TERMS AND CONDITIONS
This document is a translation. In case of doubt or dispute of interpretation on the T&C’s, the French “Conditions générales” will remain the only reference
ARTICLE 1. DEFINITIONS
Customer: means the user of the Site who has subscribed to one of the Subscription offers (even free) offered by D-ICE Engineering.
Subscription: means any subscription by a Customer to one or more Services for a fixed price and duration. Each Subscription includes an access code allowing the Customer to access the Service on the Site.
Acknowledgment of receipt: means the email sent to the Customer by D-ICE Engineering summarizing the essential elements of its Subscription and including, to this end, certain elements of the Registration Form.
Identifiers: refers to the Client's login and access code allowing him to identify himself and connect to the various services provided on the Site and to which he has subscribed.
Account: means the space made available to the Customer on the Site, allowing him to access, after having identified himself by his access codes, the services to which he has subscribed, his contract and any bills.
Registration or order form: means the form allowing the Customer to register on the Site.
Services: the services made available to the Customer on the Site and in particular the multi-platform software "Squid".
Signature or Acceptance: means the acceptance of these general conditions by the Customer by validating online by clicking on the validation button of the Registration Form.
Site: refers to the D-ICE Engineering website accessible at www.squid-sailing.com allowing access to the Services
ARTICLE 2. SCOPE
These General Terms and Conditions (hereinafter "GTC") govern the supply to Customers of Services marketed by D-ICE Engineering registered under the number BE-0778.387.683, whose head office is located at Avenue Louise 65 boîte 11 1050 Ixelles, Belgium (hereinafter referred to as "D-ICE Engineering") on its website http://www.squid-sailing.com (hereinafter referred to as "the website")
The GTC contains, with the purchase order, if applicable, the totality of the agreement of the parts on the rights and obligations of these relating to the Subscription of the Customer, to the exclusion of any other document (general conditions Customer or third parties, commercial documents, charters, etc.). The Parties agree that this CG can only be waived if D-ICE Engineering has agreed in advance and in writing. 2
The Customer accepts all the terms and conditions, without any reservation, which apply to all D-ICE Engineering Services.
D-ICE Engineering reserves the right to adapt or modify at any time these GTC. The new general conditions will, if necessary, be brought to the attention of the Customer by online modification and will be applicable only to sales made after the modification.
ARTICLE 3. D-ICE Engineering SERVICES
D-ICE Engineering offers :
• mainly Subscriptions to meteorological content and information;
• on an ancillary basis, the purchase of services related to meteorology and maritime routing.
In case of non-compliance with the terms of these GTC, D-ICE Engineering reserves the right to take any measure likely to preserve its interests and in particular to ensure the execution thereof. D-ICE Engineering may then assign the Client civil and / or criminal liability.
In addition, D-ICE Engineering reserves the right to terminate the Subscription immediately in the event of violation of the GTC, without any formality and as of right.
ARTICLE 4. ACCESS TO SERVICES
The Customer accesses the Site from his computer connected to a telecommunications network by allowing access. The acquisition of this equipment, its maintenance as well as the operating costs are the sole responsibility of the Customer, D-ICE Engineering having in this regard no obligation of any kind whatsoever.
The purchase of a Subscription to a Service such as meteorological content and services does not include the cost of the telephone call or that of the Internet Service Provider. It is reminded that the costs of connection and communication (Internet) related to the use of services are not supported by D-ICE Engineering and remain the responsibility of the Customer.
Upon registration, the Customer chooses for his own personal use a personal and confidential ID and PIN, allowing him to connect to the Site and use the Services offered by D-ICE Engineering. The Customer is solely responsible for the use of this Identifier and this access code. In case of unauthorized use, all the resulting costs will be charged to him.
In case of loss of his / her ID and / or access code, the Customer is entitled to obtain a new identifier and / or access code free of charge.
The Customer uses the services at his own risk. D-ICE Engineering can not guarantee under any circumstances that the services offered will not be interrupted. The obligation to supply D-ICE Engineering is limited to an obligation of means.
D-ICE Engineering can not be held responsible for problems of data transmission, connection or unavailability of the network, or access speeds or the possible non-functioning of the Internet. Similarly, D-ICE Engineering can not be held liable in the event that the conditions of access to the Site or the Services can not be satisfied in case of force majeure, interruption in the telephone services and / or malfunction of the computer tool used by the Client. Nevertheless, D-ICE Engineering will take all the necessary measures, on the day of the occurrence of an incident to remedy as quickly as possible any failure that may be attributable to D-ICE Engineering and will use all appropriate means available to it to counter such incidents. dysfunctions.
Any interruption of service must be notified to D-ICE Engineering, by e-mail or via the appropriate form on the site, by the Customer who has noticed any defect of the Services or the Site.
