("TERMS AND CONDITIONS OF USE")
1. USE OF THE CMB.BE WEBSITE
1.1 This Website is made available to You by CMB N.V.("CMB"), with registered office and domicilium address at De Gerlachekaai 20, 2000 Antwerp, Belgium BTW 0404.535.431 RPR Antwerpen, , tel. Nr +18.104.22.168.11 and email firstname.lastname@example.org.
1.2 The website address of this Website is www.cmb.be.
1.3 Your access to and use of this Website is subject to these Terms and Conditions of Use effective as from [08 05 2017] ("Effective Date"). By accessing and browsing this Website or viewing, downloading, generating, receiving, transmitting or using any data, information, material, text, images, video, audio or messages to or from this Website ("Content") You accept, without limitation or qualification, and agree to be bound by these Terms and Conditions of Use, as may be amended from time to time, by any other directions or instructions contained in this Website.
1.4 You may use this Website and the Content available via the Website only for the purposes reasonably anticipated on this Website or as otherwise might reasonably be expected in the course of Your relationship with CMB and in accordance with any procedures from time to time in force on the Website. You may not access any areas of the Website to which access is indicated to be restricted unless You have obtained appropriate authorisation and any relevant access device from CMB. You may not (1) use or permit any other party to use all or any part of the Website or Content in connection with activities that breach any relevant laws, infringe any third party's rights, or breach any applicable standards, content, requirements or codes; (2) post to or transmit through the Website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent; (3) use the Website for the purpose of or as a means to send 'flame' or `seam' e-mails.
2.1 For the purposes of these Terms and Conditions of Use:
2.2 "Content" has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.3 "Effective Date" has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.4 "Intellectual Property Rights" has been assigned the meaning as laid down in clause 3.1 of these Terms and Conditions of Use;
2.5 "Personal Information" means any information which may be provided by You, whether directly or indirectly through the Website.
2.6 "Relevant Third Parties" has been assigned the meaning as laid down in clause 12.6 of these Terms and Conditions of Use;
2.7 "CMB" means CMB N.V. as identified in clause 1.1 of these Terms and Conditions of Use.
2.8 "Terms and Conditions of Use" means these terms and conditions of use;
2.9 "User Materials" has been assigned the meaning as laid down in clause 3.3 of these Terms and Conditions of Use;
2.10 "Website" means this website at www.cmb.be;
2.11 "You", "Your" and "Yourself" means any person accessing this Website
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future ("Intellectual Property Rights") and similar rights and interests in all domain names, trade marks, logos, branding appearing on the Website and all Content, or otherwise relating to the structure of the Website.
3.2 You (1) may not, unless with CMB 's prior agreement, replicate in any way any Content appearing on the Website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any other party than CMB; (3) may not present misleading or false information about CMB or the Content; (4) may not misrepresent CMB 's relationship with You (or any third party); (5) may not create any implication or inference that CMB endorses the linking user or its services (or any third party); (6) may not use or reproduce the CMB logo, trade marks or name;(7) may not contain or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, pornographic, or inappropriate in any other way; (8) may not contain materials, content or anything else that might violate any laws of any jurisdiction; (9) must clearly indicate that the Website is operated by CMB and is not controlled by or otherwise associated or connected with the linked website, and that CMB's Terms and Conditions of Use apply in relation to any use of CMB 's Website.
3.3 You shall procure the waiver of any moral rights in any information, data or other content or materials distributed by You to the Website ("User Materials"), always subject to the provisions of clause 8. You hereby irrevocably authorise CMB and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense Your Materials) anywhere in the world any such User Materials. You agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 CMB does not warrant or represent that Your or any other party's use of the Content available via the Website will not infringe rights of third parties.
4. HYPERLINKED WEBSITES AND LINKING
4.1 CMB makes no warranty or representation regarding any other website which may be accessed through or via this Website. Any other website accessed may be independent from CMB and CMB has no control over the content of that website. In addition, the link to any other website does not mean that CMB endorses or accepts any responsibility for the content or the use of such website. It is up to You to take precautions to ensure that whatever You select is free of viruses- and other items of a destructive nature.
