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Algemene voorwaarden

1. Principles

  • 1.1 Use of the website www.deltrian.com of the company DELTRIAN is subject to prior acceptance of the conditions provided below.
  • 1.2 These terms of use (below the “Terms”) govern your use of the website www.deltrian.com, content (as text, data, information, software, images or photographs) that are made available by DELTRIAN and its subsidiaries (collectively “DELTRIAN”) on the website (collectively, the “Materials”) and the services (the “Services”) which may be provided by DELTRIAN through the website.
  • 1.3 The website www.deltrian.com, Materials and Services will be defined hereinafter as the “Website” or as www.deltrian.com.

2. General provisions

  • 2.1 DELTRIAN (Deltrian International S.A.), company registered under number BE0440.089.790, with headquarter located at Rue du Berlaimont, 21/A, 6220 Fleurus, Belgium (phone: 003271364030; mail: belgium@deltrian.com) is the owner of www.deltrian.com.
  • 2.2 It is strictly forbidden to use the Website for any other purpose, including for reuse on another website not owned by DELTRIAN or, in general, within any IT environment which does not belong to DELTRIAN.
  • 2.3 In addition, and in general, it is strictly forbidden to copy, reproduce, modify, publicly display, publicly perform, or distribute all or any parts of the Website.
  • 2.4 Any unauthorized use of the Website will be a breach of these Terms and may constitute an infringement of the copyright and trademark laws, as well as any other relevant law, such as laws on patents.
  • 2.5 DELTRIAN draw the attention of the user on the fact that the breach of laws on intellectual property (copyright, trademarks, patents …) is not only a civil fault that may expose the offender to pay damages to DELTRIAN, but is also considered in most OECD states, as a criminal offense.
  • 2.6 It is DELTRIAN’s standard policy to pursue those who violate its intellectual property.

3. Examples of expressly excluded uses

  • 3.1 The user undertakes not to use the Website (including any Materials or Services obtained from the Website):
    • 3.1.1 In a manner that violates any law or regulation, including international treaties. OR
    • 3.1.2 In a manner that would interfere in any way whatsoever with the normal functioning of the Website, servers or networks connected to the Website. OR
    • 3.1.3 To monitor, harass, cause harm to a third party or violate the rights of a third-party. OR
    • 3.1.4 To conceal his identity or to impersonate another person.
  • 3.2 The use of data mining tools, robots or other methods of extraction or collection of data on the Website is also prohibited, as well as any act of hacking, such as theft of password, content modification or unauthorized access to computer systems hosting the Website.

4. Personal data

  • 4.1 The user’s attention is drawn to the fact that during its use, DELTRIAN may collect personal information about him/her.
  • 4.2 The use by DELTRIAN of users’ personal data through the Website is governed by the Privacy Policy of DELTRIAN, which is an integral part of these Terms.

5. Termination

  • 5.1 Subject to section ‘DISCLAIMER AND LIMITATION OF LIABILITY’ below, DELTRIAN reserves the right to terminate, suspend or modify the user registration and access to all or part of the Website without prior notice, at any time, without giving any justification.
  • 5.2 The user may also stop using the Website at any time.
  • 5.3 In case of non-compliance with any of these Terms, DELTRIAN reserves the right to remove automatically access to the Website for the user which must immediately destroy any downloaded or printed Materials, and any copies thereof.

6. Disclaimer and limitation of liability

  • 6.1 The Website is made available for free, and “as is”. The user acknowledges being fully aware of this situation and declares that he/she fully accepts it.
  • 6.2 DELTRIAN disclaims all representations and warranties, including, without limitation, any express or implied warranty.
  • 6.3 Further, DELTRIAN does not warrant neither that the Website will meet the expectations of the user (who may choose to use any other equivalent website) nor that it will be available, up to date, secure and free from defects.
  • 6.4 DELTRIAN does not warrant that any defect will be necessarily corrected and provides no warranty as to the results obtained from the use of the Website. DELTRIAN also declines all liability with respect to the reliability of the Materials contained on the Website.
  • 6.5 Furthermore, should DELTRIAN be held liable despite the complete disclaimer and limitation of liability referred to in the preceding provision and its informed acceptance by the user, the following limitations of liability would apply:
    • 6.5.1 DELTRIAN can under no circumstances be liable for consequential damages resulting from a defect or fault in connection with the Website. DELTRIAN’s liability shall be restricted to repairing only foreseeable, direct, personal and certain damage suffered by the user, excluding repairing any indirect or immaterial damage, such as shortfalls, additional expenses, loss of profits, loss of customers, loss or deterioration of data, loss of contracts, damage to third parties, etc.
    • 6.5.2 In addition, the aggregate liability of DELTRIAN, for any reason whatsoever and for any damage, is expressly limited in any case to a lump sum of 100EUR.

7. Modification and/or interruption of the website

  • 7.1 DELTRIAN reserves the right to modify, suspend or terminate the Website at any time and without prior notification.

8. Links to third party websites and creation of links to the website

  • 8.1 Links contained on the Website and leading to third-party websites are offered only for information purposes and without any guarantee. DELTRIAN is not required to monitor the content of third-party websites and is not responsible for those websites. Access to third-party websites falls under the full and sole responsibility of the user.
  • 8.2 The user has the ability to create links to the Website provided that he/she complies at all times with these Terms and in particular with the conditions set out below:
  • 8.2.1 The user can establish a link to any Material (including DELTRIAN’s logo) but does not have the right to reproduce it.
  • 8.2.2 The user must not mislead third parties as to the nature of his relationship with DELTRIAN.
  • 8.2.3 The user should not suggest that DELTRIAN endorse his actions or the goods or services that may put at the disposal of others.
  • 8.2.4 Users must not provide false or misleading information concerning DELTRIAN, its Materials or Services.
  • 8.2.5 The user shall not include unpleasant or offensive content or content that would not be suitable for all ages.

9. Warranty from the user

  • 9.1 The user agrees to support, indemnify and hold harmless DELTRIAN against all losses or damages (including attorney’s fees) arising from any complain or claim filed against DELTRIAN arising from or in connection with a violation of these Terms by the user (or by a person using his account).

10. Miscellaneous

  • 10.1 These Terms constitute the complete, exclusive and final text of the agreement between DELTRIAN and the user relating to the use of the Website. Any alleged prior agreement cannot be opposed to DELTRIAN.
  • 10.2 These Terms and, in general, the relationship between DELTRIAN and the user shall be governed exclusively by law of the judicial district responsible for the registered office of DELTRIAN and any dispute about them is subject to the exclusive jurisdiction of the courts located in the judicial district responsible for the registered office of DELTRIAN.
  • 10.3 If DELTRIAN does not exercise any right or enforce any provision of these Terms, this could never be interpreted as a waiver of such right or provision.
  • 10.4 If any provision of these Terms should be declared invalid by a court of competent jurisdiction, the Parties expressly agree that this provision is replaced by a clause having valid effect and as close as possible to the original provision. The cancellation of one or more provisions of these Terms does not invalidate the other, which remain in force.
  • 10.5 The titles of articles contained herein are aimed at increasing the readability of the Terms and have no legal value.
  • 10.6 These Terms, as well as the rights and licenses granted hereunder thereof, if applicable, may not be transferred by the user and are strictly personal.
  • 10.7 DELTRIAN may modify these Terms at its sole discretion. DELTRIAN, however, will display a message on the changes made on the Website. If the user does not agree with these changes, the user may stop using the Websit. If the user continues to use the Website after the changes have been made, following the above notification, he/she is deemed to have accepted such changes.

LAST UPDATE DATE: JUNE 2023