Terms of use

Last updated June 6, 2018

 

 

1. Purpose of the Terms of Use

The purpose of these Terms of Use (hereafter the “Terms”) is to set out the provisions applicable to all visits of this website and all uses of the services accessible through the Website by a User (hereafter the “User”).

Users of the Website are invited to carefully read the Terms and to print or save a copy for their personal use. The User acknowledges having read the Terms and accepts them without restriction or reservation.


2. Application of the Terms

The Website is accessible free of charge for any potential User with internet access. Obtaining products or services, the creation of a user account or, in a broader sense, browsing the Website implies that the User has read and agrees with the Terms.

 

2.1 Modifications to the Terms

The Terms may be modified at any time by Authentik, without notice, to reflect changes made to the Website, changes in legislation, or for any other legitimate reason.

In the particular case of the need to adapt the Website to reflect legislative changes, Authentik will do its utmost to perform these adaptations as quickly as possible. During this period, Users acknowledge that Authentik shall not be held liable for any temporary lack of compliance.

These modifications become effective thirty days after being published online. Where applicable, Authentik will send you an e-mail informing you of any changes. Use of the Website after the aforementioned thirty-day period implies that you have accepted the changes made to the Terms. The version of the Terms that is binding for the parties is permanently available on the Website.

The User undertakes to stay informed of such modifications by consulting the Website page displaying the Terms on a regular basis.

 

2.2 Divisibility

Should any of the clauses in the Terms be declared null and void, invalid, illegal or inapplicable under the terms of the applicable law, such a situation shall not affect the validity of the remaining clauses. The clause that is null and void, invalid, illegal or inapplicable shall be replaced retroactively by a valid and applicable clause with content as similar as possible to that of the original clause.

 

3. Terms and conditions for website access

 

3.1 Accessibility

Authentik makes every possible effort to keep the Website accessible 24 hours a day, 7 days a week.

Authentik reserves the right to interrupt, temporarily suspend or change access to all or part of the Website without prior notice in order to carry out maintenance, upgrades or whatever else it deems necessary (including technical tasks), without such eventualities implying any obligation or compensation.

 

3.2 User obligations

By accessing, visiting or using the Website, Users guarantee and certify that they:

  • Are at least 18 years of age;
  • Have read and accepted these Terms and the Personal Data and Cookies Policy (hereafter the PDCP);

  • Will be responsible for all use made of the Website by themselves or by anyone using their login information;

  • Are legally authorized to enter into this contractual relationship;

  • Will provide truthful and accurate information (providing false or misleading information in the course of a transaction may constitute a criminal offence).

 

3.3 Prohibition of illegal or illicit use

Users are informed that all laws and regulations in force are applicable on the Internet.

Users certify that they will not use the Website for purposes that are illegal or prohibited by law or the Terms.

This includes, without being limited to, the following:

  • Intercepting or attempting to intercept electronic mail or any other private communication not addressed to them;

  • Employing means that might limit the peaceful use of the Site by a third party;

  • Falsely presenting themselves as an employee, agent or representative of Authentik;

  • Using all or part of the data provided and collected on the Website for commercial purposes.

Depending on their countries of origin, Users may also be subject to specific laws and regulations they must undertake to be aware of and respect.

 

3.4 Limits of liability

The Website provides the User with information for general guidance purposes only and may contain imperfections, errors, omissions, inaccuracies and other ambivalences. Authentik does not in any event guarantee the accuracy or relevance of this information.

Consequently, Authentik shall on no account and in no way be liable for any damage or loss which arises out of the use of the information and content available on the Website. The User assumes full responsibility for the proper and judicious use of the information provided on the Website.


 

4. Personal data

Information concerning the collection and processing of personal data and the use of cookies on the Website is provided in the PDPC.

 

5. User account

A registered User on the Website has the ability to access his/her account by logging in, using an e-mail address (as specified during registration, a quote request or a booking) and a password. The User is entirely responsible for protecting the password he/she has chosen, and is encouraged to use complex passwords. In the event of forgotten password, the User can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the User’s account (“My Profile” and “My Trips”), and the user must refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.

The creation of an account is necessary for ordering products or services or contributing content to the Website. To this purpose, the User will be asked to provide certain personal information. The User agrees to provide accurate information.

