Article 1 – Information about SAILPEAK
1.1 Site Editor
The website www.sailpeak.com (hereinafter the "Site") and its possible extensions, are managed and operated under the responsibility of the company PAWA SRL (hereinafter "SAILPEAK"), whose registered office is located at 144 rue des Carmélites 1180 Uccle Belgique, (Belgium), registered with the CBE. under the number 0782.819.395
Any questions or complaints relating to the Site or these terms and conditions of use (hereinafter the "Terms") can be addressed to SAILPEAK at the address mentioned above, or at the following email address: contact@sailpeak.com .
1.2 Acceptance
Access to and use of the Site are subject to these Terms, the Privacy Policy, as well as applicable laws and regulations. Consequently, access to and use of the Site implies full and unreserved acceptance by the Internet user of these Terms and the Privacy Charter.
Without prejudice to these terms, as well as the Privacy Policy exclusively govern the relationship between any user of the Site (hereinafter, the "User") and SAILPEAK, relating to the use of the Site. They supersede all other general conditions, documents or agreements between the parties.
1.3 Modification
SAILPEAK reserves the right to modify and update, at any time, without notice, these Terms, access to the Site, and their content. All of these modifications are binding on Users each time they access the Site. SAILPEAK therefore recommends consulting them regularly.
SAILPEAK reserves the right to suspend or terminate the Site at any time.
Article 2 – Access to the Site and features - obligations related to use
The Site can be consulted free of charge and freely.
The User undertakes to comply with applicable laws, regulations and codes of conduct, and in particular to refrain from:
- post or send content or communications that are false or misleading (and to update such content, where appropriate, to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, misleading, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, constituting an infringement of an intellectual property right or any other right, or which encourages or participates in any of these things ;
- solicit personal information from other Users or provide email addresses to SAILPEAK or a third party without obtaining the prior consent of those affected;
- disclose or make accessible to a third party any user name, password, secret code or similar information, or use these for a purpose other than identification on the Site;
- post or send content that violates the rights of a third party or harms them in any way or post or send content concerning third parties without having obtained their prior consent;
- post or send content that directs to illegal websites or contains inappropriate content;
- use the Site for direct marketing purposes, including prospecting, canvassing, advertising, or selling products or services or using the Site to send spam, unsolicited, pyramid or for a similar process or fraudulent;
- any action that may have the effect of disrupting the proper functioning of the Site, including in particular the use of viruses, attack software or the mass sending of letters;
- attempt to breach unauthorized access to any part of the Site or equipment used in the operation of the Site;
- use the Site to harass another User or seek to contact a User who requests not to be contacted;
- use a false name, pseudonym, or impersonate another person or entity;
- use the Site for purposes other than those provided for in these Terms.
SAILPEAK cannot be held responsible in the event of non-compliance by the User with the Terms, applicable laws or regulations. The User guarantees SAILPEAK against any action, claim or complaint from third parties (including public authorities) relating to its use of the Site.
Failure to comply with the aforementioned rules exposes the User to severe civil and criminal penalties, such as those provided for by the following provisions:
- Book VI of the Code of Economic Law on market practices and consumer protection, as well as Book XII of the Code of Economic Law on certain legal aspects of information society services, which punishes in particular the sending of unsolicited mail by electronic means to a fine of 250 to 50,000 euros, and
- articles 210bis, 504 quater, 550bis and 550ter of the Penal Code, inserted by the law of November 28, 2000 on computer crime, which provide:
- imprisonment from six months to five years and a fine of twenty-six euros to one hundred thousand euros or one of these penalties only in the event of forgery or computer fraud or an attempt to commit one of these offenses ;
- imprisonment of three months to five years and a fine of twenty-six euros to two hundred thousand euros or one of these penalties only in the event of an offense against the confidentiality, integrity and availability of computer systems and data that is stored, processed or transmitted by these systems, or the attempt to commit any of these offences.
In addition, any User who violates the Terms may be banned or suspended from accessing the Site.
