1.1. This document describes the Terms and Conditions that apply to the use of the "MyWDP" online portal (hereafter referred to as the 'Terms and Conditions') of Warehouses De Pauw NV, a public regulated real estate company under Belgian law, with company number 0417.199.869, which is established at 1861 Wolvertem, Blakebergen 15 (hereafter referred to as'WDP') to its customers.
MyWDP Portal: refers to the online customer portal of WDP, where the Customer identifies his Users and where he has access to the available Documentation. The MyWDP Portal is accessible on the following website: my.wdp.eu.
Documentation: all relevant and available information and documents for the Customer in general and a certain User in particular regarding his relationship with WDP, which WDP makes available on the MyWDP Portal.
User: natural person who is authorised by the Customer to use the MyWDP Portal or who is ultimately intended to use it.
Incident: an unexpected interruption or reduction in quality of access to or use of the MyWDP Portal.
Admin User: the natural person-User who is employed by, authorised by the Customer to represent the Customer on the MyWDP Portal and is responsible for managing the accounts of the Users on the MyWDP Portal, as well as being the contact as regards communication with WDP concerning the My WDP portal.
Customer: every company in Belgium or abroad that is a customer of WDP or (one of) its subsidiaries and in this context has been given access to the MyWDP Portal.
Invoice: refers to the document named as such in which WDP demands payment for its services.
Party or Parties: WDP and/or the Customer.
Service: refers to the use of the MyWDP Portal.
Trademark: all trademarks, service marks, trade names, logos or other words or symbols which refer to any services or business activities of WDP.
2. ACCESS TO THE MYWDP-PORTAL
2.1. WDP takes the initiative to invite its Customers to use the MyWDP Portal. The Customer will receive an invitation by email addressed to the Customer's Admin User. After filling in the contact details, the Admin User will have the possibility to give four (4) other persons (at least partial) access to the MyWDP Portal.
2.2. Access to the MyWDP Portal is largely determined by the Customer himself, in the sense that he:
Is responsible for indicating up to five (5) natural persons (the Users, including the Admin User) who may be granted access to the MyWDP Portal;
He will have to determine the role per User with the corresponding authorisations and the respective data to which he/she may have access.
2.3. Access to the MyWDP Portal is exclusively reserved for WDP Customers. The termination of the contractual relationship between WDP and the Customer consequently implies the end of access to the MyWDP Portal.
3. PROVISION OF THE SERVICE
3.1. WDP grants you as a Customer a temporary, non-exclusive and non-transferable right to use the Service for professional purposes. Any other use, whether in return for payment or not, is prohibited.
3.2. To facilitate the provision of the Service, it may be necessary to download and install certain programs and/or data files (e.g. cookies) on your device. By using the Service, you are informed of, and agree to WDP installing such data files and/or programs.
3.3. If you commit a serious and/or repeated breach of your obligations under these Terms and Conditions, WDP may suspend the provision of the Service by simple written notice until you have fulfilled all your obligations, or terminate the Service automatically, by operation of law and without prior notice, without notice or compensation.
3.4. WDP does its best to display correct and up-to-date information on the MyWDP Portal and can amend and update this information without prior notification. However, WDP, its management, employees and third parties referred to on the MyWDP Portal do not guarantee, either implicitly or explicitly, that the MyWDP Portal functions accurately, error-free or virus-free, nor that the content of the MyWDP Portal is at all times correct and/or complete, and they explicitly reject any liability for direct or indirect damage resulting from the access to and/or the use of the MyWDP Portal by the Customer.
3.5. The MyWDP Portal may contain hyperlinks to other websites which are possibly not checked in technical terms, nor are subject to revision, by WDP. Consequently, WDP, its management, its employees and third parties, cannot guarantee the completeness or accuracy of the contents, offered through such links, or the availability of these websites. Consequently, WDP does not accept liability for any direct or indirect damage caused by the use of these hyperlinks and/or websites.
