Terms and Conditions
Last modified: Jan 1, 2021 (All versions)
Welcome to the Our City App website(www.ourcityapps.com and sites that link to the mentioned site) (the "Website") or Our City App mobile application (the "App"). The Website and the App are available to you after your unconditional acceptance of all terms and conditions referred to the Website or through the App, including (but not limited to) the Privacy Statement, collectively named "the Agreement". Please read this Agreement carefully as it contains the legally binding terms and conditions for your use of the Website, the App and the services, content, applications and widgets available on or through the Website or otherwise provided by Fairville NV, including through the App (collectively, the "Services"). For the purposes of the Agreement, references to the Website contain references to the App and references to Services include services made available by Fairville NV, regardless of whether this is done via the Website, the App or otherwise.
The terms"Fairville","we", "us", "our" refer to Fairville NV, a company incorporated under Belgian law, established at Steenweg Deinze 154, 9810 Nazareth, Belgium, VAT-BE- 0756.963.452. The term "you" refers to the user who visits the Website and/or registers on the Website and/or visits or uses the Services.
1. Your unconditional consent
By accessing or using the Website or the Services, or by registering on the Website, you unconditionally agree to be bound by the Agreement.
If you do not agree with (any part of) the Agreement, please do not use either the Website or the Services.
Please be sure to return to this page regularly to review the most recent version of the Agreement. We reserve the right to change or otherwise modify the Agreement at any time, in our sole discretion, and your continued use of the Website and/or Services constitutes your acceptance of the updated or amended Agreement.
2. Your membership and registration
You may browse the Website and view its content without registering, but as a condition of using certain aspects of the Services, you must register with Fairville.
By registering on our Website and as a condition of using the Services, you warrant that (i) you will provide current, complete, accurate and true information, (ii) if you have a Website account, you will protect your account information and monitor the use of your account by anyone other than yourself, and (iii) that you are legally authorized to register for an account and use the Services. You agree to keep your contact information accurate and up-to-date.
Under no circumstances will you:
- provide false personal information, create an account on behalf of someone other than yourself, or impersonate another person when creating an account;
- use an individual's personal information (e.g., name, photo), ID, or password without that person's consent, or use the Website or the Services while you are pretending to be another person;
Without prejudice to any other remedies or sanctions available to us, Fairville is free to cancel or suspend your account at any time in its sole discretion, without justification or prior warning and without liability of Fairville.
3. Security of your Account
You are solely responsible for the consequences of using the Website and the Services.
You are solely responsible for protecting your account information (including any passwords or access codes you use to access or use the Services) and for any activity or actions of anyone using your account. You won't share your passwords or passcodes, don't let anyone else open your account unattended, or do anything else that could compromise the security of your account.
You must immediately notify Fairville of any breach of security or unauthorized use of your account. While Fairville will not be liable for any damages you or anyone else may cause by unauthorized use of your account, you will be liable for all damages and losses suffered by Fairville or any third party as a result of such unauthorized use and you shall fully indemnify Fairville in this regard.
4. Your use of the website and the services
To the extent you comply with this Agreement, Fairville hereby grants you permission to use the Website and the Services, provided that:
- you use the Website and the Services solely for your personal and non-commercial use, except as expressly permitted otherwise by Fairville;
- you do not use the Website or the Services in an irregular manner or for unlawful purposes;
- you use the Website and the Services at all times in strict accordance with the Agreement and applicable law;
- you use the Website and the Services as a normal, careful and reasonable person;
- you will not access any content or information from the Website, nor copy any content or information from the Website, using any robot, spider, scraper or other automated means or any manual process for any purpose whatsoever without our express written consent;
- you do not take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, and you do not engage in any activity that could interfere with our servers and networks;
- you do not publish or link any harmful content that is intended to damage or disrupt another user's browser or computer or to endanger a user's privacy;
- you do not create serial accounts for disruptive or offensive purposes. The creation of mass accounts for the purposes mentioned above, or resulting in the purposes mentioned above (or any other breach of the Agreement) may result in the suspension of all related accounts;
- you do not use the Services for spamming (i.e. sending unsolicited bulk messages). What constitutes spamming is determined by Fairville in its sole discretion;
- you do not hack Fairville or the account of other users;
- you do not engage in squatting usernames (i.e. the registration in bad faith of a legal name other than yours, or of a name that is otherwise commonly used to identify a person (e.g. nicknames), other than yourself, as a username). Fairville determines in its sole discretion which actions it believes constitute the squatting of users;
- you do not deep-link to any part of the website for any purpose without our express written consent, nor in any way include any part of the website in another website without our prior written consent;
- you do not duplicate, transmit, release, copy or distribute any part of the Website or Services in any medium without Fairville's prior written consent;
- to the extent permitted by applicable law and unless expressly agreed otherwise with Fairville, you will not "reverse engineer" the software or communication protocol underlying the Website or Services, nor write software that imitates (or permits to imitate) the communication protocol or interfaces with the servers, nor will you create derivative works from any part of the Website, translate, modify, decompile, disassemble or otherwise create the Services and/or the underlying software or communication protocol;
Accounts involved in any of these actions (or any other violation of the Agreement) may be investigated for abuse. Without prejudice to any other remedies or sanctions available to us, Fairville is free to cancel or suspend your account at any time in its sole discretion, without justification or prior warning and without liability of Fairville.
