1 LEGAL INFORMATION
The https://www.trevi.be site you are using (hereinafter the “Site”) is published by : TREVI SA, whose registered office is located at Rue Vilain XIIII, 53-55, 1000 Brussels, with VAT/BCE number: (BE) 0420.418.982 (hereinafter “Trevi” or “We”) (@: email@example.com – T: +32 (0)2 343 22 40 – F.: +32 (0)2 343 67 02). Trevi is supervised by the Institut Professionnel des Agents Immobiliers (“IPI”), rue du Luxembourg 16b, 1000 Brussels. It is licensed as a real estate agent in Belgium under IPI no. 508167, and is subject to the IPI Code of Ethics, approved by Royal Decree of September 27, 2006.
2 PURPOSE OF THE TERMS AND CONDITIONS
The purpose of these General Conditions of Use of the Site (“GCU”) is to define the conditions applicable to any use of the Site, principally access to and use of the Site by any user (“You”). Use of the Site implies unreserved acceptance of the GCU, which you acknowledge having read and understood. If you do not accept the GTU, you may not use the Site and are requested to disconnect immediately.
The GCU are posted online and may be consulted at any time on the Site. They may be modified at any time by, without prior notice, according to modifications made to the Site, changes in legislation or for any other legitimate reason. Any modification to the GCU will become effective 7 days after it is posted online.
3 TERMS AND CONDITIONS OF ACCESS TO THE SERVICE
You may only use the Site and the information it contains for your own private use, in compliance with applicable laws and regulations and with the GCU. Any commercial use or extraction of the Site or the information it contains is prohibited, except with the prior written authorization of Trevi.
Access to your private area “My Trevi” is reserved for you after identification using your login and password. You are free to choose your username and password in accordance with Trevi’s security constraints. You remain solely responsible for the information transmitted to Trevi and stored on your private space “My Trevi”. You may add, modify or remove this information at any time. You acknowledge that your password is strictly personal and confidential and you undertake to take all necessary measures to maintain this confidentiality, including regularly changing your password. Your use of your login and/or password on other websites is at your own risk. Trevi cannot be held responsible in the event of fraudulent access to your “My Trevi” private area, changes made to your “My Trevi” private area by an unauthorized third party or actions carried out from your “My Trevi” private area by an unauthorized third party.
Trevi reserves the right to delete or suspend your “My Trevi” private area on its own initiative and at its sole discretion. This voluntary deletion or suspension may be the result of the account not being used for a given period of time and/or a temporary measure taken by Trevi against a suspect account. Trevi shall not be liable for any damages whatsoever caused by such deletion or suspension. Insofar as you request Trevi to supply digital content, you agree to immediate performance of the contract and waive your right of withdrawal.
4 WARRANTY AND LIABILITY
The Site and its content are provided “as is” and without warranty of any kind, either express or implied, as to their quality, conditions of use and/or availability.
4.1 Quality of information and content
Trevi is bound only by an obligation of means with respect to the quality of the content of the Site; in this respect, it bears no obligation of result of any kind whatsoever. In general, Trevi does not guarantee the completeness, exhaustiveness, accuracy, legitimacy, reliability or availability of the content of the information and services offered on the Site and the “My Trevi” private area, particularly with regard to the real estate advertisements published there. Trevi makes every effort to provide you with quality content, but shall in no event be liable for any consequences whatsoever resulting from your use of the Site or the information contained therein.
More specifically, Trevi provides you on the Site with real estate listings that are as reliable as possible and updated regularly. Nevertheless, Trevi cannot be held responsible if errors are found in the content of the ad or if the property is no longer available at the time the ad is consulted. The advertisement does not constitute an offer in the legal sense of the term. The information will always be deemed “provisional”, so that it must always be confirmed by Trevi. The same principle applies to prices indicated on the Site or in the “My Trevi” private area.
The Site provides tools for simulating certain financial issues (calculating borrowing capacity, calculating property acquisition costs, calculating registration fees, applying for financing, etc.). All figures and examples are provided for information purposes only. Trevi cannot be held responsible for the inaccuracy of such data.
