Terms and Conditions – Privacy policy – Komec website

1. Acceptance of terms and conditions

By using this website, the user accepts the following terms and conditions (including privacy policy) of Komec Helsen NV, Kernenergiestraat 79, 2610 Wilrijk, Belgie, hereinafter “Komec”.

2. Change of content, limited access and discontinuation of website

Komec reserves the right to modify the content, limit the access or discontinue the website at all times, without prior notification of the user.

3. License to use website

Unless otherwise stated, Komec owns the intellectual property rights in the website and material on the website. This includes all logo’s, lay out, icons, pictures, video clips, plans, drawings or products. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not, unless prior, written permission of Komec is obtained:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

4. Reasonable use

The website may only be used in a reasonable, generally acceptable way. You may not use the website in any way that will cause harm to the website, modify its content or affect its access. This includes causing the website to be affected by spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. The website may not be used in connection with any illegal activity. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) in relation to this website. You may not use this website to send unsolicited commercial advertisement.

5. No warranties

This website is provide ‘as is’ without any representations or warranties, express or implied. Komec makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Komec does not warrant that: – this website will be constantly available, or available at all; or – the information on this website is complete, true, accurate or non-misleading. The link to other websites does not contain any recommendation with regards to those websites and Komec is in no way responsible for het content of those websites.

6. Limitations of liability

Komec will not be liable to you in relation to the contents or use of this website. This includes an exemption of liability, whether under the law of contact, the law of torts or otherwise, and for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Komec has been expressly advised of the potential loss.

7. Privacy Statement

In the case that personal information is being requested and the law of 8 december 1992 on the protection of privacy is applicable, then the information will be treated in accordance with this law. The shared information will be used for management of clients, supplies and orders, as well as for regulating access to the restricted area of the website and managing web-content in those areas. The information will not be used for direct marketing. Moreover, personal information will only be used by Komec and will not be shared with third parties

8. Cookie policy

Our website uses session cookies to optimize your site visit. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences over a period of time, so you don’t have to keep re-entering them whenever you browse from one page to another. Furthermore, our site allows the use of third-party cookies of Google Analytics. This is a web analysis service offered by Google to help analyse the way users use the website. Google’s privacy policy can be consulted at: https://www.google.com/policies/privacy/. Many browsers allow users to block cookies, using these could negatively impact the usability of the website.

9. Restricted access

Access to certain areas of this website is restricted. Komec reserves the right to restrict access to other areas of this website, or indeed this entire website, at Komec’s discretion. Access to the restricted areas that require user ID and password is forbidden unless Komec expressly provided you a user ID and password for that purpose. If Komec provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. The user ID and password may therefore not be shared with third parties. Komec may disable your user ID and password at Komec’s sole discretion without notice.

10. Confidential Information in the restricted area

a. Confidential Information

The “Confidential Information” in the restricted area shall be treated as strictly confidential. Confidential Information means all information, including business or technical information. However, Confidential Information shall not include information which is: (a) lawfully obtained by user from other sources on a non-confidential basis; or (b) otherwise generally available to the public, absent any breach of any confidentiality obligations. Confidential Information shall not be considered as available to the public if only part of this information is included in general publications or announcements, or has become public knowledge.

Confidential Information shall include, but is not limited to,

  • information regarding all products made by Komec or his clients or suppliers;
  • information relating to the business of Komec or his clients or suppliers, including cost and pricing data, data warehouse and methodologies, designs, sales and marketing plans and strategies;
  • all know-how, trade secrets, software products, programming techniques, technical and non-technical materials, including technical drawings, specifications, and processes, of Komec, his clients or suppliers;
  • the identity of the clients and suppliers of Komec;

and any discussions and proceedings relating to any of the foregoing, whether disclosed in oral, electronic, visual, written or any other form.

b. Disclosure and use of Confidential Information

Disclosure of Confidential Information User shall keep strictly confidential and not disclose to any third party Confidential Information. Notwithstanding the foregoing, Confidential Information may be disclosed to third parties by user to the extent required in order to: (i) perform usersKomec’ss obligations towards Komec, subject to prior approval of Komec; or, (ii) comply with professional standards of conduct to which User is bound by law for preservation of the public safety, health, or ordre publique; or, (iii) comply with any court order, statute or governmental directive. Cooperation in case of required disclosure In the event that such compliance with professional standards, court order, statute or governmental directive requires disclosure of Confidential Information, user shall provide prompt notice to Komec before such Confidential Information is disclosed. User shall cooperate with Komec if Komec seeks a protective order or other appropriate remedy to prevent the disclosure of Confidential Information. If no such protective order or other remedy is obtained, user will furnish only that portion of the Confidential Information which it is advised by its counsel it is legally required to furnish. Permitted use of Confidential Information User shall not use the Confidential Information except where allowed to by Komec or where necessary to fulfil contractual obligations towards Komec. Notification of breach As soon as user becomes aware of any breach of the confidentiality and non-use obligation contained in this agreement, he shall promptly notify Komec of such breach.

