Version 1.2 – 01/12/2019
Please read these general terms and conditions relating to the use of this website carefully.
BY ACCESSING, VISITING OR USING THIS WEBSITE, YOU, PERSONALLY AND/OR ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AN AGENT OR AN EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THE FOLLOWING GENERAL TERMS AND CONDITIONS, WHICH YOU EXPRESSLY ACCEPT. THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, VISIT OR MAKE ANY USE OF THIS WEBSITE OR OF THE INFORMATION INCLUDED THEREIN.
1. Definition and general access conditions
The term "Website" means this website as published by TOBANIA NV (see point 2. Editor, for more information), hereinafter "Tobania", and/or its related companies or companies in the group to which the Tobania belongs, as well as all information and materials contained on the Website.
Certain sections or pages of the Website contain separate and/or additional terms and conditions, which supplement these General Terms and Conditions. In the event of a contradiction, the separate and/or supplementary terms and conditions shall prevail over these General Terms and Conditions for those sections or pages of the Website to which they relate.
This Website also contains links to other websites published by third parties. The links to this Website may also be considered as forming part of the websites of these third parties. Tobania has not reviewed these sites and declines any liability for all information and material posted on any of the sites accessible based on the links on this Website. The establishment of a link to a third-party website or authorisation for a third-party website to include a link to this Website does not in any way indicate that Tobania endorses or recommends any products or services offered on that third-party website. Nor does Tobania issue any implied or explicit assessment as to the accuracy and/or reliability of the information to be found, directly or indirectly, on third-party websites or as to the reliability and/or integrity of third parties.
The editor of this Website is:
Romeinsesteenweg 564 bus 4
1853 Strombeek - Bever - Belgium
VAT BE 0878.652.625 - RPR Brussels
3. Contents of the Website/Material
The information and material on this Website are provided solely in order to inform people consulting it on different products and/or services offered and/or distributed by the Tobania.
4. Intellectual Property Rights
The information and material on this Website are protected by the intellectual property rights to which Tobania, its related companies, companies in the group to which the Tobania belongs or third parties are entitled or which they may claim. You may not reproduce or print this information or material except for strictly personal and non-commercial use, provided that you retain all notices referring to these intellectual property rights. You undertake not to distribute, reproduce or sell this information or material in any form or by any means without the prior formal written consent of the Tobania.
Reference is made to the Privacy Statement and the Cookie Statement available on this Website (Belgian Act of 8 December 1992 on the right to privacy and the processing of personal data).
All information and material transmitted to the Tobania through this Website shall be processed in compliance with the legal and regulatory provisions applicable in this regard.
7. Applicable Law and Jurisdiction
Access to, the visiting and the use of this Website, together with these General Terms and Conditions, are subject to and shall be interpreted and construed in accordance with Belgian law. Except when the law expressly specifies the competent judge, all claims may be brought before:
- the competent judge for the domicile of the defendant or one of the defendants;
- the competent judge for the district in which one or more of the commitments forming part of the dispute have been contracted or in which they have been, are being or must be fulfilled;
- the competent judge for the district in which the process server has spoken to the defendant if the latter or, if applicable, one of the defendants is domiciled in Belgium or abroad.
8. Severability and Changes
If certain provisions of these General Terms and Conditions are held to be inapplicable, the remaining provisions shall be deemed to be unimpaired and the inapplicable provision(s) shall be replaced by an applicable provision, the purport of which shall be as close as possible to that of the provision held to be inapplicable. This Agreement shall form an integral part of any other agreements you have entered into or shall enter into with Tobania, one of its related companies or companies in the group to which Tobania belongs.
Tobania shall be entitled to amend these General Terms and Conditions at any time, with immediate effect and without prior notice.
9. Liability of Third Parties
Any illicit or prohibited use of this Website, amongst others by causing damages to any software used and data provided for, by means of viruses, destruction and/or data manipulation, gives rise to civil and criminal liability.
In case Tobania would, even temporarily, not invoke or enforce these or any other rights emanating from the current General Terms and Conditions and/or having regard to the use of this Website, such lack of action on behalf of Tobania shall by no means be considered as or have as consequence the desisting from or the fact to have renounced any right or claim whatsoever.