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2houses

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Web Site Terms and Conditions of Use

Version 1.3 – 1 July 2013

By agreeing with the present Terms, the consumer accepts that the provision of the Service, that he would have ordered on the Website http://www.2houses.com starts before the end of the legal cooling off period. In accordance with article 47, §4, 1° of the Market Practices and Consumer Protection Act of 6 April 2010, the consumer may hence not exercise this right after having placed their order.

The consumer does not have a right to withdraw from the purchase.

Article 1 – Information on 2HOUSES

1.1. Service provider

The website www.2houses.com and its subdomains (hereinafter the « Website ») is administered and exploited under the responsibility of SPRL 2houses (hereinafter « 2 HOUSES»), having its registered offices at 6220 Fleurus (Belgium), 5, rue du Couvent, registered at the Central Bank of Enterprises under number 836.314.402.

Any question or complaint related to the use of the Website or the functioning of the services proposed by 2 HOUSES (hereinafter the « Services ») may be addressed to 2HOUSES :

1.2. General terms

Access to and use of the Website are subject to the present General Terms of Use (hereinafter the “Terms”) and to the Privacy Policy, as well as to the Belgian law. Consequently, access to the Website implies the surfer’s full consent without any reservations with the present Terms and the Privacy Policy.

The Terms and the Privacy Policy exclusively govern the relationship between the visitor of the Website (hereinafter the “User”) or the member registered according to article 4.1 (hereinafter the “Member”) and 2HOUSES, in connection with the Services and the use of the Website.

These Terms may be consulted at all times on this URL: http://www.2houses.com/en/terms-of-use

2HOUSES reserves the right to modify and update these Terms, the access to the Website and its content at all times and without prior notification. Such modifications are opposable to the Users and Members upon each visit to the Website. 2HOUSES recommends to consult them regularly.

In case of any inconsistencies between different language versions of these Terms and of the Privacy Policy, the French version shall prevail.

1.3. Information on third-parties applications

The Website integrates third-parties applications (hereinafter the “Third-parties applications”), such as Google +, Facebook, Twitter or Pinterest. These applications are subject to their own terms and conditions and Privacy Policy, which can be consulted on the respective websites of the concerned third-parties.

Third-parties applications are not controlled by 2HOUSES, who consequently bears no responsibility in this respect.

Article 2 – Content of the Website

2.1. General description

The Website 2HOUSES is a web platform aiming at helping separated parents to communicate and organise for the well-being of their children.

For this purpose, 2HOUSES proposes different tools for storage and exchange of information, and common management of custody, planning changes, expenses, and other issues related to the organisation of the daily-life of their child.

2.2. Access to the Website, its functionalities and conditions pertaining to them

a. Consultation of the Website

Simply visiting and consulting the Website is unrestricted and free.

However, access to certain functionalities described under article 3 is however only possible after prior registration as a “Member” of the Website by filling in and submitting the online form on the Website.

b. Services with reserved access

Access to tools for storage of information, exchange of information and common management of custody, planning changes, expenses, and others offered by 2HOUSES are reserved to Members.

All services of 2houses are free to users.

Article 3 – Electronic agreement

3.1. Communication of essential information

Essential information related to the Access ordered and its price is communicated to the Member before the order is placed, and is communicated once again in the confirmation email of the order.

3.2. No cooling off period

By agreeing with the present Terms, the beneficiary Member accepts that the provision of the Service starts before the end of the legal cooling off period, as soon as the order for the Access is placed. In accordance with article 47, §4, 1° of the Market Practices and Consumer Protection Act of 6 April 2010, the Member may hence not exercise the right of withdrawal.

3.3. Electronic proof

In the event of litigation, the parties agree that any reproduction by 2HOUSES of data stored on its servers concerning the use of the Website, e.g. the Member’s password, will prevail between parties.

Article 4 – Member status

4.1. Subscription

Subscription as Member is reserved for physical persons aged 18 or more and enjoying full legal capacity. 2HOUSES reserves the right to demand proof of identity and legal capacity of a Member or User who wishes to subscribe as a Member.

The Member has the possibility to give access to the account created to the co-parent, the grandparents and the child for whom the account was created. The Member is responsible for all access to his account given to any third-party and any minor person.

