Conditions of use
TERMS OF USE APPLICABLE TO THE WEBSITE
www.contractsmastermind.com
ARTICLE 1: INTRODUCTION
Welcome to www.contractsmastermind.com, (hereinafter referred to as the “Website” or “Site”), a website managed and operated by ADVINCI S.R.L., (hereinafter referred to as “ADVINCI”), registered with the ECB under number 0841.309.308 and established at the following address: Belgium, 1160 BRUSSELS, Avenue des Volontaires 19.
The purpose of the Website is to sell and promote online training programs in the field of legal education that are exclusively owned under copyright laws by LBS SRL, (hereinafter referred to as “LBS”), registered with the ECB under number 0895.438.276 and established at the following address: Belgium, 1050 BRUSSELS, Louizalaan 500.
ADVINCI is operating as an independent intermediary to promote and to sell the online training programs through the Site managed and operated by ADVINCI.
These Terms of Use, (hereinafter referred to as “TOU”), govern your access to and use of the Website and all related services.
They constitute a legal contract between you, as a user of the site, and ADVINCI or if you act as purchaser of the online training programs between you as purchaser and LBS as seller.
By accessing, browsing or using the Site in any way, You acknowledge that you have read, understood and agree to be bound by these TOU.
ARTICLE 2: DEFINITIONS
Within the framework of these TOU, the following terms and expressions, when used with a capital letter, shall have the meaning described below:
– “User(s)”: refers to any person who accesses and uses the Site, regardless of whether or not they are registered on the Site.
– “Content”(s): includes, without limitation, text, images, videos, documents, trainings, information and any other material available on the Site, whether provided by LBS, ADVINCI, Users or third parties.
– “Personal Data”: means any information relating to an identified or identifiable natural person, as defined in the General Data Protection Regulation (GDPR).
– “Privacy Policy”: refers to the document detailing how Personal Data is collected, processed and stored by ADVINCI, accessible on the Site.
– Service(s)”: refers to all functionalities, applications, information and services offered by ADVINCI through the operation and management of the Site.
– ‘’We’’: ADVINCI and LBS.
– ‘’You’’: any user of the site or any purchaser of the online programs sold via the Site.
ARTICLE 3: SCOPE
These TOU apply to all Users of the Site accessible via the URL and all its sub-domains. They govern access to and use of all features, services, content, technologies and applications offered on the Site.
- a) Users concerned: The TOU apply to all visitors, registered and unregistered users, customers, business partners and any other individual or entity interacting with the Site.
- b) Services Covered: The TOU govern the use of all Services offered by ADVINCI, including, but not limited to, information, communication, content download, social interaction and e-commerce services.
- c) Exclusions: The TOU does not apply to third-party services that may be accessible from the Site, which are subject to their own terms of use. ADVINCI is not responsible for the practices, policies or TOU of such third-party services.
- d) Modifications and Updates : ADVINCI reserves the right to modify or update the Services offered on the Site at any time without notice. Such modifications may include the addition, deletion or alteration of features, content or Services available on the Site. Any use of the Site after such modifications implies tacit acceptance of the updated TOU.
- e) Acceptance of the TOU: Use of the Site constitutes the User’s explicit acceptance of these TOU. If a User does not agree with any of the provisions of these TOU, he/she must immediately cease all use of the Site.
- f) Duration and Termination: These TOU remain in effect for the duration of the User’s use of the Site. ADVINCII reserves the right to terminate a User’s access to the Site in the event of non-compliance with the TOU, without prejudice to its right to claim damages.
- g) Additional terms and conditions: in the event of any purchase of a training program via the Site, the General Terms and Conditions of Sale governing any sales of program via the Site shall apply in addition to the present TOU. In the event of any conflict or contradiction between the present TOU and the General Terms and Conditions of Sale that are available on our website, the General Terms and Conditions of Sale shall take precedence.
