These terms and conditions of use govern your access to and use of the www.kdv-language.be website and the content, information and services which this website offers. These terms and conditions of use release KDV – Language & Training VOF and other persons involved from liability or limit their liability and also contain important provisions of which you must take due note. If you do not agree to the provisions of these terms and conditions of use or if you are not authorised to accept or acknowledge these terms and conditions of use, you may not visit or use the website and you must stop visiting or using it immediately.
Article 1 – Administration
The www.kdv-language.be website (referred to hereinafter as “Website”) is administered by KDV Language & Training VOF, which has its registered office at Bremberg 37, B-2370 Arendonk, registered in the register of legal persons of Antwerp, Division of Turnhout, under number 0827.454.639 and known to the VAT administrative services under number BE0827.454.639 (referred to hereinafter as “KDV”).
Article 2 – Your acceptance of these terms and conditions
Whenever you visit or use the Website, you and any persons whom you represent implicitly agree to these terms and conditions (referred to hereinafter as the “Terms and Conditions of Use”), accept them explicitly, without any reservation or any condition, and are bound by these provisions.
As a result of your visit to or use of the Website, an agreement thus arises between you and any persons whom you represent, on the one hand, and KDV, on the other hand. Within the context of these Terms and Conditions of Use, “person” refers to both natural persons and any entities with or without legal personality.
By visiting or using the Website, you also confirm that you are legally authorised to acknowledge and accept these Terms and Conditions of Use, in your own name and in the name of any persons whom you represent.
KDV is at all times entitled to change, add to or amend these Terms and Conditions of Use as it deems fit and for any reason whatsoever, without prior notification and without being required to provide any justification to you or the persons whom you represent. You may not add to, amend or correct these Terms and Conditions of Use in any respect whatsoever.
The latest version of these Terms and Conditions of Use applies whenever you use the Website. Therefore, you must inspect the date of the Terms and Conditions of Use (which is written at the top of the Terms and Conditions of Use) to check whether a new version is in force whenever you visit and/or use the Website.
Article 3 – Property right and authorised use of the Website
The Website and any information (text, illustrations, video and audio), images, logos, icons, software, design, applications, spreadsheets, models, data and other elements available on or via the Website are and remain the property of KDV. Your use of the Website does not give you any property right or other right to the Website or to its contents.
The Website may only be used in the ways and for the purposes explicitly outlined in these Terms and Conditions of Use.
The Website may only be used for legal purposes. You may only use the Website with commercially available SSL web browser software.
All or part of the content of the Website can be copied, reproduced, republished, downloaded, sent, transmitted, indexed, catalogued and distributed in any way which benefits the awareness of the Website and KDV positively, including through social networks, to the extent that any display includes a clear source reference to www.kdv-language.be, subject to the fact that KDV retains the option of putting a stop to this at any moment.
You are granted the right to use the content of the Website on condition that you do not change the content, that you leave any mention of copyright, trademark and other property intact and that you agree to all terms and conditions, provisions and notifications accompanying the content or stated on the Website in any other manner.
Failure to fulfil the terms and conditions, provisions and notifications on the Website and/or any abuse automatically result in the termination of any rights which you have been granted, without prior notification. In that case, you must immediately destroy any copies or reproductions of downloaded materials which you have in your possession or under your authority. You shall provide proof of such destruction whenever KDV so requests. KDV does not grant you any express or implied rights under any patent right, trademark right or copyright or any other (intellectual) property right, except for the limited permission to use the content of the website.
Article 4 – Links to other sites
The Website may contain hyperlinks to third parties’ content or to Websites managed by third parties. KDV is not responsible for the quality and accuracy of such content. Neither can KDV be regarded as a body which approves, publishes or permits such websites or such content in general. The administrators of such websites are the only parties responsible for compliance with the applicable legislation and regulations.
Article 6 – Disclaimer, exclusion and limitation of liability, waiver of right and indemnification
KDV is not liable for the content and the use of the Website. That is why the following provisions apply.
Information on the Website
KDV does not guarantee that the information on the Website is accurate, up to date or complete. The information on this Website may contain technical inaccuracies and typing errors. KDV accepts no responsibility whatsoever (and explicitly excludes the responsibility) for maintaining the Website in such a manner that the information is up to date at all times or that the information posted on the Website is accurate or comprehensive. Therefore, you must check the accuracy and comprehensiveness of all of the information posted on the Website before making any decision regarding any service, product or other matter, regardless of whether it is otherwise offered on this Website.
KDV does not guarantee that it will solve any problem reported, even if KDV provides information with a view to solving the problem.
