Terms of us
TERMS OF SERVICE
Preamble
The Beventup platform, hereinafter referred to as the “Application”, is published by it’s representative, Nicolas de Hollain, residing at Chemin Noulez 7, 7870 Lombise
Any person consulting the Application can contact the Nicolas de Hollain by mail or e-mail at the following addresses: contact@beventup.com or by phone at +32485406610.
Please also note that all terms contained in these Professional General Conditions of Use must be understood in their intended sense.
ARTICLE 1. DEFINITIONS
The terms defined below have the following meaning, whether used in the singular or plural:
● “ Application ” refers to the platform published by the company Beventup in the form of a mobile application, which aims to offer its users the sharing of private or public events, as well as to allow them to interact and communicate. exchange information with each other regarding these events.
● “ Service Provider ” means the Beventup company operating the Application;
● “ User ” means any natural or legal person, whatever their status or activity – commercial or not –, registered or not on the Application, who consults the Application and its content, who integrates personal data on the Application , who downloads files from the Application, who registers via any form available on the Application and thereby becomes a member of the Application.
● “ General Conditions of Use ” or “ Conditions ” designate the present provisions governing the use of the Application;
● “ Personal data ” means, with regard to Article 4, 1) of EU Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free circulation of these data (hereinafter, “Regulations”), “any information concerning an identified or identifiable natural person, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, specific to their identity physical, physiological, psychological, economic, cultural or social”;
● “ Content ” means all the information and publications to which the Application provides access, in particular the general structure, the texts, the animated or non-animated images, the videos, the sounds, the hypertext links of which the Application may be composed, the distinctive signs, brands and logos constituting its graphic charter, the associated databases as well as their contents, including in particular textual or numerical data, graphics, tables, photos, videos and presentations in the form of hypertext links;
ARTICLE 2. PURPOSE AND SCOPE OF APPLICATION
The General Conditions of Use aim to set the conditions of access, provision and use of the Application, its functionalities and its Content by the User.
They legally govern the use of the Application as well as the relationships existing between the Application, the Service Provider and the Users throughout their duration.
The General Conditions of Use form a contract between the User and the Service Provider. This contract is legally binding and is enforceable against the User who accesses and uses the Application in any way after having consented.
ARTICLE 3. ACCEPTANCE OF CONDITIONS
Any User is assumed to have read, understood and expressly accepted the General Conditions of Use when using the Application.
Users must necessarily read the General Conditions of Use and expressly consent to them by checking the box provided for this purpose on the Application.
In the event of complete or partial non-acceptance of these Conditions, the User must renounce the use of the services offered.
Likewise, use of the Application is subject to acceptance by the User of the Privacy Charter available at the following URL address: https://beventup.com/index.php/privacy-policy/.
ARTICLE 4. MODIFICATION OF CONDITIONS
The Service Provider reserves the right to modify the General Conditions of Use at any time, in order, in particular, to comply with any legal, jurisprudential, editorial and/or technical developments.
In the event of a modification of the General Conditions of Use, the Service Provider will publish the new Conditions on the Application for 15 days. The User will then have a period of fifteen days to possibly end their use of the Application if the new General Conditions of Use proposed do not agree with them. The modifications will come into force the day after the expiration of this fifteen-day period and in the absence of reaction from the User within this period. As soon as they come into force, these modifications will be binding on the User. The Service Provider will also inform the User of the modifications by email to the address provided on their account.
ARTICLE 5. SERVICES OFFERED
The Application offers a range of services allowing Users to discover and participate in events, whether public or private. Each event to which a User is invited or in which he participates through the Application is automatically integrated into his personal calendar within the latter.
All Users who have created an account on the Application will be able to share events, invite their friends to participate and interact with other Users of the Application. To this end, a messaging function will be set up, thus providing Users with the possibility of conducting private or collective discussions related to the events.
ARTICLE 6. ACCESS TO SERVICES
The Application is accessible to everyone. All costs incurred by the User to access the services (computer hardware, software, internet connection, etc. ) are their responsibility.
The Service Provider makes the Application available and ensures its maintenance. The Service Provider also implements all means at its disposal, within reason, to ensure quality access to its services. The obligation being of means, the Service Provider does not however undertake to achieve this result.
The Service Provider grants itself the right to innovate and maintain its services in order to improve their Content and efficiency. Therefore, the User accepts that, with this in mind, the Service Provider may modify the form and nature of the services provided without notice. The User also acknowledges and accepts that, as part of this innovation and maintenance, the Service Provider may stop – temporarily – providing the Service (or any functionality within the Service) at its sole discretion. The Service targets access to the mobile application as well as its use. The User undertakes not to claim any compensation following the interruption, suspension or modification of the services offered.
ARTICLE 7. CREATION OF A USER ACCOUNT
To optimally access the platform and certain services offered by the Service Provider, the User must create a user account in which they enter their contact details (surname, first name, user name, date of birth, email address, password and any profile and cover photos). This information will be collected in compliance with the obligations created by the Regulations.
