AED
– Website/WiFi TERMS OF USE
Last update : 15/04/2018
Table of
contents
Acceptance of these Terms of Use
By accessing and using this website
(the "Website") and/or by using the AED Wi-Fi (or other) network(s)
(the "Networks"), you
acknowledge that you have read, understood, and agree to be bound by these
Terms of Use and the Privacy Policy referenced herein. If you do not accept
these Terms of Use and the Privacy Policy, you are not authorized to use this Website
and/or the Networks.
If you are entering into these Terms
of Use on behalf of a company, you hereby agree – and declare and represent
that the company or institution you represent agrees – to these following Terms
of Use, including the Privacy Policy referenced herein.
We may make modifications to the
foregoing at any time and such modification will be effective upon posting to
the Website. The date of the most recent revisions will appear on this page. We
shall notify you of the change to these Terms of Use by posting a notice on the
Website. Where required by applicable law, you will be notified by email of the
changes. Your continued use of the Website and/or the Networks after any
modifications to these Terms of Use shall indicate your agreement with such
modified terms.
Some portions of the Website may
have additional rules, guidelines or terms posted. If there is a conflict
between these Terms of Use and the rules, guidelines or terms posted for a
particular area of the Website, the latter will prevail regarding your use of
that area of the Website.
This Website and/or
the Networks are operated by:
AED Rent nv
Bedrijvenpark De Veert 12
BE0451899343
(Hereinafter "AED")
E-mail: support@aedgroup.com
Phone: +32 3 860 66 76
Please read our Privacy Policy http://www.aedgroup.com/privacy,
which forms an integral part of these Terms of Use and which governs your visit
to this Website and/or use of the Networks,
so that you understand how your personal data will be collected and processed
by AED.
Purchase
Any purchase on the Website will be subject to AED's
Terms and Conditions https://www.aedgroup.com/en/general-terms-conditions
that you will be requested to consent to before placing any order on our
Website.
The information and content of this Website, including
all information, data, text, music, sound, photographs, graphics and video
messages, and all source codes, software compilations and other material are
owned by AED and are protected by intellectual property rights, including,
without limitation, copyrights, author rights and neighbouring rights, database
rights, design and models, trademark rights, patent, software, etc. ("Intellectual Property Rights"). It
is prohibited to use, transfer, amend, alter, sell, distribute, reproduce or
publish the information and the content of this Website without the prior
written consent of AED.
You may only use this Website and materials on this Website
in accordance with these Terms of Use and subject to compliance with all Intellectual
Property Rights or any other rights indicated to you. When you make a copy of
the materials on this Website, you must also include all copyright and other
notices that are in the materials.
If you use the materials on this Website without the
permission of AED or in a way that is not allowed by these Terms of Use, you
may violate our or others' Intellectual Property Rights. In that event, we may
automatically revoke your permission to use this Website and we reserve the
right to take all measures that we consider adequate in order to prevent,
terminate or obtain reparation for any infringement of Intellectual Property Rights.
Legal title to the materials remains with us or with the authors of the
materials contained on this Website. All rights not expressly granted are
reserved.
Use of this Website and/or the Networks must be in
compliance with any and all applicable laws, rules and regulations, and must not
infringe neither violate third party rights (including intellectual property
rights and privacy rights).
The following activities relating to the use of the Website and/or the
Networks are expressly prohibited: (i) collecting usernames and/or
email addresses of other users by electronic or other means for the purpose of
sending unsolicited email or other communications, (ii) any use of the Website and/or the
Networks, which in our sole judgment, degrades the reliability,
speed, or operation of the Website and/or
the Networks or any underlying hardware or
software thereof, and (iii) any use of the Website and/or the Networks which is
unlawful or in violation of these Terms of Use.
You may not access or use the Website and/or the Networks in
any manner that could damage, disable, overburden, or impair any AED accounts,
computer systems or networks. You may not attempt to gain unauthorized access
to any parts of the Website or any AED accounts, computer systems or Networks.
You may not use any robot, spider, scraper or other automated means to access
the Website or any AED's accounts, computer systems or Networks.
You may not access, download, use or export the Website,
or the content provided on the Website, in violation of U.S. or E.U. export
laws or regulations, or in violation of any other applicable laws or
regulations.
AED uses its best efforts to maintain the information
on its Website accurate and up-to-date. The information provided on this Website
is valid at the date on which it is provided and AED cannot guarantee that such
information does not contain any mistakes, is correct and up-to-date.