ARTICLE 4: CONDITIONS OF ACCESS AND USE
- a) Access to the Site: In principle, access to the Site is available to Users 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, for maintenance purposes or in the event of force majeure. ADVINCI may not be held liable for any damage whatsoever resulting from the unavailability of the Site.
- b) Registration and User Account: To access certain services or features of the Site, the User may be required to create an account. The User undertakes to provide true, accurate and complete information when registering and to keep it up to date. The User is responsible for maintaining the confidentiality of User IDs and passwords associated with his or her account. Any use of a User’s account is deemed to have been made by the User himself.
- c) Compliant Use of the Site: The User undertakes to use the Site in accordance with its purpose and not to engage in illegal activities, to violate the rights of ADVINCI, LBS or third parties, and not to offend against public order and morality. This includes, but is not limited to, the prohibition of disseminating illegal, defamatory, offensive or discriminatory content.
- d) Responsibility of the User: The User is solely responsible for his or her use of the information, content and services accessible via the Site. Any improper use or use that does not comply with these TOU may result in suspension or termination of the User’s account, without prejudice to ADVINCI’s or LBS’s other rights and remedies.
- e) Modifications to Site Information: ADVINCI and LBS reserve the right to modify, add or delete information, Content or Services offered on the Site at any time, without entitling the User to any compensation whatsoever.
- f) Intellectual Property: The User undertakes to respect the intellectual property rights relating to the Content and the Services provided by ADVINCI, LBS and by third parties on the Site. Any unauthorized reproduction, representation, modification or distribution of the contents of the Site is strictly prohibited.
ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS
- a) Rights to the Site and its Content: All elements making up the Site, such as texts, graphics, logos, images, photographs, videos, sounds, as well as the underlying technology, are protected by intellectual property rights and are the exclusive property of ADVINCI, LBS or its partners. These elements are subject to current legislation on copyright, trademark law and/or other intellectual property rights.
- b) Authorized use: LBS and ADVINCI grant the User a limited, non-exclusive and non-transferable license to access, display and use the Contents of the Site for personal and non-commercial use. Any other use of the contents of the Site without the prior written authorization of LBS or ADVINCI is strictly prohibited.
- c) Prohibition of Counterfeiting: The User is prohibited from copying, modifying, creating a derivative work, assembling, decompiling, assigning, sublicensing or transferring, in any manner whatsoever, all or part of the elements or contents of the Site, except as expressly provided for in these TOU.
- d) Respect for Third Party Rights: ADVINCI and LBS respect the intellectual property rights of others and asks its Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact ADVINCI with the detailed information requested by writing an email to the following address: privacy@advinci.be.
- e) Reporting Infringements: In the event of any infringement of intellectual property rights, ADVINCI will take such action as it deems appropriate, including, without limitation, removing the offending content and terminating the accounts of Users responsible for such infringements.
- f) ) User contributions: If the User submits, publishes or displays content on the Site, the User warrants that he/she has all necessary rights to grant ADVINCI a license to use such content. This license is worldwide, non-exclusive, free and sub-licensable for the use, reproduction, modification, adaptation, publication, translation, creation of derivative works, distribution, display of such content throughout the world.
ARTICLE 6 : PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
- a) Commitment of ADVINCI: ADVINCI undertakes to respect the confidentiality of Users’ personal data collected when using the Site. All personal data is processed in accordance with current legislation, in particular the General Data Protection Regulation (RGPD) and any other applicable data protection laws.
- b) Collection of Data: Personal data may be collected when registering on the Site, using the services, browsing the Site, or when contacting ADVINCI. This data may include, but is not limited to, name, e-mail address, postal address, telephone number or any information transmitted to or collected by ADVINCI.
- c) Use of Data: Personal data collected is used to provide and improve Site services, manage User accounts, communicate with Users, process transactions, and for marketing purposes, in compliance with applicable laws.
- d) Sharing Data with Third Parties: ADVINCI may share Users’ personal data with third parties, in particular business partners or service providers, for the purposes of operating the Site, responding to Users’ requests, or in connection with commercial transactions. All data sharing is carried out in compliance with confidentiality and current legislation.
