GENERAL CONDITIONS OF USE
PART I. GENERAL PROVISIONS APPLICABLE TO ALL USERS
Article 1 Definitions
For the purpose of these General Terms and Conditions the following is understood as:
- General Terms and Conditions: the present terms and conditions with regard to the website https://www.usgprofessionals.be/en, which are applicable to the use of the Website and of any and all Services that are offered and/or purchased via the Website.
- USG Professionals: the public limited company USG Professionals, having its corporate seat in (2000) Antwerp at the Frankrijklei 101, Register of Legal Entities Antwerp, enterprise number 0433.236.444.
- Website: the website operated by the public limited company USG Professionals, named https://www.usgprofessionals.be/en.
- User: the person who visits the Website and/or uses the Website.
- Registered User: each and every User who registered on the Website.
- Customer: each and every User who purchases or orders Services via the Platform on the Website. The Customer can be an individual (Customer-Individual) or a legal person (Customer-Legal Person).
- Login: email address of the Registered User with which he can, in combination with his password, gain access to his personal account (My Zone).
- USG Professionals Account: free account obtained following the mere registration by the Registered User on the Website.
- Data and Files: any and all data and files posted on the Website by USG Professionals, including but not limited to Vacancies, contracts, announcements, personal data, advertisements, texts, email addresses, HTML codes, information, images, photos, (moving or still) video and audio recordings, formats, software etc., all in the broadest sense of the word.
- Profile: the profile created by the Registered User during registration on the Website with, inter alia, data about his person, saved searches, saved jobs, applications, and saved events.
- Material: CV, data for the creation of the Profile and potential other material posted on the Website by the Registered User.
- Services: any and all services that are (can be) purchased / ordered by the Customer via the Platform on the Website (including but not limited to training and events) or that are offered free of charge via the Website as described further in PART III of these General Terms and Conditions. All of these Services individually also referred to as: a “Service”.
- Vacancy: an advertisement and/or vacancy posted on the Website by USG Professionals, including all other Data and Files related to the same, all in the broadest sense of the word.
- Platform: the platform of Tickoweb that the Customer needs to use for the online purchase / ordering of tickets for Services that USG Professionals offers via the Website.
Words in the singular also include the plural and vice versa. Where he / him is used, this must be read to include she / her.
Article 2 Applicability of the General Terms and Conditions
- The present General Terms and Conditions are applicable to each and every access to and/or each and every use of the Website by (Registered) Users, with the understanding that:
- Part I of these General Terms and Conditions applies to all Users;
- Part II of these General Terms and Conditions applies to Registered Users;
- Part III of these General Terms and Conditions applies to Customers who purchase / order Services (a Service) that are (is) offered by USG Professionals via the Website.
- By gaining access to the Website, or by making use of this Website, in any way whatsoever, the User accepts to be bound by these General Terms and Conditions.
- A purchase of a Service can only be effectuated if the Customer expressly accepted these General Terms and Conditions. The applicability of any general terms and conditions of the Customer is expressly excluded.
- The User guarantees that the person who gains access to the Website with his computer shall equally submit to the present General Terms and Conditions.
- USG Professionals is entitled to change these General Terms and Conditions at any time. As the occasion arises, it shall then inform its users of the new General Terms and Conditions via its Website. If the User continues the use of the Website after the General Terms and Conditions have changed then this implies that he irrevocably accepted the revised terms and conditions.
- The latest General Terms and Conditions can always be consulted on the Website.
Article 3 Purpose of the Website
The Website focuses on i) posting Vacancies so that candidates can apply, ii) posting blogs,) offering Services - whether or not free of charge, iv) it is also possible to purchase / order Services via the online Platform on the Website, including but not limited to training and events (hereinafter referred to as: the “Purpose”).
This all takes place in conformity with the provisions set forth below in these General Terms and Conditions and in the Privacy Statement (https://privacy.usgprofessionals.be/en/prv).
Article 4 User right of the Users
- By gaining access to the Website the User declares to be legally authorised to use this Website and/or the Services offered on it.
- The User is held to comply with any and all applicable (privacy) legislation and regulations.
