General User Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR VISITING AND USING FUNKYTIME - V2.0 01/04/2017
By going to another page of this website other than the homepage or by logging in, you implicitly agree to all the general terms and conditions of this website, hereinafter referred to respectively as the GENERAL TERMS AND CONDITIONS and WEBSITE. The GENERAL TERMS AND CONDITIONS that are currently published on this WEBSITE apply as of 1st April 2017 and replace the Terms and Conditions dated 01/11/2011. The GENERAL TERMS AND CONDITIONS may be modified at any point in time without prior notification. As soon as any changes are made, the most recent version of the GENERAL TERMS AND CONDITIONS applies from that point on to all facts and any violations as from or after the date of publication of the changes.
The WEBSITE is the property of FunkyTime N.V., Kastanjelaan 81, 9620 Zottegem, Belgium, hereinafter referred to as the OWNER. The WEBSITE is comprised of a gateway page (with login, demo and registration option; hereinafter referred to as the GATEWAY) and a web application (that is accessed after logging in; hereinafter referred to as the APPLICATION). The GATEWAY may be visited via the Internet. These visitors are hereinafter referred to as VISITORS. As soon as a VISITOR registers with a valid identification (hereinafter referred to as ID) and password (hereinafter referred to as PASSWORD), the VISITOR enters their section of the APPLICATION, hereinafter referred to as the WORK ENVIRONMENT, and the VISITOR’s status changes to user of the WORK ENVIRONMENT (hereinafter referred to as the USER).
ID and PASSWORD
For security reasons, the VISITOR/USER should never pass on or share their ID and PASSWORD with third parties. The OWNER is legally entitled to refuse access at any point in time to a USER for a specific or indeterminate period of time, if the OWNER obtains proof that the USER has been negligent in using their ID or PASSWORD. In such instances, the OWNER is entitled to demand damages from the USER. In such instances, the USER is not entitled to demand any damages from the OWNER.
The PASSWORD is not known to the OWNER and is stored in an encrypted format. Only the USER is familiar with his or her PASSWORD. In the event that the USER loses or forgets the PASSWORD, the OWNER will, where possible and on simple request, provide the USER with a temporary new PASSWORD, whereby the deadline by which the USER should create their own new PASSWORD is stated. In such instances, the USER may not demand any damages from the OWNER for the fact that their temporary PASSWORD was not available on time or not available at all.
All information included on the GATEWAY is merely for informational purposes. Nothing that is posted on the GATEWAY is legally binding for the OWNER. The OWNER cannot be held responsible for the consequences of the interpretation of information posted on the GATEWAY. Any information posted on the GATEWAY relating to delivery deadlines or sales terms and conditions must first be confirmed in writing by the OWNER before they become legally binding for the OWNER.
The APPLICATION and the WORK ENVIRONMENT are included in the finished market version V2.0 (hereinafter referred to as V2.0). This means that the WORK ENVIRONMENT has been tested providing a guarantee of reasonably stable functioning, but not providing a guarantee of uninterrupted functioning and accuracy of the information. The APPLICATION and the WORK ENVIRONMENT will be adjusted in the future to reflect users’ comments, so that some temporary instability may occur in spite of the fact that the OWNER will do everything in its power to switch to new versions and to ensure that improvements are made as gradually as possible. By logging in to the WORK ENVIRONMENT and using this, the USER accepts that the WORK ENVIRONMENT may contain imperfections and that it may be subject to changes. The USER accepts that a part or all of his or her information (hereinafter referred to as DATA) may be irredeemably lost or that the information that appears in reports and on screens (hereinafter referred to as REPORTS) may contain errors. The USER agrees that he or she will under no circumstances hold the OWNER responsible for the direct or indirect consequences of any possible loss of DATA or for the direct or indirect consequences of any errors in the REPORTS. The OWNER offers the USER the opportunity to export the DATA from the WORK ENVIRONMENT at any point in time to another infrastructure. The USER accepts that he or she has sufficient possibilities of protecting himself or herself from any interruption to the functioning of the WORK ENVIRONMENT and against a possible loss of DATA.
The USER may expand his or her own WORK ENVIRONMENT by ordering additional function packages (hereinafter referred to as PACKS) from the OWNER via the WORK ENVIRONMENT. Once a PACK has been ordered, the same terms and conditions apply to the use of the PACK as for the use of the WORK ENVIRONMENT. A PACK is published by the OWNER at its own discretion and contains functions and possibilities that the OWNER may change at any point in time. As long as a PACK is not yet completely finalised, the OWNER will indicate that this PACK is at a development stage (hereinafter referred to as BETA). As soon as the OWNER has decided that a PACK has been sufficiently tested, the OWNER will announce that the PACK is now available in a market version identified by a version code (hereinafter referred to as VERSION). The USER may not oppose the OWNER’s decision to publish a certain PACK in a VERSION, to change it or remove it. The USER may not demand any damages from the OWNER for any changes to or removal of a PACK.
The use of the WORK ENVIRONMENT is free of charge for residents and legal persons with registered office in countries within the European Union. For the use of a PACK, the OWNER will charge the USER a monthly fee (hereinafter referred to as the SUBSCRIPTION FEE), which will appear on the WEBSITE and that will first be confirmed by the OWNER in order and payment correspondence with the USER. The USER can also opt to pay the SUBSCRIPTION FEE in advance for periods of more than one month. The terms and conditions of these advance payments are posted on the WEBSITE and will first be confirmed by the OWNER in order and payment correspondence with the USER. The SUBSCRIPTION FEE runs automatically for successive periods of one month or, should the user choose the advance payment option, for successive periods for the duration of the pre-paid period. A fee is charged for using a BETA version PACK. If a USER chooses an advance payment option that has not yet expired and the OWNER decides to remove the PACK from circulation, the OWNER will reimburse the USER pro rata for the outstanding time on the subscription.
