conditions-generales-utilisation

Definitions & Application
The “Website” is the website available at the following address: “https://flagland.fr/”.
The Website is administered and managed by SRL FLAGLAND, located at Bd. Industriel 9, 1070 Anderlecht, which can be contacted at +32 (0) 478 90 00 10 and at the following email address: contact@flagland.be, registered with the ECB under number: ECB 0804649246, (hereinafter referred to as “the Provider”).
The term “user” refers to any individual or legal entity, registered or not 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 contracts with the Provider.
The provider and the user are hereinafter referred to as “the parties”.
By surfing on 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 provider, the user formally, unconditionally and without any reservation whatsoever, marks his agreement to the present terms and conditions and undertakes to respect them.
These terms and conditions apply to all information consultations, orders, subscriptions and contracts binding the parties. In addition, these terms and conditions exclude and supersede all other terms and conditions.
The Provider reserves the right to modify these terms and conditions at any time without prior notice. Such changes shall apply immediately to all use of the website.
Additional rules and guidelines shall be deemed to form an integral part of these terms and conditions. The user is therefore advised to refer regularly to the latest version of these conditions, which are permanently available at the following address: https://aero.flagland.be/conditions-generales-utilisation/.
Access & use of the website and its content
The Website can be accessed by computers on which current software is installed (browser, operating system, etc.). The provider does not guarantee any compatibility and cannot be held responsible if the user is unable to consult and/or use all or part of the Website or its content, for whatever reason.
Consequently, it is the user’s responsibility to equip himself with the IT resources, and possibly human resources, necessary 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 manner whatsoever and regardless of the technical means used, from :
◦ attempt to gain access to parts of the website that are not publicly placed online;
◦ perform any act that, at any time, could compromise the proper functioning of the Website in any way;
◦ use any (automatic) system whatsoever, such as, but not limited to, “robots”, “spiders”, “offlines readers”, etc.., for the purpose 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 queries, contest responses and entries, voting, or on any interaction with another user of the Website, even when the user is responding to a request made on the Website (e.g. a contest entry) ;
◦ post, upload, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise objectionable ;
◦ consult, display, download, send, transmit, any content that would be contrary to international laws in force ;
◦ attempt to mislead other users by impersonating the name or business name of others;
◦ upload, post, send, e-mail or otherwise transmit any infringing content, patent, trademark, trade secret, intellectual property right or other proprietary right belonging to another ;
◦ upload, post, e-mail or otherwise transmit any content that includes 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 telecommunication tool without limitation;
◦ commit any action having a disruptive effect impeding 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 one or more other users of the Website or its content;
◦ collect and store personal data pertaining to other users.
The user undertakes to take all reasonable and necessary precautions to prevent its equipment or data from being affected by viruses, bugs, Trojan horses or any other malicious computer programs of any kind.
In order to access or use certain parts of the Website, the user may be required 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 it is regularly updated. Should the User fail to do so, the Provider shall be entitled to suspend or terminate the User’s account, or refuse the User access to all or part of the Website or its content.
Where applicable, the User undertakes to keep his/her login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his/her password and any use that may occur without his/her knowledge. In the event of any doubt as to the confidential nature of the password, it is the user’s responsibility to change it immediately or to notify the service provider in writing as soon as possible.
The user accepts that the functionalities offered through the Website may change. Thus, some features may be removed and others added, without the user being able to consider that access to a particular feature constitutes an acquired right. Similarly, the Provider alone will decide whether to include or delete any content presented on the Website.
The 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 may be the case, for example, in the event of maintenance of the Web Site or significant modification of the content and/or functionalities offered.
This may also be the case in the event that the Provider may legitimately believe that the User has violated, or acted in contradiction of, these General Terms and Conditions or any other legal provision in force at the time of the violation.
License
The user is granted the right to consult the Web Site and its content for personal use only. As such, the user is granted a personal license to use the Website and its content, which is non-assignable, non-transferable and exclusively limited to personal use. The duration of the user license is limited to the duration of the user’s access to the Website.
Any commercial use of the Website is strictly prohibited. The term “commercial use” refers to, but is not limited to, any sale or rental of the various functionalities of the Web Site, recordings of all or part of the content available on the Web Site, or any use of the Web Site and its components with the sole aim of generating revenue.
It is also strictly forbidden for the user, who may not otherwise grant authorization 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 engineer or assemble 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 Provider;
◦ sublicense or transfer in any manner whatsoever any rights relating to the Website and/or its content, including but not limited to any rights relating to software.
Intellectual & industrial property
The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, 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 Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark rights, sui generis rights of database producers, etc.).), which the user acknowledges and accepts.
By surfing on or consulting the Website, by registering, by becoming a member, by downloading files, or by using the content of the Website in any way whatsoever, the user does not under any circumstances become the owner of any of the aforementioned rights or assimilated rights.
The Provider guarantees that the elements present on the Web Site and made available to the User solely by the Provider respect the rights of third parties, and in general are not illicit.
The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser.
By placing certain data, text, images and/or any other element online, the user automatically grants the Provider, free of charge, exclusive permission to reproduce, communicate and/or otherwise use these elements, both on the Website and in one or more magazines or products published by the Provider.
