Website Terms of Use v1 January 1st 2020

 

1.      Company and contact information

The present terms and conditions (“General Terms of Use” or “GTUs”) constitute an agreement between users (the “User” or “you”) of the site and MGLC SPRL, operating under the tradename "Gades" Belgium, having its registered office located at avenue d'Argenteuil, 53, 1410 Waterloo, registered under the laws of Belgium under BCE number BE0669869924 (“Gades” or “we”).

 

2.       Scope of application

By accessing, browsing, or using (“Use”) Gades’ website (the “Site”), User acknowledges acceptance of the terms and conditions listed in the GTUs.

If User does not accept the terms and conditions listed in the GTUs, User may not Use the Site. Gades reserves the right to update the GTUs from time to time at its sole discretion. User is advised to review the GTUs periodically.

The Site and any related services are available to User, provided that User can enter into legally binding agreements under applicable law. The Site is not intended for or targeted at children under 18. If you are a minor, please do not use the Site.

 

3.       Communication

Any (potential) client may communicate with Gades through the online form available on the Site or via email or phone (the “Communication Channels”). By using the Communication Channels, the User expressly accepts the terms and conditions of the GTUs and consents to Gades processing their personal data, in accordance with the Privacy Statement [fd1] .

Any information provided through the Communication Channels should be regarded as purely informative and personal. As such, Gades cannot be held liable for any direct and/or indirect damages which may result from such free information. Gades cannot guarantee that legal information given through the Communication Channels is correct, current or up to date, nor suitable for every situation.

 

4.      Intellectual Property Rights

Gades grants User a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for User’s personal and non-commercial use thereof or within User’s organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, texts, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Materials”) are the exclusive property of Gades or its content suppliers. The Materials are protected by applicable intellectual property laws. Except as expressly permitted herein, User shall not:

i.        use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Materials, or

ii.       use the Materials from other web sites or any media on the Site, e.g., networking environment, without Gades' prior written consent.

All trademarks, service marks, domain names, logos, or other identifiers (the “Marks”) displayed on the Site are exclusive property of Gades and/or their respective owners. User shall not use the Marks in any manner without Gades' and the respective owners' prior written consent.

The Site is protected by copyright other intellectual property rights. Gades and, where appropriate, third-party suppliers retain all rights, titles and interests in and to the Site. Use of the Site does not confer any ownership rights to the User.

The Site may incorporate third party data, text, images, software, multi-media materials and other content (“Third Party Content”) and references to the term "Site" will be taken to include all materials, content and services made available from time to time on the Site whether viewed on screen or downloaded to another computer including without limitation Third Party Content.

References to other parties’ trademarks on this Site are for identification purposes only and do not indicate that such parties have approved this Site or any of its contents. These GTUs do not grant User any right to use the trademarks of other parties.

Except as otherwise specifically agreed in writing or to the extent necessary for User to view the Site in accordance with the GTUs, User shall not:

i.        copy the Site in whole or in part;

ii.       display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, lend, transfer or in any way exploit the Site in whole or in part;

iii.     embed the Site into other products;

iv.     create function calls or other embedded links from any software program to the Site;

v.       remove or obscure any copyright or other intellectual property rights notice of Gades or any of its third-party suppliers;

vi.     use any Marks of Gades or any of its third-party suppliers; or

vii.   save to the extent permitted by law, reverse engineer, decompile, disassemble, or otherwise seek to gain access to the applications or source code of the Site.

 

5.      The Site

The Site allows User to subscribe to legal consultancy services, consisting of day-to-day legal support (the “Services”). If User wishes to subscribe to the Services, a separate agreement will have to be entered into between Gades and the User.

By submitting or entering information to the Site (for example (non-limitative): submitting an online form to be contacted by Gades or subscribing for Services), User agrees to grant Gades a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, create derivative works in any manner, in entirety or a portion of, of User’s information, and by any means, forever and worldwide.

