Terms

 

The Sites (as defined here below) are operated by the Belgian company ARTEÏA SA, having its registered seat at 1050 Ixelles (Belgium), Avenue Louise, 140 and registered under the legal entity register (RPR Brussels) of the Crossroads Bank for Enterprises under no. 0660.611.471.

In connection with the delivery of services provided by ARTEÏA, additional terms and conditions shall apply (e.g. ARTEÏA’s Terms and Conditions), of which you will be informed in each individual case.

We advise you to please review these Terms of Use (as defined here below) carefully before using our Sites (as defined here below). Your access to and use of the Sites (as defined here below) indicate your agreement to be bound by the following Terms of Use.

 

Terminology and interpretation

Unless the context otherwise requires, each of the following words and expressions in these Terms of Use shall have the following meaning:

“Terms of Use” refers to the present terms of use as amended from time to time that are applicable to the access to and use of Sites.

“ARTEÏA”, “Ourselves”, “We” and “Us” refer to the Belgian company ARTEÏA, as more precisely identified at the beginning of the Terms of Use.

“the User”, “You” and “Your” refer to the natural person or legal entity who accesses or uses the Sites.

“Sites” refer collectively to the website https://app.arteia.com/ and all associated and corresponding web pages, applications and websites.

“Personal Data”, or “Data” mean any information relating to an identified or identifiable natural person; an identifiable natural person (“Data Subject”) is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“User Content” refers to any content whatsoever uploaded, created and/or made available through the Sites by the User, provided they chose to create an account on the Sites.

 

Article 1 – Amendments to the terms of use

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of use at any time.

 

Article 2 – Scope

  1. These Terms of Use shall apply to the relationship between ARTEÏA and the User with respect to the access to and use of the Sites by the User, unless specifically agreed otherwise in writing by the Parties.
  2. The User acknowledges that the access to and the use of the Sites may require and/or contain third party software or services that are subject to third party license agreements and/or terms of use. If and insofar as ARTEÏA makes the software or services of third parties available to the User, then the license agreements and/or terms of use of those third parties will also be applicable with regard to this software or these services instead of the provisions of these Terms of Use. Insofar as the User has entered into a (license) agreement with these third parties, this agreement will apply between the third parties concerned and the User, without any obligation or responsibility for ARTEÏA. The User accepts the terms of use referred to and, if applicable, the license agreement of these third parties.
  3. ARTEÏA reserves the right, at any time, to modify the Sites or any part thereof with or without notice. You agree that ARTEÏA will not be liable to you or to any third party for any modification, of the Sites or any part thereof.

 

Article 3 – Requirements for accessing and using the sites

  1. By accessing and using the Sites, you are deemed to have recognised that you are at least 18 years of age.
  2. If you are accepting the Terms of Use and accessing and using the Sites on behalf of a third party, a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

 

Article 4 – Disclaimer

  1. The services, products, offerings, content and materials on the Sites are provided “as is” and without warranties of any kind, either express or implied. Except as prohibited by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, accuracy or non-infringement of intellectual property. Neither ARTEÏA nor any of our licensors, licensees, subcontractors, service providers or suppliers warrant that the Sites or any function contained in it will be uninterrupted or error-free, that defects will be corrected, or that these Sites or the servers that make this website available are free of viruses or other harmful components.
  2. Any service, product, offering, content and material downloaded or otherwise obtained through the use of the Sites is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such service, product, offering, content or material.

 

Article 5 – Liability

  1. To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever arising out of the use of the Sites. If you are dissatisfied with any portion of our Sites, or with any of these Terms of Use, your sole and exclusive remedy is the discontinuation of your use of the Sites.

 

