These Conditions apply to
the use of Bouwonderneming Vandevoort, and
any other related Agreements or commitments with the Owner
in a legally binding manner. Capitalized words are defined in the appropriate section in this document.
The User must read this document carefully.
Any other agreement or contract entered into between the Owner and the Purchaser shall always prevail over the provisions of these Conditions. Therefore, in such cases, these Conditions are only residual and in accordance with the applicable provisions in such agreements or contracts.
Bouwonderneming Vandevoort is offered by:
Bouwonderneming Vandevoort – HV Invest
Begijnenbosstraat 1128, Nieuwerkerken
Owner contact email address: info@bouwondernemingvandevoort.be
Please note that some provisions in these Terms may apply only to certain categories of Users. In particular, certain provisions may apply only to Consumers or to Users that are not considered Consumers. These restrictions are always expressly stated in the provision in question. Provisions lacking such a statement apply to all Users.
The use of this Website and the Service is subject to age restrictions: in order to access and use this Website and the Services, the User must be an adult under the applicable legislation.
Unless otherwise indicated, the Terms of Use in this section are generally applicable when using Bouwonderneming Vandevoort.
Some or additional terms of use or access may apply in specific scenarios and if so, are stated additionally in this document.
By using Bouwonderneming Vandevoort, Users confirm that they meet the following conditions.
There are no restrictions on Users in the sense that Consumers and Business Users are not distinguished;
Users must be considered adults by the applicable legislation.
Unless otherwise indicated or clearly identifiable, all content available on Bouwonderneming Vandevoort is owned and provided by the Owner or its licensors.
The Owner will do his utmost to ensure that the content offered in Bouwonderneming Vandevoort does not violate any applicable laws, regulations or rights of third parties. However, it is not always possible to achieve this result.
In these cases, without prejudice to legal rights of Users to enforce their rights, Users are requested to report any related complaints, preferably using the contact details provided in this document.
All intellectual property rights for this content are owned and reserved by the Owner.
Users should therefore not use this content in a way that is not necessary or intended for the proper use of the Service.
Specifically, but without being limited to this, the User may not copy, download, share (except within the limits stated below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/cede to third parties or create derivative works from the content available on Bouwonderneming Vandevoort, nor allow third parties to do so through the User or his device, even without the User’s knowledge.
When expressly indicated in Bouwonderneming Vandevoort, the User may download, copy and/or share certain content available through Bouwonderneming Vandevoort solely for personal and non-commercial use and provided that copyright notices and all other notices requested by the Owner are properly implemented.
This is without prejudice to any applicable legal restrictions or exceptions to copyright.
Through Bouwonderneming Vandevoort, Users may have access to external resources provided by third parties. Users accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
Terms and conditions applicable to resources provided by third parties, including applicable provisions regarding a possible attribution of rights to content, result from the general terms and conditions of each third party or, in their absence, applicable law.
Bouwonderneming Vandevoort and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable laws.
Users are responsible for ensuring that their use of Bouwonderneming Vandevoort and/or the Service does not violate any applicable laws and regulations or the rights of any third party.
Therefore, Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to Bouwonderneming Vandevoort or the Service, terminating agreements, reporting misconduct through Bouwonderneming Vandevoort or the Service to competent authorities, such as judicial or administrative authorities, when Users participate or are suspected of participating in any of the following activities:
violating laws, regulations and/or these Terms and Conditions;
infringement of third party rights;
A substantial impairment of the Owner’s legitimate interests;
insulting the Owner or a third party.
Limitation of liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, right or claim of the User under the Competition and Consumer Act 2010 (Cth) or any similar state or territory law and which cannot be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not otherwise excluded under these Terms of Use, shall be limited, at Owner’s sole discretion, to reperformance of the Services or payment of the cost of re-delivered Services.
Rejection of guarantees
Bouwonderneming Vandevoort is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties, whether express or implied, statutory or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service shall create any warranty not expressly stated herein.
Without limiting the foregoing, Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the requirements of Users; that the Service will be available at a particular time or location, will be uninterrupted or secure; that any defects or errors will be corrected; or that the Service does not contain viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and Users are solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from Users’ downloading or use of the Service.
Owner does not warrant, endorse, or accept responsibility for any Product or Service advertised or offered by a third party through the Service or a hyperlink to a website or service, and Owner is not a party to nor does Owner in any way oversee any transaction between Users and third party providers of products or services.
The Service may become inaccessible or may not function correctly with Users’ web browser, mobile device and/or operating system. The Owner shall not be held liable for any perceived or actual damages resulting from the Service content, operation or use of this Service.
Federal law, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights that may vary by state. The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any compensation for indirect, punitive, incidental, special, consequential or punitive damages, including for loss of profits, loss of goodwill, loss of use, loss of data or other intangible losses, arising out of or in connection with the use of or inability to use the Service; and
any damage, loss or harm resulting from hacking, tampering or other unauthorized access to or use of the Service or the User Account or information contained therein;
errors, mistakes or inaccuracies in content;
personal injury or property damage of any kind incurred as a result of the User’s access to or use of the Service;
unauthorized access to or use of Owner’s secure servers and/or any personal information stored thereon;
any interruption or discontinuance of transmission to or from the Service;
bugs, viruses, trojan horses and the like that may be transmitted to or through the Service;
errors or omissions in content or for any loss or damage incurred as a result of the use of content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or unlawful conduct of any User or third party. In no event shall Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, debts, obligations, damages, losses or expenses in an amount greater than the amount paid by User to Owner under the Agreement during the preceding 12 months, or the term of this agreement between Owner and User, whichever is less.