User acknowledges and agrees that Gades may retain copies of User’s submitted information and disclose User’s submitted information to third party if Gades believes that it is necessary to:

i.        protect the integrity of the Site

ii.       protect the rights of Gades

iii.     protect the rights of any individual as per applicable data privacy laws

iv.     comply with any court order

v.       comply with any legal proceedings

vi.     assert Gades’ claim under the GTUs

vii.   satisfy any claims regarding violations of third party's rights.

 

6.      General Prohibitions

In connection with User’s Use, User agrees NOT to:

a.      violate any local, state, provincial, European Union, other applicable rules, regulations, and statutes

b.      infringe any intellectual property rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of Gades or any third party

c.       violate the privacy rights of others or personal rights by abusing the Materials, including, but not limited to, collecting the personal information of others without their consent

d.      breach or attempt to breach any security measures of the Site

e.      use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Gades’ prior written consent

f.        copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by User, or

g.       use the Site in any unauthorised way or for any criminal activity.

 

7.      Terms of Use

User agrees to:

a.      Use the Site only for lawful purposes, and

b.      bear the risks of any reliance or use of any Materials or any information provided by any third party.

 

8.      Links to third party sites

The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by Gades. Gades shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Gades and the owner of the Linked Sites or any endorsement by Gades of the Linked Sites. Gades includes the Linked Sites solely for the convenience of User. User is solely responsible for User’s access of the Linked Sites. User shall use his/her own judgement, caution, and common sense in using the Linked Sites.

 

9.       Privacy

Gades will process any personal information User provides on or through this Site in accordance with its Privacy Statement [fd2], which is incorporated herein by this reference, and in accordance with any specific terms set out on the relevant part of this Site.

 

10.  Indemnification

User agrees to indemnity, defend, and hold Gades, its agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of User’s Use of the Site, or User’s violation of any terms and conditions of the GTUs.

 

11.  Disclaimer

User acknowledges and accepts that:

a.      User shall assume all risks related to or resulting from User’s usage, viewing, or access of the Site. The Site is provided on an "as is" and an "as available" bases.

b.      Gades expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing or usage.

c.       Gades expressly disclaims all warranties that

i.        the site and its contents will be error-free or virus-free

ii.       the site will be uninterrupted and secure

iii.     the site will be available at all times

iv.     the site will meet all of User’s requirements

Gades further disclaims all warranties as to the reliability, accuracy, completeness, validity, or truthfulness of any Third Party Content or Linked Sites.

 

12.  Liability

User agrees to assume all risks associated with, arising out of, or resulting from User’s Use of the Site.

The sole liability of Gades for any and all claims in any manner related to the GTUs, including the Services, will be the payment of direct damages, not to exceed (in the aggregate) the amount of ten thousand euros (10,000 EUR).

In no event will Gades be liable for any lost profits, lost savings or any other economic loss, or for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including, but not limited to, business interruption, lost business, lost data or fines of any type), even if User has been advised of or could reasonably foresee the possibility of any such damage occurring. 

 

13.  Termination

Gades has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site.

 

14.  General Conditions

Gades may revise these GTUs at any time in its sole discretion by posting such revised GTUs or elsewhere in this Website. Such revisions shall be effective upon posting, unless explicitly stated by Gades. It is User’s responsibility to be aware of any such revised GTUs by checking this webpage. User’s continued use of this Site following changes to these GTUs constitutes User’s agreement to the revised GTUs.

User agrees that there is no employment, partnership, agency, or joint venture relationship between User and Gades arising out of or resulting from User’s Use of the Site.

The GTUs constitute the entire agreement between User and Gades governing User’s Use of the Site and is additional to any binding agreement between User and Gades.

User may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules or regulations.

The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to the GTUs shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.

The failure or delay by either party to enforce the terms of the GTUs shall not be deemed as a waiver of such term.

The GTUs are governed by the laws of Belgium without application to its conflict of laws provisions and any conflict arising under the GTUs are submitted to the exclusive jurisdiction of the Brussels courts.

 

 

 

Last updated date: January 1st 2020.