The Services offered by Fairville are constantly evolving and the form and nature of the Services offered by Fairville may change from time to time without notice. In addition, Fairville may terminate the Website or (permanently or temporarily) terminate the Services or any feature within the Services to you or to users generally without prior notice, in its sole discretion and without liability.Fairville also reserves the right to impose usage and storage limits at any time and without prior notice in its sole discretion.
Fairville's Services are free of charge to the extent expressly indicated on the Website and subject to the restrictions that may be stated on the Website or otherwise reported by Fairville. Service Users are subject to the "Service User Terms" set forth below, in addition to the other terms and conditions of the Agreement.
5. Your Content
For the purposes of the Agreement, "Content" means any information, text, graphics, photographs or other material, including any feedback, comments, suggestions or ideas contained in such material, added, created, uploaded, submitted, distributed, posted or otherwise made available on the Website or otherwise to Fairville,by users of the Website and the Services, including yourself.
Fairville assumes no responsibility and assumes no liability with respect to Any Content provided by you. If you do not agree to the related terms and conditions set forth in the Agreement, you will not provide us with any Content. You are solely responsible for the Content you provide and for obtaining the necessary authorizations to make the Content available through the Website or otherwise to Fairville and to use such Content by Fairville as set forth herein. You are solely responsible for the consequences of fairville's use of your content, other users and our third party partners. You must ensure that any Content that you post or transmit or otherwise make available through the Services strictly complies with the terms of the Agreement. Only display content that you can share with others, because your content can be viewed by others. You agree not to share any content that is confidential and/or proprietary without obtaining the required authorizations and you acknowledge and agree that the content you provide will be considered non-confidential.
You warrant that you have obtained the necessary authorizations to make any Content available and have it used by us for the purposes set forth herein. You also warrant that the Content you make available is in accordance with the requirements set forth in the Agreement, and you acknowledge and agree that we have no obligation to monitor compliance with the Content you make available. We cannot be held responsible or liable to you, including with respect to third party claims against you, based on Content made available by you. You agree to notify us immediately email@example.com after you become aware that any of the warranties contained herein are not or no longer true.
In any event, you are prohibited (without limitation) from making available on the Website or in any other way through the Services any content that (i) contains unlawful, threatening, harassing, libelous, defamatory, defamatory, abusive, hateful, offensive, obscene or pornographic material or any other material or content that may embarrass any person or entity or that violates publicity and/or privacy rights or that might otherwise violate applicable law. den; (ii) infringes copyrights, database rights, trademarks, patent rights or other proprietary rights of third parties; we ask that you please refer to sources or cite sources and refrain from plagiarism; (iii) that constitutes, encourages or provides an instruction for a criminal offense, violates the rights of any party or would otherwise create liability or violate any local, national or international law; (iv) private information of a third party, including, but not limited to, last name, addresses, telephone numbers, email addresses, Social Security numbers and credit card numbers; contains; or (v) contains viruses, corrupted data or other harmful, disruptive or destructive files, including by posting Content that causes pop-ups or attempts to install software, or otherwise has an impact on the Website, the Services and/or its users with malicious code.
