GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use apply to any use of the website ERA.BE and all its sub-sites (referred to hereinafter as “the Website”), as well as any other services offered by ERA Belgium NV, with registered office at Grote Markt 6A, 9100 Sint-Niklaas (referred to hereinafter as “ERA” or “We” or “Us”), with company number BE 0454.106.983, as the owner and operator of the Website.
The term “Services” as used in these General Terms and Conditions of Use refers to the entire Website, i.e. visiting and/or using it as well as any other service offered by Us on or via the Website.
By merely using the Services, you acknowledge that you have read and accepted these General Terms and Conditions of Use (referred to hereinafter as “GTCU”).
The current GTCU may be modified or revised at any time. The modified or revised GTCU becomes applicable from the time of publication on the Website. You may consult the most recent version of the GTCU at any time via ERA.BE.
ERA reserves the right to temporarily or permanently modify or discontinue all or any part of the Services at any time, with or without prior notice.
2. Use of the Services
You must be 18 years of age or older to use the Services. Minors wishing to use the Services must do this under the supervision of at least one of their parents. Under no circumstances can ERA be held liable if minors use the Services without parental supervision.
Use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis.
As a user of the Services, you state that you have understood and accepted that the following activities are prohibited:
- It is not permitted to collect and/or use user names, passwords, email addresses or other personal data of users for any purpose whatsoever.
- The use of meta tags is not permitted, except with the explicit and prior written permission of ERA.
It is not permitted to use the Services for unauthorised advertising, including via spam messages, chain letters or unsolicited emails.
- It is not permitted to use data mining, robots, screen scraping or similar data collection tools with respect to the Services, except with the express and prior written permission of ERA. You may not frame or use framing techniques on any part of the Services without explicit written permission to do so.
- It is not permitted to copy, duplicate, reproduce, sell, resell, or exploit any part of the Services, the use of the Services or the access to the Services without the explicit and prior written permission of ERA.
- It is not permitted to upload or post spam messages.
- It is not permitted to upload, post or transmit worms, viruses or any other code of a destructive nature.
- It is not permitted to alter, modify or hack into the Services or modify a third-party website such that it appears to be associated with the Services offered by ERA.
- It is not permitted to use the Services for any unlawful or unauthorised purpose. In using the Services, you may not exceed the limits of applicable laws (including but not limited to those relating to Copyright Law and Database Law).
- It is not permitted to use the Services for commercial purposes; the Services may only be used for personal purposes.
However, it is allowed to create a hyperlink from your own website to the homepage of Our Website. If you want to create a deep link to specific content on the Website, you must obtain Our explicit and prior permission.
You accept that ERA may use third-party services and hosting partners to provide the necessary hardware, software, storage space and network and related technologies necessary to operate the Services.
Links to other websites
The Website may contain hyperlinks to third-party content or websites operated by third parties. ERA has no control over the content or other characteristics of these websites or web pages and cannot be held responsible/liable for the quality, accuracy of the content or other characteristics of these websites. The operators of these websites are solely responsible for complying with the laws and regulations pertaining to the products and/or services they offer on or via their website, including but not limited to regulations regarding consumer protection and distance selling, legislation related to prices, etc.
Reliability of the information on the Website
While every effort is made to ensure the reliability, up-to-dateness, completeness and accuracy of the information and other content you may find on or via the Services, under no circumstances can We be held liable for direct or indirect damages, in particular any material, immaterial or other damages resulting from the use of the information and other content of the Services. The same applies with respect to files downloaded from or via the Services.
In particular, We make every effort to regularly update the property advertisements on Our Website. However, We cannot be held liable for any errors in the content of an advertisement or if the property is no longer available when you view an advertisement.
In no way does the advertisement constitute an offer in the legal sense of the word. Consequently, before making any decision (relating to purchase, rent, etc.) regarding the property, We strongly recommend that you contact Us to personally verify that the information and availability details regarding the property are correct and up-to-date. The information on Our Website is always provisional in nature and must at all times be confirmed by Us, especially but not exclusively with respect to the asking price.
