Termes and conditions

Version dated 01/10/2019

1. Definitions & Application

The “Website” is the website available at the following address: “gocar.be” or “www.gocar.be” as well as a series of domain names registered in the name of CRT MEDIA for gocar.be.

The website is administered and managed by CTR – MEDIA S.A., whose registered office is located at Rue Royale, 100, 1000 Brussels, which can be contacted via the email address: support@gocar.be, registered with the Crossroads Bank for Enterprises under number: 0432.916.146, (hereinafter referred to as “the Supplier”).

The term “User” refers to any user, whether or not they are a natural or legal person, registered on the Website, who consults the Website or its content, downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or enters into a contract with the Service Provider.

The Service Provider and the User are hereinafter referred to as “the parties”.

The services offered on the Website consist in a restrictive way of providing Users with a virtual place of exchange as well as facilitating contacts between Users. These services can be free or paid for.

The use of certain services may require the User’s agreement to specific conditions, a user license, or compliance with specific conditions.

By browsing the Website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the Website, becoming a member, subscribing or contracting with the Service Provider, the User formally agrees, without conditions and without any reservation, to these General Terms and Conditions and undertakes to comply with them.

These conditions are applicable to any consultation of information, order, subscription, and contract binding the parties. In addition, these general terms and conditions exclude and supersede any other general terms and conditions.

The Service Provider reserves the right to modify these general terms and conditions at any time. Modified or new clauses will be immediately notified to the User when he logs into his account and/or when he first consults the Website after the modification. These changes will immediately apply to any use of the Website.

However, the User is advised to regularly refer to the latest version of these conditions, which is permanently available at the following address: https://gocar/fr/conditions_generales

2.  Access to and use of the Website and its content

The use of the services available on the Website is reserved for persons who may legally enter into agreements under applicable law. Minors and other persons without legal capacity may not use the services.

By registering, creating an account, using the content of the Website, downloading data and information, or becoming a member, the User certifies:

– not be a minor and have the legal capacity to enter into this agreement with the Service Provider;

– be financially responsible for any use he makes of the services and/or the Website;

– avoid any use of his account by other persons, including but not limited to minors.

The Website may be viewed by computers on which current software is installed (browser, operating system, etc.). The Service Provider does not guarantee any compatibility and cannot be held liable in any way if the User cannot consult and/or use all or part of the Website or its content, for any reason whatsoever.

Consequently, it is the User’s responsibility to equip himself with the necessary computer, and possibly human, resources to ensure his connectivity with the Website.

In the context of the User’s access to the Website or its content, the User expressly refrains, in any way whatsoever and whatever the technical means used, from:

– attempt to obtain access to parts of the Website that are not publicly placed online;

– take any action that, at any time, could compromise the proper functioning of the Website in any way whatsoever.

– use any (automatic) system whatsoever, such as, without this list being exhaustive, “robots”, “spiders”, “offlines readers”, etc., with the aim of creating: (1) denial of service attacks (including, but not limited to, network DoS, Application Dos, network DDoS, including DrDOS, or application DDoS); (2) messages to influence questions and requests, responses and contest entries, votes, or any interaction with another Website User, even when the User reacts to a request made on the Website (for example, a contest entry);

– read the contents of other Users systematically in order to use this data outside the Website;

– use programs that allow automatic data reading (e. g. crawler);

– post, upload, send, email, transmit or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, threatening the privacy of others, hateful, racist, or otherwise objectionable;

– consult, post, download, upload, send, transmit, any content that would be contrary to international laws in force;

– attempt to mislead other users by impersonating other people’s names or company names;

– upload, post, send, transmit by e-mail or in any other way any violent content, patent, trademark, trade secret, intellectual property right or any other proprietary right belonging to others;

– upload, post, e-mail or otherwise transmit any content containing computer viruses or any other code, files or programs designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunications tool, without this list being exhaustive;

– commit any action that has a disruptive effect that impairs the ability of other users to access the Website;

– refuse to comply with any requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Website;

– harass in any way any other user or users of the Website or its content;

– collect and store personal data relating to other Users;

– Unauthorized use of his username and/or password, as well as the username and/or password of another User;

– post promotional messages on the services;

– make a (in)direct link, or include descriptions of goods and/or services that are prohibited under these terms and conditions, and that any user has no right to offer or include with respect to these terms and conditions.

In the event of behaviour or action contrary to the points referred to above, the User shall immediately inform the Supplier via the contact e-mail address: info@gocar.be.

If necessary, the Supplier reserves the right, without justification or compensation, to remove or modify any content that may be considered obscene, malicious, immoral, harmful to itself, its partners or other Users.

In the event of conduct and/or action contrary to the foregoing, the Supplier also reserves the right to deactivate and terminate the account of the User responsible for the conduct and/or action in question.

