Algemene voorwaarden/Conditions générales
LIZY TERMS AND CONDITIONS
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Lab Box (via email@example.com) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Lab Box (via firstname.lastname@example.org) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
Date of last revision: 17/01/2019
BY ACCESSING OR USING LIZY WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF LIZY AS SET FORTH BELOW (THE 'TERMS AND CONDITIONS'). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE LIZY WEBSITE.
These Terms and conditions can be accessed on the Website and can be easily downloaded in a PDF format thereon. These Terms and conditions are applicable from 17 January 2019 onwards and replace all previous terms and conditions.
These Terms and conditions shall apply to all Users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Website, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Lab Box.
LAB BOX SA/NV, having its registered office at rue du Mail/Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473 (hereinafter referred to as "Lab Box") has developed a Website, called Lizy, aiming at providing its Users with an online and actualised access to various car leasing offers, allowing said Users to pick the deal they deem best through the online filing of an application for a selected leasing deal offer from one leasing company (the 'Website') as provided in these Terms and Conditions. Users may use the services offered by Lab Box on the Website only in accordance with these Terms and conditions (the 'Services'). The Services are intended for professional Users only (B2B).
Defined terms in these Terms and conditions shall have the meaning as ascribed to them in this Article 1 or the meaning indicated where they are used.
- 'Intellectual Property Rights': all existing and future, registered or unregistered, intellectual, industrial, commercial and all other property and similar rights, in Belgium and elsewhere in the world, including, without being limited to, copyrights (including but not limited to copyrights in computer programs and databases) and all other possible rights in the fields of literature, arts and science; patent rights, rights to know-how or trade secrets, and all other rights on intellectual creations in the field of technology; design rights; trademarks, rights to statutory and commercial denominations, domain names and all other possible rights to signs used in business to distinguish one good or service from another in trade
- 'Lab Box': Lab Box SA/NV, a company offering mobility solutions, having its registered office at rue du Mail/Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473;
- 'Leasing': a contract that gives a certain person the right to use a good (here a vehicle) for a given period of time in exchange of successive payments, it being understood that the client does not become the owner of the good (the car), and that it must be used in the context of his/her professional activities;
- 'Leasing dealers': companies that offer Leasing deals on the Website and that are responsible for negotiating any Leasing agreement with a User or any other person and to enter into a Leasing agreement with them, it being understood that no Leasing agreement shall ever be enter into by Lab Box and that Lab Box is merely an intermediate between any person wishing to enter into a Leasing agreement and the Leasing dealer offering such Leasing agreement.
- 'Service(s)': the services provided by Lab Box or by any third party through the Website aiming at providing Users with an online and actualised access to various car leasing offers, allowing said Users to pick the deal they deem best through the online filing of an application for a selected leasing deal offer from one leasing company in accordance with the terms and conditions of this Agreement, it being understood that the Services do not include the leasing deals as such and that Lizy bears no responsibility whatsoever for the conclusion of such deals with the external leasing company offering such deals;
- 'Terms and conditions': the agreement between the User and Lab Box for the use of the Services and more generally the Website, as set out in the present terms and conditions;
- 'User': a person who uses the Website and the Services provided thereon subject to the Terms and conditions, it being understood that the Website and the Services are intended for businesses (B2B);
- 'Website' means https://www.lizy.be
2. Use of Services
1. Access to and use of content. You may use the Website to browse and access to various cars Leasing offers. To use the Website, you will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.
2. Deals offered on the Website. The deals offered on the Website may vary. The User expressly acknowledges that Lab Box is in no way whatsoever responsible for such variations, which are the exclusive responsibility of the concerned Leasing dealer. All information communicated on the Website are merely based on information given by the Leasing dealers which are the only responsible parties therefor.
3. Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Services.
4. Updates. The Website may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions. Such updates may be necessary in order for you to use the Website. By agreeing to these Terms and conditions and using the Website, you agree to receive such updates automatically.
3. User responsibilities and User guidelines
The User undertakes:
- not to use the Website for illegal purposes or purposes that may damage the rights (including intellectual property rights) or interests of Lab Box or any third parties, and in particular not to use the Website to distribute trade secrets, viruses, damaging or illegal information, or information that is distasteful, discriminatory or offensive towards any person;
- not to disrupt access to the Website or to access Lab Box’s computer systems, or modify, or use them to transmit computer viruses, hacking attacks, computer worms, etc., or commit misdemeanours likely to be qualified as computer crimes;
- comply with these Terms and conditions and the applicable terms and conditions of any third-party offering services on the Website;
- to have full authority and legal capacity to agree on these Terms and conditions and to use the Services.
Should the User fail to comply with their obligations, Lab Box reserves the right to prohibit and immediately block access to the Website and to take out proceedings for the payment of compensation.
4. Personal Data, privacy and use of geolocation data
5. Prices, purchases and payments
No purchase and/or payment shall take place on the Website.
All prices indicated are merely estimations for the offers prepared by Leasing dealers on basis of a specific vehicle and may vary. Lab Box is not responsible for such variations which are the exclusive responsibility of the concerned Leasing dealer that shall make a definitive price offer depending on the details given by the persons/businesses directly to the concerned Leasing dealer.