The Service Provider, in accordance with article 12, reserves the right to refuse the creation of a user account and to delete it at any time, with justification, and without notice.
The User may delete their own account at any time and without notice.
ARTICLE 8. PERSONAL DATA
The Service Provider respects the right to privacy of its Users. It undertakes to ensure that all the information it collects allowing Users to be identified is considered Personal Data.
The Service Provider uses the User’s personal information to enable the provision of the services it offers. As such, the Service Provider undertakes to comply with the rules of the Regulation and the Law of July 30, 2018 relating to the protection of individuals with regard to the processing of personal data (hereinafter the “Law”). . The processing of this data carried out by the Service Provider is also governed by its Privacy Charter available at the following address: https://beventup.com/index.php/privacy-policy/.
Each User who considers his or her rights enshrined in the Regulations to have been infringed undertakes to first lodge a complaint with the Service Provider. He may lodge a complaint with the Data Protection Authority, withdraw his consent, exercise his rights of access, rectification, opposition, forgetting, limitation and portability with the Service Provider, by contacting to the following address: contact@beventup.com.
ARTICLE 9. MESSAGING SERVICES
Private messaging is available to Users carrying out a conversation exchange. Users can also engage in group discussions through talk pages.
The User undertakes to use respectful comments and behavior towards other Users of the Application. The Service Provider therefore reserves the right to moderate or delete User accounts that are disrespectful, offensive, racist, contrary to public order, harmful, threatening, illegal, defamatory, abusive, malicious, vulgar, obscene, fraudulent , infringing on privacy or image rights, odious, inciting violence or otherwise reprehensible, provided that the reasons for such action are specified.
ARTICLE 10. ADVERTISING
The Application may contain commercial advertising. Ads may appear continuously or occasionally. The Service Provider may publish advertisements relating to the services offered or from third parties.
The Service Provider cannot guarantee the reliability and accuracy of announcements from third parties. However, the Service Provider may be held liable for acts arising from the contractual relationship or in connection with the General Conditions of Use emanating from advertisements from third parties appearing on the Application.
ARTICLE 11. USER OBLIGATIONS
11.1. User account data
The User ensures that he provides the Service Provider with accurate information about him. He undertakes to update them when necessary. The User undertakes not to enter personal data (e-mail address, address of domiciliation or residence, etc. ) elsewhere than in the fields provided for this purpose and ensures, in general, to complete the fields of ‘an appropriate way. It is in fact important for the credibility of the Application and the Service Provider that its databases are accurate, which requires the good collaboration of the User.
The User is prohibited from usurping the identity of third parties or using the contact details of others, among other things, under article 231 of the Belgian Penal Code.
The Service Provider wishes to maintain a certain decency in the content published on the Application. The User is therefore prohibited from exploiting the tools made available to him to contribute to the dissemination of content of a sexual and/or pornographic nature, or to the promotion of activities of a sexual nature in any way whatsoever.
11.2. Prohibited actions
The User undertakes to behave in accordance with all the provisions of these Conditions and, in particular, to:
● not use a false identity with the aim of deceiving others and not communicate to the Service Provider false, usurped or erroneous contact details;
● not cause harm to anyone through the Application;
● not damage the reputation of the Service Provider or other Users through the Application;
● not disseminate content of a defamatory, offensive, obscene, violent or inciting violence nature, or of a political, racist or xenophobic nature, or which would, in general, be contrary to the laws and regulations in force or to good morals;
● not attempt to probe or test the vulnerability of the Application, or breach security and authentication measures without authorization;
● not disrupt or interrupt the Application or servers or networks connected to it, or violate any requirements, procedures, rules or regulations of networks connected to the Application;
● not attempt to interfere with the use of the services offered by the Application;
● not disclose unnecessary, sensitive or third party personal, professional or confidential information;
● refrain from carrying out any processing of Personal Data obtained on, via or using the Application and in particular from any collection for purposes other than those provided for by the Application, any misuse and any act likely harm the privacy or reputation of other Users or any other natural or legal person;
● not publish advertisements referring to paid numbers, requests for money, calls for help, denunciations or advertisements whose sole purpose is to refer the User to another site or another application ;
ARTICLE 12. RIGHT OF UNILATERAL TERMINATION OF ACCESS
The Service Provider reserves the right to unilaterally terminate the contractual relationship with the User who:
● violates any provision of the Terms or acts in such a way as to clearly demonstrate that it did not intend to comply with the Terms or that it cannot comply with them;
● would not use the services in accordance with article 5 of these Conditions;
● would damage the good reputation of the Service;
● would infringe the intellectual property rights of the Service Provider or third parties.
But again, the Service Provider reserves this same right of termination when:
● it is required to do so by law (for example, where the provision of services to the User is, or becomes, illegal);
● it is ceasing to provide the services to Users in the country in which the User resides or from which the User uses the services;
● the provision of the Service is no longer commercially viable.
