Terms of use
DISCLAIMER: By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.
These terms of use (the “Terms of Use”) describe the terms and conditions under which you can use the following website: https://dev.spacewell.com (the “Website”). This Website is operated and managed by Spacewell International NV/SA, a limited liability company (naamloze vennootschap) incorporated under the laws of Belgium, with registered office at Sneeuwbeslaan 30, bus 3, 2610 Wilrijk, and registered with the Crossroad Bank of Enterprises under number BE 0846.845.929 (hereafter “Spacewell International NV” or “we”).
If you have any questions about the Website or these Terms of Use, please contact us at webmaster@spacewell.com.
By using the Website, you understand and intend that these Terms of Use constitute a legally binding agreement and the equivalent of a signed, written agreement between you and Spacewell International NV. Furthermore, you understand and agree that the provisions of the privacy policy of Spacewell International NV (the “Privacy Policy”) will apply as well.
1. APPLICABILITY
By clicking the “I agree” button, you acknowledge and agree that your use of the Website is exclusively governed by these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not use in any manner the Website, even if you already have an Account. In the event the Website uses services of third parties, the terms of use and/or privacy policies of those third parties may apply. You shall be notified if and when such third-party terms of use and/or privacy policies are applicable. By accessing such third-party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Spacewell International NV can in no event be held liable in any way with regard to the content of such third parties’ terms or privacy policy.
We reserve the right at any time, and from time to time, with or without cause to:
- Amend these Terms of Use;
- Change the Website, including eliminating or discontinuing, temporarily or permanently any service or other feature of the Website without any liability against the User or any third parties; or
- Deny or terminate, in part, temporarily or permanently, your use of and/or access to the Website as set forth herein.
Any such amendments or changes made will be effective immediately upon us making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes.
2. USE OF THE WEBSITE
To use the Website, your computer or mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your computer or mobile device meets these minimum system requirements. If your computer or mobile device does not meet these minimum system requirements, we cannot ensure that the Website will function properly. Spacewell International NV will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Spacewell International NV of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Spacewell International NV will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Furthermore, Spacewell International NV may, in its sole discretion, provide you with certain updates of the Website. For the avoidance of any doubt, Spacewell International NV is not obligated to provide you with any updates of the Website.
3. LICENSE – RESTRICTIONS
License by Spacewell International NV. Spacewell International NV grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Website in accordance with these Terms of Use (the “License”). You are not allowed to use the Website for any commercial purposes or in a manner not authorized by Spacewell International NV. You shall use the Website solely in full compliance with (i) these Terms of Use; (ii) the Privacy Policy and any additional instructions or policies issued by Spacewell International NV, including, but not limited to, those posted on the Website and (iii) any applicable legislation, rules or regulations.
Restrictions. You agree to use the Website only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) sell or rent the Website to any third parties; (ii) adapt, alter, translate or modify in any manner the Website; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Website in any manner to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine algorithms, structure or organization of the Website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the Website except as expressly allowed under this section; (vi) gain unauthorized access to accounts of other users or use the Website to conduct or promote any illegal activities; (vi) use the Website to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Website; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Website for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (x) remove or in any manner circumvent any technical or other protective measures in the Website.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Website, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Website.
License by you. By uploading, creating or otherwise providing any kind of information or personal data (hereafter the “User Content”), you grant Spacewell International NV a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary to provide and maintain the Website. Spacewell International NV reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.
4. INTELLECTUAL PROPERTY AND OWNERSHIP
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereafter collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Website is owned and controlled by Spacewell International NV or its affiliates, and is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for commercial purposes.
Without prejudice to the paragraphs above, you are allowed to read, view, print, download and copy content on the Website for personal and non-commercial use, provided that you acknowledge that all rights with respect to the Website are reserved by Spacewell International NV. Unless specifically indicated, no other use of the material is permitted. Nothing contained in this Website should be construed as conferring any licence or right under any intellectual property (including software, database, patents, trademarks and copyright) of Spacewell International NV or any third party.
Spacewell International NV claims no ownership in, nor any affiliation with, any third-party trademarks appearing on this Website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Spacewell International NV should be inferred from the use of these marks.
5. SUSPENSION FOR BREACH
If Spacewell International NV becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by Spacewell International NV, then Spacewell International NV may suspend or limit your access to the Website. The duration of any suspension by Spacewell International NV will be until you have cured the breach which caused such suspension or limitation.
6. SUPPORT
In case you need technical support, you can contact webmaster@spacewell.com.
7. LIABILITY
To the maximum extent permitted under applicable law, Spacewell International NV shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct or (iii) any fraud committed by Spacewell International NV.
To the extent legally permitted under applicable law, Spacewell International NV shall not be liable towards you or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the Website under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the Website, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Spacewell International NV have been notified of the likelihood of such damages. The limitation in this section shall not apply to the obligations of Spacewell International NV under section 9 (“Indemnification”).
You agree that Spacewell International NV can only be held liable as per the terms of this section to the extent damages suffered by you are directly attributable to Spacewell International NV. For the avoidance of doubt, Spacewell International NV shall not be liable for any claims resulting from (i) your unauthorized use of the Website, (ii) your or any third party’s modification of (any parts) of the Website, (iii) your failure to use the most recent version of the Website made available to you or (iv) your use of the Website in combination with non-compatible software or services. The exclusions and limitations of liability under this section shall operate to the benefit of any of Spacewell International NV’ affiliates and subcontractors under these Terms of Use to the same extent such provisions operate to the benefit of Spacewell International NV.