- Each and every use of the Website and the Data and Files posted on it as well as the use of the Services (including the use of the online Platform to purchase / order Services) takes place at one’s own risk and expense.
- The User shall take the approach and act as can be expected of a diligent and responsible User.
Article 5 Unlawful use of the Website
- The User is not allowed to use the Website or the Data and Files and the Services made available on this Website for any purpose other than the Purpose as intended in article 3.
- The User is not allowed to download, disseminate, reproduce, multiply, distribute, send, collect or publish the Website or the Data and Files made available on this Website or to make them available to third parties.
- The User is moreover not allowed to process and/or register the Data and Files posted on the Website or to use them to send commercial messages, all in the broadest sense of the word, to other Users or third parties through any means of electronic communication (“spamming”).
- Finally, the User is not allowed to hinder other Users of the Website in the use of the Website and the Services offered on it or to inflict damages on USG Professionals, its Users and/or third parties.
Article 6 Confidentiality
Each and every User is held to observe confidentiality with regard to any and all Data and Files of a secret or confidential nature that he received from USG Professionals and/or its Users. This does not include the Data and Files that were posted on the Website by USG Professionals with the intention of making them available to other Users.
Article 7 Liability for Data and Files and/or other websites
- Data and Files only have an informative purpose so that USG Professionals cannot be held liable for the correctness and/or completeness of (the content of) the said Data and Files.
- The Website of USG Professionals contains references and/or links to one or more websites of third parties and websites of third parties can contain references and/or links to the Website of USG Professionals.
- References and/or links to other websites are only meant to increase the user convenience of the Website of USG Professionals and USG Professionals shall not be responsible and shall by no means be liable for the content of the said other websites and for the potential consequences deriving from visiting, consulting and/or using (the content of) these website.
- When third parties include references and/or links to the Website of USG Professionals on their website, this does by no means imply that USG Professionals agrees with the content of the said website. In addition, USG Professionals shall by no means be liable for the references and/or links to the Website included on other websites.
Article 8 Access to the Website, failures and interruptions
- USG Professionals cannot guarantee that its Website and Services (including the use of the Platform to purchase / order the Services) shall always be accessible without interruptions and/or failures and shall therefore not be liable for damages resulting from technical shortcomings, interruptions and/or failures in the access to the Website and/or its Services. In addition, USG Professionals shall not be liable for potential detrimental interferences with the system and/or the software of the User or of third parties.
- USG Professionals shall make an effort to resolve potential technical shortcomings, interruptions and/or failures in the access to the Website and/or its Services as soon as possible.
- USG Professionals is entitled to decommission, restrict and/or discontinue its Website and/or the Services, whether or not temporarily, without, as the occasion arises, being liable to pay compensation for damages that may derive from the same.
Article 9 Use by (other) Users and/or third parties
- USG Professionals shall make a reasonable effort to secure its systems and Website against unlawful use and abuse. USG Professionals can, however, not guarantee that third parties (also including its Users) shall not use its systems and/or Website (and the Data and Files posted on it) unlawfully and/or abuse them and shall not be liable in connection therewith.
- In addition, USG Professionals shall by no means be liable for the failing, incomplete or incorrect compliance by its Users with the present General Terms and Conditions, other terms and conditions adopted by USG Professionals and/or the applicable legislation and regulations (including the privacy legislation).
- USG Professionals shall not be liable for potential damages inflicted by potential viruses, worms, bots, Trojan horses, and so on if they, despite the precautionary measures taken by USG Professionals, occur on the Website and/or in the means of electronic communication used by the same. USG Professionals shall neither be liable if its Website is hacked or broken into, all in the broadest sense of the word, as a result of which, for instance, the Website and the Services of USG Professionals can (temporarily) not be accessed.
Article 10 Infringement of the intellectual property
- The User is aware of the fact that the Website contains Data and Files that are owned by USG Professionals and that are protected by the applicable legislation with regard to, inter alia, intellectual property rights (including copyrights, related rights, patents, database rights, and trademark rights).
- Nothing in these General Terms and Conditions or on the Website is meant to grant or transfer any intellectual property right to the User. The use of the Data and Files posted on the Website is therefore limited to what is outlined in these General Terms and Conditions.