Acquisition costs are also provided for information only and Trevi cannot be held responsible for any inaccuracy in these costs. Some of the advertisements contain site plans to help you locate the exact property you are looking for. These maps are the exclusive property of the companies Trevi has contracted to provide mapping services. They may not be reproduced for any purpose other than making copies for purely private use. In addition, these maps may contain errors or inaccuracies for which Trevi or its contractors shall not be held liable.
Trevi makes reasonable and diligent efforts to maintain the security and operational integrity of the Site by adopting security measures appropriate to the nature of the data and the risks presented by its activity. Except in the case of wilful misconduct or gross negligence, Trevi may not be held responsible for any interruption of access to the Site or for any harmful consequences that may result for you or for third parties. In general, Trevi cannot be held responsible, except in the case of fraud or gross negligence, for damages (direct or indirect) resulting from incidents, temporary or permanent, which would affect your data or your computer equipment and which would have been caused by your access to the Site.
Trevi cannot be held responsible for fraudulent use of its Site and its services and declines all responsibility in the event of intrusion into its computer systems or theft of data, it being understood that Trevi undertakes to take reasonable measures to prevent such illicit intrusions.
Despite our efforts to ensure the accuracy of the information and/or documents provided on the Site or in the “My Trevi” private area, Trevi declines all liability of any nature whatsoever in the event of inaccuracy or failure to update any information, property proposal or any other document on the Site.
Except in the case of wilful misconduct or gross negligence, Trevi (including any of its affiliates, officers, directors, agents and employees) shall not be liable in contract or tort (including negligence) for any commercial loss you may suffer (loss of data, profits, sales, business, opportunities, goodwill, reputation or business interruption) arising directly or indirectly from the use of the Site or the services provided by Trevi.
Except in the case where Trevi has been duly informed of the existence of illegal content within the meaning of current legislation and has not acted promptly to remove it, Trevi cannot be held responsible for the content or actions (or lack of actions) of users of the Site or services.
Without prejudice to the foregoing, if Trevi is held liable, for any reason or cause whatsoever, by any court or competent authority, to you or any third party, for any act whatsoever, our liability shall not exceed EUR 250. This limitation of liability shall not apply in the event of fraud or gross negligence on the part of Trevi and in all cases where this would be contrary to applicable law.
5 YOUR LIABILITY TOWARDS THE PROVIDER
5.1 Your Content – liability
By communicating information to Trevi, whether via your private space “My Trevi”, by e-mail or in any other way, you warrant that you are using your true identity and that all information provided is, to the best of your knowledge, true, accurate, current and complete at the time you provide it to us. If you find that any of the information you have provided is incorrect or out of date, you undertake to notify us. Should you fail to do so, we cannot be held responsible for any consequences that may result.
When you submit information and content to us, such as photos, documents, descriptions, comments or reactions, whether via the firstname.lastname@example.org e-mail address, via the various tools enabling you to submit such information on the Site (in particular your “My Trevi” private space) or in any other way, you undertake to comply with all of these GCU as well as all applicable legal and regulatory provisions.
You acknowledge that you are solely responsible for the content posted online by you or via your “My Trevi” private space, and for any consequences that may result therefrom.
If you request an advertisement on the Site or if you post content protected by intellectual property rights (photo of a property, text, drawing, etc.), you guarantee that you are the author of this content or that you have received the necessary authorizations for its publication. You also guarantee that your content does not contravene morality or decency. In addition, when the content posted online is a photo representing an identified or identifiable person, you undertake to check beforehand that this person has given his or her consent, even if you are otherwise the author of the said photo.
5.2 Withdrawal/modification of content
You will indemnify Trevi against all claims and/or proceedings brought by third parties, of whatever form and nature, arising out of information provided by you or conduct by you in breach of these TOU or any applicable legal or regulatory provision. In this respect, you will be liable for all damages and interest awarded against Trevi, as well as any court costs and attorney’s fees that Trevi may incur. Trevi undertakes to inform you as soon as possible of any such claim and/or proceedings.
