Terms of Use

These Terms govern the access of the Users to and use of this Website. By accessing and using this Website Users agree that they have read and accept these Terms and that they shall apply to their use of the Website. If a User does not wish to be bound by these Terms, he/she must leave the Website.

1. Definitions

“BRAS” means the Belgian Regulatory Affairs Society vzw
“Personal Data” means any personal information provided by the User via the Website.
“Terms” means the present terms of use of the Website.
 “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires.
“Website” means the website located at the following address www.bras-org.be or any subsequent URL which may replace it.
 

2. Access to the Website

BRAS provides the User with access to the Website in accordance with the present Terms.
 

3. Obligations of the Users

The User:

  • agrees not to use (any part of) the Website for any illegal purposes;
  • agrees to use the Website in accordance with all applicable laws;
  • undertakes not to upload or transmit on the Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
  • undertakes not to upload any illegal content on the Website nor post any material which is defamatory, offensive or obscene;
  • shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
  • will not use the Website in any manner which infringes or damages the rights of any individual or company, including but not limited to intellectual property rights or breach of confidentiality obligations;
  • will not create or publish any hypertext link to any part of the Website or attempt any unauthorised access to any part of the Website that would be restricted.

 

4. Liability of the Users

The Users agree that they are fully responsible for, and will fully indemnify BRAS against, all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by BRAS, and arising out of any breach of these Terms by the User or any other liabilities arising out of the use of the Website, or the use by any other person accessing the Website using the User's PC or internet access account.

 

5. Rights of BRAS

BRAS reserves the right to:

  • modify or withdraw, temporarily or permanently, (any part of) the Website with or without notice to the User and the User confirms that BRAS shall not be liable to the User or any third party for any modification to or withdrawal of the Website; and
  • change these Terms from time to time. The User shall be notified of any change of these Terms. The User's continued use of (any part of) the Website following such notification of change shall be deemed to be the User's acceptance of such change. If the User does not agree to any change to these Terms, then the User must immediately stop using the Website.

BRAS will use reasonable efforts to maintain the Website. The Website is subject to change from time to time. The User will not be eligible for any compensation because the User cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond BRAS' control.

 

6. Third party links

BRAS provides third party links on the Website. The User acknowledges and agrees that BRAS is not responsible for the availability of such external third party sites or resources and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative, misinformation or defamatory content) of such third party websites, including but not limited to any advertising, products or other materials or services on or available from such third party websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, information, goods or services available on such third party websites or resources.

 

7. Intellectual property rights

The User acknowledges and agrees that all intellectual property rights, including but not limited to copyright, database right, trade marks, patents, design and model rights and all other property rights in all material or content provided on the Website shall remain at all times the property of BRAS, service providers and other licensors. The User is permitted to use this material only as expressly authorised by BRAS for the sole purpose of accessing and using the Website.
The User is not allowed to use BRAS’ trade marks or logos without BRAS explicit prior written consent. Every use of the BRAS’ trademark or other intellectual property rights will have to be submitted, in each individual case, for approval prior to use.
The User agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display (including by caching, framing or similar means), distribute, commercially exploit or create derivative works of the material and content within the Website.
The Users declare and represent that they are the owner of any intellectual property rights on the content that they can submit on the Website and they acknowledge and agree that BRAS will be entitled to use such content for any purpose whatsoever. 

 

8. Limitation of liability

While BRAS uses reasonable efforts to verify the accuracy of any information it places on the Website, BRAS make no warranties, whether express or implied in relation to its accuracy.
The User acknowledges and agrees that BRAS cannot guarantee and therefore shall not in any way be responsible for the availability, security or privacy of the Website and any information provided to or taken from the Website by the User.
BRAS will not be liable in contract, tort or otherwise if the User incurs loss or damage connecting to the Website through a third party's hypertext link.
BRAS will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by BRAS, or on its behalf for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect or consequential losses;

in any case whether or not such losses were within the contemplation of BRAS or the User at the date on which the event giving rise to the loss occurred.

 

9. Information provided by the Users on the Website

Certain sections of the Website can request from the Users to interact, file certain data and post certain information, documents and/or comments.
The User can also be requested to log in on the Website in order to interact with BRAS.
When a User logs in:

  • he/she must provide accurate, comprehensive and up to date information;
  • he/she must secure his/her username and password recorded on the Website; username and password are strictly personal and the User is responsible for any misuse of his/her username and password; and
  • he/she authorises BRAS to assume that any person using the Website with his/her username and password is either the User, either someone who is authorised to act on the User’s behalf.

