PRESENTATION – DEFINITIONS
The Service Provider: UP MANAGEMENT SPRL, whose registered office is located at: 4000 Liege, Rue Henri Vieuxtemps 33, Belgium (BCE: 0478 023 027) (email: info@progressconsulting.be), trading as PROGRESS CONSULTING.
For the purposes of these general terms & conditions, the following terms are to be considered to mean:
- General Terms & Conditions: these terms & conditions
- Website: the website www.progressconsulting.be (and/or any related application)
- User: any person using the Website whether a consumer or a professional
- Customer: any entity in a commercial relationship with the Service Provider
- Electronic Device: mobile telephone, tablet, computer or any other electronic device possessing the minimum system requirements and sufficient available memory and on which the User consults, downloads and/or uses the Website
ACCEPTANCE OF THE GENERAL TERMS & CONDITIONS
The use of the Website, for whatever purpose and/or capacity, necessarily implies as an essential and determining condition the unreserved acceptance of these General Terms & Conditions, which alone are applicable to the exclusion of any others unless expressly stated otherwise.
PURPOSE AND REGISTRATION
The Service Provider provides the User with a website and/or an application for face-to-face and online training in particular. Only legally competent Users may register on and use the Website.
In order to use the Website, the User must have access to the internet. To access certain features, the User must first register (by providing an email address and a password). Moreover, some Website features may require the User to download the required application and/or software onto their own Electronic Device.
The Website is divided into two sections: one part is accessible to the public while the other part can only be accessed by Users with a paid-for account. Following registration, each User is provided with a private space accessible only via a login and password; this space contains a record of their conversations, information sent, etc.
The User shall allow the Service Provider to access various features of the User’s Electronic Device, such as the camera, and may receive notifications from the Service Provider.
USE OF THE WEBSITE
Users are prohibited from misusing the Website and/or publishing on it any content:
- of a pornographic or sexual nature, including content that contravenes public morality
- containing software that could harm the interests and rights of Users
- containing third-party personal data
- that incites or constitutes prohibited activities
- that harms the functioning of the Website
- that is discriminatory based on any criterion whatsoever and, in particular, based on anything that may offend or harm the interests of certain persons
- that infringes the intellectual property rights of a third party
The Service Provider reserves the right to take measures, notably legal ones, and to claim damages against Users who fail to comply with these minimum criteria, as well as with all applicable legal obligations.
LIABILITY
The User uses the Website at his or her own risk and peril. The Service Provider can not be held liable for any interactions between the Website and the User’s Electronic Device. The User downloads and uses the Website (and its associated features and services) at his or her own risk and peril. The Service Provider provides the Website ‘as is’, i.e., with all its flaws and based on its availability. The User hereby acknowledges and accepts that IT and telecommunications systems are not fault-free and that service interruptions may occur. The Service Provider can not guarantee that the Website will operate smoothly, securely and without interruption or errors. The Service Provider can not guarantee that data sent via the Website or other telecommunications systems is not monitored, saved or altered by third parties. The Service Provider can not be held liable for any damage resulting from a defect, malfunction or improper use of the Website except in the case of fraud or gross negligence on the part of the Service Provider, its employees or agents.
The User is solely liable for the information he or she sends via the Website and thus for the consequences thereof. The Service Provider can not be held liable for any information provided by the User when creating an account and/or any other information encoded and/or communicated via the Website by the User. The Service Provider shall not be held liable for any loss and/or disclosure to third parties of information provided by the User via the Website.
In particular, the Service Provider would like to point out that it has no authority to verify the capacity of the Users, i.e. from a legal and/or financial point of view. The Service Provider can not be held liable for the content of third-party websites for which it provides a hyperlink, in particular with regard to data protection; neither can it be held liable for any content published by third parties on the Website. The Service Provider can not be held liable for any errors in the texts and photographs used on the Website.
The Service Provider can not be held liable for any direct or indirect losses (operating losses, loss of profit, loss of opportunity, etc.) whatsoever arising from the use of the Website or from having used its services, except in the case of fraud or gross negligence on its part, or on the part of its employees or agents.
In the event of a claim made against the Service Provider by a third party following the violation of its rights by the User, the latter agrees at all times to indemnify, defend and hold harmless the Service Provider, in particular by bearing all costs of legal proceedings in which the Service Provider is involved in the context of such claims, including lawyer’s fees, insofar as the User is in fact at fault and/or negligent in relation to the third party, even if only marginally. In the event of legal proceedings, the User shall cooperate in good faith and provide the Service Provider with all the information required to verify the basis of the claim.