After submitting the subscription form on the Website, the User receives a confirmation on the email address indicated on the form, stating the username and password. Subscription as a Member is complete once the User has confirmed his subscription request by clicking on the link stated in the confirmation sent by 2HOUSES. The Member may identify himself on the Website by introducing his username and password in the appropriate fields.

Registration as Member leads to the registration of certain data of the User in the Member database of 2HOUSES.

All data gathered during registration is processed in accordance with the Act of 8 December 1992 on Privacy Protection in relation with the Processing of Personal Data, as described in the Privacy Policy.

The Member may at any time request to cancel its registration as a Member. Its personal data and user account will then be deleted within due time.

4.2. Rights and obligations of the Member

The Member agrees to abide by all directions of conduct and requirements present on the Website as well as by any reasonable request or instruction given by 2HOUSES regarding the Website or the Service.

The Member must ensure that all the information given is correct and up to date.

The Member is responsible for the use of and the access to his account. In this regard, the Member must ensure that no other person has access to the Website with his password. In the event that the Member has knowledge of any person accessing the Website with his password, he must duly inform 2HOUSES thereof without delay by email on the following address: [email protected].

The Member is solely and entirely responsible for any activity taking place with use of his account and 2HOUSES cannot and may not be held liable for any loss or damage suffered by the Member due to the misappropriation of his password by others, even without the Member knowing.

4.3. Content put online by the Member

The Member can upload content onto the Website (images, text, or other) (hereinafter the “Content”). 2HOUSES exercises no editorial control over such content that is made available only to persons specifically designated by the Member (identified by their name and email address).

The Member recognizes that he is solely responsible for the Content which is put online by him and all consequences from its communication. The Member represents and warrants that he disposes of all necessary authorizations for putting the Content online and for its communication. The Member agrees not to communicate, upload, display any Content which third parties may have rights on (including privacy rights or publicity rights, more specifically with regard to pictures), unless express, prior authorization from those third parties has been obtained.

2HOUSES does not guarantee that all information and data on the Website is complete, accurate, adequate and trustworthy, or in accordance with the applicable law, or not violating any rights of third parties. 2HOUSES expressly waives all possible responsibility for the Content published on the Website by the Members.

The Members hold 2HOUSES harmless from any action or complaint by third parties (including public authorities) in relation to the Content.

2HOUSES may, at its sole discretion, control the Content. It reserves the right to delete any Content in violation of the Terms or which it received a complaint for. 2HOUSES may exercise this right at any time, without notice and at her sole discretion.

2HOUSES reserves the right to cancel or suspend the status of a Member at any time when certain elements may lead to conclude that the applicable law, these Terms or rights of third parties are violated, or that the status of the Member concerned harm or may harm the interests of 2HOUSES or other Members or Users.

Article 5 – Intellectual Property Rights

5.1. The Website and all its components (marks, logos, graphics, photographs, animations, videos, music, text, etc.) are the property of 2HOUSES or its partners. They are protected by intellectual property rights (more specifically copyrights and neighbouring rights, trademark rights, etc.) and may not be reproduced, used or communicated without prior and written authorization from 2HOUSES or from the rightsholder, otherwise such actions constitute a violation of copyrights and/or designs and/or trademarks, punishable with imprisonment of three months to three years and a fine ranging from 100 to 100.000 euro or one of these individual penalties, without prejudice to civil damages.

5.2. 2HOUSES hereby grants to the User a non-exclusive, non-transferrable licence for an indefinite duration and revocable at all times without any reason, to access the content of the Website, to display and download such content for display purposes only. The User may also print a copy of the displayed content on the Website for personal use, provided that the User does not alter the content of the Website in any way and provided that he preserves all credits to the creator and origins of the Website. The User agrees to refrain from circumventing the technical protective measures of the documents and multimedia elements. Reproduction is not authorized unless for strictly personal purposes in accordance with article 22, §1, 4° of the Copyright Act of 30 June 1994. After viewing the content of the Site, or termination of this authorization, the User must destroy any downloaded materials owned, whether in electronic or printed.

