TERMS OF USE

General Terms and Conditions of Use

The purpose of these General Terms and Conditions of Use is to define the procedures regarding the access and use of any service through “Registration” or “Subscription” (hereinafter "the Services"), whether free or on payment of a fee, offered to any Internet user (hereinafter "Customer"), by TwinPlace on its web site which is found at the following URL http://www.twinplace.eu.

By accessing the TwinPlace services, the Customer expressly accepts that these general terms and conditions apply to his relationship with TwinPlace.

Any correspondence should be addressed to TwinPlace, c/o IBF International Consulting, Avenue Louise 209A, 1050 Brussels. A full description of the services can be found on the website http://www.twinplace.eu.


Accessing the services

The rights to access and use the TwinPlace Services are personal and non-transferable rights.

In order to protect the databases from piracy and hacking, TwinPlace has set a limit of clicks to access the different services on a daily basis. These limits are high enough for a normal daily use of the Services.

By issuing a password and a login access code, TwinPlace thereby authorises the Customer to connect to its Services.

The connection right is exclusively linked to the Customer and may not be used by any other party. Should the Customer be a corporate entity, only its agents and employees are entitled to connect.

The Customers may only access the TwinPlace pay Services once the relevant payment has been made.

The Customer is entirely responsible for the use of the relevant personal identification codes.


Price

A distinction is made between Registration and Subcription.

With “Registration”, the Customer provides information, which is registered in the database and made available to other users. The “Registration” is free of charge.

With “Subscription”, the Customer is able to search, receive, preview and save information contained in the database. Prices vary, depending on the number of (sub)sectors and countries covered. See prices for subscription of organisations and professionals.

Prices are in Euro, exclusive of VAT for a 12-month subscription. TwinPlace reserves the right to modify its prices.

The Customer hereby undertakes to pay for the TwinPlace Services by credit card, by cheque or by bank transfer. The sum charged shall be the one established for the selected Services.

Customers based in Belgium are liable to pay 21% Belgian VAT (Value Added Tax) on top of the subscription price. Customers based outside Belgium but within the European Union will be exempted from VAT provided they can present a valid VAT number. Customers within the European Union who do not dispose of a valid VAT number will be liable to pay 21% Belgian VAT on the quoted subscription price. Customers who are based outside the European Union will be exempted to pay 21% Belgian VAT.

All payments to be made shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If a Customer is compelled to make any such deduction, it will pay to TwinPlace such additional amounts as are necessary to ensure receipt by TwinPlace of the full amount which TwinPlace would have received but for the deduction.


Liability

The Customer hereby acknowledges that he is solely liable for the usage he makes of the Services. TwinPlace may therefore not be held legally responsible, either from an express or tacit obligation, towards the Customer for any indirect or direct damages resulting from the use of the Services.

The registered Customer hereby undertakes to regularly update the information that concerns him.

The Customer expressly acknowledges:

  • That he is solely responsible for the accuracy of the information sent/ uploaded to TwinPlace. Members hereby state that the inserted and shared information is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. TwinPlace disclaims any liability arising out of the said insertion/information/ data so fed into the website by the user.
  • That he undertakes to honestly answer any accepted service orders and in accordance with the rules of professional conduct.
  • That TwinPlace is free to offer its Services to any other customers that it so chooses. The Customer hereby undertakes not to object to any other customer using the Services, even in the case of those involved in activities that are in competition with his.
  • That TwinPlace is duly authorised to send him any information that TwinPlace deems to be of interest.

The Customer hereby undertakes to compensate TwinPlace, its management, its employees, suppliers and sub-contractors in the case of any claim, lawsuit, sentence and for any losses, expenses, including legal fees, and damages incurred by TwinPlace as the result of all or part of the information given to TwinPlace and which appear on the TwinPlace web site and/or services provided by the Customer following orders placed through the intermediary of TwinPlace.


Internet Use Rules

By accepting these general terms and conditions, the Customer states that he is aware of how Internet Services operate and accepts the rules in force regarding using Internet.