4.2 Any third party website may link to this Website provided that such a link is directed at the homepage of this Website. It is expressly prohibited for any person to link to any page other than the homepage of this Website, without the prior written approval of CMB.
4.3 You must immediately on request remove any link placed on or to any area of this Website. You shall not permit any third party aggregator of information to access or retrieve information from this Website on Your behalf.
4.4 You may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the Website as these could endanger, compromise or hamper the stability and operation of the Website or infringe rights in or relating to the Website or any materials appearing on it.
5.1 You agree to comply with any reasonable instructions CMB may issue regarding the Website's security.
5.2 Both You and CMB each shall take all reasonable precautions to ensure that communications through the Website and its own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via CMB or the Website.
5.3 You must ensure that You do not do anything during and after any access to or use of the Website or the Content which might result in the security of the Website, or the systems or security of CMB or of associated or affiliated companies or any other users of the Website or any customers of CMB, being compromised.
6.1 CMB will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of CMB 's record held on CMB 's computer systems or (2) information received from a party other than CMB. CMB does not warrant that the Content is accurate, sufficient, error free, complete or up-to-date at the time it is accessed. You should make further enquiries to satisfy Yourself of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case CMB makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
6.2 You are responsible for the accuracy and completeness of any User Materials. You shall ensure the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. You shall indemnify and hold harmless CMB and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by CMB to compromise or settle a claim) and all legal costs or other expenses, suffered by CMB or its affiliates and associates as a result of any actual or potential breach by You of Your obligations under this clause 6.
7. AVAILABILITY FOR USE, DENIAL OF ACCESS, ALTERATION, SUSPENSION AND TERMINATION
7.1 This Website may not be available for use at all times.
7.2 CMB may at any time alter, suspend or terminate the operation of this Website.
8. EXCLUSION AND LIMITATION OF LIABILITY
8.1 Neither CMB nor any holding, subsidiary or affiliated companies, shall be liable for any claims, expenses, costs, loss or damage, including indirect or consequential loss or damage (including but not limited to lost profits, lost business revenue, failure to realise expected savings and/or other economic or commercial losses of any kind), howsoever arising and of whatsoever nature, whether due to the slight negligence ('lichte fout'/'faute legere') or any other negligence in any degree of CMB, its servants or agents, or breach of contract, which are in any way related, whether directly or indirectly to the use of, misuse of, or inability to use this Website unless caused by CMB's gross negligence (`grove fout'/'faute lourde'), fraud ('bedrog'/ 'don and/or wilful misconduct (`opzet' / tomportement intentionnel').
8.2 Notwithstanding the above, if CMB or any other party referred to in clause 14.1 is nevertheless found liable for any such claim, expenses, costs, loss or damages, that liability shall in no event exceed USD 1,000.00.
9. TIME BAR
9.1 In the event that a claim arises pursuant to the use of this Website, You shall immediately, and in writing, notify CMB of such claim.
9.2 CMB shall, in addition to the limitations and exclusions of liability contained in clause 14 of these Terms and Conditions of Use, have no liability towards You unless You notify CMB in writing of any claim within one week of becoming aware of such claim. In no circumstances shall You have a claim against CMB, unless suit (legal action) is commenced by You within six months of the claim arising, such claims otherwise being definitely waived and time-barred.
10.1 Your privacy is important to us. The Privacy Statement made separately on this Website and equally contained in this clause, explains our online information practices and the choices You can make about the way Your information is used at our site. Please be sure to read this entire Privacy Statement before using or submitting information to this site.
10.2 CMB commits itself to respect Your privacy in accordance with the applicable national and international privacy legislation.
10.3 By using this Website, You agree to the terms of this Privacy Statement. Whenever You submit personal data via this site, You consent to the collection, use, and disclosure of those data in accordance with this Privacy Statement.
10.4 By submitting personal data ("Personal Information"), You give the explicit permission to process this personal data for the purposes mentioned below. CMB will save the collected personal data to files and process them in order to:
Inform you about new services, for example using e-mail;
Take care of and handling your requests;
Automate user profiling;
Optimize the management of the Website and the services offered.
