General conditions of use

General conditions of use


1. Preamble

1.1. The website www.ebenisrealestate.com (hereafter referred to simply as “the Site”) is the responsibility of SA EBENIS, which has a registered office located at 17 Route d’Esch in L-1470 Luxembourg (Siret number: 512 938 846 000 15 and intra-community VAT number: LU 191 459 20).

1.2. The purpose of the Site is to present and promote the activities of SA EBENIS, the company at the head of a holding of various companies active in project management, property development and construction.

1.3. Access to and use of the Site are subject to these general conditions of use (hereafter simply referred to as ‘the Conditions’), which all users (hereafter simply referred to as‘Users’) accept fully and without reservation.

 

2. Definitions

2.1. The following terms shall be interpreted in this sense:

      • Conditions: these are general conditions of use;
      • Site: Ebenis Real Estate’s website, accessible via the URL address www.ebenisrealestate.com;
      • Force majeure: any event such as fire, earthquake, power failure, explosion, civil unrest, governmental or regulatory measures, lack of equipment or materials, unavailability of a suitable means of transport, weather conditions, pandemic and lockdown, strike or any other situation that may compromise the performance of the service, acts or omissions of third parties (except subcontractors), or any other cause beyond the reasonable control of the Party invoking it and which cannot be overcome by the adoption of reasonable measures;
      • Indirect damage: the consequences of direct damage including, but not limited to, financial or commercial prejudice, operational problems, increased costs and overheads, loss of profits, loss of brand image, delays or disruption of projects or activities, as well as the loss of data and consequences derived from such losses;
      • Intellectual property rights: all patents, copyrights, design rights, trademarks, trade names, business secrets, know-how, sui generis database rights and other intangible rights and all applications thereof, anywhere in the world;
      • User: any natural person accessing the Site;
      • Party: refers to either of the two Parties;
      • Parties: refers to both Parties.

2.2. Unless specified to the contrary, plurals imply the inclusion of singulars and vice versa.

2.3. Any defined terms are to be understood acording to their common meaning.

 

3. Acceptance and alterations of the Conditions

3.1. Use of the Site implies full and complete acceptance of these Conditions.

3.2. The User acknowledges they have read and accepted these Conditions.

3.3. EBENIS SA reserves the right to adapt or modify them at any time in order, in particular, to take into account any legal, jurisprudential or technical developments.

Any modification will take effect immediately as of the date on which the new version of the Conditions is put online on the Site.

 

4. Use of the Site

4.1. The Site is accessible to all and enables Users to find out about the activities of various companies working in the fields of project management, property development and building works, which are part of the holding company SA EBENIS.

4.2. The User undertakes to use the Site in accordance with the relevant laws in force as well as these Conditions.

4.3. The User undertakes not to transmit any information or data which is defamatory, abusive, obscene, violent or inciting to violence, sexist, political, racist or xenophobic in nature and, in general, any text which is contrary to the laws and regulations applicable in Belgium, or contrary to the rights of individuals and to accepted standards of behaviour.

4.4. Any User who does not comply with all or part of the legislation and regulations in force, or with the rights of third parties, will be entirely and exclusively responsible for consequences of any kind that may ensue.

4.5. The User is solely responsible for his/her use of the Site and the consequences of such use.

5. Obligations Relating to SA EBENIS

5.1. SA EBENIS makes its best efforts to ensure the proper functioning of and access to the Site 24 hours a day, 7 days a week.
However, the User understands and accepts that access to the Site may be temporarily interrupted for technical reasons, in particular in the event of maintenance, updating, or in the event of Force Majeure. SA EBENIS reserves the right to modify and/or temporarily or permanently interrupt all or part of the Site at any time.
Consequently, SA EBENIS may not be held liable in the event of lack of access to the Site, whether due to breakdowns, maintenance work or any other event.

5.2. SA EBENIS cannot be held responsible for any direct or indirect damage resulting from an interruption, malfunction or suspension of the Site, for any reason whatsoever, or for any direct or indirect damage resulting, in any way whatsoever, from a connection to the Site or from the particular use by the User of the data he/she consults and/or transfers on the Internet.

5.3. Data published on the Site comes from sources considered reliable. However, such data may contain errors. SA EBENIS reserves the right to correct erroneous data as soon as it becomes aware of it.

5.4. The User is, therefore, solely responsible for the use he/she makes of the data published on the Site.

 

6. Liability

6.1. SA EBENIS may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, attempted fraud by phishing (or similar techniques), misappropriation or theft of information, or any event deemed to be force majeure. Users are, therefore, strongly advised to install the necessary firewalls, anti-virus software and other protective software, in order to prevent any damage to their computers, and to exercise caution when communicating personal data.

6.2. EBENIS SA declines all liability in the event of a lack of interoperability between the User’s computer system (both hardware and software) and the Site made available to the User.

6.3. SA EBENIS declines all liability in the event of damage of any kind, whether physical or material, resulting from improper use or use contrary to the intended purpose of the Site provided by SA EBENIS.

6.4. Regardless of the service provided by SA EBENIS, SA EBENIS declines all liability with respect to:

    • Cases of indirect damage;
    • Cases of insufficient collaboration of the User in the execution of the Conditions;
    • Cases deemed as force majeure;
    • Cases of temporary or prolonged unavailability of the site.

 

7. Hypertext links and third-party sites

7.1. The Site contains links to the websites of EBENIS SA’s subsidiaries listed at the following address: legal notices as well as to third-party websites over which EBENIS SA has no control.

7.2. EBENIS SA declines all liability for the content or accessibility of these sites.

7.3. As soon as the User is redirected to a third party site, the conditions of use of the third party site in question apply in place and instead of the present Conditions which cease to apply. SA EBENIS advises the User to consult the general terms and conditions of these third-party sites.

7.4. In any event, the User accesses these third party sites under his/her own responsibility.

 

 

8. Intellectual property rights

8.1. SA EBENIS, or its subsidiaries, are the exclusive holders of all intellectual property rights on the Site, relating to all published content (in particular on the Site, graphic design and Site map, its design, drawings, drafts, preliminary drafts, interface, source code, texts but also the databases of SA EBENIS, its software, the name of EBENIS SA and its subsidiaries, their brands, logos, domain names, graphical elements and their assembly and any support that includes the elements and characteristics relating to the creations of EBENIS SA and its subsidiaries), and this applies to all countries.

8.2. The User may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the elements protected by Intellectual Property Rights held by SA EBENIS or its subsidiaries.

8.3. Any representation of the Site – whether total or partial – by any process whatsoever, without the express authorisation of EBENIS SA or its relevant subsidiary, is prohibited and constitutes an infringement which may incur the civil and criminal liability of its perpetrator. EBENIS SA and its subsidiaries reserve the right to take legal action against any infringement of its intellectual property rights.

 

 

9. Protection of personal data

9.1. EBENIS SA processes the User’s personal data in accordance with the applicable data protection legislation. For more information on how your data may be processed, please consult our data protection policy  and our cookies policy cookies policy.

 

10. Finale clauses

10.1. If any section of these Conditions is held to be illegal, invalid or unenforceable, either in whole or in part, under any applicable law or court order, that section will be deemed not to form part of the Conditions, without affecting the legality, validity or enforceability of the remainder of the Conditions. Each Party will use its best endeavours to immediately negotiate in good faith a valid replacement clause which retains, as far as possible, the economic balance and the intention of the Parties as reflected in the relevant clause.

10.2. No act, behaviour, tolerance or omission on the part of SA EBENIS or its subsidiaries may be interpreted as a waiver, even partial, on its part of the strict and complete execution of these general conditions of use.