Acceptance and modification of the Terms of Use
These general Terms of Use (the 'Terms of Use') form the legal framework for access to and use of the website www.woosh.be (the 'Website'), which is owned and operated by Woosh BV, with company number BE 0761.887 .983, with registered office at Wiedauwkaai 23B, 9000 Ghent, Belgium ('Woosh' or 'we').
Access to and use of the Website is subject to your acceptance of the terms of use in effect at the time you access the Website and which may be amended by Woosh at any time. In this regard, by accessing and using the Website, you agree to be automatically bound by the Terms of Use and any modifications that become effective at the time you access or use the Website, and you agree that such acceptance has the same legal force as an express written acceptance. If you do not agree to the Terms of Use, you may not access or use the Website.
Before using the Website, please read the Terms of Use and Privacy Policy carefully. We recommend that you read the Terms of Use whenever you visit the Website.
Access to the website – Content of the website
Subject to use in full accordance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right to access and use the content of the Website (the “Content”) for the sole purpose of Use the website in accordance with the Terms of Use. All other rights are expressly excluded.
Woosh reserves the right at any time to make additions, deletions or changes to the Content, to block access to the Website (temporarily or permanently) or to discontinue the Website without notice for the purpose of maintaining and /or making improvements and/or changes to the Website.
You acknowledge that you can only use the Website if your equipment is connected to the internet. The connection or access fees charged to you for using the Website are subject to the terms and conditions agreed with your internet service provider or your mobile network operator. You are aware of the risks inherent in the use of the Internet, including, but not limited to, the risks of unavailability of the Website, non-confidentiality or loss of integrity of the data transmitted, possible virus attacks, etc. Woosh makes every effort to exclude viruses from the Website, but cannot guarantee their complete absence or be liable in this regard. We encourage you to take all appropriate steps before using the Website and/or downloading information from the Website.
If you decide to register on the Website, you agree not to disclose your password, information relating to your account and your access to the Website to any third party. The account is personal and only one account can be created per physical person. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur under your password, account or in connection with your access to the Website.
Use of the Website
You may not access or use the Website in any manner that could damage, disable, overburden, or compromise any Woosh account, computer system, or network. You may not attempt to gain unauthorized access to Woosh accounts, computer systems or networks. You may not use robots (web crawlers), scraping programs or other automated means to access the Website or any Woosh accounts, computer systems or networks. You may not access, download, use or export the Website or the Content in violation of any export regulations or laws or in violation of any other applicable regulations or laws.
You will not (and will not authorize any third party to), without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Website and/or the Content; (ii) extract all or part of the Website; or (iii) post and/or use the Content on any site, media or network.
In the event that you are expected to post content to the Website (including but not limited to opinions regarding the products or services provided by Woosh) (the “Publication(s)”), you warrant (i) that you have have all necessary licenses, rights, consents and authorizations to use and authorize Woosh to use all copyright, trademark and other proprietary rights applicable to the Publications, and (ii) that you have obtained the written consent of all identifiable physical persons, for any Publication, to use the name and likeness of such persons appearing in such Publication.
You agree not to post any Publications that are unlawful, immoral, obscene, defamatory, threatening, pornographic, pedophilic, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, insulting, inciting political violence, racist or be xenophobic, violate a mandatory law or regulation or be otherwise inappropriate. By publishing Publications on the site, you grant Woosh the right to use, reproduce and represent all or part of the Publications free of charge throughout the world, in any media, for the legal duration of the protection of the rights of the intellectual property of these Publications, for the needs and promotion of the Website, in particular for advertising or commercial purposes.
Purchases of products on the Website
Purchases of products on the Website are subject to the General Terms and Conditions of Sale.
Intellectual property rights
The Website and its Content, together with all copyrights, trademarks, trade names, designs, images, databases, information, data, text, sounds, photographs and graphics, and all source code, software and other content are the property of Woosh or its licensors and are protected by national and international intellectual property rights and other proprietary rights, including, but not limited to, copyright and related rights, rights to databases, models, trademarks and trade names, patents, etc. You agree to use the Woosh logo or marks on not to be displayed or used in any way without our prior written permission.
Access to and use of the Website and/or the Content should not be construed as granting a license to any of these intellectual property rights. We reserve all rights in the Website and the Content not expressly granted to you.
You may use the Website and its Content only in accordance with the Terms of Use.
If you use Content from the Website or material owned or licensed by Woosh without the consent of Woosh or in a manner not permitted by the Terms of Use, you may violate our intellectual property rights or the intellectual property rights of third parties, including but not limited to copyright and neighboring rights, database rights, designs and models, trademarks and brand names, patents and other rights. In such event, we reserve the right to automatically terminate your access to the Website and to take any action we deem appropriate to prevent, suspend, or obtain damages for the violation of intellectual property rights. No other rights of any kind are licensed, assigned or otherwise transferred to any person accessing the Website and/or using the Content.
Links to third party websites and services
The Website contains hyperlinks to websites managed by third parties and references to other sources of information. These links and sources of information are for informational purposes. These websites and the information on these sites are not operated or controlled by Woosh.
To the extent we have no control over such services, you acknowledge and agree that we are not responsible for (i) the availability, content, accuracy, quality, advertising, products, these third party services and any other items available on these services or available through these services, (ii) the personal data protection or other practices of these websites.
Duration and Termination
As long as you use the Website, the Terms of Use apply between you and us.
In the event that we consider that your use of the Website is unlawful and/or unauthorized and/or in breach of the Terms of Use, we reserve the right to take any legal proceedings, in particular legal proceedings, that we deem necessary and to automatically terminate your access to the Website.
Responsibility
The data communicated on the Website, in particular regarding the marketing activities or financial data of Woosh and/or its affiliates, is provided for information purposes and does not constitute a commitment by Woosh and/or its affiliates.
The use of the Website and any decisions made based on the data and/or information contained in this Website are your sole and exclusive responsibility.
General
The Terms of Use constitute the entire agreement between you and us concerning the subject matter hereof and supersede the terms of any other communications and/or advertisements relating to the Website.
If any provision of the Terms of Use is determined by any court or authority of competent jurisdiction to be unlawful, invalid or unenforceable, the invalidity of such provision shall not affect the validity of the other provisions of the Terms of Use which shall remain in force.
The failure of either party to enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
You agree to indemnify, defend and hold harmless Woosh and its representatives, officers, employees, subcontractors and agents from and against any and all claims, actions, suits and all damages, costs arising from any breach by you of the Terms of Use.
Governing Law – Dispute Resolution
The Terms of Use are governed by Belgian law.
In the event of a dispute, the Customer must first submit a written complaint to Woosh customer service to resolve it amicably.
If you are unable to resolve the dispute with Woosh directly, you can appeal to a consumer ombudsman free of charge to resolve the dispute between you and Woosh amicably by contacting the consumer ombudsman (https://consumentenombudsdienst.be/nl)
You can also use the online dispute resolution service provided by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
Any dispute relating to the conclusion, validity, interpretation, performance or termination of the Terms of Use will be subject to the jurisdiction of the courts (i) of the place where Woosh is located; or (ii) the place where you are located; or (iii) the place of supply of the service of access to the Website.