Fairville assumes no responsibility and assumes no liability for any Content made available by you or any third party or for any loss or damage thereof, nor does Fairville accept any liability for errors, defamation, defamation, defamation, omissions,li>es, obscenity, pornography or profanity that you may encounter in the Content.Fairville makes no warranties or representations as to the validity, completeness, truthfulness, accuracy, reliability or legal status of any Content. Your use of the Website and the Services is at your own risk. As a provider of interactive services, Fairville acts only as an intermediary, a repository of the content, and is not liable for statements, images or content provided by users in any public forum or other interactive area. Although Fairville has no obligation to screen, edit or monitor the Content posted on or distributed through any interactive area, Fairville reserves the right and has absolute discretion to remove, screen or edit content posted on the Website or otherwise through the Services at any time and for any reason, without notice, and you are solely responsible for making backup copies of Any Content that you post or store on the Website or otherwise through the Services at your own expense and expense.
All user opinions submitted on the Website or otherwise through the Services represent the opinion of the individual users and do not represent, nor can they be considered as representing, Fairville's opinion, recommendation or endorsement.
While we expect you to pay due attention to the privacy of others and to topics that may be considered offensive or inflammatory (e.g., politics, religion), Fairville will determine in its sole discretion which Content is appropriate with respect to the Website and the Services. Without prejudice to any other remedies and sanctions available to us, Fairville reserves the right at any time, in its sole discretion, without justification and without liability, to:
(i) remove, suspend, block, edit or modify any Content without notice to you;
(ii) access, read, retain, copy and disclose the Content as Fairville deems necessary to (i) comply with any applicable laws, regulations, legal process, governmental requests, courts or legal order, (ii) enforce the Agreement, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights and property of Fairville or a third party and ensure the security of the Website, the Services and their users.
6. Fairville's Use of Content
By making Content available on the Website or through the Services, you grant Fairville a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, sublicensable, transferable and assignable license to (i) process, adapt, transmit, distribute, (publicly) display and perform the Content through the Website (including without limitation for the promotion and distribution of our Services), and (ii) use the name you submit in connection with such Content.
You acknowledge and agree that Fairville may freely modify your Content to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content necessary to adapt that Content to any requirements and restrictions of all networks, devices, services or media, or otherwise.
7. Intellectual property rights
The Website, the Services and the information they contain are provided to you free of charge, solely for your personal and non-commercial use (except where Fairville expressly permits otherwise). All information offered by Fairville on the Website is provided for information purposes only.
All right, title and interest in the Website and the Services, including all intellectual and industrial property rights (e.g. copyrights and database rights (non-exhaustive list)), are and remain the exclusive property of Fairville.
All right, title and interest in the content of the Website and the Services (with the exception of the Content covered by Section 6 (Use of the FairvilleContent)), including intellectual and industrial property rights, are and shall remain the exclusive property of Fairville or its licensors (if any).
Fairville owns all right, title and interest, including all intellectual and industrial property rights, in Fairville's trademarks, trade names, company name, service marks, logos, and domain names (and its products and services).
Nothing in the Agreement shall be construed as, nor shall your use of the Website or the Services result in, express or implied, any license or right in the Website, the Services or its content (other than the Content controlled by Section 6 (use of the Content by Fairville),except for the limited user rights set forth herein. The Website, the Services and their content may not be reproduced or distributed in any way, in whole or in part, without the express prior consent of Fairville,except that you may reproduce such material for your purely personal, non-commercial use, provided that you do not modify such materials in any way, that you refer to the Website as the source of the material and that you make all communications on all copies of keeps the material intact.
Any software made available for download through the Website (the "Software") is the copyrighted work of Fairville or its licensors. Your use of such Software is governed by the terms of the end user license agreement, if any, that is included with or included with the Software (the "License Agreement"). You may not install or use any Software that contains a license Agreement unless you first agree to the terms of the license Agreement. For any software available for download on the Website that is not accompanied by a license agreement, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to use this software to the extent necessary to view and otherwise use the Website and the Services in accordance with the Agreement. Except for the limited user rights expressly stated herein, you will not be granted any rights to the Software. Please note that all software, including but not limited to all HTML code and Active X controls on the Website, is owned by Fairville or its licensors and may be protected by intellectual property rights. Any reproduction or redistribution of the Software is expressly prohibited and may result in serious civil and criminal penalties, including fines. Without limiting the foregoing, copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited. If any warranty is given regarding the Software, it will be limited to what is stipulated in the license Agreement.