5.3. The User undertakes, in particular, not to:

  • modify or copy the materials found on the Website, except under the conditions specified in Article 5.2 ;
  • use this material for any commercial purpose or any part of any public display (whether or not of a commercial nature) ;
  • attempt to decompile or reverse engineer any software contained on the Website ;
  • clear from documentation any mention of a copyright or an exclusive proprietary right ;
  • transfer the materials to a third-party or duplicate it on another server.

5.4. Any violation of any of the above restrictions will result in immediate termination of this authorization, which 2HOUSES reserves the right to terminate at any time.

5.5. The Website may exclusively be linked to by using hyperlinks to the front page on the URL http://www.2houses.com. Any hyperlink to other, interior pages of the Website is prohibited, unless express, prior authorization is given by 2HOUSES.

5.6. Any other use of the Website and its components, not explicitly treated in this article, is strictly prohibited.

Article 6 – Responsibility related to the use of the Website

6.1. Availability and functioning of the Website

2HOUSES ensures, to the extent possible, that the Website remain accessible for a normal number of Users. 2HOUSES cannot guarantee the normal functioning of the Website at all times without any interruption or error, nor that any flaws are immediately solved, nor that the Website and the server hosting it are completely free from viruses or other malicious elements. 2HOUSES reserves the right to suspend or stop all or part of the Website at all times without any prior notice.

2HOUSES cannot and may not be held responsible for any loss and/or damage of any kind resulting from the suspension, interruption, (technical) interference, delay, difficult access and/or blocked access to whole or part of the Website, or any virus or other malicious elements present on the Website.

Users who notice the presence of viruses or other malware on the Website are kindly asked to notify 2HOUSES thereof on the following address: [email protected] in order to enable 2HOUSES to take appropriate measures. 2HOUSES advises Users to install proper firewalls, antiviruses and other software on their end-user devices to protect them from any damage.

6.2. Content and use of the Website

The Members and Users use the Website at their own risk. Within the limits of the applicable law, the Website, its components and all information, software, installations and services pertaining to the Website are delivered as such, as available without any guarantees (not explicit, nor implied) and within the boundaries set by law.

Are amongst others excluded, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or non-infringement of other rights. In addition, 2HOUSES gives no warranty and makes no representation regarding the accuracy, likely results, or reliability of the use of its Website content, or any component thereto in any manner or information contained on other websites to which the Website of 2HOUSES refers through hyperlinks.

In any case, 2HOUSES or its suppliers shall not be held liable for any loss or damage (direct, indirect, tangible or intangible, including – without limitation – of harm inherent in the loss of data or profit, or resulting in an operating loss) arising out of the use or inability to use the Site or its content, even if 2HOUSES or one of its duly authorized representatives has been informed orally or in writing of the possibility of such damages.

The presence of technical errors, typographical or photographic content of the website 2HOUSES cannot be excluded. 2HOUSES does not guarantee the accuracy or completeness or updating the content of its website. 2HOUSES reserves the right to modify the content of the Website at any time and without notice. However, 2HOUSES does not undertake to update its content.

6.3. Links to or on other websites

Hyperlinks to other websites may be placed on the Website. Certain websites may include a link to the Website. Third party websites are not controlled by 2HOUSES, the latter does not assume any responsibility for their functioning, content or use. Except when stated otherwise on the Website by 2HOUSES, the existence of these links do not imply any endorsement on behalf of 2HOUSES of these websites or their use, nor do these links imply any association or partnership with the owners of such websites. The User bears full and entire responsibility for consulting such websites related to the Website.

Article 7 – Validity of the contractual provisions

7.1. Disuse of any provision of these Terms by 2HOUSES cannot be interpreted as yielding all future use of the rights described in such provision.

7.2. The nullity, invalidity or unenforceability of all or part of the provisions in these Terms will not affect the validity or enforceability of any other provision of the provisions in these Terms. In case of partial or entire nullity, invalidity or unenforceability of a provision, such provision shall be presumed to be unwritten. 2HOUSES agrees to substitute such provision with another provision having the same effect to the extent possible.

Article 8 – Applicable law and competent court

8.1. All claims related to the Website shall be submitted and interpreted according to legislation in force in Belgium, without consideration to provisions in matters of conflicts of laws.

8.2. The courts of Brussels are exclusively competent for any litigation concerning these Terms.