Terms and conditions
Terms and Conditions Openingsuren.com
- About Openingsuren.com
www.openingsuren.com, www.openingsuren.be, heures-douverture.com/be and openinghours-shops.com/be (hereinafter "Openingsuren.com") and the related Services are offered by Tatooine Computer Systems bvba, with registered office at Aarschotsebaan 6, 2235 Hulshout and VAT number 0454.686.213 (hereinafter the “Administrator”).
Openingsuren.com is an online platform which, at the request of enterprises, makes certain essential business data publicly available. This way, a unique link is created between enterprises and their potential customers.
The database offered by the Administrator comprises contact details of the companies concerned, a short description of their services and an indication of their opening hours. Every User can consult this information free of charge. In addition, the Administrator offers paying promotion services.
- Scope of the Terms and Conditions
As regards these Terms and Conditions, the following terms are defined as follows:
Every party who, regardless her capacity, makes use of Openingsuren.com and/or the Services offered by the Administrator; including, but not limited to: Visitors, Non-Paying Advertisers and Paying Advertisers.
Every natural or legal person who, regardless his capacity, consults Openingsuren.com free of charge; including, but not limited to: consumers, traders and enterprises.
c) ‘Non-Paying Advertiser’:
Every User who registers on Openingsuren.com to make use of the free Services of the Administrator.
d) ‘Paying Advertiser’:
Every User who registers on Openingsuren.com to make use of the Paying Promotion Services of the Administrator.
Both Non-Paying and Paying Advertisers
f) ‘Advertising Agreement’:
The agreement which is concluded between the Administrator and the Paying Advertiser and which concerns the Promotion Services provided by Openingsuren.com. In consultation with the Paying Advertiser specific modalities can be included in the Advertising Agreement. These modalities can, among other things, relate to the choice of the type of promotion, special requirements, the duration of the promotion, etc.
All operations offered by the Administrator to the User, including, but not limited to: providing a free database, making certain business data publicly available and offering paying Promotion Services.
h) ‘Promotion Services’:
This is the object of the Advertising Agreement between the Administrator and the Paying Advertiser. In exchange for payment the Administrator puts certain data of Users at the disposal of the Paying Advertiser, for the direct marketing purposes of the latter. The Paying Advertiser is allowed to place advertisements on Openingsuren.com.
2.2 General provisions
The Terms and Conditions set out below apply to the use and functioning of Openingsuren.com, the Services offered by the Administrator and all agreements with regard to the use of Openingsuren.com and the Services concluded by the Administrator.
By using and/or consulting Openingsuren.com and/or making use of the Services offered by the Administrator, the User declares having taken notice of the Terms and Conditions in full and to accept the full application thereof. It is expected of all Users that they carefully read these Terms and Conditions, prior to the use and whenever a change is notified.
We attach great importance to privacy. That is why we want to inform you to the largest extent possible about our policy with regard to personal data. Our Privacy Statement explains how we process your personal data and which measures we take to protect your privacy when you use our Services.
We guarantee that the protection and processing of personal data will always be done according to the current legislation, in particular the Privacy Protection Act of 8 December 1992.
4. House rules for the User
4.1.1. Every User can register free of charge. The User who registers is free to decide whether or not he will make use of the Non-Paying Services (‘Non-Paying Advertiser’) and/or the paying Promotion Services (‘Paying Advertiser’) offered by the Administrator.
4.1.2. The User who registers on Openingsuren.com has to provide complete, accurate and up to date information. Every registered User is responsible for the completeness and accuracy of the information he provides. The registered User has to keep his personal page up to date.
4.1.3. A User can only register under his own name.
4.1.4. The User who registers is responsible for maintaining his personal profile.
This implies that the User himself has the responsibility to ensure the strict confidentiality of his user details and especially his password. The storage, the use and the transfer of his login details takes place under the full and exclusive responsibility of the User. The User declares that he has been warned about the inherent insecurity of the use of the function of the automatic saving of login details which might be offered by his computer system. The User acknowledges that he is fully responsible for the use and the possible consequences of such a function.
