General Terms & Conditions
©Ace Center (AEPS SPRL) 2019
In these general terms and conditions, the following terms shall have the following meanings, unless otherwise stipulated or the context indicates otherwise:
ACE Center (AEPS SPRL): the user of these general terms and conditions: registered with the Crossroads Enterprise Bank under number 0540 947 719;
Customer: any person (consumer or company) who, by using the website, has entered into an agreement with ACE Center (AEPS SPRL);
Agreement: the agreement between ACE Center (AEPS SPRL) and the customer;
Service(s): the services that ACE Center (AEPS SPRL) renders to the customer in the context of the agreement via the website, namely making the online test available;
Website: the website https://www.acecenter.aero which is managed by ACE Center (AEPS SPRL);
2. SERVICE PROVIDER
ACE Center (AEPS SPRL) has its registered office at Rue des Carrières 56D – 7011 Ghlin - Belgium with business registration number 0540 947 719 and VAT number BE 0540 947 719. Tel.: 00 32 (0) 65 843 783 accessible between 10.00 - 12.00 and 14.00 - 17.00 CET/CEST during working days of the week. E-mail: firstname.lastname@example.org
These general conditions are applicable to all services offered on the website and to every agreement between ACE Center (AEPS SPRL) and the customer. Any deviations from these general terms and conditions are only valid if expressly agreed in writing or electronically. If one or more of the provisions in these general terms and conditions should become invalid or void, the remaining provisions of these general terms and conditions remain fully applicable. ACE Center (AEPS SPRL) and the customer will then enter into negotiations with a view to agreeing new provisions to replace the invalid or void provisions, whereby to the extent possible, the purpose and intent of the original provision shall be taken into consideration.
All offers are without obligation, unless otherwise indicated.
Images, prices and further details provided by ACE Center (AEPS SPRL) are subject to change and are not binding upon. ACE Center (AEPS SPRL) is not bound by its offer if there are printing, typesetting or programming errors in its mailings or on the website.
The range of tests on offer on the website may be changed at any time without prior agreement of the customer.
5. MINIMUM AGE OF ACCESSING THE SERVICES
The customer declares to be at least 18 years old and to have the legal capacity to conclude a contract. If the customer is younger, he declares to hold the consent or the permission of his parent(s) or of a guardian allowing him to place an order on the website.
The prices listed on the website are in Euros.
ACE Center (AEPS SPRL) reserves the right to adjust its prices from time to time.
7. RIGHT OF TERMINATING THE CUSTOMER'S ORDER
Due to the fact that the services can be directly used after the customer's payment, the customer is not entitled to cancel or terminate his order. The customer is well informed and the customer expressly agrees that this immediate access to the services ordered by the customer denies the customer the right to withdraw usually imposed by the regulation on consumer protection. No request for reimbursement will be accepted unless the customer proves that he was unable to successfully have access to the services ordered by him due to a technical problem on the website.
8. LOG-IN CODES AND DATA
All data provided to ACE Center (AEPS SPRL) by the customer during the ordering process must be correct and complete. The username and password needed to log in to the website are strictly private and confidential and must not be shared with others. ACE Center (AEPS SPRL) can in no way be held liable for the loss of the log-in codes by the customer. Neither can ACE Center (AEPS SPRL) be held responsible if unauthorized third parties use the customer’s log-in codes. The customer is liable for all damages to ACE Center (AEPS SPRL) consequential upon abuse of the log-in codes, including loss of income.
9. OBLIGATIONS OF THE CUSTOMER
The customer must himself ensure the proper functioning of the equipment and Internet connection needed to gain access to the services provided by ACE Center (AEPS SPRL)
The customer is at all times responsible for the use of his account on the website.
Complaints about the website or about the services may be reported by e-mail (email@example.com), within 3 calendar days at the latest.
The customer should describe in detail the problem identified.
The liability of ACE Center (AEPS SPRL), in cases where it is established, is strictly limited to taking appropriate action that it deems appropriate or necessary. ACE Center (AEPS SPRL) will treat the matter as quickly as possible, during business hours.
If resolution of a complaint is unfortunately not possible within the period of 30 days, the customer will be informed of the extent of the delay.
