Terms of Use

Overview

The following terms of use (“Terms of Use” or “Terms”) shall apply between you, on the one hand, and, on the other hand, SumProject Architecture & Engineering BV CVBA, having its registered offices at 1000 Brussels, Boulevard de Waterloo 90 and witch company number 0422.525.565 (SumProject) and SumResearch SA (a company incorporated under Belgian law, having its registered offices at 1000 Brussels, Boulevard de Waterloo 90 and with company number 0454.010.181) (jointly “Sum” or “We”/”Us”). By accessing and/or using the website www.sum.be (the “Website”) or any of its features or applications, you acknowledge that you have read, understand and agree to be bound by these Terms of Use and to comply with them, as well as with any and all applicable laws and regulations in that regard. If you can or will not agree to the Terms of Use, please cease any and all use of and access to the Website.

 

Your use of and access to the Website is also subject to those additional terms and conditions provided or stipulated by or on behalf of Sum and/or published on the Website and, as the case may be, applicable to certain information, works, materials and/or services made available through this Website or otherwise by Sum (“Additional Terms”). Such Additional Terms include Sum’s General Terms & Conditions of Service (“T&C’s”), Sum’s Privacy Policy, as well as any other terms emanating from Sum, which shall be read together with these Terms. The Additional Terms are hereby incorporated by reference into these Terms. If there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail.

 

Sum may at any time make changes to these Terms and/or to any information, works, materials or services contained, described or referenced on this Website, without prior notice to you. We hence recommend that you regularly consult these Terms and avail yourself of the latest version, which shall be applicable as of its publication on the Website.

 

General

This Website may contain proprietary notices and copyright information, the terms of which must be observed and followed at all times. Sum grants to you a non-exclusive, non-transferable, non-sublicenseable, revocable and limited right to access and display the web pages within this Website as a client, partner or potential client or partner of Sum, provided that you fully comply with these Terms and any Additional Terms, as well as with any and all copyright, trademark and other proprietary notices. You shall use this Website only to meet the internal requirements of your business in the ordinary course of such business and as a client, partner or potential client or partner of Sum and not for any other commercial or business purpose.

 

Sum does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights, except as expressly stated otherwise in the additional terms. Any and all intellectual property rights with regard to any and all images, drawings, designs, plans, texts and other works displayed or featured on this website are the exclusive property of sum and/or its licensors. You may not mirror, display or otherwise make available or reproduce any of the content from this website on another site or in any other media except as expressly authorized by sum in writing. Any materials that are made available for downloading, access or other use from this website with their own license terms will be governed by such terms, conditions and notices. Your failure to comply with such terms will result in the automatic termination of any rights granted to you, without prior notice, and you must then immediately destroy any and all copies of downloaded materials in your possession, custody or control.

 

Disclaimer

From time to time, this Website may contain technical inaccuracies or typographical errors and we do not warrant the accuracy of any posted information, materials or data. Please make sure that you are using the most up-to-date pages on this Website and avail yourself of the accuracy and completeness of any information, materials and data before using the same in any way to make decisions or take actions relating to services, products, projects or other matters described or made reference to on the Website.

 

Confidential information

Sum does not want to receive confidential or proprietary information from you through the Website. Please note that any information, data or material sent to Sum will be deemed NOT to be confidential, unless otherwise agreed to by Sum in writing. By sending Sum any information, data or material, you acknowledge and agree that you grant to Sum, who accepts, an unrestricted, unlimited, irrevocable, fully paid-up, perpetual and worldwide license to access, copy, reproduce, publish, upload, post, transmit, distribute, communicate to the public, publicly display, perform, modify, create derivative works from and otherwise freely use any such materials, data and information. You also agree that Sum is free to use any ideas, concepts, know-how, works and techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; (b) we first notify you that the materials, data or other information you submit to a particular part of the Website will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personal data you submit to us via the Website will be handled in accordance with our privacy policy. Please see the ‘Privacy Policy’ on the Website for more information.

 

Business relationships

The Website may provide links or references to third-party websites, data and/or media. Sum makes no representations, warranties or other commitments nor endorsements of any kind with regard to any such third-party websites, data and/or media. In addition, Sum is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties, their products or services (or use a link to such parties or their products or services) via a Sum website or media. When you access a non-Sum website, even one that may contain a Sum logo or name, please understand that it is independent from Sum and that Sum does not control or regulate the content nor information on that website. It is up to you to take precautions to protect yourself from misrepresentations, scams, viruses, worms, Trojan horses and other potentially harmful occurrences or destructive programs and to protect your information and interests.

 

Linking to the Website

Sum consents only to links to the Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on the Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Website; (b) misrepresent your relationship with Sum; (c) imply that Sum approves or endorses you, your Website or your service or product offerings; (d) circumvent or attempt to circumvent any technical measures or access limitations or other protection or limitation systems in place nor in any other way infringe upon Sum’s copyrights or other intellectual property rights; nor (e) present false or misleading impressions about Sum or otherwise damage the goodwill associated with Sum’s name, reputation, works or trademarks. As a further condition to being permitted to link to the Website, you agree that Sum may at any time, in its sole discretion, terminate permission to link to the Website. In such event, you agree to immediately remove any and all links to the Website and to cease any related use of Sum materials, works, images and trademarks.

 

Disclaimer of warranty 

Use of this website is at your own and sole risk. All materials, information, images, products, software, programs and services are made available and/or provided "as is," with no warranties or guarantees whatsoever in their regard. Sum expressly disclaims, to the fullest extent permitted by law, any and all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, sum makes no warranty or guarantee that the website will be uninterrupted, timely, secure or error-free. You understand and agree that if you download or otherwise obtain or access materials, information, images, products, software, programs, data or services from this website, you do so at your own discretion and risk and you will be solely responsible for any damages or claims that may result therefrom, including loss of data or damage to your computer system or damage to third parties.

 

Limitation of liability

To the fullest extent permitted by applicable law, in no event will sum be liable to you or any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the website or any use or visit of the website or of any site or media linked to, referenced by or accessed through the website, or related to or arising from the use or downloading of, or access to, any materials, images, information, products or services, including, without limitation, for any loss of profits or opportunities, for any business interruption, for any loss of savings, programs, information or other data, even if sum would have been expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theories.

 

Applicable law and jurisdiction

These Terms shall be governed by and construed in accordance with Belgian law. No effect shall be given to any other choice of law or to any conflict-of-laws rules or provisions (Belgian, foreign or international), that would result in the application of the laws of any country other than Belgium. Any dispute concerning the validity, interpretation, enforcement, performance or termination of these Terms shall be submitted to the exclusive jurisdiction of the Brussels courts.

 

Miscellaneous provisions

You hereby acknowledge and agree that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Sum. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof nor of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provision.