Users use this Website entirely at their own risk.
The Website is made available to you as is, without any explicit or implicit guarantees of any nature whatsoever. Where and when possible under applicable law, KDV and any other persons and/or companies associated with KDV exclude any responsibility for any one of the following non-exhaustive list: offers, guarantees, conditions, warranties of non-infringement, marketability, fitness for a particular purpose, performance, durability, availability, accuracy or completeness of the Website. Under no circumstances does the use of a certain working method, certain trade practices or a common practice create any guarantees or special terms and conditions.
The Internet is not a secure medium, can become unavailable or be subject to (in)voluntary breaches of security and privacy. The availability of the Website can be affected by numerous factors beyond KDV’s control. It may be that the Website is not continuously securely or privately available.
KDV and any other persons and/or companies associated with KDV are not liable towards you or any other person for any loss or damage which you or any other person [may] suffer as a result of any failure or refusal on the part of KDV to respond to a message sent to KDV via the Website or by email, or for KDV not receiving, processing or accepting such messages or for doing so late, or for [any] loss or damage suffered due to operational failures, malfunctions, interruptions, changes, adaptations or deletions on or from the Website and/or the email services.
Without any restriction to the above, KDV and any other persons and/or companies associated with KDV do not guarantee that:
(a) the Website is compatible with your computer, peripheral equipment and software;
(b) the Website will be available, will work without interruption, will be free of mistakes or that any mistakes will be corrected;
(c) the Website will meet your needs;
(d) any information that is on the Website or can be obtained via de Website is or will be accurate, complete, in the correct order or available in good time;
(e) it will be possible to obtain some or certain results through the Website;
(f) the use of the Website – including browsing and downloading information – will be free of viruses, “Trojan horses”, “worms” and/or other destructive or damaging elements; or
(g) the use of the Website does not conflict with the rights (including the intellectual property rights) of any individual.
KDV, its suppliers and any other companies associated with KDV disclaim any liability for such matters in the broadest sense under applicable law.
Exclusion of liability
KDV and any other persons and/or companies associated with KDV shall in no case whatsoever (except for serious errors and fraud) be liable towards you or any other person for loss of use, loss of production, loss of income or loss of profits (real or estimated), loss of markets, economic loss, special, incidental, direct or indirect loss or damage, either on the grounds of contractual or non-contractual liability or based on any other legal grounds arising from, connected to or relating to the use of the Website by you or any other person, regardless of any negligence, mistakes or breaches on the part of KDV and any other persons and/or companies associated with KDV and regardless of whether KDV and any persons and/or companies associated with KDV were informed of the possibility that you or any other person could suffer such loss or damage.
Waiver of right
You hereby waive any rights, claims, complaints, demands, causes of action, proceedings, liability claims, obligations, legal fines, costs and compensations of any nature whatsoever and arising in whatever manner, whether known or unknown, and which, now or later, result from, relate to or are connected to your use of the Website and vis-à-vis KDV, its partners, agents, managers, officers, employees, information providers, service providers, suppliers, subcontractors, licensors or licensees and/or any other involved or associated persons.
You shall defend and indemnify KDV, its partners, directors, managers, officers, employees, information providers, service providers, suppliers, subcontractors, licensors or licensees and/or any other involved or associated persons (jointly referred to as the “Indemnified Parties”) with regard to any of the following non-exhaustive list: liabilities, expenses and costs, including any reasonable legal costs and expenses, which the Indemnified Parties incur within the context of any claims for damages or demands arising from or connected to your use of the Website.
You shall cooperate, in good faith, with the Indemnified Parties in defending any claims or demands. You shall provide your full cooperation in requests for advice and information which the Indemnified Parties must provide orally or in writing.
Article 7 – Termination of your right of use and the Website
You may no longer use the Website if these Terms and Conditions of Use are breached.
KDV may, at any point in time and as it deems fit:
(a) change, suspend or terminate, temporarily or permanently, all or any part of the Website;
(b) restrict, suspend or terminate your permission to access or use the Website, without any notice to or indemnification for you or any other person.
If you, any person whom you represent or KDV terminates your use of the Website, then:
(a) this agreement and all other agreements existing at that point in time between KDV and you and/or any person whom you represent, shall continue to exist; and
Article 8 – General provisions
If any of the provisions of these Terms and Conditions of Use is, are, become or becomes entirely or partly null and void, this shall not affect the validity of the other provisions.
These Terms and Conditions of Use are exclusively governed by and must be interpreted in accordance with Belgian law. In the case of disputes, the Courts of the Judicial District where KDV has its registered office have jurisdiction.