ACE Center (AEPS SPRL) shall not be liable for any damage caused by the temporary unavailability of the ordering system, lack of accessibility or removal of its website for maintenance or otherwise.
The information and services appearing on the website may contain technical inaccuracies and/or typographical errors. All information and data on the website have been compiled with the utmost care. It is always possible, of test, that there are inaccuracies and/or omissions on the website. ACE Center (AEPS SPRL) is not liable for damages resulting from inaccuracies and/or omissions, problems caused by or inherent in the use of the website, interruption or suspension of the services, or technical faults.
ACE Center (AEPS SPRL) does not guarantee that the website shall at all-time be accessible without interruptions or breakdowns. ACE Center (AEPS SPRL) strives to keep the services accessible 7 days a week, 24 hours a day, but may interrupt access, inter alia for maintenance, updating and/or any other technical reason.
ACE Center (AEPS SPRL) is not liable for damages of any kind whatsoever resulting from ACE Center (AEPS SPRL) acting on the basis of any incorrect and/or incomplete data provided by the customer.
ACE Center (AEPS SPRL) shall never be liable for indirect damages, including consequential damages. If ACE Center (AEPS SPRL) is to be liable for any damage, then its liability is limited to the amount of the payout made by ACE Center’s (AEPS SPRL) insurer. If, in any case, the insurer does not proceed to a payout or if the damage is not covered by the insurance, then the liability of ACE Center (AEPS SPRL) shall be limited to the invoice amount, or at any rate to that portion of the agreement to which the liability relates. The website may contain links to other websites. ACE Center (AEPS SPRL) cannot exercise permanent monitoring of those other websites, nor accept any responsibility with regard to their content.
ACE Center (AEPS SPRL) cannot be held liable for this content.
AACE Center (AEPS SPRL) cannot be held liable if the contents of the services are not complete, correct, accurate, precise, reliable, up-to-date or relevant.
ACE Center (AEPS SPRL) do not guarantee the chances of academic success (interviews, recruitments, etc.) by using the services.
ACE Center (AEPS SPRL) will in no case be liable in any manner whatsoever for any direct or indirect damages, even if there is no injury, of (a non-exhaustive list):
The introduction of computer viruses spread via the Internet;
Damage caused by computer pirates or hackers;
The partial or total, temporary or permanent, interruption of access to the website or to the services and operation of the website;
A computer crash;
Navigation problems, viruses or slowness of the server;
The downloading, on the website or from the website, of a file damaging the customer's computer equipment or causing loss of data.
12. FORCE MAJEURE
The Parties are not liable for failure to fulfil any contractual obligation (except delay of payment) which is due to events of force majeure which are out of their control, and which they could not have been expected to foresee when the agreement was signed or prevent or overcome, even if the event does not make execution of the agreement impossible but merely substantially more difficult or more expensive. Force majeure includes war, civil war, invasion, act of foreign enemies, hostilities, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, lockout, fire, strike, labour dispute, accident sickness, natural disaster, destruction of plants or equipment, computer bugs, changes in IT environments, general lack of supplies or means of transport, delay or failure to fulfil obligations on the part of the suppliers or subcontractors of ACE Center (AEPS SPRL).
In such circumstances, the defaulting Party must inform the other Party of the situation in writing as soon as possible. The Parties’ obligations which are impossible to fulfil because of force majeure can be temporarily suspended or renegotiated. Should the case of force majeure lasts more than 3 months, the agreement will automatically be terminated or rescinded, without any compensation, unless otherwise agreed by the Parties.
13. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights and similar rights to protection of information related to the test (including standard adjustments and updates), the website, databases, documentation, equipment or materials belong exclusively to ACE Center (AEPS SPRL). The customer is not allowed to remove, alter or render unrecognizable any designation concerning the confidential nature or concerning copyrights, trademarks, trade names or other intellectual property rights in the test, the website, databases, documentation, equipment or materials. The customer is not allowed, in any case, to sell, assign, distribute, reproduce, publish in any medium whatsoever, modify, decompile, withdraw the name of ACE Center (AEPS SPRL), imitate, translate, copy, exploit in any manner whatsoever and by anyone, without prior written consent of ACE Center (AEPS SPRL). In no way whatsoever and for no purpose whatsoever is the customer entitled to make copies of the test. ACE Center (AEPS SPRL) is allowed to take and maintain technical measures to protect the intellectual property rights to the test. Without the prior written or electronic consent of ACE Center (AEPS SPRL), the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, brands, trade names and images he has obtained through the website.
