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This Tool is offered via a software platform (hereinafter: the 'Platform'). The Platform includes all websites and applications developed by bookU and on which the Tool is offered. This service provided by bookU is governed by these general terms and conditions (hereinafter: the 'General Terms and Conditions').
An Employer User may have several administrators, each administrator using the Tool/Platform acts on behalf of the Employer User and is therefore also bound by the General Terms and Conditions.
When the User-employer or User-employee uses the Tool and/or the Platform, he expressly acknowledges AND accepts that these General Terms and Conditions always apply exclusively, regardless of the form of use.
These General Terms and Conditions constitute the integral agreement between the User-Employer and bookU and replace any previous agreements and arrangements and cannot be changed unless expressly agreed in writing by both Parties.
Any special conditions must be included in the quotation and/or agreement between User-employer and bookU. Such special terms and conditions take precedence over these General Terms and Conditions.
2. RIGHTS OF USE, REGISTRATION AND RESTRICTIONS
With each registration, the User is required to provide a correct, truthful, current and complete image. Depending on the User's capacity, certain information may be absolutely necessary to provide. The User knows that if he refuses to provide certain information, the provision of certain services on the Platform will be impossible.
BookU is also completely free to determine and amend the registration conditions at any time at its sole discretion. In this case, bookU will notify the User in advance via the bookU platform.
It is the sole responsibility of the User to keep his user profile up to date. The User is also exclusively responsible for all actions taken with the user profile. It is the User who ensures the confidentiality of his personal user profile, including his login details.
Any breach of confidentiality must be reported to bookU so that the necessary measures can be taken.
Each user profile is strictly individual, personal and confidential and cannot be transferred to third parties without the express permission of bookU.
bookU does not actively monitor created user profiles, but reserves the right to take appropriate measures in the event of abuse/illegal practices.
The Right of Use is granted to the User-employer in the form of a limited, revocable, non-exclusive and non-transferable license. This license does not grant any User the right to sell, republish, redistribute, transfer, license, etc. the Platform, the underlying database and the content.
Depending on the module/subscription formula chosen, the Employer User has the right to add content to the Platform. By posting content on the Platform, the User-Employer grants bookU a perpetual, royalty-free, transferable license to use, reproduce, process and communicate this content to third parties to the extent necessary to provide the services of our Platform offer. This license applies to all types of intellectual property rights involved, as stated in Article 7.
The deletion of the user profile of the User-employer entails a deletion of the user profile of the User-employee as follows: The following distinction must be made here:
It is always up to the User-employer to store/archive all data prior to the termination of the collaboration/prior to the deletion of the user profile.
The following actions are therefore absolutely prohibited:
If Users can add content to the Platform, it is absolutely prohibited for this content to have the following characteristics:
If the User acts in violation of the General Terms and Conditions, applicable legislation, the rights of third parties or the rules of internet conduct, bookU reserves the right to deny the User access to the platform and delete his user profile.
These measures can only be taken after the User has received an official warning from bookU with a remediation period of 5 working days to stop the infringements mentioned in the warning. If the User still acts in violation of the General Terms and Conditions, the applicable legislation, the rights of third parties or the rules of internet conduct, he will be denied access to the platform without further warning and his user profile will be deleted. Under no circumstances does the User have the right to request a refund or compensation for the measures taken.
3. OBLIGATIONS OF BOOKU AND USER
Any use of the Tool/Platform is always at your own risk. This means that bookU is not liable for damage resulting from malfunctions, interruptions, harmful elements or defects in the Platform. The Platform and the associated services are offered on an 'as is' and 'as available' basis, i.e. without any implicit or explicit warranty.
bookU has the right to limit and/or interrupt access to the Platform in whole or in part at any time, even without prior warning. This only happens if the circumstances justify this. bookU will inform the User-employer of this in advance by email.
The Platform can therefore be qualified as User Generated Content (UGC). bookU takes the utmost care with the information that appears on the Platform so that it can be qualified as complete, correct, current and accurate.
bookU cannot give absolute guarantees regarding the quality and quantity of information on the Platform and is therefore not liable for damage suffered by the User as a result of the information placed on the Platform by third parties. bookU is not obliged to check the content prior to the placement of this content on the Platform, nor to carry out extensive a posteriori checks.
If certain content on the Platform violates these General Terms and Conditions, applicable legislation and/or violates the rights of third parties and/or is simply unacceptable, the User must report this to bookU as soon as possible, after which bookU will take appropriate measures as soon as possible by making any (complete or partial) changes, additions or deletions.
The User and authorized third party that places content on the Platform is responsible for ensuring that this content is always placed on the relevant and applicable web page, always in a language that is understandable to the other Users of the Platform (English or Dutch) and that this content is not misleading in any way.