You agree that any software or materials made available by Fairville hereunder that are subject to an open source license ("Open Source Software") are and will remain subject to the terms and conditions of the original providers. Open Source software licenses for components of the Services issued under an open source license constitute separate written agreements. To the extent that the Open Source Software licenses violate the terms of the Agreement, the Open Source Software license will govern your agreement with Fairville below for the specific included Open Source Software components of the Services.
Fairville reserves all rights not expressly granted on and for the Website, the Services and their Content.
For questions or requests regarding the reproduction of any part of the Website, the Services or their Content, please contact firstname.lastname@example.org If you become aware of any violation of our rights on the Website or the Services or of our brand, please let us know by sending us an email at the email address above. If you believe in good faith that material hosted by us infringes your (intellectual or industrial) property rights, please visit the Intellectual Property Infringement Policy (specified below) and follow the instructions set out therein.
8. IPR Complaint Infringement Policy
This Intellectual Property Infringement Policy (the "IPR Complaint Infringement Policy") is an integral part of the Agreement.
(i) Notification of infringement
If you have a good faith opinion that the Website, the Services or Content hosted by us infringes your intellectual property rights ("IPR"), please provide the written information requested below. The procedure described below should only be used to notify Fairville that your IPR has been breached.
Enter the following information in the following format:
1. A clear identification of the copyrighted work or other intellectual property that you claim has been infringed.
2. A clear identification of the material that you claim infringes the copyrighted work or other intellectual property, and information that will allow us to find that material on the Website, the Services or the Content, such as a link to the infringing material.
3. Your contact details so that we can respond to your complaint, preferably including an email address and telephone number.
4. Include the following statement: "I sincerely believe that the material claimed as an IPR infringement is not authorized by the owner of the IPR, its representative or the law."
5. Include the following statement: "I hereby confirm, in good faith, that the information in this notice is accurate and that I am the owner of the intellectual property rights of or authorized to act on behalf of the owner of the intellectual property rights with respect to an exclusive right that is allegedly infringed."
6. The notification shall be signed by the person authorised to act on behalf of the owner of an exclusive right allegedly infringed.
Notices of claims of IPR infringement in accordance with this IPR Complaint Infringement Policy should be emailed to email@example.com with the message "Breach Notices" in the header of the email.
We recommend that you consult your legal counsel before submitting a notice or counterclaim. Please also note that we may hold you liable for damages and costs (including legal fees and attorneys' fees) that we have suffered or incurred as a result of you making a false claim for infringement of intellectual property rights.
We will review and handle all notices that meet the requirements set forth above.
(ii) Repeated breach policies
Fairville maintains a policy of termination, in Fairville's sole discretion, of users or account owners who are considered repeat offenders.Fairville may also, in its sole discretion, restrict access to the Website and/or suspend or terminate the accounts of users who infringe the intellectual property rights of any third party, whether or not there is repetition.
9. Privacy Statement
For information about Fairville's handling of personal data, you should read the current Fairville PrivacyStatement: FairvillePrivacy Statement, which forms an integral part of thisAgreement; your acceptance of this Agreement constitutes your acceptance and consent to be bound by Fairville's Privacy Statement.
10. Warranty provision
Except to the extent required under applicable law, Fairville does not accept any fiduciary obligations to you. Your registration on, and use of, the Website and the Services are at your own risk.
The Website and Services are made available to you "as is" and "as available", without warranty of any kind, for your information and personal use (except to the extent otherwise expressly permitted by Fairville). To the extent permitted by applicable law, Fairville,its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website, the Services and their Content, and your use thereof.Fairville makes no warranties or representations as to the accuracy, timeliness, availability, suitability or completeness of the content available on the Site and through the Services, and to the maximum extent permitted under applicable law, Fairville disclaims all warranties that the Website and Services are free of viruses or other harmful components, nor does Fairville provide any implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement.Fairville makes no warranty whatsoever (i) that the Website and Services will meet your requirements or expectations, (ii) that the Website and Services will be available on an uninterrupted, timely, secure or error-free basis, (iii) that the results that may be obtained from the use of the Website and Services are accurate and reliable, and (iv) with respect to the quality of the Website and the Services. In particular (without being exhaustive), Fairville assumes no liability or responsibility for any:
- errors, mistakes or inaccuracies of the content (including Content),
- personal injury or damage to property, of any kind, resulting from your access to and use of our Website and Services,
- unauthorized access to or use of our servers and/or content, including Content, personal information and/or financial information, stored therein;
- any interruption or cessation of transmission to or from our Website or Services,
- any bugs, viruses, Trojan horses and the like that may be transmitted to or through our Website or Services through actions of a third party, including users, and/or
- any errors or omissions in any content or for loss or damage of any kind incurred as a result of the use of any content, including Content.
