Terms and conditions
This version applies from 1 April 2014.
The French, German and English translations of these conditions of use are solely provided for information.
In the event of a dispute, only the Dutch language version of these conditions of use shall apply.
These conditions of use control your use of the Website as well as the content, information and services which are offered through the Website.
These Conditions of Use remove or limit Brouwland's liability and that of others and also include important provisions which you need to be aware of, including (among other things) an arbitration clause.
If you do not agree with these provisions in the Conditions of Use, or if you are not entitled to accept or recognise these Conditions of Use, then you may not visit or use the Website and need to immediately cut short your visit or use.
The website www.brouwland.com (hereafter referred to as the "Website") is managed by BVBA Brouwland which has its registered office at 3581 Beverlo, Korspelsesteenweg 86, Belgium, is registered in the legal persons register under number 0412.461.618 and with the VAT – administration under number BE0412.461.618, judicial district of Hasselt (hereafter 'Brouwland").
2. Your acceptance of these conditions
In addition, whenever you visit or use the Website, this means that you and everyone else that you represent are in agreement with these conditions (hereafter the "Conditions of Use"), and explicitly accept them without any reservations or preconditions, and are bound by these provisions.
This means that your visit or use creates an agreement between yourself and all the people you represent on the one hand, and Brouwland on the other hand. As part of these Conditions of Use, the word "person" means either a natural person or any entity which may or not be a legal person.
By your visit or use you also confirm that you are legally entitled to recognise and accept these Conditions of Use, in your own name, and in the name of all persons that you represent.
Brouwland is entitled at any time to change, extend or modify these conditions of use as it sees fit and for any reason whatsoever, without prior notice and without having to justify this to you or to the persons you represent. You may not extend, change or correct these Conditions of Use in any respect.
Each time that you use the Website, the latest version of these Conditions of Use will apply. In addition, each time that you use the Website you need to check the date of the Conditions of Use (which is shown at the top of the Conditions of Use) to see if a new version now applies.
3. Ownership and permitted use of the Website
The Website and all information (text, illustrations, video and audio), images, logos, icons, software, design, applications, spreadsheets, models, data and other items which are available on or via the Website are and remain the property of Brouwland or their licensors. Your use of the Website does not give you any ownership or any other rights to the Website or its content.
The Website may only be used in the way which is explicitly described in these 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.
The content of the Website can be copied, reproduced, published, downloaded, sent, mailed, indexed, catalogued and distributed, in whole or in part, in any manner which helps to improve awareness of the Brouwland Website in a positive manner, including via social networks, provided that every copy includes a clear reference to the source as www.brouwland.com, and that this is all subject to the option for Brouwland to terminate this at any time.
The right to use the content of the Website is granted subject to the condition that you do not change the content, that you leave all copyright, trade mark and other indications of ownership intact, and that you agree to all the conditions, provisions and notices accompanying this content, or otherwise published on this Website.
In relation to the software and other materials which are made available via the Website for download, replication or other uses, the licence conditions, provisions and notices of this software or materials must be adhered to.
Non-compliance with the conditions, provisions and notices on the Website and/or misuse will automatically lead to the termination, without prior notice, of all rights which you were granted. In that case you must delete without delay all copies and examples of downloaded materials which are in your possession or under your control. You must provide Brouwland with proof that you carried out these deletions at their first request. Despite the limited agreement to make use of the content of the Website, Brouwland is not granting you any explicit or implicit rights or any patent, brand name or copyright or any other kind of (intellectual) property rights.
4. Links to other sites
Under certain headings, the Website includes hyperlinks to third party content or to Websites which are managed by third parties. Brouwland is not responsible for the quality or accuracy nor the content of these websites. Neither can Brouwland be regarded as being the entity which generally approves, publicises or authorises these websites or their content. The managers of these websites are solely responsible for complying with legislation and regulations, including in relation to the products and services which are offered for sale on their website, and more specifically, in relation to consumer protection, distance selling, legislation on pricing etc.
6. Rejection, exclusion and limitation of liability, waiver of rights and disclaimer
Brouwland is not liable for the content and the use of the Website. Therefore the following provisions apply.
6.1 Information on the Website
Brouwland does not guarantee that the information on the Website is correct, up-to-date or complete. The information on this Website may include technical inaccuracies and typing errors. Brouwland does not accept any responsibility (and explicitly excludes any responsibility) for maintaining this Website in such a manner that the information remains up-to-date or that the information placed on the Website is correct or complete. Therefore you must check the correctness and completeness of all information on the Website before taking any decision relating to any service, any product or any other matter, regardless of whether it is offered on this Website or elsewhere.
Brouwland offers no guarantee that any problem reported will be resolved by Brouwland, not even when Brouwland offers information with the intention of solving the problem.
Use of this Website is entirely at your own risk.