8. DISCLAIMER
By Spacewell International NV. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS SECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND IT CONTENT IS PROVIDED ON AN “AS IS” BASIS AND Spacewell International NV MAKES NO REPRESENTATIONS (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, COVENANTS OR REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, SUITABILITY, AVAILABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY Spacewell International NV. THE USER ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT Spacewell International NV IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY LOSSES OF YOUR DATA, INCLUDING BUT NOT LIMITED TO THE USER CONTENT.
IN ADDITION, Spacewell International NV DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRODUCT SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ACTUAL EQUIPMENT MAY DIFFER IN APPEARANCE FROM IMAGES SHOWN. COPYRIGHTS FOR THE PICTURES REPRODUCED HEREIN ARE VESTED WITH THE INDIVIDUAL PHOTOGRAPHERS OR Spacewell International NV, AND MAY NOT BE REPRODUCED IN ANY FORM WITHOUT PRIOR PERMISSION FROM THE CREATORS.
By You.You represent and warrant to Spacewell International NV that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you is accurate and truthful and shall not (i) infringe any intellectual property rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Spacewell International NV’ system or data; or (v) otherwise violate the rights of a third party. You furthermore acknowledge and agree that Spacewell International NV is not obligated to back up any User Content. You agree that any use of the Website contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Website for which Spacewell International NV cannot be held liable.
9. INDEMNIFICATION
By Spacewell International NV. Spacewell International NV shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the intellectual property rights of such third party by the Website and excluding any claims resulting from (i) your unauthorized use of the Website, (ii) your or any third party’s modification of any part of the Website, (iii) your failure to use the most recent version of the Website made available to you, or (iv) your use of the Website in combination with non-compatible software or services.
Such indemnity obligation shall be conditional upon the following: (i) Spacewell International NV is given prompt written notice of any such claim; (ii) Spacewell International NV is granted sole control of the defense and settlement of such a claim; (iii) upon Spacewell International NV’ request, you fully cooperate with Spacewell International NV in the defense and settlement of such a claim, at Spacewell International NV’ expense; and (iv) you make no admission as to Spacewell International NV’ liability in respect of such a claim, nor do you agree to any settlement in respect of such a claim without Spacewell International NV’ prior written consent. Provided these conditions are met, Spacewell International NV shall indemnify you for all damages and costs incurred by you as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by Spacewell International NV pursuant to a settlement agreement.
In the event the Website, in Spacewell International NV’ reasonable opinion, is likely to or becomes the subject of a third-party infringement claim, Spacewell International NV shall have the right, at its sole option and expense, to modify the ((allegedly) infringing part of the) Website so that it becomes non-infringing while preserving materially equivalent functionalities. The foregoing states the entire liability and obligation of Spacewell International NV and your sole remedy with respect to any infringement or alleged infringement of any intellectual property rights caused by the Website or any part thereof.
By you. You agree to indemnify Spacewell International NV and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to (i) any breach or violation by you of any provisions of these Terms of Use or any other instructions or policies issued by Spacewell International NV; (ii) any User Content violating any intellectual property rights of a third party or being defamatory, offensive or abusive or of an obscene or pornographic nature or (iii) fraud, intentional misconduct, or gross negligence committed by you.
10. PRIVACY STATEMENT
Spacewell International NV recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that Spacewell International NV has to be considered as the “Data Controller” for the processing of any Personal Data via the Website or any part thereof. Please note that Spacewell International NV shall at all time determine the purposes of processing and decide on the allowance to make use of the features and the technical operation of the Website. Furthermore, this implies that Spacewell International NV also (i) determines the instructions on which your Personal Data shall be processed and (ii) provides appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto.
The Personal Data that shall be processed by Spacewell International NV as Data Controller, may include any and all Personal Data that you have uploaded on the Website to personalize the settings of your Account or to make use of the features of the Website. We shall not use your Personal Data for any other purpose than indicated by Spacewell International NV in the Privacy Policy to be found on the following link. Reference is further made to the same Privacy Policy for a detailed presentation of the purpose of the processing and your rights as a data subject in accordance with the applicable data protection legislation.
11. TERM AND TERMINATION
These Terms of Use shall apply for the term you are authorized to access or use the Website (the “Term”). Upon termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the Website, (ii) Spacewell International NV shall sanitize and destroy the Personal Data received as a consequence of your use of the Website, including but not limited to the User Content on the Website, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept complying with relevant legal and regulatory retention requirements may be kept by Spacewell International NV beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations, and (iii) all rights and obligations of Spacewell International NV or you under these Terms of Use shall terminate, except those rights and obligations under those sections specifically designated in section of “Governing Law”.
12. LAW AND JURISDICTION
These Terms of Use are governed by and shall be interpreted in accordance with the applicable laws of Belgium.
If a contract other than these Terms of Use is entered into between you and Spacewell International NV, the applicable jurisdiction shall be determined by the terms of that contract. In the absence of any such contract, you and Spacewell International NV agree to submit to the exclusive jurisdiction of the courts of Antwerp (Belgium).
13. MISCELLANEOUS
Force Majeure. Spacewell International NV shall not be liable for any failure or delay in the performance of its obligations with regard to the Website if such delay or failure is due to causes beyond our control due including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to Spacewell International NV’ information technology systems by third parties or any other cause beyond the reasonable control of FASES or any other force majeure event (the “Force Majeure Event”). We shall notify you in writing of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under these Terms of Use and how we plan to mitigate the effect of such Force Majeure Event.
Severability. If any provision of these Terms of Use are, for any reason, found to be unlawful, void, or for any reason unenforceable, then the other provisions of Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
Assignment. Neither these Terms of Use nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Spacewell International NV’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Spacewell International NV shall be free to assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contact us
Please email any questions, concerns or comments regarding the above legal information to (webmaster@spacewell.com) or write to us by mail at Spacewell International NV/SA, Sneeuwbeslaan 20 bus 3, 2610 Wilrijk, Belgium.