Fairville does not warrant, endorse, advise, warrant or assume any responsibility for any products or services advertised or offered by any third party through the Website, the Services or any hyperlinked website or which are mentioned in any user submission or other advertisements, and Fairville will not be a party or in any way responsible for monitoring any transaction between you and p's third party suppliers. products or services.
The above disclaimer does not affect legal rights that cannot be excluded under applicable law.
11. limitation of liability
To the maximum extent permitted by applicable law, Fairville hereby excludes its liability and that of its affiliates, directors, employees and agents to you and third parties for all direct, indirect, incidental, special, punitive, or consequential damages of any kind resulting from (your access to and use of) the Website, the Services and their content (including the Content), including (without limitation) loss of data, loss of revenue or profit, loss of anticipated savings and/or reputational damage.
In particular, Fairville does not accept any liability arising from (without being exhaustive):
- errors, mistakes or inaccuracies of the content (including Content),
- personal injury or property damage, of any kind, arising from your access to and use of our Website and/or Services,
- unauthorized access to or use of our secure servers and/or any content (including Content), personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from our Website or Servers,
- any bugs, viruses, Trojan horses and the like, which may be transmitted to or through our Website and Services by a third party (including users), and/or
- any errors or omissions in content or for any loss or damage of any kind incurred as a result of your use of any content (including content).
- generally your access to, display and submission of Content, your reliance on or use of the Website or the Services, or as a result of the delay or inability to access, display or transmit Any Content on or use of the Website or the Services.
You agree to defend, indefensive and retain Fairville,its affiliates, officers, directors, employees and agents, at Fairville's first request, from and against any and all claims, damages, liabilities, losses, liabilities, costs or debts, fines, fines and expenses (including but not limited to attorneys' fees) arising out of: (i) your use of and access to the Website or Services in violation of t the Agreement; (ii) your violation of applicable law or any term of the Agreement; (iii) your violation of any third party right, including but not limited to copyright, property or privacy rights; or (iv) any claim that the Content you have posted has caused damage to a third party. This obligation to defend and indemnify will survive the Agreement and your use of the Services. Fairville reserves the right to accept the exclusive defense and control of all matters for which you are exempt hereunder, in which case you will assist and cooperate with Fairville in defending all available defenses, at your expense.
13. Terms and Conditions for Professional Users
The present section contains the specific terms that apply to Professional Users that are an integral part of the Agreement if you are a Professional User (as defined herein).
"Professional Use" means (and "Professional User" should be construed accordingly) use of the Services (including tools and applications developed by Fairville itself that may be licensed to the Professional User) for communicating with third parties other than for personal use, and/or providing services to third parties (whether or not such services are charged by the Professional User).
This Professional User may be subject to a separate agreement entered into between the Professional User and Fairville ("the Contract"), online or otherwise, at Fairville's option. In the event of any conflict between these General Terms and Conditions and the Contract, the latter shall prevail.
You may request Fairville to receive a free trial of the use of the Services. Such free trials must be requested online, on the Website, using the forms provided for this purpose. If granted by Fairville,such free trial will be confirmed by email and the details and modalities of the free trial will be set forth (for example, the duration of the free trial period, the number of users allowed). Such free trials are subject to the following additional terms and conditions, which form an integral part of the Agreement:
(i) Any such free trial period granted by Fairville shall consist of a limited, personal, non-exclusive, revocable, non-transferable, non-assignable license, without the right to sublicense, to use the Services for Professional Use, subject to the terms and conditions set forth in the Agreement ("the license"). The scope of the license is so expressly granted and there are no implied licenses or licenses granted by waiver, estoppel or otherwise under the agreement.
(ii) You may not transfer, assign or sublicense the license, in whole or in part, without Fairville's express written consent. Any such transfer, transfer or sublicense without Fairville's written consent shall be void and void.