In addition, D-ICE Engineering reserves the right to interrupt access to the Services in exceptional cases for maintenance and / or improvement work.
ARTICLE 5. PRICE
The Services are payable in euros, all taxes included, in advance according to the terms and conditions described in the subscribed subscription form.
The rates in effect are those posted on the Site on the day of subscription to the Service Subscription. D-ICE Engineering reserves the right to modify them at any time. They are indicated and payable in euros. Individuals and professionals are not exempt from Belgian VAT. European professionals with an intra-community VAT number are exempt subject to providing this number at the time of subscription.
The Customer agrees to pay the full price and the charges for the subscribed Subscription, including taxes at the time of purchase on the Site. The Customer is solely responsible for the actual payment of the Services chosen.
Any promotional offers are only valid for the period of validity of the offer concerned. Current promotions are not cumulative. They can not be exchanged for their monetary value or be refunded in part or in full. After the specified period, the reduction will be permanently lost.
ARTICLE 6. PAYMENT TERMS
In accordance with the legal provisions relating to the application of the European Single Bank Payments Area (SEPA), three (3) payment terms are proposed, depending on the offer taken out:
- Payment by credit card by secure payment server (debit and credit card among other Visa, Euro / MasterCard, American Express)
- SEPA credit transfer (RIB provided on any request made to the customer service)
- Paypal payment
- Payment through Apple Store, In-app purchase (secure payment by Apple)
- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
- Payment through Google Play Store (secure payment by Google)
Online payment by credit card is provided by the secure solution Stripe or Paypal, which integrates a method of encryption in SSL (Secure Socket Layer). Thus D-ICE Engineering does not store the credit card number on its computer servers. Credit card numbers are processed by Stripe or Paypal. Transactions with D-ICE Engineering are made from authorization number, transaction number and merchant identifier, the details of your credit card never transiting unencrypted in the network.
The payment will be made, in due course (payment in advance), during the creation of his account and, if necessary, every month, by direct debit until termination of the Subscription, that the termination is to his initiative or that of D-ICE Engineering.
Transactions and information about the Customer are always confirmed. It is advisable to print the confirmation form and keep it. In any case, the customer is informed that it will be automatically saved in PDF format in his customer account. This form contains, in addition, all the necessary contact details to contact D-ICE Engineering in case of problems.
Whatever the type of service provided, only the User is responsible for payment by credit card. D-ICE Engineering is not responsible for payment problems related to the malfunction of the e-commerce service.
ARTICLE 7. TERMS OF SUBSCRIPTION
The subscription process to a D-ICE Engineering Services Subscription contains the following technical steps:
- The Customer is invited to register on the Site and create a customer account by filling out a form with its contact details, as well as a unique login and password allowing subsequent connections;
- If the Customer is already registered on the site, he is invited to log in using his username and password;
- The Client validates his registration and starts the subscription process;
- The Customer subscribes to the desired Service Subscription among the many offers available;
- Customer is invited to enter or verify billing addresses;
- Once the subscription has been validated, the Customer must make the online payment as specified in article 6 of the GTC.
At each stage of the process, the Customer has the opportunity to go back to correct incorrect items and / or cancel the current subscription.
By checking the box "I declare to have read and accept these terms and conditions", the Customer acknowledges being bound by the commitments contained in the GTC; he acknowledges that he has taken cognizance of them, accepts them and that he renounces to contest their opposability.
The subscription contract for the Subscription is only formed when the Customer's order is final. Subscription to the Service is final only after the online payment of the full amount due. The Customer receives a subscription confirmation by e-mail at the e-mail address entered during the subscription process.
The Client acknowledges that the data recorded on the Site constitutes the proof of the transaction (type of Subscription or Services and date of the transaction) and the data recorded by the payment system described below, the proof of the financial transaction .
The Customer acknowledges being informed that the summary of his order is automatically archived and accessible in his customer account.
D-ICE Engineering reserves the right to suspend and / or refuse any order from a Customer with whom D-ICE Engineering is in dispute, for any reason whatsoever, without the latter being able to claim any compensation.
The acceptance of technical cookies is essential for any purchase on the Site.
ARTICLE 8. DURATION AND TERMINATION
Any Subscription is subscribed for the duration indicated in the chosen offer.
The chosen offer also mentions the conditions of termination and the conditions of renewal.
Subscriptions subscribed for a fixed term without tacit renewal are not cancellable in advance.
To cancel the Subscription, the Customer must notify D-ICE Engineering by writing to the customer service by registered letter with acknowledgment of receipt or by email, one month before the deadline. Otherwise, the fixed-term subscription will be renewed by tacit agreement for the same duration.
The cancellation does not entail any refund of the price of the Subscription except in the case of the use by the customer of his right of retraction as provided for in article 9.