3.6. The invoicing or consumption data accessible on the MyWDP Portal are purely informative and not binding to WDP. The MyWDP Portal is by no means a replacement for the shipment (by WDP or a third-party supplier) of the legal invoice in paper or electronic format.
3.7. WDP can only be held liable in case of fraud or gross negligence of itself or one of its employees. In that case WDP’s liability shall be limited to repairing the foreseeable, direct, personal and definite damage suffered by the Customer, with the exclusion of the repair of indirect or immaterial damage such as additional costs, loss of income or profit, loss of clients, loss or damage of data, loss of contracts, damage to third parties, etc.
WDP is under no circumstances liable for any direct or indirect damage suffered by a Customer in case of an Incident. WDP rejects all responsibility in case of interruption, even temporary, of the Service it offers to its Customers.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1 The Customer must provide WDP with any cooperation necessary for the correct performance of the Service and these Terms and Conditions. This includes, but is not limited to:
files, documents or other information relevant to the provision of the Service;
immediately changing the data in the MyWDP Portal as such in the event that the relevant information for the provision of the Service is no longer accurate or up to date (e.g. change of contact email address, change of contact details or identity of a User);
indicating up to five (5) Users, including the Admin User, who may have access to the MyWDP Portal and determining the data to which each respective User may have access.
The Customer acknowledges and accepts that not providing this cooperation or (appropriate) information to WDP in view of the provision of the Service may affect this provision.
4.2. The Customer undertakes to keep his identification codes (password, user name, etc.) secret and confidential. The Customer is solely responsible for the use made of these identification elements. In case of loss, theft or fraudulent use of one of these elements the Customer must immediately inform WDP.
4.3. The Customer must ensure that only authorised persons have access to the MyWDP Portal. The Customer must comply with any other security or technical standards that WDP may impose from time to time to log on to the MyWDP Portal. WDP cannot verify whether requests for access and use of the MyWDP Portal are legitimate and rejects any liability for the consequences of fraudulent or unlawful access and fraudulent or unlawful use.
4.4. The Customer undertakes to use the MyWDP Portal as a good administrator, for legitimate purposes and in accordance with the provisions of these Terms and Conditions and any documentation provided by WDP in relation to the MyWDP Portal and in accordance with the applicable legislation (if applicable including the rules on data protection) and other third party rights.
4.5. The Customer undertakes to keep confidential the access to, the use of and the data and Documentation available in the MyWDP Portal.
4.6. The Customer must ensure that all Users who have access to the MyWDP Portal comply with the obligations arising from these Terms and Conditions, and accepts liability for this.
5. PRIVACY STATEMENT
6. Intellectual property
6.1. WDP’s name and logo are names and trademarks protected by national and international registrations.
6.2. The content of the MyWDP Portal is protected under applicable copyright, trademark and other intellectual property rights. None of these rights are transferred to the User thereof. The information on the MyWDP Portal may not be made public, multiplied or processed without WDP's permission, except for professional use.
7. GENERAL PROVISIONS
7.1. If one or more provisions of the Terms and Conditions are deemed to be invalid, unlawful or unenforceable, these provisions must be interpreted in such a way that they are consistent with the applicable legislation, to reflect the original intentions of the Parties as closely as possible. The rest of the provisions remain in force.
7.2. Failure by WDP to enforce any provision of these Terms and Conditions or to take any action against the Customer in the event of a possible breach of any provision may not be construed as any waiver of claim or right in respect of such provision or breach, unless so confirmed in writing by WDP. In any event, this shall not be construed as a waiver of any claim or right in respect of any future breach.
7.3. All disputes arising from or related to the use of the MyWDP Portal or the acceptance, interpretation or observance of the present Terms and Conditions fall under the exclusive jurisdiction of the competent court in Brussels (Dutch-speaking section). These Terms and Conditions and the use of the MyWDP Portal are also governed by Belgian law.
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