This section on limitation of liability applies to the fullest extent permitted by applicable law, whether the alleged liability arises out of contract, tort, negligence, product liability or any other basis, even if Owner has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of compensation for incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give Users specific legal rights and Users may also have other rights which may vary by jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law.
Indemnification and compensation
User agrees to defend, indemnify and hold harmless Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including legal fees and expenses arising from
Use of and access to the Service by the User, including data or content sent or received by the User;
User’s breach of these Terms, including User’s breach of any of the warranties set forth in these Terms;
Violation by the User of any third party rights, including privacy or intellectual property rights;
violation of laws and regulations by the User;
Any content posted from User’s account, including third party access using User’s unique username, password or other security measures, if any, including misleading, false or inaccurate information;
wilful misconduct by the User; or
The violation of any provision of law by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.
Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of right shall be deemed a further or continuing waiver of right with respect to such or any other provision.
To ensure the best possible level of service, Owner reserves the right to interrupt the Service for maintenance, system updates or other changes, with appropriate notice to Users.
Within the limits of laws and regulations, the Owner may also decide to suspend or completely terminate the Service. If the Service is terminated, the Owner shall cooperate with Users so that they may withdraw their Personal Data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Owner’s reasonable control (such as acts of God, including employee actions, infrastructure failures or blackouts, etc).
Users may not reproduce, duplicate, copy, sell, resell or exploitBouwonderneming Vandevoort and the related service, in whole or in part, without the express prior consent of the Owner, either directly or through an authorized resale program.
For information on the use of their Personal Data, Users may consult Bouwonderneming Vandevoort’s privacy policy.
Without prejudice to more specific provisions in these Terms and Conditions, all intellectual property rights, such as copyright, trademark, patent and design rights related to Bouwonderneming Vandevoort are the exclusive property of the Owner or its licensors and are protected by applicable laws or international conventions on intellectual property.
All trademarks, in writing or graphics and any other marks, trade names, service marks, word marks, images, drawings or logos used in connection with Bouwonderneming Vandevoort are and will remain the exclusive property of the Owner or its licensors and are protected by applicable laws or international conventions governing intellectual property.
The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will notify the User of the changes in an appropriate manner.
The changes relate exclusively to the future relationship with the User.
Continued use of the Service means that the User agrees to the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. If the User does not agree to the revised Terms, either party may have the right to terminate the Agreement.
The applicable prior version governs the relationship prior to the User’s agreement. The User may obtain prior versions from the Owner.
If required by applicable law, Owner will provide the date the amended Terms become effective.
The Owner reserves the right to transfer, assign, transfer by novation, or subcontract any rights or obligations under these Terms and Conditions, subject to the legitimate interests of the User.
Provisions relating to amendments of these Terms and Conditions shall apply mutatis mutandis.
Users may not transfer their rights or obligations under these terms and conditions in any way without the written consent of the Owner.
All communications regarding Bouwonderneming Vandevoort should be made using the contact information provided in this document.
If any provision of these Terms is held invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.
If any provision of these Terms and Conditions is or is deemed to be void, invalid or unenforceable, the parties shall use their best efforts to reach an amicable agreement on valid and enforceable provisions to replace the void, invalid or unenforceable parts.
In the absence of such agreement, the void, invalid or unenforceable provisions shall be replaced by the applicable legal provisions if permitted or specified under applicable law.
Notwithstanding the above, the nullity, invalidity or unenforceability of any provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement had they known the provision was invalid, or in cases where the remaining provisions would result in an unacceptable disadvantage to either party.
If any provision of these Terms and Conditions is or is deemed to be void, invalid or unenforceable, the parties shall use their best efforts to reach an amicable agreement on valid and enforceable provisions to replace the void, invalid or unenforceable parts.
In the absence of such agreement, the void, invalid or unenforceable provisions shall be replaced by the applicable legal provisions if permitted or specified under applicable law.
Notwithstanding the above, the nullity, invalidity or unenforceability of any provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement had they known the provision was invalid, or in cases where the remaining provisions would result in an unacceptable disadvantage to either party.
These Terms shall be governed by the laws of the place where the Owner is located, as indicated in the appropriate section of this document, excluding conflict of law rules.
However, notwithstanding the above, if the User is a European Consumer and is located in a country where the law provides for a higher standard of consumer protection, these higher standards shall prevail.
The courts of the place where the Owner is located, as indicated in the appropriate section of this document, shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.
The above does not apply to Users who are European Consumers, nor to Consumers who are based in Switzerland, Norway or Iceland.
Bouwonderneming Vandevoort (or this Application)
The property that enables the provision of the Service.
Agreement
The legally binding or contractual relationship between the Owner and the User to which these Terms apply.
Business User
Any User who is not considered a Consumer.
European (or Europe)
Applicable when a User is physically present or established within the EU, regardless of nationality.
Owner (or We/We)
The natural person(s) or legal entity that provides Bouwonderneming Vandevoort and/or the Service to the Users.
Service
The service provided by Bouwonderneming Vandevoort, as described in these Terms and Conditions and in Bouwonderneming Vandevoort.
Conditions
All provisions applicable to the use of Bouwonderneming Vandevoort and/or the Service as set forth in this document, including any other related documents or agreements, and as periodically updated.
User (or You/Your)
The natural or legal person who uses Bouwonderneming Vandevoort.
Consumer
The User who is a natural person and who visits goods or services for personal use, or more generally, who does things for purposes outside his trade, business, craft or profession.
Bouwonderneming Vandervoort biedt professionele en kwalitatief hoogstaande bouwdiensten aan.