Term & Conditions
Article 1. General
The user accepts that only these terms and conditions apply to the use of the service, to the exclusion of any general terms and conditions of the user.
Article 2. Description of the service
The service that we provide under the name Recipe Binder is an online application that allows the user to store digital files, share them with other persons, send them, and link them with other digital services and business software (CRM, ERP,…).
As part of the service, we also make storage space available to the user, for which we rely on a reliable third party. The provision of this storage space does not relieve the user of the service from his personal responsibility for making backups of the data that he stores via the service. We recommend all users to keep a backup elsewhere at all times.
The extent to which the above-described functionalities are available to the user can vary depending on whether or not the user uses the paid version of the service. The service is provided without any special warranty as to suitability for a particular use.
Article 3. Rights and obligations of the user
3.1. The user only has a right to use the service and acknowledges that we are and remain the holder of all intellectual property rights, of whatever nature, in the service and any software that we have developed or would develop to provide the service.
3.2. These terms do not grant us any intellectual property rights in relation to information, documents, and materials that the user would upload or transmit through or using the service. However, the user grants us and any third parties with whom we work to provide the service the strictly necessary rights that are necessary to provide the service, such as, but not limited to, the hosting of data.
3.3. The user will only use the service for purposes permitted by law, or purposes not contrary to the law (referring to both the law applicable to these terms and conditions and the law of the place where the user uses the service). This means, among other things, that the user may under no circumstances upload or distribute information, materials or documents with the help of or via the service that constitute an infringement of morality, are punishable or contribute to criminal behavior or an infringement of intellectual property rights. of third parties.
3.4. The user himself is responsible and liable for the use of the service by third parties to whom he provides access to the service. The user determines which rights these third parties have with regard to the information, materials or documents uploaded or distributed by him through the service. The user ensures that the third parties involved only use the service in accordance with these conditions and ensures that any use that would violate these conditions is immediately terminated.
3.5. If the user uses the paid version of the service, he will not abuse the rights and the possibilities that this gives him. This means, among other things, that the user is prohibited from providing his login data to third parties with the aim of allowing those third parties to use the extra functionalities of the paid version of the service without paying for it.
3.6. The user indemnifies us for all damages and indemnifies us against any third-party liability claim against us, arising from a breach of these terms and conditions, or, more generally, from the error or negligence of the user or any third party accessing the service at the initiative of the user. The user further accepts and acknowledges that, if his account is used to upload or distribute illegal information, documents, materials or data, or of information, documents, materials o
f data that infringes the intellectual property rights of third parties, we have the right to immediately delete that information, documents, materials or data. In any event, failure to do so does not affect the user's obligation to indemnify us for all damages and to indemnify us against any liability claim arising from his unauthorized use of the service.
Article 4. Compensation
4.1. If the user subscribes to the paying version of the service, the principle applies that the fee due is immediately charged for the next 12 months unless we agree on a different method of invoicing with the user (eg monthly).
4.2. All fees paid to us by the user will remain vested even if access to the paid version of the service ends in the course of the year for which the fee has already been paid. However, if such access ends through cancellation by us, without such cancellation is due to a user's error, we will refund the fee already paid pro-rata to the not yet expired term of the period for which the fee has already been paid.
4.3. In the event of late payment of the compensation due, we are entitled, without further notice of default, to a delay interest, calculated on the basis of the law of 2 August 2002 on combating payment arrears in commercial transactions, plus a lump-sum compensation of 10% of the outstanding amount. , with a minimum of 150 EUR. In that case we also have the right to suspend or terminate access to the paying version of the service without prior notice, without the user being entitled to any compensation for this.
4.4. We reserve the right to adjust the fees from time to time, whereby the changes will only take effect after the expiry of the period for which the user has already paid. In the event of a change in the fees, we will notify the user at least two months in advance.
Article 5. Duration, suspension, and termination
5.1. The agreement for the use of the service between the user and us is for an indefinite period. The user can terminate the agreement at any time by sending an e-mail to firstname.lastname@example.org or by activating his account in the software (under account details). The user acknowledges and accepts that such termination does not entitle the user to a full or partial refund of the fees that he would have already paid for the period in which he proceeds to terminate the agreement. In this case, the termination of the agreement takes effect from the moment we receive the e-mail from the user.
5.2. We have the right to terminate the agreement for the use of the service - and thus the user's right to use the service - by sending an email to the user, addressed to the last email specified by him. email address in the service, subject to a notice period of 2 months. This notice period serves to allow the user to timely export all data, documents, information and materials that he has stored.
5.3. Notwithstanding the foregoing, we have the right to terminate the agreement for the use of the service by the user by operation of law and with immediate effect in case of serious shortcoming by the user. In this regard, the user accepts and acknowledges that there is a serious shortcoming in the following cases:
- Violation by the user of articles 3.3 and 3.5 of these conditions;
- Non-payment of fees due on the due date;
- Any other violation of this agreement that is not remedied by the user within 14 days after the user has been given notice of default (whereby the user acknowledges that such notice may also be sent by e-mail). The user acknowledges and accepts that we have the right to suspend his access (and that of third parties to whom he has granted access) to the service during that 14-day period.