The User undertakes to take all reasonable and necessary precautions to prevent his equipment or data from being infected by viruses, bugs, Trojan horses, or any other malicious computer program of any kind.

For access to or use of certain parts of the Website, the User may need to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that they are regularly updated. Otherwise, the service provider shall be entitled to suspend or terminate the User’s account, or to refuse access to all or part of the Website or its content.

If necessary, the User undertakes to keep his login and password secret and not to share them with third parties. The User remains solely responsible for the confidentiality of his password and for any use that may occur without his knowledge. In case of doubt as to the confidentiality of the password, it is the User’s responsibility to change it immediately or to notify the Supplier as soon as possible in writing.

The User accepts that the functionalities offered through the Website are subject to change. Thus, some will be deleted and others added, without the User being able to consider that access to a particular functionality does not constitute an acquired right. Similarly, the Supplier shall decide alone whether to include or delete any content presented on the Website.

The Service Provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Website without having to inform Users in advance.

This will be the case, for example, in the event of maintenance of the Website or major changes in the content and/or functionalities offered.

This shall also apply if the Supplier can legitimately believe that the User has violated, or acted in contradiction with, these general terms and conditions or any other legal provisions in force at the time of the violation.

3. Licence

The User receives only the right to consult the Website and its content on a personal basis. As such, the User benefits from a personal license to use the Website and its content, which is non-transferable, non-transferable and exclusively limited to use for personal purposes. The duration of the user license is limited to the duration of the User’s access to the Website.

Unless expressly agreed by the Service Provider, any commercial use of the Website is strictly prohibited. The term “commercial use” refers, but is not limited to, any sale or rental of the various features of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components for the sole purpose of generating revenue.

It is also strictly forbidden for the User, who may not otherwise grant permission to others, to:

– modify, reproduce, copy, borrow, distribute all or part of the Website or its content;

– create derivative works based in whole or in part on the elements present on the Website;

– reverse the design or assembly or in any other way attempt to find the source code of all or part of the Website;

– create a hypertext link to or from the Website, without the prior and express consent of the service provider;

– sub-license or transfer in any way any right in the Website and/or its content, including but not limited to any right in the software.

 

4. Intellectual & Industrial Property

The concept, content, layout, structure, source codes, programming, images, photos, information, elements of information, logos, designs, trademarks, models, slogans, software, animations, audiovisual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website belong to, are and remain the exclusive property of the Supplier, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the database producer, etc.)), which the User acknowledges and accepts.

By surfing or consulting the Website, registering, becoming a member, downloading files, or using the content of the Website in any way, the user does not in any way become the owner of any of the rights referred to above or any similar rights.

The Service Provider guarantees that the elements present on the Website and made available to the User solely on the Service Provider’s behalf respect the rights of third parties, and in general are not illegal.

The storage of any information and/or element of the Website in a (electronic) database is not permitted, with the exception of the automatic collection of information by the browser.

By placing certain data, texts, images and/or any other element online, the User automatically and free of charge gives the Supplier exclusive permission to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more magazines or products published by the Supplier.

By entering into contracts with other Users, the User undertakes to respect their intellectual property rights and assumes full responsibility for each infringement committed and the resulting costs.

 

5. Responsibilities

5.1. Responsibility of the User

The consultation and use of the website, as well as the downloading of files of any nature whatsoever and with any technical means whatsoever, of the website and its content, are always the responsibility of the User, including vis-à-vis third parties.

Each User is himself responsible for his registration and/or affiliation, as well as for any abuse, damage that may result from it, or for the information, data, photos, or any other element published as part of an announcement, a comment, or as part of his personal space. The User therefore guarantees the content.

The Service Provider shall not be liable for any improper use of the registration or affiliation, login and/or password whatsoever.

The User also agrees to be responsible to any person, and more particularly to the persons represented, in any manner whatsoever, for any content he or she publishes either on the Website or through the Website.

The Website may contain links to other websites over which the Service Provider has no technical or content control. The User remains solely responsible for the decision to activate these links. The Service Provider therefore does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from the consultation and/or use, in any way whatsoever, of these websites. It is therefore up to the User to determine for himself whether it is appropriate to visit these sites.

If the User places a message of any kind or any other form of information, data and/or opinions on the Website, the User undertakes to use only information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and morality, nor with any legal provision. As such, the User expressly guarantees the Service Provider against any complaint or action brought by third parties based on the content it has placed on the Website.

 

5.2. Liability of the Supplier

The Website is a place for the exchange of information between Users. The services – most of which are free of charge – are mainly intended for non-professional, reasonable and normal use by the greatest number of visitors. The Service Provider does not directly benefit from transactions made on or through the Website. The Service Provider cannot therefore guarantee the requirements and conditions for professional use of the Website, in particular with regard to the speed, accessibility and/or accuracy of the services or data.