- The User shall refrain from acts that infringe any intellectual property right.
- The User acknowledges that through unauthorised use of the Data and Files posted by USG Professionals he acts in violation of the present General Terms and Conditions and the applicable legislation.
Article 11 Compliance with the General Terms and Conditions and legislation and regulations
- If the User does not comply with and/or does not observe his obligations pursuant to these General Terms and Conditions, or the applicable legislation and regulations, then he shall be liable in full for any and all damages, costs, consequences and claims (including potential claims of other Users and any and all associated damages, costs, and consequences) deriving from the same, all in the broadest sense of the word. As the occasion arises, the User shall indemnify USG Professionals in connection therewith.
- In the instances as intended in paragraph 1, USG Professionals shall be authorised to give the User a relevant warning, inform other Users or place the IP address / the IP addresses of the User on the blocked list as a result of which it becomes impossible to visit the Website and/or to create a USG Professionals Account, the latter without being in any way whatsoever liable to pay damages and without prejudice to the right of USG Professionals to take further (legal) measures and/or to claim compensation.
Article 12 Limitation of liability of USG Professionals
- Where legally permitted, USG Professionals shall by no means be liable for damages, costs, consequences, and claims (including potential claims of third parties and any and all damages, costs, and consequences related to the same) that directly or indirectly derive from the use of its Website and/or the Services offered on the same.
- If and to the extent that USG Professionals should nonetheless be liable in any way whatsoever then the following limitations shall apply:
- Liability of USG Professionals for indirect damages is excluded in all instances.
- Each and every potential liability deriving from the present terms and conditions and/or the use of the Website and/or the Services offered on the same shall be limited to a maximum amount of € 10,000.00 per event and to a maximum amount of € 20,000.00 per calendar year.
- Complaints or claims must, subject to forfeiture, be submitted at the latest within 1 year from the date that the User has established or should have established the negligence.
Article 13 Force majeure
In case of Force Majeure USG Professionals shall not be held to comply with its obligations in respect of the User. USG Professionals shall be authorised to suspend its obligations during the duration of the Force Majeure. ‘Force Majeure’ is understood as: each and every circumstance beyond the control of USG Professionals that prevents it from fully or partly complying with its obligations in respect of the User or a third party.
Article 14 Invalidity
If a provision of these General Terms and Conditions is fully or partly invalid, voidable or in violation of the law then it shall be deemed to stand alone and shall not be applicable. As the occasion arises, USG Professionals shall replace the relevant provision by a provision of an identical scope that is not fully or partly invalid, voidable or in violation of the law. The other provisions of the General Terms and Conditions shall remain in full force and effect.
Article 15 Questions, comments and complaints
If the User has questions, comments and/or complaints with regard to USG Professionals, the Website, registration and/or Services then he can contact the Help Desk of USG Professionals on working days between 8:30 and 17:00 o’clock on telephone number + 32 (0)3 800 40 20 or by email via firstname.lastname@example.org.
USG Professionals shall handle the question, comment or complaint as soon as possible.
Article 16 Applicable law and dispute resolution
Belgian law is applicable to these General Terms and Conditions. Potential disputes with regard to (the use of) the Website that cannot be settled amicably shall be brought to the cognisance of the courts of the judicial district of Antwerp - Antwerp Division - that shall, with the exclusion of other courts, be authorised to take cognisance of potential disputes.
PART II. PROVISIONS APPLICABLE TO REGISTERED USERS
The provisions included in this part II are, in addition to the general provisions (part I), applicable to the Registered Users who register with USG Professionals and who thus obtain free access to a USG Professionals Account.
Article 17 Registration
- To be able to use certain Services of USG Professionals, the User must register with the help of the online registration form in the course of which he must create a USG Professionals Account as described on the Website. In this respect he is requested to, inter alia, create a user name, a password, and a login with which he can then log in to his personal USG Professionals Account / My Zone.
- USG Professionals shall be free not to accept the registration of a User. As the occasion arises, a USG Professionals Account is not created.
- After approval of his registration, the User receives - where possible within one working day - a confirmation of his Login by email. The Registered User is held to handle his user name and his Login diligently and to keep them secret.