Responsibilities
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, from the website and its contents, always take place under 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 or damage resulting therefrom. The Provider cannot be held liable for any improper use of the registration or affiliation, login and/or password.
The user also agrees to be liable to any person, and in particular to the persons represented, in any way whatsoever, for any content that he/she publishes either on the Web Site or via the Web Site.
The Web Site may contain links to other Web sites over which the Provider has no technical or content control. The decision to activate such links is the sole responsibility of the user. The Provider therefore makes no representations or warranties whatsoever as to the accuracy or completeness of the content, access or availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore the user’s responsibility to determine whether it is appropriate to visit these sites.
If the user places a message of any kind whatsoever, or any other form of information, data and/or opinion 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.), with standards and morality, or with any legal provision. In this respect, the user expressly indemnifies the service provider against any claim or action brought by third parties based on content placed on the Website.
Liability of the provider
The provider is bound by an obligation of means. In no event will the Provider be liable for any direct or indirect damages incurred by the User in connection with the use of the Website, the sites linked to it and/or the content made available to it.
The Provider makes every effort to ensure that the data and documents forming part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be ruled out, and the Provider therefore gives no guarantee in this respect.
Similarly, the Provider is only liable for its own wilful misconduct or gross negligence. It is not liable for the wilful misconduct or gross negligence of its employees, principals and, in general, its vicarious agents.
The Provider will use its best endeavours to ensure that the Website remains accessible at all times to a normal number of users, but cannot be held liable for any direct or indirect damage arising from any modification, suspension or interruption of access to the Website, for whatever reason.
Nor is the Provider responsible for contacts and relationships between users of the Website.
Furthermore, the Provider does not guarantee the compatibility of the files that form part of, or appear on, the Website with the user’s equipment, nor the accessibility of these elements.
The user will also hold the provider harmless from any claim, in any of the following cases:
◦ loss of opportunity or revenue of any kind whatsoever due to the operation or non-operation, or use or lack of use of the Website, or the content therein or to be 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 Website;
◦ temporary bandwidth congestion;
◦ interruption of the internet connection service due to a cause beyond the Provider’s control.
The user acknowledges and accepts:
◦ the restrictions and risks associated with 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 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, as a result of the aforementioned risks;
◦ the fact that electronic communications exchanged and backups made by the provider may be used as evidence.
Although the Provider makes every effort to keep the Website free of bugs, viruses, Trojan horses and spyware, these cannot be excluded. The provider can in no way be held responsible for any resulting damage and/or loss, particularly with regard to user data. Users are therefore strongly advised to install the necessary firewalls, anti-virus and other protective software to prevent damage to their computers, and to exercise caution when communicating personal data.
With regard to messages from third parties, the provider cannot in any way be held liable for any resulting damage, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in such messages are the sole responsibility of the person who posted them.
Advertisements inserted on the Website are always the work of third parties. The Provider can in no way be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered as part of these advertisements.
Miscellaneous
Force majeure
The service provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or fortuitous events.
In particular, the following events shall be considered as force majeure or fortuitous events: (1) the total or partial loss or destruction of the Provider’s computer system or database, where any of these events cannot reasonably be directly attributed to the Provider, and where it is not shown that the Provider failed to take reasonable steps to prevent any of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether declared or not; (8) lock-outs ; (9) blockades; (10) insurrections and riots; (11) a stoppage in the supply of energy (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) an act or decision of a third party where 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 control of the service provider, 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 in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. Failing agreement within a reasonable period, either party may invoke termination of the contractual relationship between them without compensation or indemnity of any kind.

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 terms and conditions, nor shall it affect the remainder of such article, paragraph or provision, unless a contrary intention is evident from the text.
If any part of these terms and conditions is held to be wholly invalid, the Provider will replace it with a provision that comes as close as possible to the economic effect of the provision held to be invalid.
Headings
The headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions to which they refer.
Entire agreement
These terms and conditions and any agreement (including a subscription agreement), where applicable, represent the entire agreement between the parties.
No statement, representation, promise or condition not contained in these terms and conditions may or shall be deemed to contradict, modify or affect in any way the terms hereof.
In addition, these terms and conditions and any contract (including a subscription contract), where applicable, supersede any prior agreement between the parties and apply to any new agreement.
Applicable law and jurisdiction
The present agreement is governed by Belgian law.
In the event of a dispute concerning the validity, interpretation, performance or termination of the present agreement, the parties undertake to have recourse to mediation prior to any other means of dispute resolution.
The parties therefore appoint a mediator approved by the Commission Fédérale de Médiation (Bd Simon Bolivar, 30 (WTC III) à 1000 Bruxelles – https://www.cfm-fbc.be/en) by mutual agreement, or entrust a third party with the appointment.
Once the mediator has been appointed, the parties, with the mediator’s assistance, define the terms of organization of the mediation and the duration of the process.
Either party may terminate the mediation at any time, without prejudice to the other party.
Should the mediation fail, only the courts of the judicial district of Brussels shall have jurisdiction.