The OWNER agrees to treat all personal DATA with respect. This includes the name, address, e-mail address, telephone and fax numbers of the VISITOR/USER that the VISITOR/USER enters on the WEBSITE (hereinafter referred to as PERSONAL DATA). The VISITOR/USER agrees to provide correct DATA at all times and to notify the OWNER of any changes to PERSONAL DATA within 10 working days.
PERSONAL DATA remains strictly confidential and is stored by the OWNER in a central database for its own internal use and for purposes for which the VISITOR/USER entered it, for example, for questions relating to user support or feedback. The OWNER will not pass on any PERSONAL DATA to third parties, unless with express permission from the VISITOR/USER, for example, when the USER makes a project accessible to a colleague or when we are required by law to do so. The VISITOR/USER agrees to receive an e-newsletter from OWNER once a month. In compliance with the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data, the VISITOR/USER may consult or correct PERSONAL DATA at any point in time by written request. This may be submitted via the WORK ENVIRONMENT or by sending an e-mail to the OWNER. The VISITOR/USER may also ask for PERSONAL DATA to be removed from the OWNER’s files. In this case, the VISITOR/USER accepts that the WORK ENVIRONMENT will be de facto inaccessible for the VISITOR/USER, as it will no longer be possible to identify the VISITOR/USER.
The WORK ENVIRONMENT offers the USER the opportunity to invite business partners, employees, colleagues, contacts, acquaintances, family members and friends (hereinafter referred to as FRIENDS) to use the APPLICATION. The USER is completely responsible and liable for their FRIENDS’ DATA (hereinafter referred to as FRIENDS’ DATA) and for the correspondence with those FRIENDS (hereinafter referred to as CORRESPONDENCE). The USERS should safeguard the OWNER from possible claims for damages from the FRIENDS relating but not limited to privacy, for instance. The USER will not use improper language in his or her CORRESPONDENCE and will not reveal any commercial information in the CORRESPONDENCE. If the OWNER receives a complaint or even notices something that conflicts with an aspect of this point in the terms and conditions, it is legally entitled to refuse the USER access to the WORK ENVIRONMENT at any point in time without out prior notification for a specific or indeterminate period of time, and the USER may not oppose this and will not be entitled to demand damages for the fact that the WORK ENVIRONMENT is no longer accessible to them. The OWNER is also free to demand damages from the USER commensurate with the damages suffered by the OWNER.
The USER accepts that the OWNER has the right to consult the FRIENDS’ DATA. The OWNER will not use this FRIENDS’ DATA for promotional ends and will not send an e-newsletter to the USER’s FRIENDS, unless these FRIENDS have indicated that they would like to receive this information. The OWNER will send an e-message just a few times per year to FRIENDS to ask if they still want their FRIENDS’ DATA to remain in the databank of the OWNER to limit the expansion of dormant DATA and to combat meaningless expansion of the infrastructure.
The USER accepts that the OWNER may already be in possession of certain FRIENDS’ DATA or may obtain FRIENDS’ DATA via other channels. The USER accepts that the OWNER becomes the legal proprietor of the FRIENDS’ DATA if one of the FRIENDS becomes a USER. In terms of rights and obligations, should such a transfer take place, the FRIENDS’ DATA is considered to have been acquired by the OWNER, and the rights and the obligations of the USER remain unaltered by this, in particular although not limited to the obligation to always use proper language.
The OWNER may, at its own discretion and at any point in time, allocate a special code (hereinafter referred to as the REFERRAL CODE) that the USER can give to FRIENDS to allow them privileged access to the APPLICATION. The REFERRAL CODE remains the property of the OWNER at all times. The OWNER may unilaterally retract the right to use the REFERRAL CODE at any time and the USER may not oppose this decision nor demand any damages for the removal of this USER’s right.
The USER may unilaterally terminate the agreement at any point in time via the WORK ENVIRONMENT or by simply sending an e-mail to the OWNER. The OWNER will then close the WORK ENVIRONMENT and keep the DATA for one month after the date of the termination by the USER. During this month, the USER may re-activate the WORK ENVIRONMENT without any loss of any DATA or the loss of the right to use any pre-paid PACK that has not yet reached its expiry date. After one month, the DATA will be irredeemably destroyed, the USER may no longer obtain access to the WORK ENVIRONMENT and he or she loses any right to use a pre-paid PACK that has not yet reached its expiry date. The PERSONAL DATA of the USER will not be automatically deleted, so that it will still be possible for the OWNER to identify the former USER, should they re-register. The OWNER will not send any further e-newsletters to the former USER. Should the former USER wish to use the APPLICATION again, they should re-register as a new USER.
If the USER has not accessed the WORK ENVIRONMENT for a period of six months, the OWNER is legally entitled to consider this lack of activity as a unilateral termination of the agreement by the USER. In this instance, the OWNER will warn the USER via an e-mail address from the PERSONAL DATA that the DATA will be deleted one month later. Should the OWNER receive no response from the former USER, it is entitled to delete the DATA and the former USER will have no entitlement to demand damages from the OWNER.
The ownership rights and copyrights of all texts and photos on the WEBSITE belong to the OWNER. No single part of these texts and no photos may be duplicated or reproduced, irrespective of the format, by third parties without the prior written agreement of the OWNER.
The brand name FunkyTime is the property of the OWNER. FunkyTime is a registered trademark in Europe.
Belgian law is applicable. In event of a dispute between the VISITOR/USER and the OWNER, only the courts of Ghent, section Oudenaarde are competent.