- The Registered User is not allowed to, whether or not for consideration, transfer his Login and/or his USG Professionals Account.
- The Registered User is liable in full for the use of his Login, irrespective of the said use taking place with or without his consent. The User shall inform USG Professionals immediately of potential abuse of the Login.
- USG Professionals is authorised to require of its Registered Users to create a new Login.
Article 18 Use of the Profile
- Each and every Registered User can manage his USG Professionals Account via the My Zone, inter alia his personal data, saved searches, saved jobs, applications, and saved events.
- The Registered User grants USG Professionals the right to offer him products and Services on the basis of his Profile, both of USG Professionals (including but not limited to the sending of job alerts) and/or of partners selected by USG Professionals.
- USG Professionals reserves the right to adjust and/or shorten the Profile posted by the Registered User. In addition, USG Professionals shall be authorised to remove, either in whole or in part, the Profile posted on the Website by the Registered User from its Website. The removal of his Profile or a part of it shall not entitle the Registered User to any form of compensation.
- After registration the Registered User can change or delete the settings and data in his Profile at any time. In addition, he can unsubscribe from certain Services, for instance the digital newsletter or job alert, by making use of the so-called opt-out option.
Article 19 Posting of Material
- The Registered User guarantees the correctness and completeness of the Profile and other Material (including CVs) posted by him and also guarantees that they are up to date.
- The Registered User indemnifies USG Professionals in full against any and all potential claims of third parties (including other Users) in any way whatsoever deriving from and/or related to the Material posted by him on the Website and/or the use of the same, including claims in connection with infringements of an intellectual property right.
- Any and all activities that the Registered User performs on the Website (including posting Material) must be free from viruses, worms, bots, Trojan horses or other software that operates automatically or that can damage Data and Files, that render them unusable or inaccessible or that can delete them or have them be appropriated.
Article 20 Privacy Statement
With regard to the registration and processing of (personal) data supplied by the Registered User-Individual reference is made to the applicable Privacy Statement of USG Professionals. The said Privacy Statement must be qualified as an inextricable part of these General Terms and Conditions. The Privacy Statement appears as a link at the bottom of every page of the Website.
Through mere registration the Registered User unconditionally agrees with the said Privacy Statement.
Article 21 Termination of the registration
- The Registered User can personally terminate his registration at any time by cancelling via My Zone.
- USG Professionals shall be free to terminate the registration of the Registered User with immediate effect by (inter alia) blocking the user name and Login of the Registered User and by cancelling the USG Professionals Account.
- USG Professionals can, in any case, terminate the registration of the Registered Use if the Registered User acts in violation of the present General Terms and Conditions and/or other terms and conditions adopted by USG Professionals or acts in violation of the applicable legislation and/or regulations and/or the generally accepted internet rules of conduct. In addition, the registration can be terminated in case of abuse of the user name and/or Login, unexpected technical difficulties and/or in the event of a longer period of inactivity, the latter at the discretion of USG Professionals.
- USG Professionals shall never be held to pay any form of compensation if it terminates the registration of the Registered User.
- Obligations pursuant to these General Terms and Conditions that are, due to their nature, meant to also continue after the end of the registration of the Registered User, shall remain in full force and effect after the termination of the registration.
PART III. PROVISIONS APPLICABLE TO ALL CUSTOMERS WHO PURCHASE / ORDER A SERVICE VIA THE WEBSITE
The provisions set forth in this part III are, in addition to the general provisions for all Users (part I), applicable to all Customers (both Customer-Individuals and Customer-Legal Persons) who purchase / order Services via the Website.
Article 22 Offer of Services
Announcements with regard to Services on the Website do not have binding effect and can only be qualified by the Customer as an invitation to purchase / order the Services, unless expressly indicated otherwise.
USG Professionals reserves the right to change the offer and the composition of the Services.
USG Professionals always reserves the right to expand or reduce the Services offered via the Website.
USG Professionals moreover reserves the right to offer services of third parties via the Website.
