1. Identity and contact details of Leeward
1.1. The website available at www.leeward.be (hereinafter: the "Website") is operated by and is the property of Leeward, with company number 0871 and registered office at 8200 Bruges, Diksmuidse Heerweg 126 (hereinafter: "Leeward", "we" or "us").
1.2. Information and data of Leeward:
Legal form: Limited liability company
Company name: Leeward
Trade Name: Leeward
Registered office: Diksmuidse Heerweg 126, 8200 Bruges
VAT number: BE08.7135.5057
Telephone number: 050 393 555
Hyperlink(s) Website: www.leeward.be
2.3. The possible nullity or inapplicability of one or more provisions of these conditions of use does not lead to the nullity of all of these conditions.
2.5. These terms and conditions of use apply without prejudice to the possible application of mandatory legal provisions for the protection of consumers (in particular the relevant provisions of the Economic Law Code (WER)).
3.1. Information and content on the Website
3.1.1. Leeward tries to ensure that the information on the Website, i.e. all data and information in the broadest sense, including photos, video files, texts, etc., is correct, complete and up-to-date. Despite our efforts, inaccuracies may occur for which Leeward does not accept any liability.
3.1.2. Leeward cannot exclude the possibility that malfunctions, interruptions or technical errors may occur that restrict or prevent access to the Website.
3.1.3. The information on the Website is of a general and indicative nature, is not adapted to personal or specific circumstances, cannot in any way be regarded as personal advice or a contractual (result) commitment, and cannot give rise to compensation or termination of the agreement with Leeward. The information on the Website is available in the state as consulted without any guarantees being given. The use of the Website and the information contained therein is therefore exclusively at your own risk and responsibility. You acknowledge and accept that Leeward's obligations with regard to the operation and content of the Website are purely obligations to perform to the best of its abilities.
3.1.4. You are obliged to use the Website only for legitimate purposes.
The information provided by you:
i. must be complete, correct, concrete and reasonably relevant;
ii. must not be defamatory, defamatory, harassing, threatening, racist, obscene, terrorist, pornographic, harmful to minors or incite hatred, discrimination or violence or in any way contrary to public order or morality or the law;
iii. may not contain viruses or other malware that cause technical errors or unauthorised interventions on the Website or that are in any way harmful to the Leeward system and/or to the (personal) data of you or other persons.
users of the Website;
iv. may not damage the good reputation of Leeward and/or its partners;
v. may not contain hyperlinks to other websites;
vi. may not contravene applicable (Belgian and European) legislation, including but not limited to the Privacy Act - the Regulation (EU) 2016/679 (GDPR) that will replace the aforementioned Privacy Act - and the Market Practices Act (see Book VI of the Economic Code);
vii. may not infringe on the rights of third parties, including but not limited to intellectual property rights (such as copyright and related rights, patent rights, trademark rights, design rights, domain names, database rights, software rights, trade names and know-how);
You must indemnify Leeward in principal, interest and (lawyer's) costs against any claim in this respect.
3.2. Your obligations
3.2.1. You must have a solid and stable internet connection and high-performance hardware and software suitable for (the services of) the Website. You must also have adequate and recent antivirus, anti-spyware and firewall protection on your systems.
3.2.2. In the event that the systems of Leeward, its employees, subcontractors, external suppliers or service providers and/or its other users suffer damage as a result of the exchange of computer viruses or other harmful files, only you are fully and unrestrictedly liable vis-à-vis Leeward, and you will indemnify Leeward against any claim from third parties (including employees, subcontractors, external suppliers or service providers and users of Leeward) who suffer damage as a result.
4. Processing of personal data
5.1. Leeward is in no way liable for:
- the quality, completeness, correctness, suitability, availability or form of the information on or generated by the Website or by other (external) websites or applications to which reference is made via hyperlinks (even permitted) on the Website;
- any decision taken or action taken by you on the basis of the content or information on the Website;
- any malfunctions, interruptions, technical errors, incorrect technical manoeuvres, unauthorised interventions (including hackers), viruses, etc. on the Website;
- (the functioning and/or availability of) software and/or applications of third parties or the consequences thereof for downloading from and/or using the Website;
- indirect damage, indirect damage or consequential damage (including but not limited to loss of time, loss of an opportunity, loss of profit, loss of income, emotional damage, etc.);
- cases of force majeure;
- a slight error other than intentional or a serious error that can be equated to intentional act or omission.
5.2. Under no circumstances can Leeward be held jointly and severally or in solidum with third parties to compensate for any damage.
5.3. Nothing, however, excludes Leeward's liability for wilful misconduct or gross negligence that can be assimilated to wilful misconduct. Leeward's liability, both for direct and indirect damage, is in any case limited to the lowest of the following amounts: (i) the amount for which it is insured with its professional liability insurer or (ii) the amount corresponding to the value of the services on which the complaint is based. This same limitation shall apply if the exclusion(s) of liability contained in the present article 5 is (are) ever considered by a court or arbitrator to be invalid or unenforceable.
6. Intellectual property
6.1. The Website, its components and all information and/or content on, linked to and/or generated by the Website, including but not limited to all texts, images, logos, graphics, formulas, video files, sound files, HTML codes, software, databases, the design or any other creation, content or information on or related to the Website, are the exclusive intellectual property of Leeward or its licensors, and may only be reproduced or communicated to the public with the express prior written permission of Leeward or its licensors.
In other words, you are prohibited from reproducing or communicating the Website (or parts of it), including all information that is linked to or generated by the Website and/or the content of the Website, to the public in any way whatsoever without the express, written and prior permission of Leeward or its licensors.
6.3. Nothing in these terms and conditions of use can be interpreted as a transfer or licence from or in respect of Leeward's intellectual property rights to you.
6.5. You acknowledge and accept that information or content on the Website may be subject to protection by intellectual property rights of third parties. You declare to honour these rights and to indemnify Leeward in full, in principal amount, interest and (court and lawyers') costs for any infringements of the intellectual property rights of third parties that you may have committed in this respect.
You can report complaints arising from any use of the Website or the application of these terms and conditions of use to Leeward by sending an e-mail to firstname.lastname@example.org.
8. Applicable law - competent courts
Any dispute concerning the interpretation or application of these terms and conditions of use or arising from any use of the Website is governed exclusively by Belgian law and falls within the exclusive jurisdiction of the courts of Bruges.
9. Contact details Leeward
For further information, comments or complaints, the user can contact Leeward via the information below:
Address: Diksmuidse Heerweg 126,
E-mail address: email@example.com
Telephone number: 050 393 555
Fax number: 050 392 530