Processing of personal data
Some functionalities offered by Our Services may be subject to the prior provision of certain personal data; this is in order to ensure a smooth relationship and/or to provide you with the correct information.
The user communicating the personal data guarantees the accuracy thereof.
We comply with the laws regarding the processing of personal data. Personal data are maintained in ERA’s central database for the proper performance of the tasks entrusted to it. On simple written request, addressed to ERA Belgium NV, Grote Markt 6A, 9100 Sint-Niklaas, you may access these data and have them modified and/or deleted if they are incomplete, incorrect or irrelevant (Law of 8 December 1992).
3. Intellectual property rights
The texts, drawings, photographs, videos, images, data, databases, software, designations, trade and domain names, trademarks, logos and other components of the Services are protected by intellectual property rights and belong to ERA or third parties.
All data collected by the Services fall under the legal protection relating to databases, both in terms of structure and content.
ERA grants each user of the Services a non-exclusive and non-transferable licence, which is revocable at any time, to access the Website on a single computer as well as to display and, if necessary, download the content of the Services for the sole purpose of viewing such content. Reproduction of the content is permitted only under the following conditions: users may print one copy of the content of the Services solely for personal use, provided that in doing so they do not alter the content in any way and that they retain all indications of copyright and origin of the Website.
With the exception of the above, storing, reproducing, modifying, disclosing, distributing or transmitting, selling or otherwise transferring the information and content provided as part of or via the Services or assigning any rights thereto to third parties is prohibited without the prior written permission of ERA.
The name ‘ERA’, its logo, icons and trade names fall under legislation relating to name protection. They may not be used in conjunction with any other product or service in a manner that is likely to cause confusion or in any way discredit or otherwise disadvantage ERA.
Declaration of intellectual property infringement
ERA aims to respect intellectual property rights at all times. Holders of these rights may notify ERA at any time if they believe that ERA or any user of ERA’s Services is violating their rights. These notifications should be sent to us at the following address: Grote Markt 6A, 9100 Sint-Niklaas.
You are requested to clearly indicate in your notification the content protected by intellectual property rights and the URL of the data on the Website that have been infringed or that constitute an infringement, as well as to provide sufficient details (address, email address and phone number) so that We can contact you.
4. Limitation of liability
You accept and agree that ERA cannot and will not be held liable for any direct, indirect, incidental, special, consequential or occasional damages, including but not limited to recoverable damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- Failures, interruptions or errors in electronic services or information obtained via the Services
- Viruses that may, despite precautions, occur on the Website
- An error and/or omission committed by employees and/or agents of ERA, subject to possible professional liability in case of breach of the code of ethics of the Professional Institute of Real Estate Agents
- Fraudulent falsification of data by third parties following an unauthorised intrusion into the Website
- Statements or conduct of a third party on the Website
- Inability to use the Services
- Unauthorised access to or modification of your transmission or data
5. Other conditions
The failure of ERA to exercise any right or provision of or arising out of this GTCU does not in any way constitute a waiver of that right or provision.
In the event that one or more aspects of the present GTCU, in whole or in part, are or appear to be unenforceable, this does not affect the validity and enforceability of the remaining provisions.
In the event of a conflict between the present GTCU and any special conditions applicable to certain services provided by ERA, whether via the Services or not, these special conditions will apply.
The current GTCU is governed by Belgian law.
The parties agree that, in the event of a dispute relating to the Services (including the current GTCU), only the courts of the judicial district within which ERA is located will have jurisdiction.
6. Scraping, spidering, etc.
The use of automated systems or software to extract data from this website for commercial or non-commercial purposes (scraping, spidering, etc.) is absolutely prohibited, except with Our prior written and explicit permission.
This website, as well as its layout, texts, logos, graphics, photographs and other items and the selection and design thereof, are protected by copyright law, trademark law, law relating to software programs and database law. Any copy or reproduction, public communication, adaptation, modification or other form of use or exploitation of all or part of this Website, in any form and by any means, is strictly prohibited, except with Our prior written and explicit permission.