Disclaimer

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

E-mail: info@leeward.be

Hyperlink(s) Website: www.leeward.be


2. Applicability of these terms of use

2.1. These terms of use apply exclusively to the use of the Website. These Terms of Use do not in any way cover the use policies of other service providers that you use on or through the Website.

2.2. Visiting, browsing and viewing this Website is subject to our terms of use and all applicable laws. By accessing, browsing and viewing this Website, you accept the terms of use, as described below, without limitation or exclusion. The text of these terms of use can be consulted at all times under the heading 'Terms of use - Disclaimer' on the Website.

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.

2.4. Leeward reserves the right to change these terms of use at any time. Changes will be announced on the Website and/or by electronic means. Continued use of the Website will be considered as acceptance of the new terms and conditions. These terms and conditions of use were last amended on 7 June 2018.

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. Terms of use

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.

3.3. Measures

3.3.1. Leeward is entitled to deny you access to the Website (or part of it) unilaterally, without prior notice of default being required, and/or to terminate the agreement with you immediately, i.e. in the event that you fail to comply in any way with the current terms and conditions of use, the Leeward privacy policy and/or the other (special or general) provisions of the agreement with Leeward. As the occasion arises, Leeward will not be liable in any way whatsoever for any damage you may suffer as a result.

3.3.2. Leeward also has the right to amend, refuse or remove information placed by you on the Website unilaterally and without prior notice of default being required, should this information be in conflict with the current terms of use, applicable legislation and/or the rights of third parties, without prejudice to applicable privacy regulations.


4. Processing of personal data

Leeward takes care of your privacy and always acts in accordance with the provisions of the applicable privacy regulations. For more information about the protection and processing of your personal data on or via the Website, you can consult the privacy policy at: www.leeward.be/privacy.


5. Liability

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.

6.4. You acknowledge and accept that certain open source software or freeware may be used for the services on the Website under licences that may contain provisions that take precedence over these terms of use.

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.


7. Complaints

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 info@leeward.be.


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,

8200 Bruges

E-mail address: info@leeward.be

Telephone number: 050 393 555

Fax number: 050 392 530