TwinPlace hereby undertakes to do its utmost to ensure that its Services are operational 7 days a week, 24 hours a day, within the limits set out herein. The Customer acknowledges that the stability of the Internet network cannot always be guaranteed.

The Customer hereby expressly exonerates TwinPlace from any liability in the case of the Services not being operational following an overload or defective operating of the Internet network, deliverers, web hosting services and access providers of TwinPlace.

TwinPlace reserves the right to temporarily interrupt or restrict the use of the Services in the case of failure, overload, defective operating or maintenance, repair work or to improve the site. TwinPlace shall inform the Customer whatever the circumstance. It is up to the Customer to take any necessary measure in order to protect his own data and/or software from being infected by any virus downloaded by means of the TwinPlace web site and/or information.


Limitation of liability

The Customer hereby acknowledges that TwinPlace does not guarantee and is not liable for the contents of its customer profiles.

The Customer is solely liable for the use he makes of the information provided by TwinPlace.

TwinPlace is not liable for any transaction entered into between its Customers and/or between its Customers and a third party. Under no circumstances shall TwinPlace be a party to the contract.

TwinPlace does not guarantee any minimum level of orders, income or results.


Licence

The Customer grants TwinPlace worldwide rights to use his details. The rights granted mainly include TwinPlace’s right to adapt them in order to be included in the database and to communicate them to the public in any way it considers necessary, mainly by Internet.

The Customer expressly authorises TwinPlace to refer to him as a customer of TwinPlace. TwinPlace may therefore use the name of the Customer in advertising or promotional documents without TwinPlace needing to ask the Customer for any authorisation or permission.


Cancellation

TwinPlace is entitled to refuse or to suspend the access to these Services to any Customer for any reason damaging the reputation, reliability and professionalism of the TwinPlace network. Under no circumstances shall any sum already paid to TwinPlace be returned.


Contents of the TwinPlace site

The Customer acknowledges that any item appearing on the TwinPlace site, hereinafter known in its entirety as the "Contents”, and in particular the texts, articles, programmes, photographs, graphics, images, designs, logos, design of the pages making up the TwinPlace site and any other document appearing on the TwinPlace are protected by the provisions regarding copyright pursuant to the Intellectual Property Act, as well as the applicable international copyright conventions and by trade mark law and patent law, where applicable.

The Customer is authorised to use the Contents solely within the framework of the services provided by TwinPlace. The Customer is forbidden from entering into competition with the activities of TwinPlace. The TwinPlace, all tools and Services provided, as well as marketing materials, logos and brand names / trademarks used, remain the exclusive and absolute property of TwinPlace. The Customer is not authorised, whether for commercial or purely complimentary means, to copy, reproduce, transmit, distribute or translate all or part of the Contents without the prior and written permission of TwinPlace.

TwinPlace may insert hypertext link in its pages. However, TwinPlace is not able to control the sites of third parties referred to on its site and is not responsible for the contents that appears on the sites of these third parties.


Personal Details

The Customer is entitled to access and rectify any personal information that he provides to TwinPlace as a result of using the Services.


General Points

These general terms and conditions may be amended. TwinPlace notifies the Customers of any modification by posting a message on the home page or by e-mail.

TwinPlace is entitled to amend the characteristics of the Services offered to the Customer under any circumstances and without prior notice.


Severability

Any article or provision of these general terms and conditions that is or shall be held invalid by any applicable law shall as far as possible be rewritten to include only lawful effects. In no case shall the nullity of an article or of a provision affect the validity of the other articles or provisions of these general terms and conditions.


Settlement of disputes

The General Terms and Conditions of Use of the TwinPlace site, together with the different relations between TwinPlace and its Customers/users are governed by Belgian law, independently of any other jurisdiction. The failure of TwinPlace to exercise the rights granted herein does not mean that it waives its rights to enforce these rights. Should any dispute arise from this contractual relationship, their parties hereby undertake to seek a friendly settlement before going to court. Should the parties not reach a friendly settlement, they hereby accept to submit their action to the exclusive jurisdiction of the courts of Brussels.