The information You have submitted through the website at any moment, can be used by CMB for direct-marketing purposes. You have the right to object to such use of your Personal Information by expressing Your objection through the Website or by sending an e-mail to email@example.com.
10.5 CMB may disclose Personal Information that You provide via this site to other CMB affiliates worldwide which agree to treat it in accordance with this Privacy Statement and use it for the same purposes. CMB may also disclose Personal Information that You provide via this site to third parties which are not CMB, but only: (i) to contractors used to support the business of CMB (such as fulfilment services, technical support, delivery services, and financial institutions), in which case CMB will require such third parties to agree to treat it in accordance with this Privacy Statement and use it for the same purposes; or (ii) in connection with the sale, assignment, or other transfer of the business of this site to which the information relates, in which case CMB will require any such buyer to agree to treat it in accordance with this Privacy Statement and use it for the same purposes.
CMB shall not communicate, sell or expose the Personal Information in any other way to any other third parties, unless CMB has received a request from the public authorities or an injunction from a court or judicial authorities to hand over certain data, including Your Personal Information.
10.4 The collection, use, and disclosure of information contemplated in this Privacy Statement may involve a transfer of the information to jurisdictions located outside Your country of residence that may not have equivalent laws and rules regarding personally identifiable information. By Using this Website, You explicitly consent to such transfer and disclosures of information.
10.5 The Website of CMB uses "cookies", which are text-only pieces of information transferred by the Website to Your hard disk . These "cookies" contain Personal Information. You have the ability to accept or decline cookies through the relevant pop-up in Your browser. However, You may not be able to use all the interactive features of our site if cookies are declined.
10.6 This Website contains links to other third party websites. CMB is not responsible for the privacy practices or the content of the linked third party websites.
10.7 In case You have any questions, comments or concerns about this Privacy Statement or its implementation, please contact firstname.lastname@example.org or call +22.214.171.124.11 or contact CMB at De Gerlachekaai 20, 2000 Antwerp, Belgium.
10.8 CMB has the right to change its Privacy Statement at any time, in accordance with all relevant laws and regulations.
No variation of these Terms and Conditions of Use shall be of any force or effect unless agreed to by CMB in writing.
In the event that any term or condition of these Terms and Conditions of Use is not fully enforceable or valid for any reason, such term or condition shall be severable from the remaining terms and conditions and the enforceability of any remaining terms and conditions shall not be affected by such severance.
13. RELAXATION OF RIGHTS
No relaxation by CMB of any of its rights in terms of these Terms and Conditions of Use shall prejudice or constitute a waiver of CMB 's rights and CMB shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.
14.1 Use of the Website or the Content may be subject to certain legal or regulatory requirements in particular jurisdictions. You may only access or use the Website or Content to the extent such access or use is permitted in the jurisdiction in which they access or use the Website or Content.
14.2 References in this Agreement to "in writing" or "written" include communication by e-mail or other electronic form.
14.3 The rights of CMB, its affiliates, associates and agents in these Terms and Conditions of Use may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
14.4 You may not assign, part with or otherwise transfer any right or benefit under any provision of these Terms and Conditions of Use without CMB 's prior written consent.
14.5 CMB may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information of You or Your use of the Website or Content.
14.6 CMB's affiliates, associates and agents ("Relevant Third Parties") shall have the benefit of all provisions of these Terms and Conditions of Use which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into this contract, CMB does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
15. LAW AND JURISDICTION
Any claims or dispute arising under or related, whether directly or indirectly, to these Terms and Conditions of Use including third party proceedings involving several defendants, shall be governed exclusively by the law and be determined exclusively by the courts of the place where CMB has its registered office to which courts' jurisdiction You have, pursuant to clause 1.3 of these Terms and Conditions of Use, irrevocably submitted, alternatively, and at CMB's sole option, if the defendant is not CMB, by the courts and according to the law of that place where the defendant has its registered office.