4.1.5. The Administrator undertakes not to share data with third parties who are no contracting parties nor to provide third parties with data. Every breach of confidentiality, for which the consent of the User was not obtained, has to be notified to the Administrator (firstname.lastname@example.org).
4.1.6. Users under 16 years of age can only register when they have obtained the consent of their parent(s) or guardian.
4.2 General provisions with regard to the Promotion Services
4.2.1. The Promotion Services are provided at the price as agreed by both parties in the Advertising Agreement. The contractual price may differ from the prices that are published on Openingsuren.com. The prices, published in a price list on Openingsuren.com, are purely indicative. The Administrator may, at any time, unilaterally decide to change the price list.
4.2.2. The Paying Advertiser always has to pay before the start date of the advertising period. If no payment has been made, the Administrator shall not be obliged to fulfil his part of the obligations.
4.2.3. The agreed content of the Promotion Services, being texts and visual material, has to be in possession of the Administrator at least five working days before the start of the advertising period. The Administrator only has to start fulfilling his obligations five working days after the client has fulfilled his contractual obligations, and this only until the end date of the original agreement.
4.2.4. The placing of a specific advertisement only implies that the demanded technical specifications have been met. The Paying Advertiser only remains responsible for the content and design of every advertisement he publishes.
The content of the published advertisements does not necessarily represent the opinion or vision of the Administrator. In addition, the Administrator cannot be held liable for the content of any advertisement published on Openingsuren.com.
4.3 Limits to the use of Openingsuren.com
4.3.1. The Administrator offers his database with the aim of being a safe and reliable source of information in the relationship between enterprises and their (potential) customers. Every User of Openingsuren.com must at all times act dutifully and in good faith. As a consequence, the User cannot use Openingsuren.com for other purposes than those for which Openingsuren.com has been developed.
4.3.2. Under no circumstances will the User act in contravention of:
- These Terms and Conditions;
- Additional conditions formulated in the Advertising Agreement;
- The legal provisions in force;
- Rights of third parties;
- The generally accepted Internet code of conduct.
Every User has to refrain from the following acts or conduct:
- Every act which may hinder the access to and/or disrupt the proper functioning of Openingsuren.com, including, but not limited to linking of any malware such as viruses, worms, trojans, etc. to Openingsuren.com;
- Every act which could affect the reputation of Openingsuren.com;
- Every act on Openingsuren.com which is an infringement of the current legislation or rights of third parties, or which incites to infringing them. This also includes infringements of all sorts of intellectual property rights;
- Every use of the database published on Openingsuren.com in a way which Is in breach of the current Privacy Legislation;
- Every act of a User which complicates or possibly affects the purposes of Openingsuren.com;
- Publishing the following content on Openingsuren.com:
- Any kind of content that can be considered to be inappropriate or unlawful because of its illegal, unlawful, harmful, abusive, misleading, threatening, obscene, pornographic, offensive or racist nature and/or more generally because it is in conflict with the public morality or the public order. This content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate;
- Content in which personal data of third parties are unlawfully processed;
- Content which involves chain letters, junk mail or spamming;
- Content which contains viruses, worms, trojans, cancelbots or other software which may harm the Services or the rights and interests of Visitors;
- Content which overloads the infrastructure of the Administrator or disrupts its proper functioning;
- Content which involves commercial activities such as lotteries, competitions and pyramid schemes and for which no consent was given by the Administrator;
- Content with which illegal activities are carried out or promoted;
- Content that violates intellectual property rights, the privacy or any other rights of the Administrator, his Licensors and his Users;
- Content which the Administrator cannot reasonably accept for other reasons than those mentioned above.
The list above is in no way exhaustive.
4.3.3. The Administrator reserves the right to take the necessary measures against every act which cannot be regarded as ‘in good faith’, or which the Administrator considers to be threatening for his liability.