c. Precautions

In order to comply with its confidentiality and non-use obligations, user undertakes to make best efforts to take all necessary precautions in order to ensure the confidentiality of the shared Confidential Information. These efforts include, but are not limited to, the implementation of best practices of protection for: information security, physical access to Confidential Information, and electronic transfer of Confidential Information.

d. Personnel

User shall at all times be responsible for the compliance of his Personnel with the terms of this Agreement. User further undertakes to disclose Confidential Information only to such of its personnel who have a need to know such Confidential Information. Before any release of Confidential Information to personnel, user shall take appropriate measures to ensure its personnel shall treat the information as confidential on a level at least on a par with this agreement, including where necessary, the signing of confidentiality agreements with such personnel. User shall ensure that the Personnel that stopped working for user will continue to abide by these confidentiality obligations in accordance with this agreement.

e. Breach of confidentiality or non-use obligations

In case of a breach of any of the provisions of this agreement, user undertakes to pay a penalty of 10.000 EUR to Komec for each such breach. In addition, user shall indemnify Komec for all costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, and legal costs – calculated on a full indemnity basis) suffered or incurred by Komec in connection with any breach of this agreement by user.

f. Return of Confidential Information

User shall promptly return to Komec all of the Confidential Information and delete or destroy all its storage of Confidential Information when this Confidential Information cannot be returned, upon the earliest of the following cases: (i) Upon Komec’s request; (ii) Upon termination or expiration of the agreement with Komec in the framework of which the Confidential Information was shared; (iii) Upon the end of the cooperation between user and Komec in the framework of which the Confidential Information was shared.

g. Survival of confidentiality and non-use obligations

User will continue to be bound by its obligation of confidentiality and non-use under this agreement for a period of ten (10) years after the termination or expiration of the agreement or cooperation with Komec in the framework of which the Confidential Information was shared. Where the Confidential Information is trade secret information, user’s obligation of confidentiality and non-use under this agreement as regards that information will survive indefinitely until such information no longer qualifies as a trade secret.

h. Representation regarding prior disclosure

User represents and warrants that, to the best of its knowledge, no disclosure to any unauthorized third party has been made of Confidential Information prior to the effective date of this agreement.

i. No transfer of ownership

User acknowledges that the sharing of the Confidential Information does not imply in any way the transfer of property of the shared information.

11. Breaches of these terms and conditions

Without prejudice to Komec’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Komec may take such action as Komec deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Furthermore, will be responsible to indemnify Komec against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Komec to a third party in settlement of a claim or dispute on the advice of Komec’s legal advisers) incurred or suffered by Komec arising out of any breach by you of any provision of these terms and conditions.

12. Severability

If any provision, or sub-provision, of these terms and conditions is, or is found to be, unenforceable, that will not affect the enforceability of the other (sub-)provisions of these terms and conditions. If an unenforceable provision would be enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Revision of these terms and conditions

Komec reserves the right to modify at all times these terms and conditions (including privacy policy) without prior notification to the user. It is the responsibility of the user to ascertain whether these terms and conditions (including privacy policy) have changed, and the continued use of the website shall be regarded as a continued acceptance of these terms and conditions. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

14. Relationship to other legal documents between the parties

These terms and conditions are to be read in conjunction with the general conditions of sale in case these are applicable. In case of conflict between these terms and conditions with the conditions of any agreement specifically negotiated in writing with a party, the terms of those specifically negotiated agreements shall prevail over these terms and conditions. However, where a certain type of clause does not appear in the separately negotiated agreement (for instance if does not contain a NDA or a forum choice), then these terms and conditions will complement that agreement. If there are no specifically negotiated agreements agreements in writing between the parties, these terms and conditions, together with the general conditions of sale, consitute the entire agreement between the parties.

15. Applicable law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Belgian law and any disputes relating to these terms and conditions, or concerning the relationship between the parties, will be subject to the exclusive jurisdiction of the courts of Antwerp, Belgium.