All the sums paid under the Subscription remain permanently vested in D-ICE Engineering.
ARTICLE 9. RIGHT OF WITHDRAWAL
In the event that the Customer is a consumer, Articles VI. 45 and following of the Code of Economic Law are applicable.
The consumer has a right of withdrawal. He may exercise his right of withdrawal, without having to justify reasons or to pay penalties within fourteen (14) days from the subscription to the Subscription.
The consumer informs D-ICE Engineering, before the expiry of the withdrawal period, of his decision to withdraw from the contract. To do this, the consumer can either:
Use the form of withdrawal form on the Site, or
Make another unambiguous statement setting out his decision to withdraw from the Subscription Agreement.
The right of withdrawal, if validly exercised, allows the Customer to obtain reimbursement of the subscription price to its Subscription.
Refunds will be made within 14 days of receipt of the request.
As part of subscription to a Subscription, the Customer authorizes D-ICE Engineering to execute the Subscription immediately without waiting a period of fourteen (14) clear days, it being specified that the customer retains the possibility to exercise his right of retraction.
The consumer will have to pay to D-ICE Engineering an amount proportional to what it provided him until the moment when the consumer informed him of his decision to retract in relation to all the Services offered within the framework of the Subscription.
ARTICLE 10. LIABILITY
10.1 Responsibility of D-ICE Engineering
D-ICE Engineering is committed to making the best efforts to develop according to the state of the art, its meteorological information. The obligation to provide the D-ICE Engineering Services is limited to an obligation of means.
D-ICE Engineering can not guarantee the accuracy of the meteorological information and data provided as part of the Services. This information and data come from observations and scientific calculations carried out by third parties. The determination of said information and data comprises a part of the hazard over which D-ICE Engineering has no control.
The Customer is therefore solely responsible for the use of the Services and the consequences of this use.
D-ICE Engineering can not guarantee under any circumstances that the Services offered will not be interrupted.
D-ICE Engineering can not be held responsible for problems of data transmission, connection or unavailability of the network, speed of access or possible non-functioning of the Internet or problems that may arise during electronic payment. .
The Customer is solely responsible for the choice of the Services, their conservation and their use.
The Customer declares to accept the characteristics and the limits of meteorology, and in particular to recognize:
- that the Customer is solely responsible for the use he makes of the information and data provided. Consequently, D-ICE Engineering can not be held, because of an express or tacit obligation, as civilly liable to the Customer for any direct or indirect damages resulting from the use of its information and / or data;
- he is aware of the nature of meteorology, in particular its technical performance and the uncertainties related to this matter;
- that the communication by the Customer of the information is done under his own responsibility;
- that it is specified that the purchase of any information and meteorological data implies unreserved acceptance of said information and data.
The photographs and illustrations accompanying the services on the website have no contractual value and therefore can not engage the responsibility of D-ICE Engineering.
D-ICE Engineering nor any of its partners can not be held responsible for any damage, direct or indirect, consecutive, special, incidental, that may result from the use of its information or data, errors, omissions or errors. delays in the transmission of such information and data, loss of information or data.
10.2 Customer Responsibility
The Client certifies to be at least 18 years old. He undertakes to keep his confidential and personal identifiers.
The Customer undertakes to provide D-ICE Engineering with true, accurate and complete information when registering on the Website and to keep them up to date without delay. The Customer acknowledges that in case of incompleteness, inaccuracy or expiry of the information collected during its subscription, D-ICE Engineering may suspend its access to its Subscription without notification or refund.
The Customer is solely responsible for the use of his personal identifier. Thus any connection to his customer account made using his identifier, will be deemed to have been made by the Customer himself.
D-ICE Engineering reminds that information intended for the Customer must not be disclosed to third parties. The Customer will be held responsible for any unauthorized use of this confidential information which it has been the cause. The Customer informs D-ICE Engineering without delay in case of suspicion of unauthorized use of his customer account.
It is the responsibility of the Customer to take all appropriate measures to protect all data and software from contamination by viruses such as attempts to intrude into his computer system by third parties via the Service.
The Customer undertakes to use the information obtained via D-ICE Engineering only for lawful purposes, in accordance with the legislation in force and to respect these GTC as well as any other instructions for use.
The Customer acknowledges being responsible for any violation - by him or a third party who has, with his consent, accessed the Services that he has personally subscribed to on the Site - hereof, the regulations in force and / or the rights of the property intellectual property, privacy and / or any other infringement of a right of any third party. Consequently, the Customer will indemnify D-ICE Engineering, its directors, its personnel, its employees, suppliers, sellers and service providers for the requests resulting from the above mentioned breaches, the possible costs of legal proceedings (costs and irretrievable costs in particular) or amicably.