Article 6 – Access to and use of the sites

  1. The User agrees to comply to the following obligations when accessing and using the Sites:
    1. you shall not use in any way or encourage others to use the Sites in any way that is unlawful or in breach of these Terms of Use ;
    2. you shall not license, sell, rent, lease, transfer, assign, distribute, customise, or otherwise commercially exploit the Sites ;
    3. you shall not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Sites, in whole or in part ;
    4. you shall not use the Sites in any manner that would damage, disable, overburden or impair said Sites, or interfere with any other party’s access to and use of said Sites ;
    5. you shall not engage in any conduct in connection with the Sites that may be harmful, abusive or would negatively affect the interests of ARTEÏA ;
    6. you shall not access the Sites in order to build or promote a similar or competitive website ; and
    7. except as expressly stated herein, no part of the Sites (or their software code) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
  2. The User further agrees not to engage in any activity and not to post any User Content, if you chose to create an account, which is or includes material that :
    1. is dishonest, disloyal or fraudulent ;
    2. is hate speech, threatening, or pornographic or is liable to incite to resorting to violence ;
    3. is offensive, abusive, defamatory, pornographic, threatening, or obscene ;
    4. is intended to or does harass or bully other users ;
    5. includes your password or purposely includes any other user’s password or purpose ;
    6. includes personal data of third parties or is intended to solicit such personal data ;
    7. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to and use of the Sites ;
    8. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar methods ;
    9. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading ;
    10. uses automated means to artificially promote content ;
    11. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorised by ARTEÏA ;
    12. links to, references, or otherwise promotes commercial products or services, except as expressly authorised by ARTEÏA ; or
    13. conflicts with the Terms of Use, as determined by ARTEÏA.
  3. The list under 6.2. is not limitative nor exhaustive. ARTEÏA reserves the discretionary right to consider any other act a violation of the Terms of Use.
  4. You acknowledge and agree that engaging in such activity or posting any such User Content may result in immediate termination or suspension of your access to the Sites or of your ARTEÏA account, if you chose to create one. You also agree that ARTEÏA may also reclaim your username for any reason in that last hypothesis.

 

Article 7 – Protection of the other users' rights

  1. ARTEÏA’s objective and aspiration is to respect the rights of all of its users. We expect of our users to act with the same diligence and to keep these ideals in mind.
  2. As User, you must respect the following obligations at all times :
    1. You will not post content or take any action on ARTEÏA Sites that infringes or violates someone else’s rights or otherwise violates the law ;
    2. We can remove any content or information you post on ARTEÏA Sites if we believe that it violates these Terms of Use or where we are permitted or required to do so by law ;
    3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate ;
    4. If you collect information from users, you will : obtain their consent, make it clear you (and not ARTEÏA) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it ; and
    5. You will not post any other user’s identification documents or sensitive financial or legal information on ARTEÏA’ Sites.
  3. You acknowledge and agree that the violation of one of the aforementioned obligations may result in immediate termination or suspension of your access to the Sites or of your ARTEÏA account, if you chose to create one. You also agree that ARTEÏA may also reclaim your username for any reason in that last hypothesis.

 

Article 8 – Term and termination

  1. ARTEÏA is authorised to stop providing all or part of the Sites, be it temporarily or definitely, to the User immediately if, in its sole discretion, the User clearly, seriously or repeatedly violates the Terms of Use or any of its policies or if ARTEÏA is required to do so by law.
  2. ARTEÏA will notify the User by email or the next time the User attempts to access or use the Sites. The User can contact ARTEÏA if they think we have suspended or disabled their account by mistake.
  3. The User may also choose to temporarily deactivate or permanently delete their account, if you chose to create one, at any time.

 

Article 9 – Intellectual property and data

  1. You acknowledge that all of the intellectual property, e.g. among others: copyright, trademark rights, database rights and other property rights attached to the texts, photographs, graphics and audio, video or animation files and their layout (together with the underlying software codes), in the Sites is owned by ARTEÏA or ARTEÏA’s licensors.
  2. Unless explicitly stated otherwise, ARTEÏA or ARTEÏA’s licensors’ intellectual property may only be used without the written permission of ARTEÏA for the purposes specified in these Terms of Use or for the purposes specified in the text on the Sites. You are not permitted to use the Sites and their content in a manner that may infringe the intellectual property rights of ARTEÏA, ARTEÏA’s licensors or third parties. The User is explicitly prohibited from distributing, extracting, reproducing or otherwise altering, transferring, re-utilising, re-providing or using (including but not limited to through the use of “robots” or other mechanisms) content of the Sites (including the booking mask, text, images or audio or video files) for public or commercial purposes.
  3. Nothing in these Terms of Use grants you any legal rights, title or interest in or to such intellectual property other than as necessary to enable you to access and use the Sites. ARTEÏA and its suppliers reserve all rights not granted in these Terms of Use.

 

Article 10 – Hyperlinks and third party products and services

  1. The services provided by ARTEÏA and Sites might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of ARTEÏA and ARTEÏA is not responsible for any Third Party Sites & Ads. ARTEÏA does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk.
  2. When the User uses a link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. The User should make whatever investigation they feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

 

