Terms of Use

Updated 22 August 2022

Use of this website of ITMA Services n.v. (“ITMA”, see contact information below) constitutes your acceptance of these terms of use, which take effect immediately on your first use of the website.

Introduction

The purpose of these terms of use (the “Terms of Use”), is to set out the rights and obligations in relation to the ITMA website (the “Website”), including all its applications and ITMA-related platforms (online and offline) such as ITMAconnect and any other future platforms listed in the Website (each an “Application”) and the use thereof, in order to ensure the integrity, security, reliability and privacy of the Website, the Applications and the Content (as defined below) made available to the users.

Applicability of the Terms of Use and right to modify

Upon acceptance of these Terms Of Use together with ITMA’s Privacy Notice (the “Privacy Notice”, available here), you, being the user of the Website and/or any Application (“you” and/or “user”), certify that you have read, understand and agree to be bound by the Terms of Use and the Privacy Notice, and that the Terms of Use and the Privacy Notice will form a binding agreement between you and ITMA. The Terms of Use and the Privacy Notice govern your access to and use of the Website, the Applications, including all content (such as text, information) made available to you or by you through the Website and/or the Applications. ITMA is willing to grant access to the Website and the Applications only to those users who unconditionally accept these Terms of Use and the Privacy Notice, in the latest version. If you do not unconditionally accept these Terms of Use and the Privacy Notice, in the latest version, you do not have permission to access this Website, nor the Content thereof nor the linked Applications, and you are required to stop any use thereof.

Specific Applications may be subject to specific terms (most notably the ITMAconnect Application and the related terms, which are subject to Swiss law). In such cases, these Terms of Use apply on a supplementary basis and unless otherwise stated in such specific terms. ITMA reserves the right to change, modify, add, or delete all or portions of these Terms of Use at any time at its sole discretion. By continuing to use the Website and/or any Application, you agree to be bound by the updated version.

User account – registration and security

When using the Website and/or the Application, you agree to:

provide accurate, current and complete information about you as may be prompted by any registration forms on the Website and/or Application (“Registration Data”);
maintain the security of your password and identification;
maintain and promptly update the Registration Data, and any other information you provide to ITMA, to keep it accurate, current and complete; and
be fully responsible for all use of your account and for all actions that take place using your account, including the confidentiality of your account and password. You therefore represent and warrant that you will at no time communicate your identification or password to a third party unless duly authorized to do so by ITMA, and that you will not make password or credentials visible to the public in any manner whatsoever, and that you will not disclose any content or component of your account or information from ITMA to a third party. If you become aware of such knowledge or use by a third party, it is your responsibility to
- change your password and other needed credentials immediately, and
- to promptly inform ITMA (preferably via e-mail).

Intellectual property rights

All rights, including (without limitation) copyright and database rights, pertaining to the Website and the Applications are owned by or licensed to ITMA or otherwise used by ITMA as permitted by applicable law.

All content available on the Website and/or Applications (including trademarks, tradenames, designs, text, graphics, pictures, information, applications, software, sound and other files, and their selection and arrangements, collectively the “Content”) are the exclusive property of ITMA (or its licensors), unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, download, display, transmit, or sell in any form or by any means, in whole or in part, of any of the Content without ITMA’s prior written consent.

ITMA hereby grants you a limited license to access and use the Website, the Applications and the Content, within the following limitations:

In accessing ITMA’s Website and/or Applications, you agree that you will access the content solely for your own purposes (excluding those of third parties).
You can download and use the Website, Applications and/or Content on a single device at a time, and you can print out a single hard copy of any part of the Content for your personal use.
You may not upload Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation.
You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of theWebsite and/or Application without the prior written permission of ITMA or in accordance with the Belgian copyright legislation (Belgian Commercial Code, book XI, chapter 2, title 5)”.

The licence is subject to these Terms of Use and any use of the Website, Application or the Content other than as specifically authorised herein, without the prior written permission of ITMA, is strictly prohibited and will terminate the licence granted. This license is revocable at any time without prior notice, at ITMA’s sole discretion. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any ownership right.

User conduct

You are responsible for all activity occurring through your account and you represent that you shall abide by all applicable legislation in connection with the use of the Website and/or the Applications, including those related to data privacy and intellectual property. In the event that you suspect a breach of security, including without limitation any unauthorised access of your account, you are required to notify ITMA ([email protected]) as soon as possible.
You undertake as follows: not to use the Website, the Applications and the Content (1) illegally and/or for illegal purposes; (2) not to damage, modify, interrupt, stop it or impair its efficiency; (3) to disseminate or install computer viruses nor to disseminate or install material that is insulting, obscene, threatening or otherwise not in accordance with the intended use of the Website and the Applications; (4) not to infringe third-party or our rights to privacy, protection of personal data or intellectual property; (5) to disseminate or install material for marketing or advertising purposes without requesting our prior approval and only insofar as the recipient has requested the said material.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website and/or the Applications will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.
Where you are invited to submit any contribution to this Website or the Applications (including without limitation any text, graphics, video or audio) you are required by such submission to grant ITMA a perpetual (i.e. for the entire duration of the applicable rights), royalty-free, non-exclusive, transferable, sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in ITMA's Privacy Notice. If you do not wish to grant such rights to ITMA, do not submit your contribution to this Website or the Applications. By submitting your contribution to this Website or the Applications, you also:
- Warrant that such contribution is your own original work and that you have the right to make it available to ITMA for all the purposes specified above;
- Indemnify ITMA against including but not limited to all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and
- Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on ITMA Website and/or the Applications and the other purposes specified above.

Data protection

The Privacy Notice of ITMA shall be applicable when downloading and using the Website and/or the Applications. The Privacy Notice explains ITMA’s policies for the collection, use, and disclosure of your personal data. This Privacy Notice applies in combination with these Terms of Use and can be read here. In case of conflicting terms, the terms of the Privacy Notice have priority.

Liability

This Website, the Applications and the Content are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
In no event will ITMA be liable for any indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Website or the Applications. ITMA does not warrant that the functions contained in the material contained in this Website or the Applications will be uninterrupted or error free, that defects will be corrected, or that this Website or the Applications or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials.
Under no circumstances will ITMA be responsible for any consequences resulting from your use of the Website, an Application or any of the Content, or from any interaction between users.
ITMA shall not be liable for any failure or unavailability of the Website or Applications as a result of maintenance, the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.

General provisions

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that Term of Use is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable. Any invalid provisions shall be replaced by provisions which come as close as possible to the objective intended by the parties.

Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Belgium. Disputes arising here from shall be exclusively subject to the jurisdiction of the Dutch-speaking courts of Brussels, Belgium.

ITMA Services n.v.
Address: BluePoint Building, August Reyerslaan 80, B-1030 Brussels, Belgium
Company number: 0635.769.771
RPM-RPR: Brussel (Nederlandstalig-Néerlandophone)
Email: [email protected]
Website: www.itma.com