ARTICLE 11. FORCE MAJEURE
D-ICE Engineering is not obliged to fulfill its obligations in case of force majeure, which includes natural disasters, acts and orders of the competent authorities, acts of terrorism or war, as well as any other event which was not not reasonably foreseeable and surmountable.
D-ICE Engineering can not be held responsible for the non-performance of its obligations, in case of unavailability of the Service due to a case of force majeure and malfunction, including telecommunications. D-ICE Engineering will not incur any liability for any consequential damages due to the present, operating loss, loss of profit, loss of luck, damages or expenses.
In case of force majeure, the obligations of D-ICE Engineering are suspended until the disappearance of the circumstances preventing the performance of these obligations.
ARTICLE 12. ACCESS TO THE SITE
The responsibility of D-ICE Engineering can not be engaged in the case where the conditions of access to the Site could not be satisfied in the event of interruption in the telephone services and / or malfunction of the computer tool used by the Customer.
Nevertheless, D-ICE Engineering will take all the necessary measures, on the day of the occurrence of an incident to remedy as quickly as possible any failure that may be attributable to D-ICE Engineering and will use all appropriate means available to it to counter such incidents. dysfunctions.
Any interruption of service must be notified to D-ICE Engineering, by e-mail or via the appropriate form on the site, by the Customer who has noted the lack of service.
In addition, D-ICE Engineering reserves the right to interrupt access to its Service in exceptional cases for maintenance and / or improvement work.
ARTICLE 13. CUSTOMER SERVICE
For any information, question or advice, D-ICE Engineering Customer Service can be contacted at the following address:
D-ICE Engineering, Avenue Louise 65 boîte 11 1050 Ixelles 3 - Belgium
All this information is available on the "contact" page of the Site.
ARTICLE 14. INTELLECTUAL PROPERTY
The Customer acknowledges that D-ICE Engineering is and remains fully the sole owner of its intellectual property rights, of whatever nature, relating to the Services and any information or products offered by D-ICE Engineering on or off the Site. this.
D-ICE Engineering is also the sole owner of the intellectual property rights on the Site as well as the entirety of its content and structure.
The subscription to the Subscriptions and the use of the Services does not imply any transfer by D-ICE Engineering of its intellectual property rights in favor of the Customer. The Customer agrees not to undertake anything, directly or indirectly, which is likely to question the validity of the intellectual property rights of D-ICE Engineering or disturb the enjoyment of them by D-ICE Engineering.
ARTICLE 15. LINKS
D-ICE Engineering authorizes the creation of surface links which refer only to the homepage of the website www.squid-sailing.com, to the exclusion of all other types of links. Therefore, D-ICE Engineering prohibits, unless expressly agreed in writing and prior, any link or technical measure, such as deep linking, framing or in-lining having the effect, direct or indirect, to reproduce all or part of the services online by hijacking, altering or obscuring the source of the information or content or having the effect of confusing the source of the information or content.
D-ICE Engineering may link to other sites or sources. D-ICE Engineering has no way of controlling the content of these sites and these sources, and does not answer for or guarantee the availability of such external sites and sources.
D-ICE Engineering does not take ownership of the content to which these sites or sources give access, and excludes all liability and guarantee with regard to their contents.
ARTICLE 16. PRIVATE LIFE
If the supply of the Services entails the processing by D-ICE Engineering of personal data of the Customer, the latter will carry out these treatments in accordance with the General Data Protection Regulation and the Law of 8 December 1992 on the protection of privacy in the area. processing of personal data
ARTICLE 17. FINAL PROVISIONS
17.1 No Waiver.
D-ICE Engineering's failure to invoke one of the clauses of the GTC or a breach by its contractor shall not be construed for the future as a waiver of the right or obligation in question.
17.2 Partial invalidity.
If one of the clauses of the GTC is declared null according to a law, a regulation or following a final decision of a competent jurisdiction, it will be deemed unwritten, the other clauses nevertheless retaining all their effects and their significance. 10 D-ICE Engineering may replace the provision (s) canceled by one or more provisions in accordance with the law, the regulation or the decision of the competent court.
D-ICE Engineering and the Client agree that, in the event of a dispute, they will not contest the opposability of these GTC, of which they retain a printed version.
They further undertake to acknowledge the probative value of the printed version of all their electronic communications, in the same manner and under the same conditions as that of other documents, written or kept in printed form.
17.4 Governing Law - Jurisdiction
The GTCs are governed by Belgian law. All disputes arising out of or in connection with the formation, performance or interpretation of these GTCs, as well as any dispute relating to non-contractual liability, shall be submitted to the exclusive jurisdiction of the Commercial Court of Liège, Liege Division. If the Customer is a consumer all the aforementioned disputes will be submitted to the competent courts pursuant to Article 624 of the Judicial Code.