The Website is made available to you as the Website is, without any explicit or implicit guarantee of any kind. As far as is possible under the relevant laws, and without the following summary being exhaustive, Brouwland, its licensors and all other companies affiliated with Brouwland repudiate all responsibility for offers, guarantees, conditions, guarantees of non-infringement, saleability, suitability for a specific purpose, service performance, sustainability, availability, precision or completeness for the Website. The use of a specific way of working, specific trading practices or normal usage does not under any circumstances constitute an offer, guarantee or special conditions.
You are solely responsible for obtaining, using and maintaining all computers, hardware and software, internet services and other equipment and services which you need in order to use the Website.
The Internet is not a safe medium, it can be interrupted or may be the target of deliberate/accidental infringements of security and privacy. The availability of the Website can be affected by many factors which lie outside Brouwland's control. It is possible that the Website may not be available at all times, without interruption, safely or privately.
Brouwland and its licensors are not liable to you or any other person for loss or damage that you or any other person may suffer as the result of the failure or refusal by Brouwland to follow up on a message that was sent to Brouwland by the Website or by email, nor for the non-receipt or late receipt, acknowledgement, processing or acceptance or such messages by Brouwland, nor for losses or damage suffered as the result of operational failure, poor functioning, interruption, changing, correction or closing of the Website or the email services.
Without in any way restricting the above, Brouwland and its licensors offer no guarantee that:
(a) the Website is compatible with your computer, peripherals and software;
(b) the Website will be available, will work without interruptions, will be free from errors or that all errors will be corrected;
(c) the Website will meet your needs;
(d) the information that is on the Website, or which can be obtained via the Website is accurate, complete, in the correct sequence or available in a timely manner;
(e) any or specific results will be available via the Website;
(f) the use of the Website – including browsing and downloading information – will be free of viruses, ‘Trojan horses’, ‘worms’ or other destructive or harmful elements; or
(g) the use of the Website will not infringe the rights (including the intellectual property rights) of any individual.
Brouwland, its suppliers and all other companies affiliated with Brouwland repudiate all responsibility in the widest possible terms permitted within the applicable laws, with regard to such matters.
6.3 Exclusion of liability
Brouwland, its licensors and all other companies affiliated with Brouwland shall under no circumstance (excepting gross negligence and fraud) be liable in relation to you or any other person for loss of use, loss of production, loss of earnings or loss of profits (actual or estimated), loss of market share, economic loss, special, consequential, direct or indirectly derived loss or damage, whether on the basis of a contractual or non-contractual liability or any other legal basis arising from, related to or to do with the use of the Website by yourself or any other person, regardless of any negligence, errors or infringement by Brouwland, its licensors or any other company affiliated with Brouwland, and regardless of whether Brouwland and/or its licensors are aware of the possibility that you or another person could potentially suffer a loss or damage or this kind.
6.4 Waiver of rights
You hereby waive for ever all rights, claims, complaints, demands, actions, measures, claims of liability, duties, legal fines, costs and compensation of any kind whatsoever, arising in any known or unknown manner whatsoever, and which may arise now or in future from, have to do with or be in relation to your use of the Website, both in relation to Brouwland and its licensors, and their respective franchisees, partners, agents, directors, managers, employees, information providers, service providers, suppliers, subcontractors, licence holders or issuers and all other related or associated persons.
You will indemnify, defend and indemnify Brouwland, its licensors and all their respective franchisees, partners, agents, directors, managers, employees, information providers, service providers, suppliers, subcontractors, licence holders or issuers and all other related or associated persons (collectively the "Indemnified Parties") in relation to all liabilities, expenses and costs, including all reasonable legal costs without limit, which are incurred by the Indemnified Parties in relation to any claims for damages or demands arising from or in connection with your use of the Website.
You will work together in good faith with the Indemnified Parties in the defence against any claims or demands. You will cooperate fully with requests for opinions and information submitted by the Indemnified Parties in verbal or written form.
7. Termination of your right to use the Website
If you infringe the present Conditions of Use you may no longer make use of the Website.
Brouwland may at any time, and using its own judgement:
(a) change the Website completely or partially, and temporarily or definitively disable it;
(b) limit or temporarily or definitively terminate your permission to use the Website without prior notice and without compensatory damages to you or another person.
If use of the Website by yourself or another person who represents you is terminated by Brouwland, then:
(a) these Conditions of Use and all other agreements which exist at that time between Brouwland and you and/or any other person who represents you, continue to exist; and
8. General provisions
If any one or more of the provisions in these Conditions of Use are or become invalid, in full or in part, this will have no effect on the validity of the other provisions.
These conditions of use are exclusively governed by and must be interpreted in line with Belgian law.
For all disputes which may arise from or in connection with these Conditions of Use, the CEPANI mediation procedures shall apply. If mediation fails, a definitive ruling on the dispute will be made under the CEPANI Mediation Procedures by an arbitrator appointed according to these procedures. The location for the procedure is Hasselt. The procedure will be carried out in Dutch.