Article 23 Purchase / order of Services via the Platform
- Customers who intend to purchase / order Services via the Website need to use the Platform of Tickoweb on the Website. Via this Platform Customers can purchase tickets for, inter alia, training courses and events and Customers can enrol for training courses and events - whether or not against payment - that are offered by USG Professionals on the Website.
- USG Professionals commits to deliver the purchased / ordered Services in conformity with the provisions of these General Terms and Conditions and as stipulated by and between the Customer and USG Professionals. The agreement between USG Professionals and the Customer with regard to the Services only takes effect after payment in full of the price and via the method indicated on the Platform, after which the Customer receives an electronic confirmation of the purchase / enrolment with the ticket (“Order Confirmation”).
- The payment takes place via the Platform through a direct payment method (e.g. Bancontact, VISA, MASTERCARD, transfer, ...) in the course of which Mollie is used as an external partner. The Customer hereby grants the said external partner authorisation to effectuate the payment and to transfer it to USG Professionals.
- USG Professionals dismisses each and every responsibility if the Customer does not effectuate the payment or if the Customer enters incorrect or incomplete data at the time of the purchase / order. The Customer is, in any case, responsible for the performance of the payment and the associated data.
Article 24 Rates
- With the exception of some Services that are offered free of charge, the Services are purchased on the basis of the rates that are posted on the Website and as indicated on the Platform at the time of the order and as confirmed in the Order Confirmation. These rates can be adjusted by USG Professionals – up to the moment of the order / purchase - without motivation or prior notice.
- The rates on the Website are inclusive of VAT.
Article 25 Use of the purchased / ordered e-tickets
- The Customer is deemed to download or print the purchased / ordered e-tickets himself as proof of the purchase / enrolment. On request he should present it at the training respectively the event.
- Each and every e-ticket has a unique bar or QR code and provides access to only one person per event / training. Only the person who uses his ticket first is admitted to the event / the training. The Customer is personally responsible for the use of the e-ticket.
- Valid proof of identity of the Customer must always be presented in case of an enquiry or control. This e-ticket is only valid for the event or the training, the date and the time, mentioned on the e-ticket.
- USG Professionals dismisses each and every responsibility in case of loss, theft or potential abuse of the e-ticket.
Article 26 Right of withdrawal
In accordance with the Belgian Act on the Market Practices and the Consumer Protection, the Customer-Individual is entitled to a period of 14 working days to exercise his right of withdrawal, without having to specify a reason or being subject to a sanction. The said right of withdrawal takes effect from the day that the agreement is concluded, namely the day that the email with the Order Confirmation is sent.
In accordance with the provisions set forth in Section VI.53 of the Belgian Act on the Market Practice and the Consumer Protection, the Customer-Individual expressly acknowledges and accepts that he is not entitled to a right of withdrawal in respect of an online sale or a distance sale, if the delivery of the Service starts and comes to an end in its entirety before the end of the statutory period of 14 working days. As the occasion arises, no request for withdrawal, cancellation or repayment shall be honoured for the indicated period.
If the Customer-Individual is in the legal circumstances to rely on a right of withdrawal then he can exercise the said right by sending an email with confirmation of receipt to HR@usgprofessionals.be. In case of the legally valid and statutorily correct use of the aforementioned right of withdrawal, USG Professionals shall repay the amount paid by the Customer-Individual within 7 working days via an internationally accepted payment method selected by the same.
Article 27 Limited warranty
- USG Professionals acknowledges that it shall perform the Services in a professional manner, in accordance with the standards applicable in the industry.
- With the exception of the above, USG Professionals shall not provide any further warranty, implied or express, including but not limited to warranties regarding suitability for a certain objective or regarding the result of the Services. The delivery obligation is limited to a best efforts obligation.
Article 28 Consent
- Through the acceptance of these General Terms and Conditions the Customer agrees to receive, via email, newsletters and/or other commercial messages that assist USG Professionals in maintaining and improving its quality standards. The Customer is always entitled to revoke his consent by sending an email to the following address: email@example.com.
- The Customer also agrees that USG Professionals can use customer data for trend analyses and anonymous questionnaires.
Do you have any questions or would you like to receive a tailored offer? Then contact USG Professionals on number +32 (0)3 800 40 20 or via firstname.lastname@example.org