These measures can consist of the refusal of a (new) registration, the removal of (certain data of) a profile or the obligation to change the password. Profiles can also be, temporarily or permanently, suspended. This enumeration of measures is in no way exhaustive. The Administrator has a broad discretion with regard to the most appropriate measure. If necessary, the Administrator may take further legal action.
4.3.4 Infringements of the system or network security can also lead to criminal prosecution. In such cases, the Administrator can send all relevant data to the competent authorities.
4.3.5. The Administrator reserves the right to refuse registrations and to delete pictures (logos, photos, etc.) and links without having to give any motivation.
4.3.6. The database published on Openingsuren.com can only be used for informational purposes. The Administrator reserves the right to, temporarily or permanently, terminate the access in case of improper informational use. Improper informational use is considered to be the abuse of search functions with the aim of copying the entire database or parts thereof. Using a database with the aim of re-using the obtained data for unsolicited contact (e.g. spam, telephone calls, faxes, etc.) is also considered to be improper informational use. The scope of the term ‘improper informational use’ is in no way limited to the abovementioned examples.
The Administrator can, at his sole discretion, define the term ‘improper informational use.
5. Intellectual property rights
5.1 The User
The User has the intellectual property rights on the content he publishes on Openingsuren.com, including, but not limited to copyrights, neighboring rights, trademark rights, patent rights, drawing and design rights, trade name rights, database rights and rights with regard to the protection of knowhow (the “Intellectual Property Rights”).
5.2 The Administrator
The Administrator emphasizes that the ‘Openingsuren.com’-database is protected as intellectual property by the Belgian Code of Economic Law (Book IX). Anyone who abuses the ‘Openingsuren.com’-database or infringes the aforementioned intellectual property rights to the detriment of the Administrator has to be aware of the possible legal prosecution and/or criminal penalties.
6.1 Restriction of the liability of the Administrator
6.1.1. Insofar as permitted by law, the Administrator excludes every liability for any damage, direct or indirect, which a User suffers or has suffered as a result of:
- The use of Services offered by the Administrator;
- The unavailability or insecurity of Openingsuren.com of parts thereof;
- Incorrect information on Openingsuren.com;
- Acquiring Services via Openingsuren.com;
- Changes made by the Administrator on Openingsuren.com and/or to the Services offered.
6.1.2. The Administrator is under no circumstance liable for any damage a User suffers and which relates to the use and functioning of Openingsuren.com, including, but not limited to an infringement of the honor and reputation, lost profit and loss of personal data.
6.1.3. The liability of the Administrator vis-à-vis a Paying Advertiser is, in any case, limited to the total amount of the fees the Paying Advertiser paid to Openingsuren.com during the 12 months prior to the act causing the damage; or 150 EUR, should the total amount exceed this sum. The claim for damages on the part of the Paying Advertiser is prescribed after 12 months counted from the time when the harmful event or act took place.
6.1.4. The Administrator is a service provider who provides hosting services in accordance with article XII. 19, §1 of the Belgian Code of Economic Law. As a result, the Administrator is not obliged to monitor the lawfulness of the data and Services offered on his website or the legal capacity and authority of his Users.
6.2 No guarantees
6.2.1. The Administrator cannot guarantee that the data and Services offered by the Advertisers on Openingsuren.com meet the expectations of the User.
6.2.2. Since the majority of the content on Openingsuren.com consists of user generated content, the Administrator is unable to give any guarantees with regard to the correctness, the accuracy, the authenticity and the quality of the information.
The Administrator has no positive obligation to evaluate every new content against these criteria. If certain information does not meet at least one of the aforementioned criteria, the interested party has the possibility of notifying this to the Administrator (email@example.com). The Administrator commits to taking measures in order to solve this.
6.2.3. The Administrator makes no guarantee with regard to the permanent or secure access to his website and database.
6.2.4. The Administrator is unable to provide any guarantees with regard to the uptime level of the website and the database. The Administrator does, however, strive to achieve an average minimum uptime level of 90%. For the calculation of this average, the duration of maintenance operations and cases of force majeure will not be taken into account. Should the uptime targets vis-à-vis a certain Paying Advertiser not have been met, the Administrator will proportionally compensate the Paying Advertiser concerned for the period his advertisement was not available online.