(iii) You undertake to keep accurate business records of your Professional Use of the Services for as long as you are entitled to use them under the terms of the Agreement. You will retain this information for at least three years after termination of your right to use the Services (or a longer period required by applicable law). You will provide Fairville with such information and documentation about your use of the Services as reasonably requested by Fairville. You acknowledge and agree that Fairville may control your use of the Services.Fairville and/or its agents may audit your use of the Services (including by conducting on-site inspections) upon reasonable notice (except where such notice would defeat the purpose of the audit), during normal business hours. If such inspection, or a check as described above, demonstrates that you acted in breach of the Agreement, you shall, without prejudice to all other rights and remedies available to Fairville,immediately take such actions as reasonably requested by Fairville. The parties shall each bear their own costs in connection with such revisions and inspections, provided that in the event of a breach committed by you, as determined by such evaluation or inspection, all costs associated with such control and inspection shall be borne by you, without prejudice to any other rights and remedies available to Fairville hereunder.
(iv) In addition to the provisions of these General Terms and Conditions, the following provisions apply:
- You are fully responsible for your activities in relation to the Services and for your users' use of the Services made available by and through you.
- You will fully comply with the Agreement and you will ensure that your users fully comply with the Agreement to the extent applicable to them.
- You must fully comply with all applicable laws and regulations and are solely responsible for obtaining all necessary permits and authorizations required to conduct your business in accordance with the license.
- You allow your users to easily remove or disconnect the Services you have made available through Fairville's own application and must obtain all required consent from your users, as required by applicable law.
- We will grant you all rights necessary to use the Services, except as expressly provided or communicated otherwise. All rights granted by Fairville are limited, personal, non-exclusive, revocable, non-assignable, non-transferable user rights, without the right to sublicense, and except for the limited user rights granted to you under the Agreement, Fairville retains all right, title and interest in the Services and its own tools and applications.
- You may not sell, transfer or sublicense our code, APIs or tools to anyone, nor any of the foregoing objections. You may not share your API or SIK key with any third party.
- We do not guarantee that the Services will always be available or fully functional.
- You may use your name and logo and customize the background of the Services, subject to the terms and limitations set forth in these Terms and Conditions. You may not violate any third party rights (for example, (without exhaustive) copyrights and database rights) or otherwise engage in unfair trade practices or unfair competition as a result of the such modification of the Services, and you will indemnify and hold Fairville harmless herein. respect full damages at Fairville's first request.
- You will keep the Services spam-free and will not commit spamming yourself. You will indemnify and hold Fairville harmless in this regard on the basis of full compensation at Fairville's first request.
- Fairville (and its licensors, if any) own all right, property and interest, including all intellectual and industrial property rights (applications) and the right to request registration of such rights, in any changes, additions or improvements to and in derivatives of the Services, whether developed by or on behalf of Fairville or by you or on your behalf.
- You will make every effort to ensure satisfactory transactions with your users and you will refrain from any acts or omissions that could adversely affect the Services, Fairville and/or its reputation.
- In the event of a (suspected) breach of any of your obligations hereunder, without prejudice to the other rights and remedies available to Fairville,Fairville shall have the right, in its sole discretion, to suspend or terminate the license without Fairville's liability.
- You will indemnify Fairville,at full indemnification and at Fairville's first request, against all damages, losses, costs (including legal fees and attorneys' fees) and liabilities that Fairville suffers and incurs, including as a result of any third party claim, resulting from a breach by you or your users of the terms set forth in the Agreement. This obligation to defend and indemnity remains in effect on the Agreement and your use of the Services below. Fairville reserves the right to accept the exclusive defense, control and settlement of all matters for which you are exempt hereunder, in which case you will assist and cooperate with Fairville in defending all available defenses, at your expense.
For the purposes of Article 28 of Regulation (EU) 2016/679 (General Data Protection Regulation), the terms of this Agreement constitute the data processing contract between the Professional User as 'data controller' and Fairville as the 'processor'. The Professional User hereby instructsFairville to process the data as described in the terms of this Agreement.
By agreeing to this Agreement, as a Professional User, you grant Fairville a general authorization within the meaning of Article 28(2) of Regulation (EU) 2016/679 to engage sub-processors to provide the Services.Fairville will notify the Professional User of any changes to such processors in accordance with the procedure for modifying this Agreement as provided for in Section 20 of this Agreement.
For ali>st of processors, please refer to Fairville's Privacy Statement.
Fairville provides the platform where the Professional User, as data controller, can collect, store, organize, transfer and communicate personal data of data subjects (as determined by the data controller). The Website (including the App) is designed to operate as a mobile communication platform. To the extent not governed by the terms of this Agreement, professional users determine how they use the Website.