Consumer protection rules apply to the relationship between the Service Provider and a consumer. The Service Provider’s liability can not be extended beyond the mandatory statutory provisions (Book VI. Market practices and consumer protection of the Belgian Code of Economic Law).
In any event, the Service Provider’s liability shall be limited to the amount paid for the order for which the Service Provider is liable.
COMPLAINTS
For all complaints regarding the functioning of the Website, the User must send an email to the Service Provider within one month of the malfunction being discovered. The term “COMPLAINT” must be written in uppercase letters and figure in the title of the email. The description of the issue must be clear and precise, and must include the date when the malfunction occurred (or was noticed).
The Service Provider shall do its utmost to resolve the issue in a timely manner. This is an obligation of best effort on its part.
PRIVACY
These provisions respect the privacy of the Consumer in accordance with the law of 8 December 1992 on the processing of personal data and other binding provisions of Belgian law on the subject.
The Service Provider is responsible for processing personal data.
Personal data shared with the Service Provider is processed for customer management purposes, including the use of data for commercial prospecting (direct marketing). The User may oppose, on request and free of charge, the processing of his or her data for commercial prospecting purposes (direct marketing). At any moment, the User can request the modification of his or her personal data, the deactivation of his or her account and/or request the deletion of his or her data by sending a specific request to the Service Provider. The Service Provider can also refuse a registration request and/or delete an account without specifying its reasons.
Detailed information about the management of personal data is available here.
RIGHTS OF THIRD PARTIES
The Service Provider has acquired and publishes certain content from third parties who remain the sole owners of the rights to said content. The User may view and use this content for personal use only. All other uses are forbidden.
Unless expressly authorized in advance, it is forbidden to download, reproduce, modify, edit, alter and so forth any content on the Website.
Similarly, the User is prohibited from publishing any content on the Website to which he or she does not hold the rights.
TERM OF THE CONTRACT
At any moment, the Customer can request the modification of his or her personal data, the deactivation of his or her account and/or request the deletion of his or her data by sending a specific request to the Service Provider. In this case, the User’s account will be deactivated and the User will lose all the data stored therein. The User’s login and password will no longer be valid.
In the case where a contract was concluded between the Service Provider and a customer, the specific rules mentioned in the contract shall apply in addition to these General Terms & Conditions.
PRIVACY
In order to use the Website, the User must have access to the internet. In order to use the Website, it may be necessary to allow access to various features of the User’s Electronic Device, and to receive notifications.
In order to use all the features of the Website, the User is required to enter certain personal data (surname, first name, email address, etc.), and create a customer account. The Service Provider shall do its utmost to ensure confidentiality during the transmission of data communicated via the Website (obligation of means). However, in order to protect his or her customer account and data, each User must take measures to protect said account against any fraudulent use. This protection includes creating a suitably strong and strictly confidential password. The User is required to report any fraudulent use of his or her account to the Service Provider in a timely manner.
The User is solely liable for the accuracy of the information shared in his or her customer account. By using the Website, the User accepts that the Service Provider uses the data communicated as part of its mission.
MISCELLANEOUS
The invalidity of any provision of these General Terms & Conditions shall not affect the validity nor invalidate any other provisions of these General Terms & Conditions.
The Service Provider reserves the right to modify the General Terms & Conditions at any time provided that the User is informed. The User shall be informed by email, a notification on the Website or by any other means put in place by the Service Provider. The User will be asked to agree to these new general terms & conditions. Failing agreement, the User shall be requested to stop using the Website. The new general terms & conditions shall enter into force 30 (thirty) days after the User has been notified.
No failure or delay on the part of the Service Provider in the exercise of a right arising from the General Terms & Conditions shall be deemed to be a waiver of said right nor cause such a right to be forfeited.
The Service Provider remains the sole owner of the Website and all rights therein, including intellectual property rights. Users are only granted a limited, personal, revocable, non-exclusive, non-transferable and non-sub-licensable license to use the Website. The Service Provider may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. This transfer shall not be prejudicial to the Users.
The entire content of the Website (including text, photographs, etc.) is protected by copyright, trademark law and all other intellectual property rights. In fact, all the content is the property of the Service Provider and/or third parties with whom the Provider has concluded agreements. Therefore, any copying, publication, reproduction or any other use, infringement in any form whatsoever, are prohibited without obtaining prior written permission from the Provider. Any infringement may result in civil and/or criminal proceedings.
APPLICABLE LAW AND JURISDICTION
The relations between the parties are governed by Belgian law. In the event of a dispute, only the Courts and Tribunals of the judicial district of Liege, LIEGE division, shall be competent. The language of the proceedings shall be French.