 

10. Accessibility of the Website

The User acknowledges that (i) it is technically impossible to guarantee that the Website be exempt from default; (ii) the default can result in the temporary or definitive unavailability of the Website; and (iii) the running of the Website can be affected by independent events beyond BRAS’ control, such as for example the means of transmission or communication. 
BRAS will be able, at any time and without having to provide any justification, to modify or interrupt, temporarily or indefinitely, all or part of the Website or to stop some functionalities of the Website.

 

11.    Use of cookies

The Users acknowledge and agree that BRAS can use « cookies » when they use the Website.
What are cookies and why does the Website use cookies ? Cookies are small files that are placed on a computer or mobile device when a User uses a website. They are used to allow the Website to run properly and to provide certain information to the owners of the website.
Certain cookies are deleted when the User closes a window. Other cookies can remain on the computer or mobile device until they are deleted by the User. Cookies can remember the Users’ visits on a website.
For further information on cookies, including the way you can manage or delete them, please consult the following link: www.allaboutcookies.org.
BRAS uses cookies for the following purposes: 

  • Analyses: analytic cookies allow to recognise, measure and track the Users of the Website anonymously. The information collected includes the number of users of the Website and the pages that are consulted. These cookies help to improve the way the Website runs, e.g. by determining whether the Users can find information easily.
  • Preferences: certain cookies are active when the Users make a choice regarding the use of the Website (e.g. the language)
  • Conditions of use: BRAS uses cookies to register when a User has acknowledged and accepted these Terms.
  • Management of session: cookies are also used for technical reasons.  

In order to use the Website properly, the User has to accept the use of cookies on his/her computer. If a User wishes to delete cookies installed by the Website, it could have a negative impact on the use of the Website.
Cookies of third parties. When a User uses the Website, third parties can install cookies on his/her computer. BRAS does not control the installation of such cookies. BRAS therefore suggests that the Users check from third parties websites, such as Google, the terms of use of the cookies.

 

12. Personal Data

Collection of Personal Data of the User. BRAS reserves the right to collect and process the following Personal Data of the Users:

  • Information that the Users provide through the Website, including for example name, first name, private and professional addresses, etc.;
  • If a User contacts BRAS, BRAS can process the Personal Data relating to the correspondence;
  • Details of the use of the Website and materials and pages that the User consulted.

Use of Personal Data of the User. BRAS can use the Personal Data for the following purposes:

  • In order to facilitate the contacts between the Users and BRAS, including to guarantee that the content of the Website is presented as efficiently as possible;
  • To communicate information that the Users requested when using the Website;
  • To inform the Users about the changes brought to the Website (e.g. the Terms) and to ensure the accuracy and relevancy of the content of the Website;
  • For internal purposes, including to identify and analyse the lawfulness of the use of the Website.

Communication and transfer of Personal Data. BRAS can communicate the Personal Data of the Users to services providers and contractors. BRAS shall however not transfer the Personal Data out of the European Economic Area. 
By using the Website, the User consents to the processing of his/her Personal Data and guarantees that the Personal Data are accurate, complete and up to date.
Security of Personal Data. BRAS takes – and requires from its providers to take – appropriate technical and organisational measures in order to protect the Personal Data against accidental or unlawful destruction, accidental loss, abuse, unauthorised access, divulgation or alteration, as well as against any other form of unlawful processing of the Personal Data.
However, the confidentiality of personal data via internet cannot be guaranteed.
Users’ rights. The Users have the right to access his /her Personal Data. The Users have also the right to request the rectification of the Personal Data that would be inaccurate by means of an e-mail sent to bras@bras-org.be.

 

13. General provisions

Severability. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver. Nothing shall be construed as a waiver by BRAS of any preceding or succeeding breach of any provision.
Entire Agreement. These Terms (as amended from time to time) contain the entire agreement between the Users and BRAS relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the Users and BRAS in relation to such matters. No oral explanation or oral information given by the Users and BRAS shall alter the interpretation of these Terms.
Applicable law and jurisdiction. These Terms will be exclusively governed by and construed in accordance with Belgian law. Any litigation resulting from the use of the Website shall be submitted to the exclusive jurisdiction of the courts of Brussels.