The Platform contains content that can be downloaded. Any download from the Platform is always at the User's own risk and sole responsibility. bookU is not liable for any possible damage caused by these downloads and the further use of that data.
bookU specializes in information collection and providing this information to the right people. bookU therefore has the right to make certain information visible only to Users or third parties who have an interest in this. This right can be fulfilled by bookU entirely at its own discretion.
4. TERM AND TERMINATION
This quotation/agreement is tacitly renewed annually for the same duration, unless notice of termination is given no later than one month before the expiry date.
The termination of the agreement by the Employer-User must be done by email sent to the email address info@booku.be , after which a receipt notification will be sent by email by bookU within three working days following the day of termination.
In the absence of a receipt notification, the cancellation by email will be regarded as non-existent and the Employer-user will still have to cancel the cancellation by registered letter to Book'u.
Such unforeseeable circumstances suspend the quotation/agreement between the User-employer and bookU . bookU makes every effort to guarantee continuity and compliance with its obligations as soon as possible.
5. RATE
The quotation/agreement between User-employer and bookU determines and describes the rate/subscription formula for bookU's services.
All subscription fees will be due for the entire month from the start of the onboarding
The functionalities to be developed are clearly described in the quotation/agreement. Deadlines regarding the delivery of the customized work or roadmap priorities are determined by mutual agreement during a kick-off meeting and confirmed by bookU to the user-employer. This will be done by email by authorized persons such as CEO, CTO or PRODUCT MANAGER.
Deadlines can be changed by bookU depending on planning priorities or development team capacity. Changes are always communicated transparently and are limited as much as possible.
The invoicing of custom work or roadmap priorities will follow the following schedule:
The user-employer always has the right to request detailed performance of the developments. These are logged in detail by bookU.
The rates described in the quotation/agreement are always estimates based on expectations. Any additional work such as the development of new features, additional training, additional support can always be invoiced by bookU.
Training is provided digitally as standard and only at the express request of the Employer-user and after agreement from bookU, it will be carried out on location subject to travel costs being charged.
The number of hours of training as budgeted in the quotation is binding and can only be increased in consultation with bookU in accordance with the training needs and provided these additional hours are charged.
The training cost will be due from the moment the training session is scheduled.
bookU provides support for the user-employer or, if applicable, for specifically described contact persons in the quotation/agreement.
The level of support that will be provided is also described in the quotation/agreement.
bookU provides the following support for the User-Employer:
bookU will inform the User-employer in writing at least 2 months before the price adjustment. bookU will make price adjustments in good faith, taking into account the real cost increases associated with the production and further development of the Software.
6. LIABILITY
It is the User who is solely liable for the consequences resulting from the failure to provide information/certain behavior on the Platform, incompletely or incorrectly.
7. INTELLECTUAL PROPERTY RIGHTS
In the event that bookU creates a specific functionality in the Tool on the Platform for the User-employer , the Intellectual Property Rights thereof belong to bookU, regardless of which party has borne the costs.
The user-employer cannot use and/or make changes to the Intellectual Property Rights.
8. CONFIDENTIALITY
9. REFERENCE TO OTHER WEBSITES/APPLICATIONS
10. ALL KINDS
bookU also has the freedom to change, expand, limit or discontinue its Tool and/or its Platform at any time. It will report this in a timely manner on its website http://www.booku.be (hereinafter: 'Website'). Such a change does not give rise to compensation from bookU.
All disputes arising from this fall under the exclusive jurisdiction of the Commercial Court of Ghent, Kortrijk department.
11. APPENDIX 1: BOOKU PRIVACY POLICY.
Last update: 07/02/2023
Your personal data is collected and processed by BookU NV, hereinafter referred to as "bookU”. BookU has its head office at Spinnerijstraat 97, 8500 KORTRIJK, registered under company number 0629.815.258.
BookU processes personal data in accordance with the legal requirements laid down in the General Data Protection Regulation (“GDPR”), better known as the General Data Protection Regulation or “GDPR”, and, where applicable, the Belgian law on the protection of natural persons with regard to the processing of personal data.
At BookU, the protection of your personal data is central. That is why we are committed to protecting your personal data with the utmost care and only processing it in a fair and lawful manner.
The purpose of this privacy statement is therefore to inform you about how and for what purposes BookU processes personal data and to clarify which rights you can exercise as a Data Subject. We therefore ask you to take your time to read this Privacy Statement. Do you have any questions afterwards? Please contact us via privacy@booku.be .
This privacy statement applies to the processing of personal data in the context of our customer relationships, the use of our website and our suppliers and partners.