Article 11 – Privacy policy

  1. Compliance with the applicable legislation
    1. ARTEÏA undertakes to comply with all of the applicable legislation regarding processing of Personal Data, including
      1. the law of 8 December 1992 on the protection of private life with respect to the processing of Personal Data and
      2. the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC, as of its entry into force.
  2. Security of Personal Data
    1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, ARTEÏA undertakes to take all appropriate technical and organisational precautions to preserve Personal Data security, and in particular to prevent such data from being corrupted or damaged and to prevent unauthorised third parties from accessing such data, including, as appropriate, the measures referred to in article 32(1) of the General Data Protection Regulation.
  3. Collection, use and disclosure of Personal Data by ARTEÏA
    1. ARTEÏA collects Personal Data of the Users who access or use the Sites for customer relationship management purposes, such as invoicing, assistance, maintenance and improvement of performances with respect to the Sites, etc and, in the measure that you allow it, to inform you about services or products in which you are likely to be interested.
    2. ARTEÏA undertakes not to use the Personal Data for purposes other than those mentioned above. However, ARTEÏA might be required by law to disclose such Personal Data to judicial and/or administrative authorities. In this case and unless prevented by legal requirement, ARTEÏA shall inform the User of such an obligation and limit disclosure to the Data expressly requested by said authorities.
    3. In accordance with the abovementioned purposes, the User expressly agrees that the Personal Data related to the User may be transferred by ARTEÏA to its affiliates and processors acting on its behalf that take part in developing and maintaining the Sites, including outside of the European Union. Such affiliates and processors will access the Personal Data of the User exclusively for the abovementioned purposes and in strict compliance with the Applicable Data Protection Laws.
    4. The User has the right to withdraw consent on processing of its Personal Data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
    5. In accordance with the Applicable Data Protection Laws, the User has the right to request from ARTEÏA access to and rectification or erasure of Personal Data or restriction of processing concerning the User or to object to processing, as well as the right to Data portability. Such requests shall be addressed to ARTEÏA in writing, upon which ARTEÏA shall provide information on action taken without undue delay.
    6. In case of non-compliance by ARTEÏA to the Applicable Data Protection Laws, the User has the right to lodge a complaint with a supervisory authority.

 

Article 12 – Cookies policy

  1. We collect information about you using “cookies”, “tracking pixels” and similar technologies.

    2. “Cookies” are small files that are placed on your browser or device by the website or app you are using or by the advertisement you are viewing.

    “Tracking pixels” are small blocks of code on a webpage or app used to track your usage information. Tracking pixels are invisible to you and any portion of our Sites (including app and advertisements) may contain tracking pixels.

  2. Your Personal Data collected via aforementioned technologies are processed in accordance with our privacy policy included in these Terms of Use.
  3. Pursuant to Recital 30 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User must expressly agree to the use of cookies in relation to the access to and use of the Sites by way of an opt-in mechanism, provided in the form of DATA.

    4. Definitions of the terms used in the tables hereafter

     

    First party cookies:cookies that are placed by our website https://app.arteia.com/.
    Third party cookies:cookies that are placed by another website visited by the User, as indicated in the address bar of the browser.
    Session cookies:cookies that are removed when closing the browser.
    Permanent cookies:cookies that are stored during a determined period.

     

  4. ARTEÏA may use the following categories of cookies.

    5.  

    Third party cookies
    Cookie typeSession cookiePersistent cookie
    Authentication These cookies allow us to create your personal profile and to log you in.x
    Preferences These cookies allow us to remember your country of residence, language preferences, and other user-interface preferences.x
    On-line form These cookies allow us to remember the data you fill in so you will not have to re-enter it each time.x
    Analytics These cookies allow us to statistically monitor your usage of our services (e.g. which pages you find useful and which you do not) and to identify which pages are being visited most frequently.x
    User security These cookies aim at increasing security of the services. This includes techniques in order to prevent fraud and to detect abusive log-in attempts.x
    Flash These are multimedia cookies such as those used to store technical data necessary in order to display audio and/or video contents.x
    Load balancing These cookies improve the distribution of workloads across multiple computing resources and are able to send requests to specific servers.x
    Social plug-in content These cookies allow users of social media to share contents of the website on social media.x

     

  5. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to block cookies generally if you prefer. Most browsers offer instructions on how to do so in the “Help” section of the toolbar (including essential cookies). While you are not required to accept our cookies to access our Sites, if you reject cookies, you may not be able to access all or parts of our Sites and certain offerings, features, or resources of our website may not work properly and you may in consequence experience some loss of convenience or functionality.

    6.  

    Information about browsers might be found at the following webpages:
    Internet Explorer 9 : https://support.microsoft.com/en-us/help/278835/
    Microsoft Edge : https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
    Google Chrome : https://support.google.com/chrome/answer/95647?hl=en
    Firefox/Mozilla, In order to disable cookies: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences – In order to erase cookies:https://support.mozilla.org/en-US/kb/delete-browsing-search-download-history-firefox
    Safari 6/7 : https://support.apple.com/kb/PH17191?viewlocale=en_US&locale=nl_BE
    Opera : http://help.opera.com/Linux/10.10/en/cookies.html

     

  6. You are authorised to withdraw your consent to the use of cookies by ARTEÏA at any time and in the same way you initially gave your consent to our use of cookies.