General terms and conditions
and conditions

These terms & conditions were last updated on August 10, 2021

1. Introduction

These terms and conditions apply to this site and to transactions involving our products and services. You may be bound by additional contracts in connection with your relationship with us or products or services you receive from us. If provisions of the additional contracts conflict with provisions of these terms and conditions, the provisions of those additional contracts shall prevail.

2. Binding

By registering with, accessing or otherwise using this site, you agree to be bound by the terms and conditions set forth below. Use of this site implies that you have read and accepted these terms and conditions. In some specific cases, we may also ask you to expressly agree to them.

3. Electronic communication

By using this Site or communicating with us digitally, you agree and acknowledge that we may communicate with you digitally through our Site or by sending you an e-mail, and you agree that all agreements, notices, disclosures and other communications that we provide to you digitally comply with all legal requirements, including but not limited to the requirement that such communications be in writing.

4. Intellectual property

We or our licensors own and control all copyright and other intellectual property rights in the site and the data, information and other resources displayed by or accessible on the site.

4.1 All rights reserved

Unless otherwise indicated for specific content, no licence or other right is granted to you under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, reverse engineer, decompile, transmit, download, transmit, monetise, sell, market or commercialise any of the content of this site in any form without our prior written consent, except and only to the extent that regulations of mandatory law (such as the right to quote) provide otherwise.

5. Newsletter

Notwithstanding the above, you may forward our newsletter in digital form to others who may be interested in visiting our site.

6. Ownership of third parties

Our site may contain hyperlinks or other references to sites of other parties. We do not monitor or review the content of sites of other parties that are linked from this site. Products or services offered by other sites are subject to the applicable terms and conditions of those third parties. We do not necessarily share or endorse the views or materials contained in these sites.

We are not responsible for the privacy practices or the content of these sites. You bear all risks associated with the use of these sites and any related third party services. We do not accept any responsibility for any loss or damage, howsoever caused, arising from personal data you supply to third parties.

7. Responsible use

By accessing our site, you agree to use it only for its intended purposes and as permitted by these terms and conditions, any supplemental agreements with us, and by applicable laws, regulations and generally accepted online practices and guidelines. You must not use our site or services to use, publish or distribute any material which contains (or is linked to) malicious computer software; use data from our site for direct marketing activities; or conduct systematic or automated data collection activities on or in connection with our site.

It is strictly forbidden to engage in any activities that cause, or are likely to cause, damage to the site or that hamper the functioning, availability or accessibility of the site.

8. Registration

You can register for an account on our site. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information or secure access to our Site or Services with anyone else. You must not allow anyone else to use your account to access the Site, as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you discover that your password has been leaked or otherwise inadvertently disclosed to a third party.

After termination of your account, you may not attempt to register a new account without our permission.

9. Submission of ideas

Do not transmit to us any ideas, inventions, copyrighted works, or other information that may be considered your own intellectual property unless we have first signed an intellectual property or non-disclosure agreement. If you disclose the content to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the content in any existing or future media forms.

10. Termination of use

We may, in our sole discretion, modify or suspend access to the Site or any service thereon, temporarily or permanently, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to, or use of, the Site or any content that you may have shared on the Site. You will not be entitled to any compensation or other payment, even if certain features, settings and/or content that you have contributed or come to rely upon are permanently lost. You must not circumvent or attempt to circumvent any access restrictions on our site.

11. Guarantees and liability

Nothing contained herein shall limit or exclude any warranty provided by law which it would be unlawful to limit or exclude. This site and all content on the site is provided on an "as is" and "as available" basis and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not guarantee that:

• this site or our products will meet your requirements;
• this site will be available on an uninterrupted, timely, secure or error-free basis;
• the quality of any product or service you purchase or obtain through this site will meet your expectations.

Nothing on this site is intended to be taken as legal, financial or medical advice of any kind. If you need advice, you should consult an expert.

The following provisions of this clause shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability where it would be unlawful or prohibited to do so. In no event shall we be liable for any direct or indirect loss or damage (including any loss of profit or revenue, loss of or damage to data, software or databases, loss of or damage to property or data) suffered by you or any third party as a result of your access to, or use of, our site.

Except as otherwise expressly provided in a Supplemental Contract, our maximum liability to you for all damages arising out of or in connection with the Site or products and services marketed or sold through the Site, regardless of the cause from which such liability arises, shall be limited to the total price you paid to us to purchase such products or services or to use the Site. Such limitation shall apply to all claims of every kind and nature.

12. Privacy

To gain access to our site and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct and current.

We take the handling of your personal data seriously and are committed to protecting your privacy. We will not use your e-mail address for unsolicited mail. All e-mails sent by us to you will only be sent in connection with the delivery of agreed products or services.

13. Accessibility

We make every effort to make the content we provide accessible to people with disabilities. If you have a disability and cannot access any part of our site because of it, we ask you to notify us, giving a detailed description of the problem you are experiencing. If the problem can be easily identified and resolved using industry-standard information technology and techniques, we will resolve it promptly.

14. Export restrictions / Compliance with legislation

Access to the site is prohibited to visitors from territories or countries where the content or the purchase of the products or services sold on the site is illegal. You may not use this site in violation of the export laws and regulations of Belgium.

15. Order

You may not assign, transfer or sub-contract any of your rights and/or obligations under these terms and conditions in whole or in part to a third party without our prior written consent. Any purported assignment in violation of this section is null and void.

16. Breaches of these terms and conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site temporarily or permanently, contacting your internet service provider with a request to block your access to the Site, and/or taking legal action against you.

17. Force majeure

Except for the obligation to pay a sum of money, no delay, omission or default by either party in the performance or discharge of any of its obligations hereunder shall be considered a breach of these conditions if and so long as such delay, omission or default is due to any cause beyond the reasonable control of such party.

18. Indemnification

You agree to indemnify, defend and hold us harmless from and against all claims, liabilities, damages, losses and expenses, relating to your breach of these terms and applicable laws, including intellectual property and privacy rights. You will immediately reimburse us for our damages, losses, costs and expenses related to or arising out of such claims.

19. Waiver

Failure to enforce any of the provisions contained in these terms and conditions and in any other document, or failure to exercise the option of termination, shall not be construed as a waiver or implicit consent, and shall not affect the validity of these terms and conditions or any other agreement or part thereof, or the right thereafter to enforce all provisions.

20. Language

These terms and conditions shall be interpreted and construed exclusively in the Dutch language. All communications and correspondence shall be conducted exclusively in that language.

21. Entire agreement

These terms and conditions constitute the entire agreement between you and Schwung Solutions regarding your use of this site.

22. Updating of these terms and conditions

We may update these terms and conditions from time to time. You are obliged to check these terms and conditions regularly for changes or updates. The date at the beginning of these Terms and Conditions is the last revision date. Changes to these Terms and Conditions will become effective when such changes are posted on this Site. Your continued use of this site, following the posting of any changes or updates, will be considered notice of your acceptance of compliance with, and binding on you, these Terms and Conditions.

23. Choice of law and jurisdiction

These terms and conditions are governed by the laws of Belgium. All disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts in Belgium. If any part or provision of these terms and conditions is found by any court or other authority to be invalid and/or unenforceable, that part or provision shall be amended, deleted and/or enforced to the maximum extent permissible so as to effect the intent of these terms and conditions. The other provisions shall remain unaffected.

24. Contact information

This site is owned and operated by Schwung Solutions.

You may contact us with regard to these terms and conditions by writing to us or e-mailing us at the following address: moc.snoitulosgnuwhcs@ofni
Lange Violettestraat 237, 9000 Ghent

25. Download

You can also download our terms and conditions as a PDF.