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Terms of use

MyKot

LAST UPDATE 15/05/23

 

1.         General 

This Website (the "Website"): MyKot (name referring to www.mykot.be) allows access to and provides certain services that you use and/or participate in.

These terms and conditions (the "Terms") apply to the user's ("you", "your" or "yours") access to and use of the content offered to you by MyKot ("we", "us", "our") on this Website (the "Content").

The MyKot platform is co-managed by the non-profit organization Brik - Student in Brussel ("Brik"), registered with the Crossroads Bank for Enterprises under number 0464.281.788 and having its registered office at 1000 Brussels, Zavelput 20, and by the non-profit organization ABSL Plateforme Logement étudiant ("PLE"), registered with the Crossroads Bank for Enterprises under number 0506.675.835 and having its registered office at 1050 Brussels, Franklin Rooseveltlaan 50 Box 129-05.

You may only use the Website in accordance with these general conditions. We therefore ask you to read these conditions carefully, because by accessing and using the Website, you acknowledge that you have read and understood these conditions and agree to be bound by each of its provisions.

To contact us :

By post:         Zavelput 20 ? 1000 Brussel

By e-mail:        info@mykot.be

By phone: :    +32 2 211 05 40

 

2.         Intellectual property

2.1. This section contains important information about the content and information made available on the Website and restrictions on your use.

2.2. You acknowledge and agree that the content of the Website, or available on the Website, including data, databases, text, images, photographs, software and graphics (the "Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary and intellectual property rights. All such rights are expressly reserved.

2.3 Except as expressly permitted by these Terms of Use or as expressly permitted by law, you may not:

  • copy, publish, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile the Content; or 

  • delete, modify or otherwise render illegible the Content or otherwise use any material obtained from the Website; or

  • copy or use the Content for commercial purposes; or

  • remove, obscure or alter any copyright, trademark or other intellectual property right notices contained in the Content.

2.4. Except as otherwise provided, nothing in these Terms of Use shall be construed as granting an exclusive license or other assignment to you of any intellectual property or other proprietary rights of Brik, PLE or any third party. You may not sell, license, provide, loan or rent the Content to third parties or make the Content available in any form without the prior joint written consent of PLE and Brik.

2.5. The Website may also contain content that is not our property, but that of the respective authors. The above limitations also apply to such content.

3.         Privacy statement

The processing of personal data by Brik and PLE complies with the legal provisions on the protection of personal data and the provisions of the Brik and PLE privacy policy. You can consult the Privacy Policy for Brik and PLE here. The Privacy Policy is common to Brik and PLE who are jointly responsible for the processing of data within the framework of Website. This statement is intended for all users of the Website. The Privacy Policy is an integral part of these Terms.

4.         Cookie statement

Cookies or similar technologies are used on our Website(s). Cookies are small text files that your browser stores on your computer when you visit a Website. They are used, for example, to remember your preferences on a Website, to find out your IP address and location data or to be used for statistical purposes.

You can consult the Cookie Policy for MyKot here. The cookie policy is common to Brik and PLE, who are jointly responsible for the processing of data within the framework of the Website. This statement is intended for all users of the Website. The provisions are an integral part of these Terms of Use.

5.         Content of this Website

5.1. The content of the Website is provided for information purposes. It is your responsibility to ensure, before accessing and using the Website, that it is current and relevant to your needs. The content is periodically updated and/or amended and it is your responsibility to check the content regularly to ensure that you have the latest updates and/or amendments. Brik and PLE reserve the right to update and/or modify the Content at any time. By continuing to access and use the Content, you agree to such updates and/or changes.

5.2. While we endeavor to provide you with accurate Content, neither Brik and PLE nor its employees can give any warranty or assume any legal liability (to the extent specified by law) or commitment as to the suitability, reliability, timeliness, accuracy or completeness of the Content.

5.3. Due to local legislation, we may have to restrict access to the Content to certain persons or in certain countries. If such restrictions apply, it is your responsibility to ensure that you act lawfully when visiting the Website and its Content.

5.4. We shall not be held responsible for hypertext links created to other Websites, and in particular for the content of said Websites. We will not be held responsible for hypertext links to this Website and we prohibit any person from creating such a link without the express prior joint permission of Brik and PLE. You shall also not create a link to the Website for any purpose unless we have given you our express written permission to do so.