The User is also required to inform SAILPEAK immediately in writing if he becomes aware of any inappropriate behaviour in connection with the Site, or the dissemination of any illicit, inaccurate, shocking or indecent content or any violation of the one of their rights or the rights of third parties. Email-address contact@sailpeak.com should be used to report inappropriate or suspicious behaviour or content.
Article 3 - Intellectual property rights
3.1
The Site and its components (trademarks, logos, graphics, photographs, animations, videos, music, texts, etc.) constitute the exclusive property of SAILPEAK or its potential partners. They are protected by intellectual rights (in particular copyright and neighboring rights, trademark law, etc.) and cannot therefore be reproduced, used or distributed without the prior written authorization of SAILPEAK or, where applicable, of the rights holder concerned, under penalty of constituting an offense of infringement of copyright and/or designs and models and/or trademark, punishable by three months to three years and a fine of 100 to 100,000 euros or one of these penalties only.
3.2.
SAILPEAK hereby grants the User a non-exclusive, non-transferable license, for an indefinite period and revocable at any time without giving any reason, to access the content of the Site, display it and download it only for the display needs. The User may also print a copy of the content displayed on the Site for his personal needs, provided that he does not alter the content of the Site in any way and that he retains all mentions of authorship and origin of the Site. . The User also undertakes not to circumvent the technical devices for the protection of documents and multimedia elements. Reproduction is therefore only authorized for strictly private purposes within the meaning of Article XI.190 5° of the Code of Economic Law.
3.3.
Any use of the Site and its components not covered by this article is strictly prohibited.
Article 4 - Liability related to the use of the Site
4.1. Accessibility and operation of the Site
SAILPEAK will ensure, as far as possible, that the Site is up to date and remains accessible to a normal number of Users. However, SAILPEAK does not guarantee that the functions of the Site will be available without interruption or without error, that the defects will be corrected or that the Site and the server which makes it available are free of viruses or other harmful components. SAILPEAK also retains the right to suspend or stop all or part of the Site, at any time, without prior warning.
SAILPEAK cannot be held liable for any loss and/or damage of any nature whatsoever arising from the suspension, interruption, (technical) disruption, slowdown, difficult accessibility and/ or the cessation of accessibility to all or part of the Site or of viruses or other harmful elements present on the Site.
If the User notices the presence of a virus or other harmful elements on the Site, he is invited to communicate it to SAILPEAK at the following address: contact@sailpeak.com so that the necessary measures can be taken. SAILPEAK recommends in any case to the User to install on his computer the necessary firewalls, anti-virus and other protection software, in order to prevent any damage to it.
4.2. Use of the Site
The User uses the Site at his own risk. The Site, its components and all related information, software, installations and services are provided as is, according to availability without warranty of any kind (neither express nor implied) and within the limits of applicable law.
SAILPEAK declines all responsibility in the event of loss or damage (direct, indirect, material or immaterial) resulting from the use of the Site and its components, or from the inability to use the Site.
4.3. Links to and on other sites
Hypertext links to other websites may appear on the Site. In addition, some websites may include a link to the Site. These third-party sites are not controlled by SAILPEAK, which therefore assumes no responsibility for their operation, content and use. Unless expressly stated otherwise by SAILPEAK on the Site, the existence of such links does not imply any endorsement by SAILPEAK of these third-party sites or the use that may be made of them, nor any association or partnership with the operators of these sites. .
Article 5 - Validity of contractual clauses
5.1.
SAILPEAK's abstention from availing itself, at a given time, of a provision of the Terms, cannot be interpreted as a waiver to subsequently assert its rights under it.
5.2.
The nullity, lapse or non-enforceability of all or part of one of the preceding or following provisions will not result in the nullity of all the Terms. Any provision that is wholly or partially void, void or unenforceable will be deemed unwritten. SAILPEAK undertakes to replace this provision with another which will, as far as possible, perform the same function.
Article 6 – Applicable law and competent jurisdiction
These Terms are governed, interpreted and applied in accordance with Belgian law. The courts and tribunals of the district of Brussels will have sole jurisdiction for any dispute concerning these Terms.