- e) Data security : ADVINCI takes all necessary measures to ensure the security and confidentiality of personal data collected. However, data transmission over the Internet cannot be guaranteed to be totally secure.
- f) Users’ rights: In accordance with current regulations, Users have the right to access, rectify, delete and port their personal data, as well as the right to oppose and limit the processing of such data. Users may exercise these rights by contacting ADVINCI at privacy@advinci.be.
- g) Privacy Policy: For more information on how ADVINCI collects, uses, shares and protects personal data, please consult the Privacy Policy available on the Site.
ARTICLE 7: RESPONSBILITY AND WARRANTIES
- a) Responsibility of ADVINCI: ADVINCI undertakes to ensure the proper operation and security of the Site within the limits of an obligation of means. ADVINCI does not warrant that the Site will be free from defects, errors or bugs, or that defects, errors or bugs will be corrected, or that the Site will operate without interruption or failure, or that the Site is compatible with any particular hardware or configuration.
- b) Responsibility of LBS: LBS undertakes to provide training programs, materials, videos, exercises, and quizzes, that are strictly and exclusively for educational and informational purposes. While LBS aims to provide valuable learning experiences that can enhance your understanding of contract law and related subjects, LBS offerings are not tailored to address specific legal issues you may be facing as their application can change and vary based on specific facts and circumstances. While we constantly strive to ensure that the information provided through our website and training programs is current and accurate, laws and regulations change frequently. Therefore LBS does not guarantee the completeness, reliability, or accuracy of any information provided and will not be liable for any inaccuracies, errors, or omissions in the content of the Training Course(s) or other related materials, products and services provided via the Site.
- c) NO WARRANTIES: THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY). WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
- d) Responsibility of the User: The User is solely responsible for his or her use of the information and Services accessible on the Site, and for any consequences arising therefrom, in particular with regard to any decisions or actions he or she may take or conduct on the basis of such information or services. The User is also responsible for protecting his or her computer equipment against any form of virus contamination or attempted intrusion.
- e) Limitation of Liability: EXCEPT IN THE EVENT OF FRAUD, WISFULL MISCONDUCT AND INTENTIONAL WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT IN THE EVENT OF FRAUD, WISFULL MISCONDUCT AND INTENTIONAL FAULT OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR ENROL TO ANY TRAINING PROGRAM SOLD VIA THE WEBSITE OR EUR 1.000.000 (THOUSAND EUROS).
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- f) User content: ADVINCI or LBS cannot be held responsible for content published by Users, who assume full legal and moral responsibility for their publications.
ARTICLE 8: MODIFICATION OF SERVICES
- a) Right of Modification: ADVINCI reserves the right to modify or interrupt, temporarily or permanently, all or part of the Site and the services offered, at any time and without notice. This includes updates, content modifications, the deletion of functionalities, or the addition of new services.
- b) Notification of Changes: Any material changes to the services or these TOU will be announced on the Site or by other means of communication such as email. Users are encouraged to consult the TOU regularly to keep abreast of any changes.
- c) Acceptance of Modifications: Continued use of the Site by the User after any modification of the services or the TOU constitutes tacit acceptance of these modifications. If the User does not agree with the modifications made, he/she must stop using the services and the Site.
- d) Consequences of Modification: ADVINCI shall not be liable to the User or any third party for any modification, suspension or interruption of the services or the Site.
- e) Technical updates: ADVINCI may make technical updates to the Site without prior notice. Such updates may result in a temporary interruption of services, and ADVINCII will endeavor to minimize the impact of such interruptions on Users.
- f) Archiving of previous versions of the TOU: Previous versions of the TOU will be archived and accessible on request. It is the User’s responsibility to consult and keep abreast of any changes to the TOU.
ARTICLE 9 : EXTERNAL LINKS AND THIRD PARTY CONTENT
- a) Links to Third Party Sites: The Site may contain links to other Internet sites that are not operated or controlled by ADVINCI. These links are provided as a convenience to Users and do not constitute an endorsement, recommendation or approval of such sites by ADVINCI.