This compensation shall under no circumstances exceed the initial price of the Promotion Service as determined in the Advertising Agreement between the Administrator and the Paying Advertiser. Every User who does not pay any fee to the Administrator cannot derive any rights out of a situation of the downtime of the website.
6.3.1. The Administrator reserves the right to be able to change the website or parts thereof at any time.
6.3.2. With the exception of the Promotion Services the Administrator reserves the right to change or terminate his Services. A possible change or termination of a Service will be announced within a reasonable period before the implementation.
6.3.3. No deviations from these Terms and Conditions are allowed, with the exception of deviations mutually agreed upon with a Paying Advertiser and explicitly recorded in writing in the Advertising Agreement. In such a case, the specific conditions in the Advertising Agreement will have precedence over the Terms and Conditions, however only in as far as the deviations concerned.
6.4 Websites and services of third parties
The Administrator can decide to use links (such as hyperlinks or banners) or to use websites and services of third parties which are no property of or which are not under the control of the Administrator. The User acknowledges that the Administrator has no control over, and thus cannot be held liable for the content, the policies, the conditions of use or the methodologies of any website or service of a third party.
If appropriate, the User is subject to the policies and conditions of use which apply for these third parties.
7. Complaints procedure
7.1. In the event of complaints with regard to the functioning of the website or the offered service, the User can contact the Administrator via email (firstname.lastname@example.org). The User undertakes to notify to the Administrator any complaints within a reasonable period and at the latest within two months after discovering the defect with regard to the Services.
7.2. Complaints have to be as complete and clearly defined as possible. Whenever a User files a complaint he has to add the mention “Complaint” in the field on the contact form where he has to define his question or in the subject field of the mail.
7.3. After the filing of the complaint, the Administrator will confirm the good reception of the complaint and inform the User within five working days about the time period within which the Administrator will propose a solution to the problem. The Administrator strives to solve the complaints submitted as quickly as possible.
7.4. As far as the complaints and remarks submitted are well-founded, the Administrator commits to taking the appropriate measures. The Administrator has a broad discretion when determining the most appropriate measure. Among other things, the Administrator can decide to erase certain content published by Users.
The Administrator is in no way limited to this measure.
7.5. When an abuse of his Services is notified, the Administrator undertakes to take the necessary measures to remedy the situation. The Administrator can, among other things, erase incorrect information.
Every User who jeopardizes the liability of the Administrator as a result of an infringement of these conditions, undertakes to safeguard the Administrator from any claim or demand. The User also undertakes to take the appropriate measures in defense of the Administrator and to cover the legal costs arising from this claim or demand.
9. Force majeure
9.1. The liability of the Administrator can never be jeopardized as a result of any case of force majeure. Force majeure is understood to mean the situation in which the execution of the agreement by one of the parties is, fully or partly, temporarily or permanently, hindered by circumstances beyond the control of that party, even if this circumstance was foreseeable at the time the agreement was entered into.
9.2. The Administrator is entitled to suspend his obligations vis-à-vis the Users for the duration of the event of force majeure.
9.3. Specific IT defects can also be covered by the definition of force majeure.
This includes, but is not limited to: malfunctions of the server, insufficient communication infrastructure, insufficient software and hardware of the customer, etc. In case of technical malfunctions, such as the non-availability of the website or in the event of other cases of force majeure, the Administrator cannot be held liable by the Paying Advertiser for the damage which arises as a result of the non-availability of advertisements. The Paying Advertiser is under no circumstances entitled to the restitution of the payed fee.
10. Applicable law and competent court
10.1. All agreements to which these Terms and Conditions apply as well as all other agreements resulting from them are exclusively governed by Belgian law.
The application of the provisions of the Vienna Sales Convention of 11 April 1980 are explicitly excluded.
10.2. All disputes between parties with regard to the agreements which are subject to these Terms and Conditions are an exclusive matter for the courts of the judicial district of Antwerp, department Antwerp.