The Supplier is bound by an obligation of means. The Service Provider shall in no event be liable for any direct or indirect damage that the user may incur during his use of the Website, the sites linked to it, and/or the content made available to him.

The Service Provider makes every effort to ensure that the data and documents that form part of the Website are complete, accurate and up to date. Errors and/or deficiencies and/or outdated data can never be excluded and, therefore, the Supplier gives no guarantee in this respect.

Similarly, the Supplier is only liable for its fraud or gross negligence. It is not liable for the fraud or gross negligence of its employees, principals and, as a general rule, its enforcement agents.

The Service Provider makes its best efforts to ensure that the Website remains accessible, at all times, to a normal number of Users, but shall not be held liable for any direct or indirect damage related to a modification, suspension or interruption of access to the Website, for any reason whatsoever.

The Service Provider is also not responsible for contacts and relationships between Users of the Website.

In addition, the Service Provider does not guarantee the compatibility of the files that are part of or appear on the Website with the User’s equipment or the accessibility of these elements.

The User shall also hold the Supplier harmless from any claim, in one or other of the following cases:

 

– loss of opportunities or income of any kind whatsoever due to the operation or nonoperation, or use or non-use of the Website, or the content contained therein or intended to be contained therein;

– illegal or unauthorized intrusion by any third party into the Provider’s web server or website;

– introduction of a computer virus into the web server or the Website;

– temporary bandwidth congestion;

– interruption of the Internet connection service for a reason beyond the control of the Supplier.

The User acknowledges and accepts:

– restrictions and risks related to the use of the Internet or any other means by which the Website is currently or will in the future be made available;

– the risks of storing and transmitting information electronically or digitally;

– the fact that the Service Provider cannot be held liable for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, following the aforementioned risks;

– the fact that the electronic communications exchanged and the backups made by the service provider can be used as evidence.

 

Although the Supplier makes its best efforts to protect the Website from bugs, viruses, trojan horses and spyware, they cannot be excluded.

The Service Provider cannot be held liable in any way for any damage and/or loss resulting therefrom, in particular with regard to Users’ data. Users are therefore strongly advised to install the necessary firewalls, anti-virus and other protective software to protect their computer equipment from damage and to be careful when communicating personal data.

As soon as it is discovered, it is also the User’s responsibility to limit the amount of his damage by taking appropriate measures.

With regard to messages from third parties, the Service Provider cannot in any way be held liable for any damage resulting therefrom, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the person who posted them.

Advertisements that are placed on the Website are always the responsibility of third parties. The Service Provider cannot under any circumstances be held liable for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in the context of these advertisements.

 

6. Privacy and personal data protection

The manner in which CRT-Media collects and processes the personal data of Users of its Website is described in its Privacy Policy (also referred to as the Charter), the content of which forms an integral part of these general conditions.

 

7. Miscellaneous provisions

7.1. Force majeure

The Service Provider cannot be held liable, either contractually or non-contractually, in the event of a temporary or definitive breach of its obligations when such breach results from a case of force majeure or fortuitous circumstances.

In particular, the following events shall be considered as cases of force majeure or fortuitous events: (1) the total or partial loss or destruction of the Service Provider’s computer system or database when any of these events cannot reasonably be attributed directly to the Service Provider and it is not demonstrated that the Service Provider has failed to take reasonable measures to prevent any of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, declared or not; (8) lockouts; (9) blockades; (10) insurrections and riots; (11) a shutdown of energy supply (such as electricity); (12) a failure of the Internet network or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet network or telecommunications network on which the provider depends; (15) a fact or decision of a third party when such decision affects the proper performance of this contract; or (16) any other cause beyond the reasonable control of the provider.

If, due to circumstances beyond the Service Provider’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the Service Provider and the User undertake to negotiate in good faith and faith an adaptation of the contractual terms and conditions within a reasonable time in order to restore their balance. Failing agreement within a reasonable period of time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

 

7.2 Illegality

The possible illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of such article, paragraph or provision, unless there is an obvious contrary intention in the text.

If any part of these General Terms and Conditions is considered to be completely invalid, the Supplier shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.

 

7.3. Securities

The titles used in these terms and conditions are for reference and convenience only. They shall in no way affect the meaning or scope of the provisions they designate.

 

7.4. Entire and entire agreement

These general terms and conditions and any contract (including a subscription contract), where applicable, represent the entire agreement between the parties.

No declaration, representation, promise or condition not contained in these general conditions can and should be accepted to contradict, modify or affect in any way the terms of these general conditions.

In addition, these general terms and conditions and any contract (including a subscription contract or special conditions), where applicable, shall replace any previous agreement between the parties and shall apply to any new agreement.

7.5. Disputes and disputes

Any dispute relating to the services provided by the service provider, as well as any dispute as to the validity, interpretation or execution of these general terms and conditions, shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Brussels.