5.5. We also reserve the right to include advertisements of our choice on the pages of the Website.

 

6.         Liability

6.1. We use reasonable endeavors to ensure that the Website does not contain inaccuracies, errors, viruses, or defects; however, Brik and PLE do not guarantee that this is the case. Please read the following information which explains our liability in relation to your use of the Website.

6.2. Brik and PLE cannot guarantee that the Website will function without interruption or error. In particular, the operation of the Website may be temporarily interrupted to allow us to carry out maintenance and technical updates or improvements. We are also not responsible for any breakdowns or problems in accessing or using the Website caused by inadequate equipment or internet connections, insufficient bandwidth, or internet service provider, or for any other reason which cannot be attributed to us.

6.3. Brik and PLE shall not be liable for any loss of use, profit, data or any indirect, special or consequential loss or damage, whether such loss or damage arises in contract, negligence or tort, including (without limitation) any loss relating to:

  • your use of or reliance on the Website or any loss of content resulting from delays, non-deliveries, missed deliveries or service interruptions; and

  • any defects that may exist or for any costs, loss of profits or consequential losses arising from your use of or inability to use or access the Website, or from the failure or suspension of all or any part of the Website at any time; 

  •  failure by you or the companies or entities you represent to comply with the installation instructions for the Website software; and

  • force majeure. For the purposes of these Terms and Conditions, this includes events such as fire, explosion, transmission network failure, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike or boycott.

6.4. To the extent permitted by applicable law, we provide this Website and its contents on an "as is" basis and we disclaim any implied, statutory or other conditions, representations or warranties contained in these terms of use.

7.         Compensation

7.1. The compensation due by Brik and PLE if their liability is incurred shall be limited to direct, personal and certain damage, to the express exclusion of any indirect damage. Under no circumstances may the company be held liable for indirect damages, i.e. all those that do not result directly and exclusively from the event giving rise to liability, such as, in particular, commercial damage, loss of earnings, loss of turnover, loss of orders, damage to brand image, or any commercial disturbance.

7.2. You shall hold Brik and PLE harmless from any third-party claim upon request and shall indemnify Brik and PLE for any loss, cost, action, suit, claim, damages, expenses (including reasonable legal fees and costs), incurred or sustained directly or indirectly by Brik and PLE as a result of your access to or use of the Website or your breach or non-observance of these Terms.

8.         Modification of the Terms

Brik and PLE reserve the right to modify the Terms of Use at any time. Such changes shall come into effect one month after their publication on the Website. By visiting and using the Website, you agree to be bound by the Terms of Use in effect at the time of your access or use. It is therefore your responsibility to read these terms of use each time you visit or use the Website.

9.         Suspension and termination of access to and use of the Website

9.1. Brik and PLE may suspend access to and use of the Website (i) for repair and maintenance work, (ii) to update and/or modify the content if necessary and (iii) in the event of a suspected breach of these Terms of Use.

9.2. Brik and PLE may terminate access to and use of the Website if, for any reason, it ceases to provide the Content of the Website.

9.3. In such a case, you have the right to contact the webmaster.

In any event, you are not entitled to any indemnity or financial compensation for any reason whatsoever in the event of termination of access to the Website.

10.       General provisions

10.1. Applicable law and jurisdiction - These terms of use shall be governed by and construed in accordance with Belgian law and any dispute shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels, Belgium.

10.2. Severability - These Terms of Use are severable in that if any provision is determined by a court of competent jurisdiction to be illegal or unenforceable, that provision shall be deemed null and void, without prejudice to the remaining provisions of these Terms of Use.

10.3 Assignment - You agree not to assign, sell, sublet or otherwise transfer your rights or obligations under these Terms of Use. Failure to comply with this restriction in any manner, whether actual or implied, will result in immediate termination of the services by Brik and PLE. Brik and PLE reserve the right to transfer these Terms of Use in whole or in part to third parties at its sole discretion.

10.4. Non-Waiver, Agreement or Representation - Our failure to respond to a breach by you or others does not waive our right to respond to such breach or subsequent breaches. Except as expressly provided in the Terms, no representation, statement, agreement, waiver or act or omission of Brik and PLE shall be deemed binding on Brik and PLE.