Personal data means data that allows us to directly or indirectly identify you as a natural person, in accordance with the definition of Article 4 of the GDPR. You may provide us with your personal data in the context of the following activities, for the corresponding purposes and on the basis of the stated legal basis:
BookU considers your personal data confidential and undertakes to process it only in a manner compatible with the purposes for which the data was initially collected.
Under the GDPR, Data Subjects have various rights to maintain control over the use of their personal data. Within BookU we have developed a procedure so that you can exercise your rights with regard to the personal data you have entrusted to us. This contributes to a sound and structured data protection policy and to our customers' strong confidence in BookU.
However, in the context of our specific services, BookU mainly acts as a processor of personal data under the GDPR, while the customer himself acts as a controller. In that case, BookU will refer your request regarding your personal data to the relevant controller.
If you wish to exercise any of the rights below, you can contact us at privacy@booku.be
You have the right to ask us about the personal data that we collect about you as well as additional information about:
· the purposes for which BookU processes this personal data;
· the categories of personal data concerned;
· the recipients;
· if possible, the retention period or, if that is not possible, the criteria for determining that period;
· the information that BookU has about the source of the data if BookU obtains personal data through a third party;
· the existence of automated decision-making.
If you determine that the personal data processed by BookU is incomplete, incorrect or outdated, you have the right to have this corrected.
You have the right to have personal data that BookU processes deleted. Please note, this is only possible in the following circumstances:
· BookU no longer needs your personal data to achieve the purposes for which it was collected;
· You withdraw your previous consent for the processing and bookU has no other legal basis that justifies the (further) processing;
· You object to the processing of your personal data and BookU has no overriding, legitimate grounds for the (further) processing by BookU;
· Your personal data is processed unlawfully by BookU;
· Your personal data must be deleted to comply with a legal obligation.
You will receive a free copy of the processed data upon request.
You have the right to request the restriction of the processing of your personal data when one of the following applies:
· You contest the accuracy of your personal data: its use is limited for a period that BookU needs to verify the accuracy of the data;
· the processing of your personal data is unlawful: instead of deleting your data, you request a restriction of its use;
· You have objected to the processing of your personal data (see point 4.5) and as long as no decision has been made regarding the exercise of your right to object to the processing, you request that the use of your personal data be limited.
You have the right to object to the processing of your personal data if the processing is based on the legitimate interest of BookU or on the basis of the public interest. We will stop processing unless we can demonstrate compelling legitimate grounds for further processing or for the exercise of legal claims. You can also object in the case of the processing of your data for direct marketing purposes, so that the personal data will no longer be processed for these purposes.
If at any time you believe that BookU infringes your privacy, you have the right to file a complaint with the Belgian data protection authority: Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel +32 (0) 2 274 48 00, e- email: contact@apd-gba.be
BookU has developed a policy whereby we store your personal data in a secure manner. We do not retain this data for longer than necessary to achieve the purposes stated above or to comply with our legal or contractual obligations. If you wish that BookU no longer keeps your personal data or you would like more information about the retention periods we use, you can contact us at privacy@booku.be .
BookU refrains from disclosing personal data of data subjects to third parties except in the following specific cases:
- Personal data may be shared with external service providers to which BookU has outsourced certain processing activities (e.g. the construction, management and maintenance of the website, customer database management, cloud services, etc.). BookU carefully selects its partners in such a way that they handle your personal data as conscientiously as BookU does this itself. Moreover, they only receive these personal data to process them on behalf of BookU and they do this on our strike instructions. BookU does not sell your personal data to third parties and these parties are not allowed to use the data for their own (commercial) purposes. BookU has also concluded a processing agreement with each of these parties (called “processors”).
- If BookU is under a legal obligation to pass on personal data.
In the event that personal data needs to be transferred to a third party outside the EEA, such as software providers and cloud services, BookU applies the rules on the international transfer of personal data in line with the provisions of the GDPR.
BookU has taken technical and organizational security measures to prevent the destruction, loss, falsification, modification, unauthorized access or disclosure of your personal data to third parties and any other unauthorized processing of this data.
We have made every effort to ensure the confidentiality, integrity and availability of the information systems and services in which personal data are processed. These measures include physical, technical and operational security measures, access controls, awareness and confidentiality clauses.
If desired, you can receive more and more information about the concrete security measures that BookU takes to protect personal data by contacting privacy@booku.be .
We may amend or update this Privacy Statement from time to time to reflect changes in our practices regarding the processing of your personal data or changes in applicable law. We do this by posting the updated version on this website. When we post changes to our Privacy Statement, we will change the date and version number of the “last update” of our Privacy Statement. Significant changes will be notified on our homepage. Nevertheless, we recommend that you regularly review our Privacy Statement.
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