ACE Center (AEPS SPRL) remain the sole and unique owner of all information available on the website (content, data, articles, files, icons, illustrations and original images, photos, diagrams, etc.), of software, source codes, applets and other elements of the website, as well as trademarks, trade names, domain names, logos, etc. therein. However the customer is authorized to create, without prior consent fromACE Center (AEPS SPRL), surface linking that refers to the homepage of the website or to any webpage of the website. But the use of any techniques to include all or part of this website by masking even partially the exact origin of the information or by confusing the origin of the information (such as framing or in-lining), requires the prior written permission of ACE Center (AEPS SPRL). Any infringement of intellectual property rights may lead to legal proceedings.
Both parties are obliged to maintain secrecy about any confidential information that they have received from each other or from another source in the context of their agreement. Information is deemed confidential if it has been imparted by the other party or if it arises from the nature of the information. The party receiving confidential information shall only use it for the purpose for which it was provided.
By registering on the Website ACE Center (AEPS SPRL), the customer expressly agrees to receive newsletters regularly in the customer's e-mail box.ACE Center (AEPS SPRL) promises however not to send the customer more than one newsletter per month. In each newsletter the customer will be able to access an URL webpage, which will allow him to unsubscribe at any time in order to stop receiving newsletters thereafter. Unsubscribing will be free and with immediate effect.
16. PERSONAL DATA
The customer expressly agree that the personal / private data (linked to the customer as an individual) that the customer enter on the order form of the website or that the customer provide when the customer interact with ACE Center (AEPS SPRL) (by phone, e-mail, etc.) are used by ACE Center (AEPS SPRL) to process the customer's order(s) and to customize and enhance communication i.e. through newsletters or e-mails that the customer expressly agree to receive. ACE Center (AEPS SPRL) undertake not to use the customer's personal data for purposes other than what is provided in this paragraph.
Careful handling of personal data of customers is very important to ACE Center (AEPS SPRL). With regard to the processing of such data, ACE Center (AEPS SPRL) acts in accordance with the applicable legislation and regulations.
ACE Center (AEPS SPRL) will not disclose the personal data of the customer to third parties unless one of the exceptions listed in the General Terms applies.
ACE Center (AEPS SPRL) shall be allowed to disclose the personal data of the customer to a third party:
if the customer has given his explicit consent for this;
in the context of a statutory requirement or judicial procedure;
to protect the rights or property of ACE Center (AEPS SPRL);
to prevent a crime or to protect the security of the nation;
in case of suspected fraud or other illegal activities;
to protect the personal security of other customers;
if it is necessary for the service to be provided by ACE Center (AEPS SPRL)
To prevent access to the personal data of the customer by unauthorized individuals, ACE Center (AEPS SPRL) has taken various security measures, including measures against unauthorized access, use, alteration, unlawful or accidental destruction and accidental loss of personal data.
The customer's data and other information are stored by ACE Center (AEPS SPRL) and are available to the customer at any time and for free, on demand and without any justification, at the address and contact information mentioned in Article 2 of the General Terms. The customer has the right to require any modification, amendment or withdrawal of the customer's personal data from database of ACE Center (AEPS SPRL), and the immediate cessation of receiving any further e-mails and/or other communication from ACE Center (AEPS SPRL).
17. CUSTOMER REFERENCE
If the customer is a business company or a public institution, the customer expressly permit ACE Center (AEPS SPRL) to quote, as a reference, the customer's name on any medium whatsoever (brochure, website, booth, poster, etc.) without compensation by any counterpart.
18. APPLICABLE LAW AND COMPETENT COURT
Any agreement between ACE Center (AEPS SPRL) and the customer shall be governed by Belgian law. All disputes which may arise between parties will be settled exclusively by the competent court in Belgium within whose jurisdiction the place of business of ACE Center (AEPS SPRL) is located.