Users are free to delete their account and data on the Website. To do so, they must contact Authentik by mail, e-mail or using the “Right to be forgotten” form on the Website. No data recovery is possible after account deletion.

Authentik reserves the exclusive right to delete the account of any User who may have breached the Terms. Said deletion shall not constitute damages to the excluded User, who cannot claim any compensation for this the account deletion. This deletion does not prevent Authentik from initiating legal action or a lawsuit against the User, should the facts warrant it.


 

6. Intellectual property


6.1 Intellectual property of Authentik

All elements of this Website are the property of Authentik or a third-party agent, or are used on the Website with the authorization of their owner.

Any representation, reproduction or adaptation of the content of the Website, including but not limited to logos, text, pictures and videos, is strictly prohibited and constitutes an infringement.

Any User found guilty of such an infringement will have his/her account deleted without notice or compensation. Such deletion will not constitute damages to the excluded User and will not prevent Authentik from initiating legal action or a lawsuit against the User, should the facts warrant it.

Finally, hypertext links to the Site are accepted under the express condition that they link to the Website homepage, and that they not be associated with denigrating or defamatory comments towards the Website.

Credit for certain elements (images, photographs) of the Website goes to iStockphoto.


 

6.2 Intellectual property of Users

For content protected by the intellectual property rights held by the User, the User grants Authentik a non-exclusive, transferable sub-licensable, royalty-free, worldwide license for the use, reproduction, modification, translation, distribution, adaptation and communication of this content published on the Website or transmitted via electronic mail. This licence shall apply throughout the statutory copyright period.

For User contributions (testimonies, advice, recommendations), this licence shall allow Authentik to publish the User’s testimony or advice anywhere on the Website deemed appropriate. The license shall also allow Authentik to modify or withdraw the contribution if this should prove necessary for Website administration. This license covers the moral rights that the User may possess, which the User waives unless it can be demonstrated that the modification in question is prejudicial to the User’s honour or reputation.


 

7. Liability

Authentik cannot be held liable for any damages to the User’s computer system and/or loss of data resulting from the use of the Website by the User, whatever the cause.

Authentik undertakes to continuously update the content of the Website and to provide Users with clear, accurate and up-to-date information. In principle, the Website is accessible at all times except during technical maintenance and content updating operations. Authentik cannot be held liable for any damages resulting from the unavailability of the Website or any part thereof.

Authentik cannot be held liable for any technical unavailability of the connection, whether caused by a case of force majeure, maintenance, an updating process, changes to the site, an action by the hosting company, an internal or external strike, a network crash, or an electrical power outage.

Authentik cannot be held liable for the non-functioning, unavailability of access or malfunction of the Website due to the use of unsuitable hardware, incorrect configuration or use of the User’s computer, service provider failure or Internet malfunction.

 

8. Notifications and claims

All notifications or views concerning the Terms or the PDCP should be submitted in writing by registered letter or by courier, or alternatively by e-mail, specifying the surname, first name and contact details of the User and the subject of the notification.

Any claim Users may have regarding the use of the Website, the Terms or the PDCP must be brought within 365 days after the claim or cause of action arises, notwithstanding any Act or rule of law to the contrary, or such claim or cause of action will be barred.

On the Website and/or in the Services offered, there may exist limited inaccuracies, errors, or information that contradicts the Terms or the PDCP.

In such a situation, the User can contact Authentik by mail or by e-mail with, if possible, a description of the error and its location (URL), together with sufficient information to enable MMD to contact the User concerned.

Finally, all communications or notifications to the User will be considered valid if sent to the e-mail address provided by the User, even if said address is no longer valid.

1. Purpose of the Terms of Use The purpose of these Terms of Use (hereafter the “Terms”) is to set out the

 

9. Applicable law

Excepting public policy provisions, all disputes that might arise from the interpretation and/or execution of these Terms may, prior to the launch of any legal action, be submitted to Authentik for evaluation with a view to amicable settlement.

It is expressly noted that a request for amicable settlement will not suspend the time limit for taking legal action.

Unless otherwise provided for by public policy, any legal action regarding the implementation of these Terms shall be subject to the authority of the courts in the defendant’s place of residence.