6 HYPERLINKS TO OTHER SERVICES
The Site may link to other services over which Trevi has no technical or content control. The existence of a hyperlink to another service does not constitute an endorsement of that service or its content.
Trevi declines all responsibility for direct or indirect damage resulting from the consultation or use of web services to which the Site refers or from information published on these services. Trevi also declines all responsibility for the processing of personal data on these services.
7 INTELLECTUAL PROPERTY
7.1 Trevi’s intellectual property
Subject to the content you publish, the Site considered as a whole and the various elements appearing on the Site (such as texts, photographs, catalogs, layouts, trademarks, logos, illustrations, specific software, videos) may be protected by intellectual property rights belonging to Trevi or its licensors. Where applicable, they have been the subject of a publication or distribution authorization or a right of use acquired from these third parties.
The logo, product names, services or company names mentioned on this Site may constitute trademarks, trade names, company names or be protected by other exclusive rights of their respective owners. You expressly agree to respect these exclusive rights.
Trevi only grants you a free, personal, non-exclusive, retractable and non-transferable right to access and use the Site and the “My Trevi” private area, subject to compliance with these GCU.
Subject to the exceptions provided for by law, you are prohibited, without this list being exhaustive: from modifying, copying, distributing, transmitting, broadcasting, publishing, licensing, transferring, selling, reproducing or having reproduced all or part of the information or services obtained from this Site, temporarily or permanently, by any process, known or unknown, on any medium, without the prior written consent of Trevi. Failure to comply with this prohibition may constitute an infringement of copyright, for which you may be held civilly and criminally liable.
Hypertext links to the Site are tolerated on condition that they refer to the home page and are not accompanied by any denigrating or defamatory remarks about the Site.
7.2 Your intellectual property
You grant Trevi a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, translate, distribute, adapt and communicate any content protected by intellectual property rights that you own and that you publish on the Site or send to us in any other way. This license is valid for the duration of the legal protection of the intellectual property rights concerned.
8 CONFIDENTIALITY AND RESPECT
You agree to treat as strictly confidential and not to pass on to third parties any commercial information (market analyses, comparisons, prices, images, etc.) sent to you by Trevi as a result of a specific request made by you to Trevi from the Site, the “My Trevi” private area or in any other way. You are also prohibited from using information obtained from the Site to abuse, harass or harm another person or to contact, promote, solicit or sell information about that person without that person’s prior explicit consent.
9 TREATMENT OF PERSONAL DATA
10.1 Evidence Agreement
You agree that we may exchange with you any information necessary for the management of the Site by electronic means. Any electronic communication between you and us is presumed to have the same evidential value as a written document on paper. The use of your private space “My Trevi”, protected by a unique identifier and a password, allows Trevi to consider that it is you who use the Site. Any communication or notification sent to this private area or to the e-mail address provided by you when creating (or updating) this private area shall be deemed to have been validly sent to you.
If one or more clauses of the GCU should be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, such situation shall not affect the validity of the remaining clauses. The null, invalid, illegal or unenforceable clause will be retroactively replaced by a valid and enforceable clause whose content is as close as possible to that of the original clause.
10.3 Entire agreements
These TOU and the Charter constitute the entire agreement between Trevi and you concerning access to and use of the Site and the “My Trevi” private area and supersede all prior communications, offers, proposals or correspondence, whether oral or written, between Trevi and you.
10.4 Force majeure
Notwithstanding any provision to the contrary, neither party shall be held liable for any delay in the performance or non-performance of its obligations resulting from events of force majeure (such as strike, war, earthquake, cataclysm of any kind, explosion, fire, heat release, flood as well as any other case of force majeure as this notion is defined in Belgian law).
10.5 Applicable law and competent courts
The GCU shall be governed by and construed in accordance with Belgian law. Any dispute arising out of or in connection with the use of this Site or the validity, interpretation, performance or non-performance of these TOU shall be subject to the exclusive jurisdiction of the Belgian courts of the judicial district of Brussels.