1. Who Are We?
The website https://www.kimeru.be (hereafter: the “Website”) is an initiative of:
KIMERU (hereafter: “Kimeru”, “We” and “Our”)
Mechelsesteenweg 151
2018 Antwerp
Belgium
BTW BE 0832.169.037
E-mail: info@kimeru.be
Phone: +32 3 446 33 33
Feel free to contact us should you have any privacy-related questions. We promise to reply soon!
The use of our Website must always take place in accordance with the rights and obligations that are clearly stated on the Website and the rights and obligations stipulated in the Disclaimer, the Cookie Policy and the Privacy Statement. The entirety of these texts are our General Terms and Conditions.
We may deviate from the General Terms and Conditions in exceptional cases, insofar as these deviations are recorded in writing and accepted by all parties. These deviations only apply to replace or supplement the clauses to which they relate and have no effect on the application of other provisions from the General Terms and Conditions.
2. Our Website
2.1 Good operation, safety and accessibility
You can rely on the fact that we offer a user-friendly website that is safe for every user.
We therefore take all reasonable measures necessary to guarantee the proper functioning, security and accessibility of our Website. Yet we cannot give you absolute guarantees and our measures must be considered as an obligation of means.
Every use of the Website is always at your own risk. This means that we bear no liability for damage resulting from malfunctions, interruptions, harmful elements or defects to the Website, regardless of the existence of a strange cause or force majeure.
We have the right to restrict access to our Website at any time and/or interrupt it completely or partially, without prior warning. In principle, we will only do this if the circumstances justify it, but that is not an absolute condition.
2.2 Content of our Website
The content of the Website is largely determined by us and we take great care of this content. This means that we take the necessary measures to keep our Website as complete, accurate and up-to-date as possible. The content on our Website can always be changed, supplemented or deleted.
However, we cannot give any guarantees regarding the quality of the information on our Website. It is possible that information is not complete, sufficiently accurate and/or useful. We are therefore not liable for (direct and indirect) damage that the user suffers as a result of the information on our Website.
In the event that certain content on our Website constitutes a violation of the applicable legislation and/or a violation of the rights of third parties and/or simply cannot be upheld, we ask you to notify us as soon as possible so that we can take the appropriate measures. This way we can proceed to a partial or complete removal and/or adjustment of the content.
Our Website may contain content that can be downloaded. Every download of our Website is always at your own risk. We are not liable for this and damage resulting from a loss of data or damage to the computer system is entirely and exclusively the responsibility of the user.
2.3 What we Expect from you as a User
The user also has a certain responsibility when using our Website. The user must always refrain from actions that may have a harmful impact on the proper functioning and security of the Website. For example, the Website may not be used to circumvent our business model and/or to collect information from other users on a large scale.
It is therefore advisable not to use our Website for the distribution of content that may cause damage to other users of the Website, such as the distribution of malicious software such as computer viruses, malware, worms, Trojans and cancelbots. The distribution of unsolicited and/or commercial messages via the Website, such as junk mail, spamming and chain letters, is also targeted.
We reserve the right to take all necessary actions that may result in recovery for us and our users, both on a judicial and extrajudicial level. The user is solely and personally responsible if his actions and behaviours effectively cause damage to the Website and the other users. In that case he must indemnify KIMERU from any claim for damages that follows.
3. Links to Other Websites
The content of our Website may contain a link, hyperlink or framed link to foreign websites or other forms of electronic portals. A link does not automatically mean that there is a link between us and the foreign website, nor that we (implicitly) agree with the content of these websites.
We do not control these foreign websites and are not responsible for the safe and correct operation of the link and the final destination. As soon as you click on the link, you leave our website and you can no longer hold us liable for any damage.
It is possible that foreign websites do not offer the same guarantees as we do. We therefore recommend that you carefully read the Terms and Conditions and the Privacy Statement of these websites.
4. Intellectual Property
Creativity deserves protection, including our Website and its content. The protection is provided by intellectual property rights and accrues to all entitled parties, being KIMERU and third parties. By content is understood the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. All this content is protected by copyright, software rights, database rights, designs and models rights and other applicable (intellectual) property rights. The technical nature of our Website itself is protected by copyright, software rights and database rights. Every trade name that we use on our Website is also protected by trademark right.
Every user has a limited right of access, use and display of our Website and its content. This granted right is non-exclusive, non-transferable and can only be used within a personal, non-commercial framework. We therefore ask our users not to make use of and/or to make changes to the items protected by these rights, without the consent of the owner. KIMERU attaches great importance to its intellectual property rights and has taken all possible measures to ensure protection. Any infringement of the existing intellectual property rights will be prosecuted.
5. Personal Data Protection
The information you provide is necessary for a good service. Entering incorrect or false personal data is considered to be an infringement of the current General Terms and Conditions. The personal data of the user will only be processed in accordance with the applicable legislation and in accordance with the Privacy Statement that can be consulted via our Website.
6. General Provisions Regarding the General Terms and Conditions
We reserve the right to change, expand, limit or discontinue our Website and the associated services at any time. This is possible without prior notification of the user and does not give rise to any form of compensation.
These Terms and Conditions shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to the services of KIMERU shall come under the jurisdiction of the competent court of the judicial district Antwerp.
If a provision of these Terms and Conditions is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).