GENERAL TERMS OF USE VISURIS
I. PRELIMINARY PROVISIONS
The use of the VisuRIS website (hereinafter “the Website”) is subject to the General Terms of Use set out below. By ticking the designated box, you confirm that you have taken note of the General Terms of Use and accept them without any reservation.
PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED.
In the text below, “De Vlaamse Waterweg” refers to the waterway authority De Vlaamse Waterweg NV, with the following company details:
De Vlaamse Waterweg, a Public Limited Company under Public Law, with registered office at Havenstraat 44, 3500 Hasselt, Belgium, and company number 0216.173.309.
De Vlaamse Waterweg may modify the provisions of these General Terms of Use at any time, for example in the context of changes to its services or applicable legislation. The amended terms apply from the moment they are published. In the event of significant changes, we will inform you personally where possible and request your consent where necessary.
II. PURPOSE OF THE WEBSITE
The information available on the Website concerning, among other things, transport on the waterways aims to promote smooth and safe navigation by visualising available information such as navigational data via digital maps.
The information provided is limited to what is relevant in view of the user profile and the selection choices made by the user. By using the Website, you can consult and/or view both real-time dynamic information (AIS positions, current traffic situation, water level distribution, cargo data, notices to skippers, etc.) and static information about the waterways (operating hours, permitted dimensions of structures, transshipment locations, average lock waiting times, etc.).
The nature and scope of the available information may depend on how the Website is accessed (with or without mobile application). Where applicable, a route and travel planner is also provided.
De Vlaamse Waterweg makes every reasonable effort to ensure that the offered functionalities operate correctly and that the provided or visualised information is accurate at the time of recording or display. This does not, however, prevent incomplete, inaccurate or outdated information from appearing on the Website, nor does it prevent errors in the display of information or the functioning of the provided functionalities, partly because some information originates from third parties.
De Vlaamse Waterweg reserves the right to supplement, modify, correct or remove the information or functionalities at any time without prior notice. De Vlaamse Waterweg therefore provides no guarantees regarding the accuracy of the information made available.
De Vlaamse Waterweg makes every reasonable effort to safeguard the integrity of the data provided and takes all reasonable technical and organisational measures to prevent the loss, theft, unauthorised alteration or destruction of data. The user acknowledges that when breaches involving personal data (such as a data leak) result from force majeure, this cannot be considered a failure on the part of De Vlaamse Waterweg to take adequate security measures.
The webshop module also offers the possibility to purchase waterway permits and paper navigation charts for recreational boating.
III. USE OF THE WEBSITE
You may use the content on the Website only insofar as strictly necessary within the purposes permitted by De Vlaamse Waterweg. Any other use, disclosure and/or reproduction of the information and data offered on the Website without prior written consent of De Vlaamse Waterweg is prohibited and constitutes a violation of these General Terms of Use, without prejudice to other applicable legal provisions.
The following uses of the Website are - among others - not permitted:
Use for commercial purposes for the benefit of third parties, unless written approval has been obtained from De Vlaamse Waterweg, or unless such use occurs via a designated “account” and the associated conditions are fully respected.
Use for purposes with content that violates public order or morality, or that is discriminatory, offensive, defamatory or harmful, or that infringes the rights of others.
Displaying the information provided on the Website in a manner other than that made available by De Vlaamse Waterweg. You may not edit the information, communicate it to the public or exploit it in any way, nor assist others in doing so, unless prior written consent is obtained or such actions take place via a designated “account” with its associated conditions.
"Mirroring" Website content on another server or website without prior written consent. Using the content on any other website or in any computer network environment for whatever purpose is prohibited unless expressly permitted in writing by De Vlaamse Waterweg.
Using software or any automated system to extract information from the Website ("screen scraping"). De Vlaamse Waterweg reserves the right to take any measures it deems necessary in the event of violation.