- b) Disclaimer: ADVINCI assumes no responsibility for the content, privacy policies, or practices of linked third-party sites. Access to these sites is at the User’s own risk. ADVINCI encourages Users to exercise caution and to read the terms of use and privacy policies of third-party sites visited.
- d) Transactions with Third Parties: Any transaction or interaction between the User and a third party, including payments and deliveries of goods or services, as well as any other conditions, warranties or representations associated with such transactions, are solely between the User and the relevant third party. ADVINCI accepts no liability for any dispute, loss or damage arising from such transactions or from the presence of such third parties on the Site.
- e) Disclaimer: ADVINCI assumes no responsibility for any harm or damage that may result from access to or use of content, products or services available on third-party sites or resources.
ARTICLE 10: INTERRUPTION AND SUSPENSION OF SERVICES
- a) Right to interrupt or suspend: ADVINCI reserves the right to interrupt or suspend, temporarily or permanently, access to the Site or any of its services, for maintenance, updating, or any other reason deemed necessary, including, but not limited to, violations of the TOU or illegal activities.
- b) Notification: Whenever possible, ADVINCI will notify Users prior to any interruption or suspension of service. However, such notification is not guaranteed and may depend on the urgency or nature of the interruption or suspension.
- c) Limitation of Liability: ADVINCI shall not be liable for any damage or loss resulting from the interruption or suspension of the Site or any of its Services, whether voluntary or resulting from circumstances beyond its control.
- d) Restricted access: ADVINCI reserves the right to restrict access to some or all parts of the Site, including the closure of User accounts, on the basis of criteria deemed relevant by ADVINCII, in particular in the event of suspected illegal activities or breach of these TOU.
- e) Data retention: In the event of suspension or closure of a User account, ADVINCI reserves the right to retain the data associated with the account for a period of time in accordance with legal and regulatory requirements.
- f) Resumption of service: ADVINCI will make every reasonable effort to minimize the duration of any interruption and to restore service as soon as possible.
ARTICLE 11: LITIGATION AND APPLICABLE LAW
The present conditions are governed exclusively by Belgian law with the exclusion of any rules in relation to a conflict of law. In the event of any dispute, the courts of Brussels shall be competent.
ARTICLE 12: MISCELLANEOUS PROVISIONS
- a) Entire Agreement: These TOU represent the entire agreement between the User and ADVINCI concerning the use of the Site. They supersede all prior agreements, proposals or communications, whether written or oral, relating to this subject matter.
- b) Severability: If any provision of these TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that comes as close as possible to the original intent.
- c) Assignment: The User may not assign or transfer its rights or obligations under these TOU without the prior written consent of ADVINCI. ADVINCI may assign its rights and obligations under these TOU without restriction to LBS or any other third party.
- d) Communications: All communications between ADVINCI and the User in connection with these TOU shall be in writing and sent either by email or by regular mail to the addresses provided by the User or indicated on the Site.
ARTICLE 13: CONTACT DETAILS AND COMMUNICATION
- a) Contact details of ADVINCI: For any question relating to these TOU, or for any request for information concerning the Site, Users may contact ADVINCI at the following address:
– Postal address: Avenue des Volontaires 19, 1160 Auderghem, Belgium.
– Email : privacy@advinci.be
- b) Customer Service: Our customer service is available to answer your questions, complaints or to provide assistance concerning the use of the Site. Please do not hesitate to contact us at the above address.
- c) Complaints: In the event of a complaint, please provide a detailed description of your problem or concern so that we can respond effectively.
- d) Feedbacks and Suggestions: ADVINCI appreciates feedback and suggestions from Users regarding possible improvements to the Site and its services. Please do not hesitate to contact us to share your ideas.
- e) Official Communication: All official communications between ADVINCI and Users will be made through the means of contact specified in this section, unless otherwise specified in these TOU.
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