Once a Leasing deal is chosen by a User, Lab Box only acts as intermediate (business contributor) between the User choosing such Leasing deal and the Leasing dealer by transferring the User’s leasing car choices to the concerned Leasing dealer via email. Any Leasing agreement is entered into with the concerned Leasing dealer and all further communications and requests must be made to such Leasing dealer. Lab Box will take no part in such agreement and bears no responsibility whatsoever relating thereto.
All prices indicated in the offers made by the Leasing dealers are in euros excluding VAT.
This Article will survive termination of this Agreement.
6.1. Lab Box Liability
1. Lab Box shall only be liable to the User for damages or losses directly resulting from Lab Box’s breach of the Terms and conditions. Lab Box’s total liability shall in no event exceed two thousand five hundred (2,500) EUR and Lab Box shall in no event be liable for any damages or losses incurred or sustained by or imposed upon Lab Box based on, arising out, with respect to or by reason of the User’s criminal, wilful or grossly negligent action or omission in the use of the Services or in connection with this Agreement.
2. Lab Box shall in no event be liable to the User for any indirect, consequential, special, or incidental damages, loss, corruption or damages, loss of profits or loss of business for any matter related to these Terms and conditions, the Website or any Services provided by Lab Box, even if Lab Box was advised of the possibility of such damages or if such possibility was reasonable foreseeable.
3. Nothing in this Agreement shall exclude or restrict the liability of Lab Box for death or bodily injury caused by its negligence or its wilful misconduct; or fraud.
4. Lab Box shall in no event be liable for any delay or failure to perform any of its obligations under the Terms and conditions due to force majeure or any other cause beyond its reasonable control, including but not limited to internet failure, power outage, explosion, fire, war and terrorism.
5. Any exclusion or limitation set forth herein shall apply to the maximum extent permitted by applicable law.
6.2. User Liability
1. The User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with these Terms and conditions.
2. The User expressly undertakes to fully indemnify and hold harmless Lab Box for any and all damages, losses and costs arising out of:
- a criminal or immoral act committed by the User or any other non-compliance with the applicable laws during or through such User’s use of the Services;
- the User’s non-compliance with these Terms and conditions, or their negligence, gross negligence and wilful misconduct.
3. The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs arising out these Terms and conditions and any incident relating to its performance.
4. The use of any automated system or software to extract data from the Website, including scraper bots, is strictly prohibited. Lab Box reserves the right to take such action as it deems necessary to enforce this prohibition, including legal action, without prior formal notice.
7. Disclaimer of warranties
Lab Box does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free, and Users agree that from time to time Lab Box may remove the Services for indefinite periods of time, or cancel the Services at any time, without prior notice to the Users.
The User expressly agrees that their use of, or inability to use, the Services is at their sole risk. The Services and all products and services delivered to the User through the Website are (except as expressly stated otherwise by Lab Box) provided 'as is' and 'as available', without warranties of any kind for as far as possible in application of Belgian law, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
8. Links to third-party websites or services and application of their terms and conditions
1. The Website may contain links to third-party websites or services that are not owned or controlled by Lab Box.
Lab Box has no control over, assumes no responsibility for it, does not warranty the content, privacy policies or practices of any third party websites or services. The User further acknowledges and agrees that Lab Box shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
2. The User expressly agrees that the terms and conditions of the third party that provides them with cars to be leased following an offer discovered on the Website apply to the services provided by such third party. Those terms and conditions can be found on the respective websites of the concerned third parties.
9. Intellectual Property Rights
All Intellectual Property Rights related to the Website, the underlying models and algorithms of the Website, Lab Box brand and logo, Lizy brand and logo, including any rights, title and interest therein, shall at all times remain the sole and exclusive property of Lab Box and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation Intellectual Property Rights) therein pursuant to these Terms and conditions. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Website, Lab Box shall own all rights, title and interest, including any Intellectual Property Rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest, including any Intellectual Property Rights, in such modifications and derivatives to Lab Box at no cost to the latter.
The User agrees: (1) not to remove any intellectual property notices on the Website; (2) not to sell, transfer, rent, lease, grant access or sub-license the Website to any third party; (3) not to alter or modify the Website; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Website; (5) not to prepare derivative works from the Website and (6) not to use or register the brand 'Lab Box' and the brand 'Lizy'.
Lab Box cannot be held responsible for any abusive or fraudulent use of its name, its logo, Lab Box brand, Lizy brand or their addresses.
10. General provisions and jurisdiction
1. The User accepts that Lab Box shall have the right to notify the User per pop-up of any changes to these Terms and conditions. The User cannot continue using the Website and Services following the effective date of a change without prior acceptance of such change.
2. If any provision in these Terms and conditions is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of this Agreement shall remain in effect.
3. The mere fact that Lab Box does not invoke, at any given time, one provision of these Terms and conditions cannot be interpreted as a waiver to use and invoke that provision.
4. These Terms and conditions are governed by and construed in accordance with Belgian law and any dispute between a User and Lab Box must be submitted to the exclusive jurisdiction of the courts of Brussels.
If you have any further questions about these Terms and conditions or their implementation or if you need support with the use of the Website, please contact Lab Box by email at email@example.com.
Lab Box will answer your questions or complaints relating to these Terms and conditions and the use of the Website. For questions or complaints directly related to the services performed by the third party service providers, please contact directly the customer service of the concerned third party as detailed in their terms and conditions.
Date of last revision: 17/01/2019