Using the Website in a manner that could affect or damage it, for example by uploading computer viruses or harmful files or by circumventing technical protection and safety measures designed to protect the integrity and confidentiality of the Website data.
Creating or exploiting links to the Website in a misleading way or in a way that falsely suggests an association between the Website and the website or location to which the Website is linked (with a hyperlink or anything else), unless prior written approval is obtained from De Vlaamse Waterweg.
Some services require or allow the creation of an "account" to participate or to access additional services/advantages. You agree to provide truthful, accurate, current and complete information during registration. You declare not to impersonate any person, group or entity, not to misrepresent your identity or your relationship with another person, group or entity, not to use someone else’s username, password or account information, and not to misuse another person’s name, image or likeness.
You further declare that you will immediately notify the Data Protection Officer (see our privacy policy) of any unauthorised use of your username, password or other account information, or any security breach concerning the Website.
De Vlaamse Waterweg may terminate or suspend your account in case of non-compliance with these Terms of Use or specific service-related conditions. You agree to fully indemnify De Vlaamse Waterweg and its agents against third party claims, including but not limited to reasonable (extra) legal and administrative costs, arising from the violation of these Terms.
IV. FORCE MAJEURE
"Force Majeure" refers to any fact or event beyond the control of De Vlaamse Waterweg that could not reasonably be foreseen or prevented and that significantly affects the operation of the Website or the information provided through it.
Examples include:
- wars, hostilities, embargoes, uprisings, local conflicts, terrorism
- natural disasters (earthquakes, floods)
- "Fait du Prince" (acts of government)
- decisions, actions or failures to act or decide by all parts of the "government"
- failures of third parties due to circumstances beyond the control of De Vlaamse Waterweg, including but not limited to partial or full unavailability of electronic communication networks, satellites or technological infrastructure, such as transponders and communication masts.
This list is not exhaustive.
If a force majeure event occurs, De Vlaamse Waterweg is, for its duration, exempt from any liability regarding availability, operation, functionality, or the accuracy or completeness of any information already or to be disseminated through the Website.
Va. LIABILITY
Without prejudice to other provisions of these Terms, De Vlaamse Waterweg shall in no event be liable for any damage arising from the use of the Website functionalities or information, except in the case of intentional fault on its part. This applies even in cases of serious error or gross negligence.
If multiple parties are involved in a case of damage, the liability of De Vlaamse Waterweg is limited to its proven share.
De Vlaamse Waterweg is not responsible for intentional or gross negligence of its agents or third parties, including other Website users who have provided information.
The liability of De Vlaamse Waterweg is in any case limited to direct damage and excludes lost profits, financial or commercial losses, loss of production, increased general costs, increased administrative costs, loss of cargo, time loss, data loss or damage, contract loss, intangible damage, or loss of clientele.
Regardless of the nature of the damage, liability is limited to the amount you paid during the last 12 months for use of the Website, with a minimum of EUR 100 per incident.
Vb. RIGHT OF WITHDRAWAL
As a consumer, you have the right to notify us that you withdraw from a purchase (legal provisions on distance selling, Articles VI.47 et seq. WER) without costs and without stating a reason within 14 calendar days from the day following delivery. If you exercise this right, you must return the goods at your own risk and expense to (department + address).
This right of withdrawal does not apply when De Vlaamse Waterweg acts within the framework of its essential and typical tasks in the public interest, such as the sale of waterway permits.
VI. INTELLECTUAL PROPERTY
All texts, drawings, photographs, videos, images, data, databases, software, names, trade and domain names, trademarks, logos and other components of this Website are protected by intellectual property rights and belong to De Vlaamse Waterweg or third parties.
It is prohibited, without prior written consent, to store (other than as necessary for viewing), reproduce, modify, publish, distribute, transmit, sell or transfer any of this content, or to grant rights over it to third parties.
If you infringe the intellectual property rights of De Vlaamse Waterweg or third parties, you undertake to compensate and indemnify De Vlaamse Waterweg or third parties for any resulting claims.
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