ARTICLE 13. LIABILITY
13.1. Responsibility of the Service Provider
The Service Provider undertakes to provide the services described in the Conditions in an optimal manner. He undertakes to an obligation of means, as specified in article 6, al. 2 of the Conditions.
The Service Provider implements all appropriate technical and organizational measures to protect the User’s data. However, it cannot, under any circumstances, be held liable for any loss, including indirect or consequential loss (including, but not limited to, loss of opportunity), or for any damage arising from the loss of the use, data or profits, whether contractually or tortiously . This includes hacking or any other malicious act, arising from or in connection with the use of the services offered.
The Service Provider cannot, under any circumstances, be held responsible for any loss or damage suffered by the User as a result of any confidence it places in the completeness, accuracy or existence of any advertising , or following any relationship or transaction that it operates with any advertiser or sponsor whose advertising appears on the Site.
The Service Provider cannot, under any circumstances, be held responsible for the deletion, corruption or failure to store any content stored or transmitted by or via the use of the services offered.
The limitations of the Service Provider’s liability described above apply even in the event that the latter has been informed or should have been aware of the possibility of such losses or defects.
This sub-article is however not applicable in the event of fraud, gross negligence or, except in cases of force majeure, due to any non-performance of an obligation consisting of one of the main services of the Conditions.
13.2. Computer viruses, worms and Trojan horses
The Service Provider undertakes to make reasonable efforts to protect its services against computer viruses, worms and Trojan horses.
However, the Service Provider does not guarantee that the services are free of computer viruses, worms and Trojan horses and declines all liability for any damage, except fraud or gross negligence, which could result from the transmission of computer viruses, worms or Trojan horses. via the Services.
13.3. Force majeure
The Service Provider declines all liability in the event of force majeure, namely any sudden, unforeseeable and inevitable event, which is not due to the fault of the Service Provider or the User.
The Service Provider cannot therefore be held responsible for direct or indirect damage occurring following such an event (in particular strikes, pandemics, computer hacking or any other fortuitous event).
ARTICLE 14. HYPERTEXT LINKS
All sites and applications offering a hypertext link from/to the Application do not belong to the Service Provider. Consequently, they are neither verified nor controlled by it. The Service Provider therefore declines all responsibility regarding these sites and applications.
ARTICLE 15. INTELLECTUAL PROPERTY
The Service Provider reserves the intellectual property rights over the Application, its Content and the services offered as well as all its components. This includes, but is not limited to, all logos, illustrations, layouts and computer programs.
The User requests the prior authorization of the Service Provider for any qualitatively or quantitatively substantial reproduction, copy, extraction or publication of the Content, in any form or by any means whatsoever.
The Content as well as the services offered may only be used by Users for strictly private purposes and relating to their use of the Application; any commercial use is prohibited.
The User is entirely responsible for the content he puts online and undertakes not to infringe, through this, the rights of third parties or those of the Service Provider.
The Service Provider reserves the right to freely moderate or delete at any time the content posted online by the User, who may find justification through an email.
ARTICLE 16. COOKIES
A “cookie” is a data or text file placed temporarily or permanently on the User’s equipment (computer, tablet, smartphone, or any other similar device) when consulting the Application, in order to of a subsequent connection. Thanks to cookies, the server recognizes the User’s computer. Cookies may retain usage parameters and other data (choice of language, IP address, connection data, name, email address, etc. ). The Service Provider invites the User to consult the Cookies Policy available at the URL https://beventup.com/index.php/cookie-policy/ for more information regarding the use of cookies on this Site.
ARTICLE 17. MISCELLANEOUS PROVISIONS
The Conditions, the Privacy Charter and the Cookies Policy constitute the entire agreement between the Service Provider and the User, to the exclusion of any written or verbal agreement, communication or prior proposal. They can be consulted at any time on the Application at the following URL address: http://beventup.com/index.php/privacy-policy/.
If a clause of the Conditions is void or is made inapplicable or incompatible with a mandatory legal provision or public order, the other provisions of the Conditions remain applicable. The Service Provider undertakes to substitute another clause, according to the same procedure as described in Article 4 of this Charter.
The headings used in these Terms do not affect the meaning or scope of the provisions designated by them. They are used for convenience purposes only.
ARTICLE 18. APPLICABLE LAW AND COMPETENT JURISDICTIONS
18.1. Applicable right
The provisions of this Charter are governed by and interpreted in accordance with Belgian law.
18.2. Amicable resolution
The parties to this Charter will endeavor, in good faith, to resolve by mediation any dispute arising from or relating to this agreement. Thus, any disagreement, whatever its nature, will first be notified by the User to the Data Controller at the e-mail address contact@beventup.com or by registered mail to the following postal address Chemin Noulez 7,7870 Lombise.
18.3. Competent courts and tribunals
If the parties do not reach a resolution of the dispute by mediation, the Courts and Tribunals territorially competent to hear the dispute are the courts of the judicial district of Brussels, unless these are not designated as territorially competent under of article 624, 1°, 2, or 4° of the Judicial Code.