Disclaimer

GENERAL

The Legal Disclaimer, as amended by SmartPro from time to time, set out the basis on which you may use this website. Please read them carefully.

Nothing on this website or in the documents available through it is intended to advertise SmartPro’s services, to solicit clients or to provide legal or other professional advice. You should not rely on any information contained on this website or in the documents available through it as if it were legal or other professional advice. If you require advice on a specific issue, please contact SmartPro by filling out the online form.
In the event of conflict between the Dutch and the English version of the Legal Disclaimer, the Dutch version shall always prevail.

TERMS OF USE

In the Legal Disclaimer, the heading used for each paragraph does not affect its interpretation.

Access to this website

This website is provided by SmartPro
By accessing this website, you agree:

  1. that you will access its contents solely for your own private use; and
  2. to comply with all applicable laws and regulatory requirements relating to your use of this website; and
  3. to comply with all reasonable instructions SmartPro gives you relating to this website; and
  4. not to use this website to distribute any information or data in contravention of any regulation or legislation.

You are responsible for all telecommunications charges relating to your use of this website.

Intellectual property rights

SmartPro (or our suppliers or third parties who have granted SmartPro permission to reproduce their material on this website) own all intellectual property rights in the content and this website. Nothing in the Legal Disclaimer gives you any right, title or interest in the content or this website and you do not acquire any such right, title or interest through your use of the website. If you need third party software to use this website, you agree to obtain a licence of that software at your own expense.

Material provided by you

You agree to ensure that all material you send or upload to this website (including, but not limited to, e-mails, text, graphic files, still or moving images) (your Material) is legal, decent and truthful, complies with all laws and regulations, does not infringe the intellectual property rights or other rights of SmartPro or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.
You are solely responsible for your Material. If SmartPro considers that any part of your Material exposes SmartPro to the risk of a claim or complaint by a third party, SmartPro may block access to all or part of this website and remove all or part of your Material. You must provide all reasonable assistance in this respect. You agree not to use this website to advertise or sell any goods or services to other users of this website.

No warranties

SmartPro gives no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the content (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.

Limitations and exclusions of our liability

SmartPro cannot guarantee that this website will operate in accordance with your expectations or will be error free. SmartPro is not obliged to update this website but may do so from time to time and SmartPro reserves the right to modify, restrict access to or close this website at any time.
From this website you may be able to access websites operated by others. SmartPro does not endorse those other websites nor accept responsibility for their content or for damage or loss you may suffer arising out of accessing those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. SmartPro does not monitor or maintain these links. Please read all copyright and legal notices on each site before downloading or printing items to ensure that you are permitted to do so under the third party site’s copyright notices, legal notices or terms of use.
Subject to the next paragraph:

  1. Our liability to you in connection with this website (whether arising from negligence, breach of contract or otherwise) is only to take such actions as are reasonably required (in our sole discretion) in order to:
    1. remove or delete data entered in error, or
    2. remove or delete data that is the subject of dispute, or
    3. correct data entered in error.
  2. SmartPro is not liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs (whether arising from negligence, breach of contract or otherwise) regardless of whether it was foreseeable or not.
  3. To avoid doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this website, your Material or the content.

Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of a partner, associate, consultant or employee of SmartPro or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation to limit or exclude liability.

General provisions

SmartPro reserves the right to vary or amend the Legal Disclaimer from time to time. SmartPro will notify you of any such amendment, if possible, by posting the relevant amendment to this website. Any changes shall take effect upon posting to this website.
Our rights under these Terms of Use and other sections of the Legal Disclaimer:

  1. may be exercised as often as necessary; and
  2. are cumulative and not exclusive of rights or remedies provided by law; and
  3. may be waived only in writing and specifically.

Delay in the exercise or non-exercise of any such right is not a waiver of that right.
If a provision of these Terms of Use or of another section of the Legal Disclaimer is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect:

  1. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or of another section of the Legal Disclaimer; or
  2. the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use or of another section of the Legal Disclaimer.

Nothing in the Legal Disclaimer is to be taken to constitute a partnership between you and SmartPro, nor constitute either of you or SmartPro the agent of the other for any purpose.
A failure by you or SmartPro to enforce a provision of the Legal Disclaimer or a breach of a provision by the other or default by the other in performing a provision does not constitute a waiver and does not prevent you or SmartPro from subsequently enforcing that provision or from acting on such breach or a subsequent breach of the provision by the other party or default by the other party in performing that provision.
All communication with respect to the Legal Disclaimer shall be in the Dutch language.

Governing law

The Legal Disclaimer shall be governed by and interpreted in accordance with Belgian law and SmartPro and you each submit irrevocably to the exclusive jurisdiction of the Belgian Courts.

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