General terms of use

Acceptance and modification of the Terms of Use

These general Terms of Use (the 'Terms of Use') constitute the legal framework for access to and use of the website www.woosh.be (the 'Website'), which is owned and operated by Woosh BV, company number BE 0761.887.983, with registered office at Wiedauwkaai 23B, 9000 Ghent, Belgium ('Woosh” or 'we').

Access to and use of the Website are subject to your acceptance of the Terms of Use in effect at the time you access the Website and as may be amended by Woosh at any time. In this regard, by accessing and using the Website, you agree to be automatically bound by the Terms of Use and any amendments in effect at the time you access or use the Website, and you agree that such acceptance has the same force and effect as an express written acceptance. If you do not agree to the Terms of Use, you may not access or use the Website.

Before using the Website, please read the Terms of Use and Privacy Policy carefully. We recommend that you read the Terms of Use each time you visit the Website.

Access to the website – Website content

Subject to use in full compliance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right to access and use the content of the Website (the “Content”) for the sole purpose of using the Website in accordance with the Terms of Use. All other rights are expressly excluded.

Woosh reserves the right to make additions, deletions or changes to the Content, to block access to the Website (temporarily or permanently) or to discontinue the Website at any time without prior notice for the purpose of maintaining and/or making improvements and/or changes to the Website.

You acknowledge that you can only use the Website if your equipment is connected to the Internet. The connection or access fees charged to you for using the Website are subject to the terms and conditions agreed with your Internet service provider or your mobile network operator. You are aware of the risks inherent in the use of the Internet, including, but not limited to, the risks of unavailability of the Website, non-confidentiality or loss of integrity of the data transmitted, possible virus attacks, etc. Woosh makes every effort to exclude viruses from the Website, but cannot guarantee their complete absence or be held liable in this regard. We recommend that you take all appropriate steps before using the Website and/or downloading information from the Website.

If you decide to register on the Website, you agree not to share your password, information related to your account, or your access to the Website with any third party. The account is personal and only one account can be created per physical person. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur under your password, account, or as a result of your access to the Website.

Use of the Website

You may not access or use the Website in any manner that could damage, disable, overburden, or compromise any Woosh account, computer system, or network. You may not attempt to gain unauthorized access to any Woosh account, computer system, or network. You may not use any robot (web crawler), scraping program, or other automated means to access the Website or any Woosh account, computer system, or network. You may not access, download, use, or export the Website or the content in violation of any export regulations or laws or in violation of any other applicable regulations or laws.

You shall not (and shall not authorize any third party to) modify, reproduce, represent, adapt and/or translate all or part of the Website and/or the Content, without limitation (i) (ii) extract all or part of the Website, or (iii) post and/or use the Content on any site, media or network.

In the event that you are required to post content on the Website (including but not limited to opinions about the products or services provided by Woosh) (the “Publication(s)”), you warrant (i) that you have all necessary licenses, rights, consents and authorizations to use and authorize Woosh to use all copyrights, trademarks and other proprietary rights applicable to the Publications, and (ii) that you have obtained the written consent of all identifiable physical persons, for each Publication, to use the name and likeness of such persons appearing in such Publication.

You agree not to post Publications that are unlawful, immoral, obscene, defamatory, threatening, pornographic, paedophile, revisionist (denying the existence of the Holocaust), intimidating, hateful, racist, insulting, inciting political violence, racist or xenophobic, violating a mandatory law or regulation or otherwise inappropriate. By posting Publications on the site, you grant Woosh the right to use, reproduce and represent all or part of the Publications free of charge throughout the world, on any media, for the legal duration of the protection of the intellectual property rights of these Publications, for the needs and promotion of the Website, in particular for advertising or commercial purposes.

Purchases of products on the Website

Purchases of products on the Website are subject to the General Terms and Conditions of Sale.

Intellectual property rights

The Website and its Content, together with all copyrights, trademarks, trade names, designs, images, databases, information, data, text, sounds, photographs and graphics, and all source code, software and other content are the property of Woosh or its licensors and are protected by national and international intellectual property and other proprietary rights, including but not limited to copyright and neighboring rights, database rights, models, trademarks and trade names, patents, etc. You agree not to display or use the Woosh logo or marks in any way without our prior written consent.

Access to and use of the Website and/or the Content should not be construed as granting you a license to any of these intellectual property rights. We reserve all rights in the Website and the Content not expressly granted to you.

You may use the Website and its Content only in accordance with the Terms of Use.

If you use any Content from the Website or material owned or licensed by Woosh without Woosh’s permission or in a manner not permitted by the Terms of Use, you may infringe our intellectual property rights or the intellectual property rights of third parties, including but not limited to copyright and neighbouring rights, database rights, designs and models, trademarks and brand names, patents and other rights. In such event, we reserve the right to automatically terminate your access to the Website and take all measures we deem appropriate to prevent, suspend or obtain compensation for the infringement of intellectual property rights. No other rights of any kind are licensed, assigned or otherwise transferred to persons accessing the Website and/or using the Content.

Links to third party websites and services

The Website contains hyperlinks to websites managed by third parties and references to other sources of information. These links and sources of information are for information purposes only. These websites and the information on these sites are not managed or controlled by Woosh.

To the extent we have no control over such services, you acknowledge and agree that we are not responsible for (i) the availability, content, accuracy, quality, advertising, products, these third party services and any other items available on or through these services, (ii) the privacy or other practices of these websites.

Duration and termination

As long as you use the Website, the Terms of Use apply between you and us.

In the event that we believe that your use of the Website is unlawful and/or unauthorized and/or in breach of the Terms of Use, we reserve the right to take any action, in particular legal proceedings, that we deem necessary and to automatically terminate your access to the Website.

Responsibility

The data communicated on the Website, in particular relating to the marketing activities or the financial data of Woosh and/or its affiliates, are provided for information purposes only and do not constitute a commitment on the part of Woosh and/or its affiliates.

The use of the Website and all decisions taken based on the data and/or information on this Website are your sole and exclusive responsibility.

General

The Terms of Use constitute the entire agreement between you and us relating to the subject matter hereof and supersede the terms of any other communications and/or advertising relating to the Website.

If any provision of the Terms of Use is determined by any court or authority having competent jurisdiction to be illegal, invalid or unenforceable, the invalidity of such provision shall not affect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.

Failure by either party to enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

You agree to indemnify, defend and hold harmless Woosh and its representatives, officers, employees, subcontractors and agents from and against any and all claims, actions, suits and all damages, costs, expenses, or expenses arising out of any breach by you of the Terms of Use.

Applicable law – Dispute resolution

The Terms of Use are governed by Belgian law.

In the event of a dispute, the Customer must first submit a written complaint to Woosh customer service in order to resolve it amicably.

If you are unable to resolve the dispute with Woosh directly, you can call upon a consumer ombudsman free of charge to settle the dispute between you and Woosh amicably by contacting the consumer ombudsman service (https://consumentenombudsdienst.be/nl)

You may also use the online dispute resolution service provided by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.

Any dispute relating to the conclusion, validity, interpretation, execution or termination of the Terms of Use shall be subject to the jurisdiction of the courts (i) of the place where Woosh is established; or (ii) the place where you are established; or (iii) the place of provision of the service of access to the Website.