AED does not guarantee a continuous, uninterrupted and
secured access to the Website and/or the Networks. AED may
interrupt, at any time and without prior notice, the access to the Website and/or the
Networks in case of risk of misuse or fraud or in order to perform
maintenance or to implement any improvement or modification. AED shall do its
utmost to limit the duration of such interruptions and shall, whenever
possible, inform the Internet users of these interruptions and their estimated
duration.
Access to, and use of, your
private secured area on the Website and/or the Networks is restricted to authorized users only and you may not
share your password(s), account information, or access to the Website and/or
the Networks. You are responsible for maintaining the confidentiality of your
password(s) and account information, and you are responsible for all activities
that occur under your password(s) or account(s) or as a result of your access
to the Website and/or the Networks.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THIS WEBSITE AND/OR THE NETWORKS IS AT YOUR SOLE RISK AND PERIL. THIS WEBSITE
AND/OR THE NETWORKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH
ALL FAULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AED
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE WARRANTIES FOR HIDDEN OR LATENT DEFECT, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AED MAKES NO WARRANTY THAT (i) THE WEBSITE
AND/OR THE NETWORKS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND/OR THE
NETWORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE (iii)
THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR THE
NETWORKS WILL BE ACCURATE, COMPREHENSIVE, OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE AND/OR THE NETWORKS IS DONE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL IN
ACCORDANCE WITH SECTION "LIMITATION OF LIABILITY" BELOW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AED OR ANY OF ITS
CONTRACTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA, PROFITS, BUSINESS, OPPORTUNITY, GOODWILL,
CLIENTELE ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, DELAYS OR
INTERRUPTION OF ACCESS TO THE WEBSITE AND/OR THE NETWORKS, COMPUTER VIRUS,
FAILURE OR MALFUNCTION OF YOUR SYSTEMS ARISING IN RELATION TO YOUR USE OF THE WEBSITE
AND/OR THE NETWORKS, INACCURATE CONTENT OR OMISSION, OR OTHER INTANGIBLE
LOSSES, AS WELL AS THIRD PARTY CLAIMS (EVEN IF AED HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM CLAIMS BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE), HIDDEN OR LATENT
DEFECTS, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
TOTAL LIABILITY OF AED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL
DAMAGES, NOT TO EXCEED [EUR € 500]. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE
IN SOME JURISDICTIONS. IN NO EVENT SHALL AED, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES
OTHER THAN THE AMOUNT DESCRIBED ABOVE.
This limitation of liability does not limit AED's
liability for its own intentional negligence or fraud, or any other liability
which may not be excluded under applicable law.
This Website may contain hyperlinks to websites or
information of third parties. Hyperlinks included on this Website are there
purely for the ease of the customer and their presence does not entail that AED
approves or recommends the content, products, services or service providers of
such websites.
AED has
no control over the websites or information of third parties and is not liable
for the information or the materials provided on third parties' websites and
the damages incurred by you as a result of your visit or access to third
parties' websites. AED does not guarantee that the information or materials on
third parties' websites are correct, accurate or reliable.
If any provision of these Terms of Use is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any of
these Terms of Use shall be deemed a further or continuing waiver of such term
or condition or any other term or condition.
Your obligations under this section and sections
"Disclaimer of Warranty" and "Limitation of liability" will
survive termination of these Terms of Use for a period of 5 years.
You agree to hold harmless, defend and indemnify AED
and its directors, officers, employees, contractors, and agents from and
against any and all claims, proceedings, damages, expenses, costs and losses
(whether direct, indirect, economic or consequential, and including without
limitation loss of profit, loss of opportunity, loss of business, loss of data
and loss of goodwill, as well as third parties' claims) arising out of, in
connection with or otherwise in relation to your violation of these Terms of
Use.
The Website and/or the Networks were created and are
operated under the laws of Belgium. These Terms of Use, including any
contractual or non contractual (including pre-contractual) matters in
connection with their conclusion, validity, interpretation, enforcement,
performance and termination shall be governed by and construed in accordance
with the laws of Belgium.
Any dispute between the parties arising out of or in
connection with these Terms of Use, the use of the Website and/or any
contractual or non-contractual (including pre-contractual) matters in
connection with their conclusion, validity, interpretation, enforcement,
performance and termination will be submitted to the exclusive jurisdiction of
the courts of Mechelen, Belgium.