5.4. In case of termination of the agreement between us and the user, for any reason, the user's right to use the service will cease. If the user has not yet exported all stored data, documents, information and materials at that time, he can, for a fee corresponding to one month's use of the paid version of the service, still have limited access to the service to all stored data. , documents, information and materials. The user has one month to do this, after which his access to the service is irrevocable
ijk comes to an end. The request to access the service to export stored data, documents, information and materials must be sent to info@Recipe-Binder.com within 3 months after the end of the agreement.
The user acknowledges and accepts that, if he has not made such a request within 3 months after the end of the agreement, we have the right to permanently delete all data, documents, information, and materials stored by him (or via his account). , without the user being entitled to any compensation for the possible loss of the data, documents, information, and materials stored by him (or via his account).
5.5. Notwithstanding the foregoing, we have the right to suspend the use of the service in the event of force majeure (and this as long as the force majeure lasts) or if the service cannot or cannot function properly due to an error by the user or other users of the service.
Article 6. Our liability
6.1. We undertake, with due diligence, to monitor the quality of the service in accordance with the quality criteria as they apply in the sector where identical or similar services are provided.
6.2. Except in the case of intent or fraud, we are not liable for indirect damage, indirect damage or consequential damage (such as, but not limited to, loss of opportunity, loss of data, loss of clients or orders, loss of profit, damage due to termination of the service, etc. .) caused by the service, by use of the service or resulting from the inability to use the service.
6.3. Without prejudice to article 6.2 of the terms and conditions, the following restrictions apply in those cases where we could be held liable: Except in the case of willful misconduct or fraud, our liability will never exceed the amount paid to us by the user under our agreement with him during the 12 months prior to the fact that caused the damage. If the user did not have access to the paid version of the service (and therefore did not pay any fees to us), our liability will not exceed an amount corresponding to the usual fee that a user must pay to access for 6 months. have until the paid version of the service.
If the fact that the damage was caused by an error by a third party that we rely on to provide the service (such as a host services provider), the user can claim the maximum amounts that we receive from that third party for the suffered damage, on the understanding that, if more users have suffered damage as a result of the fault of that third party, the user can claim a proportionate part of the amounts that we ourselves actually receive from the third party concerned.
6.4. We are not liable for non-compliance with our obligations when non-compliance is the result of force majeure. A force majeure event shall be any unforeseeable and insurmountable event that makes the provision of the service reasonably impossible, including, but not limited to: Internet disruptions, natural disasters, riots or civil disobedience, war and military operations, local or national emergencies, orders from above and generally from any governmental or administrative authority, fire, flooding, lightning, explosions, collapses, acts or omissions of persons or organisms escaping our control powers.
7.1. The responsible for the processing, Liswood & Tache, Schipperstraat 17, 3500 Hasselt; RPR Hasselt BE 0537 255 878), respect the Belgian law of December 8, 1992 with regard to the protection of privacy and the processing of personal data.
7.2. The personal data provided by the user will only be used for the provision of the service.
7.3. The user has a legal right to inspect and possibly correct his personal data. Provided proof of identity (copy of identity card), the user can receive a free written overview of his personal data, as included in our files, by email to email@example.com. If necessary, the user can also ask for data to be corrected that is incorrect, incomplete or not pertinent.
7.4. We treat the user's data as confidential information and will not pass it on, rent or sell it to third parties, except to the extent necessary for the proper functioning of the service.
7.5. The user is responsible for keeping his login details confidential and for the use of his password. The user's password is stored encrypted, so we have
no access to that password.
8.1. No Waiver of Right: Our failure to enforce our rights under these Terms will not be considered a waiver of this right, nor extend or modify the user's rights to any extent.
8.2. Changes to conditions: we have the right to change these conditions unilaterally and to post a new version of the conditions online. The user must therefore carefully read the conditions with each use. By continuing to use the service, the user agrees to the amended terms and conditions.
8.3. Invalidity: If one or more provisions of these terms and conditions should appear to be wholly or partially void, voidable or unenforceable, this will not affect the validity of the other provisions. In addition, in the event of the invalidity, invalidity or unenforceability of one or more provisions of these terms and conditions, the parties undertake to negotiate in good faith in order to replace the relevant provision with a valid and enforceable provision that is closest to the intentions of the parties.
8.4. Notification: The user expressly acknowledges that we can legally make notices to him/her by email to the email address provided by him.
8.5. Applicable law and competent court: These terms and conditions as well as any use of the service by you are exclusively governed by Belgian law and disputes in this regard are the exclusive competence of the courts of our registered office.