and/or industrial property rights (including copyright, trademark rights, sui generis rights of database producers, etc.), which the User acknowledges and accepts.
By surfing on or consulting the Website, registering, becoming a member, downloading files or using the content of the Website in any way whatsoever, the User does not under any circumstances become the owner of any of the rights referred to above or assimilated rights.
Consequently, under no circumstances may the User resell to a third party or reproduce to make copies for resale the documents downloaded from the website.
The Service Provider warrants that the materials on the Website made available to the User solely by the Service Provider respect the rights of third parties and are generally not unlawful.
The storage of any information and/or elements of the Website in an (electronic) database is not authorised, with the exception of the automatic retrieval of information by the browser.
By placing certain data, texts, images and/or any other element online, the User automatically grants the Provider, free of charge, exclusive authorisation to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more magazines or products published by the Provider.
1. Responsibility of the user
The consultation and use of the Website, as well as the downloading of files, of any nature whatsoever and by any technical means whatsoever, from the Website and its content, always take place under the responsibility of the user, including with regard to third parties.
Each user is responsible for his or her own registration and/or membership, and for any misuse or damage arising therefrom. The provider cannot be held responsible for any improper use of the registration or membership, login and/or password.
The user also agrees to be liable to any person, and in particular to the persons represented, in any manner whatsoever, for any content that the user publishes either on the Website or via the Website. The Website may contain links to other websites over which the Provider has no technical or content control. The User remains solely responsible for the decision to activate these links. The service provider therefore does not in any way guarantee the accuracy or 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 the responsibility of the user to determine whether it is appropriate to visit these sites.
If the user places a message of any kind whatsoever, or any other form of information, data and/or opinion on the Website, the user undertakes to use only information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), or with standards and morality, or with any legal provision whatsoever. In this respect, the user expressly guarantees the service provider against any complaint or action brought by third parties based on the content placed on the Website by the user.
2. Responsibility of the service provider
The Service Provider is bound by an obligation of means. The Service Provider shall under no circumstances be held liable for any direct or indirect damage that the User may incur as a result of using the Website, the sites linked to it and/or the content made available to it.
With the exception of older publications, the Service Provider makes every effort to ensure that the data and documents which form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be ruled out and the Service Provider therefore gives no guarantee in this respect.
The 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 Provider responsible for contacts and relationships between users of the Website.
Furthermore, the Provider does not guarantee the compatibility of the files that form part of, or appear on, the Website with the user’s equipment, or the accessibility of these elements.
The user shall also indemnify the service provider against any claim in any of the following cases:
- loss of opportunity or revenue of any kind whatsoever arising out of the operation or non-operation, or use or non-use, of the Website, or the content contained therein or intended to be contained therein;
- illegal or unauthorised intrusion by any third party into the Provider’s web server or Website;
- introduction of a computer virus into the web server or the Website;
- temporary bandwidth congestion ;
- interruption of the internet connection service for reasons beyond the control of the service provider.
The user acknowledges and accepts :
- the restrictions and risks associated with the use of the Internet or any other means by which the Website is currently or will in the future be made available;
- the risks of storing and transmitting information electronically or digitally;
- the fact that the service provider cannot be held liable for any damage caused by the use of the Website (and 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 resulting damage and/or loss, particularly with regard to user data. Users are therefore strongly advised to install the necessary firewalls, anti-virus software and other protective software to prevent any damage to their computers, and to exercise caution when communicating personal data.
With regard to messages from third parties, the service provider cannot in any way be held responsible for any prejudice arising from them, nor for any errors in their content. All texts, data, photos, videos, messages or other material placed in these messages are the sole responsibility of the person who posted them.
Advertisements placed on the Website are always the work of third parties. Under no circumstances can the Provider be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered as part of these advertisements.
PERSONAL DATA AND COOKIE MANAGEMENT
By surfing the Website, reading documents, downloading files, consulting 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 the service provider, the user provides the service provider with personal data such as, but not limited to, his/her dynamic IP address and/or email address.
1. Force majeure
The service provider may 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 unforeseeable circumstances.
The following events in particular shall be considered as force majeure or fortuitous events:
- the total or partial loss or destruction of the service provider’s computer system or its database where either of these events cannot reasonably be attributed directly to the service provider and where it is not shown that the service 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 ;
- LOCKOUTS ;
- blockades ;
- insurrections and riots ;
- an interruption in the supply of energy (such as electricity);
- failure of the Internet network or data storage system;
- 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 this 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 control of the Service Provider arising subsequent to 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 required to perform, the Parties undertake to negotiate in good faith and in good faith an adjustment to the contractual terms and conditions within a reasonable period with a view to restoring the balance. If no agreement is reached within a reasonable period, either Party may terminate the contractual relationship between them without compensation or indemnity of any kind.
The possible illegality or invalidity of an 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 terms and conditions, nor shall it affect the remainder of that article, paragraph or provision, unless a contrary intention is evident from the text.
If any part of these General Terms and Conditions is deemed to be completely invalid, the Provider will 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 General Terms and Conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they refer to.
3. The entire agreement
These general terms and conditions and any contract (including a subscription contract), where applicable, represent the whole and entire agreement between the parties.
No statement, representation, promise or condition not contained in these terms and conditions may or shall be admitted to contradict, modify or affect in any way whatsoever the terms hereof.
In addition, these general terms and conditions and any contract (including a subscription contract), where applicable, supersede any previous agreement between the parties and apply to any new agreement.
4. Applicable law and competent courts
These terms and conditions are governed by Belgian law.
In the event of any dispute relating to the validity, interpretation, performance or termination of these terms and conditions, the courts of the judicial district of Brussels shall have sole jurisdiction.
Last modified on 03 October 2023