Fairville will process data on behalf of the Professional User until the termination of the Services in accordance with the terms of this Agreement. Upon termination, Fairville will delete all data of the Professional User, including Personal Data and existing copies, unless otherwise required under applicable law.
Fairville ensures that persons authorized to process the Personal Data have committed to confidentiality or have an appropriate legal obligation to confidentiality.Fairville shall take all measures required under Article 32 of Regulation (EU) 2016/679.Fairville undertakes to provide the data controller with all information necessary to demonstrate that they comply with their obligations and to allow and contribute to audits, including inspections carried out or mandated by the Professional User as data controller.
In the event of (alleged) breach of any of your obligations hereunder, without prejudice to the other rights and remedies available to Fairville,Fairville shall have the right, in its sole discretion, to suspend or terminate your Contract, without liability of Fairville. Upon termination of the Contract, you must promptly return or destroy to Fairville, at your option and expense, any material made available by Fairville in connection with the Use of the Service. You must indemnifies Fairville, in full and at Fairville's first request, against all damages, losses, costs (including legal fees and attorneys' fees) and liabilities suffered and incurred by Fairville,including as a result of a third-party claim, resulting from a breach by you or your users of the terms set forth in the Agreement. This defense and damages obligation remains in effect on the Agreement and your Service Use below. Fairville reserves the right to accept the exclusive defense and control of all matters for which you are exempt below. In that case, you will assist and cooperate with Fairville in defending all available defenses, at your expense.
The Agreement and all obligations, rights and licenses granted hereunder may not be transferred by you, but may be transferred by Fairville without limitation.
15. Suspension of Services
Without prejudice to the other rights and remedies available to Fairville, Fairville shall have the right, in the event of a breach of any of your obligations under the Agreement, to limit or deny access to your account temporarily or permanently and without any right, without any compensation or liability on the part of Fairville.
16. Termination of the agreement
Fairville may discontinue the Website or the Services in whole or in part or terminate your access to the Website or the Services at any time, with or without cause, with or without notice, with immediate effect or otherwise, which may result in the forfeiture and destruction of all information in connection with your membership. If you wish to deactivate/terminate your account, please send an email to firstname.lastname@example.org explicitly asking to deactivate your account. This request must be accompanied by a signed copy of an official means of identification (e.g. identity card or passport). All provisions of the Agreement that are expressly or by their nature intended to survive termination shall survive termination, including, but not limited to, the provisions relating to intellectual property rights, warranty claims, indemnifications and limitations of liability.
17. Applicable law and jurisdiction
The Agreement is exclusively governed by and interpreted in accordance with Belgian law, to the exclusion of its principles of Private International Law. Any dispute in connection with or arising from the Agreement will be finally settled by the competent courts of Ghent, Belgium.
You agree to bring any claim arising out of or relating to the Website, the Services or this Agreement, to the extent permitted hereunder or under mandatory applicable law, within one (1) year from the date on which the cause of action arose, failing which such claim or cause for action shall finally lapse.
18. Entire Agreement and Severability
The Agreement constitutes the entire agreement between you and Fairville with respect to the Website and the Services. If any provision of the Agreement is declared invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. You acknowledge and agree that a printed copy of the Agreement and any notice in electronic or written form in judicial or administrative proceedings relating to the Agreement shall be admissible to the same extent as other business documents and documents originally generated and maintained in printed form.
No waiver by Fairville of any term of the Agreement shall be deemed a further or continuing waiver of such term or other condition, and Fairville's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.
Fairville reserves the right to change the Agreement at any time. We therefore encourage you to regularly check the Agreement for any changes. Your access to the Website and/or use of the Services after any modification of the Agreement means that you agree to the revised terms.
Fairville shall not be liable for any failure to perform its obligations under these Terms and Conditions, to the extent such failure is the result of any cause beyond Fairville's reasonable control, including, but not limited to, mechanical or electronic failures or deterioration of communications (including "line noise" interference). No agency, partnership, joint venture or employment relationship is created as a result of the Agreement or your visit to the Website and/or use of the Services
When Fairville makes available a translation of the English version of the Agreement, you agree that the translation is provided for information purposes only and that the English language versions of the Agreement govern your relationship with Fairville and that, in the event of any conflict or discrepancy between the English language version of the Agreement and a translation, the English version takes precedence.
You may contact Fairville at email@example.com, except where specific contact information is provided in the Agreement regarding specific matters, in which case such contact information shall be used.