FunkyTime General User Terms & Conditions.
GENERAL TERMS AND CONDITIONS FOR VISITING AND USING FUNKYTIME
V3.0 18/05/2022
By going to another page of this website other than the homepage or by logging in, you implicitly agree to all the general terms and conditions of this website, hereinafter referred to respectively as the GENERAL TERMS AND CONDITIONS and WEBSITE. The GENERAL TERMS AND CONDITIONS that are currently published on this WEBSITE apply as of 18 May 2022 and replace the Terms and Conditions dated 1 April 2017. The GENERAL TERMS AND CONDITIONS may be modified at any point in time without prior notification. As soon as any changes are made, the most recent version of the GENERAL TERMS AND CONDITIONS applies from that point on to all facts and any violations as from or after the date of publication of the changes.
Website
The WEBSITE is the property of FunkyTime N.V., Ninovesteenweg 198 bus 29, 9300 Aalst, Belgium, hereinafter referred to as the OWNER. The WEBSITE is comprised of a gateway page (with login, registration and order option; hereinafter referred to as the GATEWAY) and a web application (that is accessed after logging in; hereinafter referred to as the APPLICATION). The GATEWAY may be visited via the Internet. These visitors are hereinafter referred to as VISITORS. As soon as a VISITOR registers with a valid identification (hereinafter referred to as ID) and password (hereinafter referred to as PASSWORD), the VISITOR enters their section of the APPLICATION, hereinafter referred to as the WORK ENVIRONMENT, and the VISITOR’s status changes to user of the WORK ENVIRONMENT (hereinafter referred to as the USER).
ID & password
For security reasons, the VISITOR/USER should never pass on or share their ID and PASSWORD with third parties. The OWNER is legally entitled to refuse access at any point in time to a USER for a specific or indeterminate period of time, if the OWNER obtains proof that the USER has been negligent in using their ID or PASSWORD. In such instances, the OWNER is entitled to demand damages from the USER. In such instances, the USER is not entitled to demand any damages from the OWNER.
The PASSWORD is not known to the OWNER and is stored in an encrypted format. Only the USER is familiar with his or her PASSWORD. In the event that the USER loses or forgets the PASSWORD, the USER can obtain a new temporary PASSWORD via a form on the GATEWAY, which will deliver instructions via email. In such instances, the USER may not demand any damages from the OWNER for the fact that their temporary PASSWORD was not available on time or not available at all.
Gateway page
All information included on the GATEWAY is merely for informational purposes. Nothing that is posted on the GATEWAY is legally binding for the OWNER. The OWNER cannot be held responsible for the consequences of the interpretation of information posted on the GATEWAY. Any information posted on the GATEWAY relating to delivery deadlines or sales terms and conditions must first be confirmed in writing by the OWNER before they become legally binding for the OWNER
Work environment
The APPLICATION and the WORK ENVIRONMENT are included in the finished market version V3.0 (hereinafter referred to as V3.0). This means that the WORK ENVIRONMENT has been tested providing a guarantee of reasonably stable functioning, but not providing a guarantee of uninterrupted functioning and accuracy of the information. The APPLICATION and the WORK ENVIRONMENT will be adjusted in the future to reflect users’ comments, so that some temporary instability may occur in spite of the fact that the OWNER will do everything in its power to switch to new versions and to ensure that improvements are made as gradually as possible. By logging in to the WORK ENVIRONMENT and using this, the USER accepts that the WORK ENVIRONMENT may contain imperfections and that it may be subject to changes. The USER accepts that a part or all of his or her information (hereinafter referred to as DATA) may be irredeemably lost or that the information that appears in reports and on screens (hereinafter referred to as REPORTS) may contain errors. The USER agrees that he or she will under no circumstances hold the OWNER responsible for the direct or indirect consequences of any possible loss of DATA or for the direct or indirect consequences of any errors in the REPORTS. The OWNER offers the USER the opportunity to export the DATA from the WORK ENVIRONMENT at any point in time to another infrastructure. The USER accepts that he or she has sufficient possibilities of protecting himself or herself from any interruption to the functioning of the WORK ENVIRONMENT and against a possible loss of DATA.
The USER may expand his or her own WORK ENVIRONMENT by ordering a paid license (hereinafter referred to as LICENSE) from the OWNER via the WORK ENVIRONMENT or GATEWAY. Once a LICENSE has been ordered, the same terms and conditions apply to the use of the LICENSE as for the use of the WORK ENVIRONMENT. A LICENSE is made available by the OWNER at its own discretion and contains benefits and functions that the OWNER may change at any point in time. The USER may not demand any damages from the OWNER for any changes to or removal of a LICENSE.
Fees
Use of the WORK ENVIRONMENT is free of charge for residents and legal persons with registered office in countries within the European Union, within certain usage limits as published on the GATEWAY, which the OWNER may change at any time. For the use of a LICENSE, the OWNER will charge the USER a monthly fee (hereinafter referred to as the SUBSCRIPTION FEE), which will appear on the WEBSITE and that will first be confirmed by the OWNER in order and payment correspondence with the USER. The USER can also opt to pay the SUBSCRIPTION FEE in advance for periods of more than one month. The terms and conditions of these advance payments are posted on the WEBSITE and will first be confirmed by the OWNER in order and payment correspondence with the USER. The SUBSCRIPTION FEE runs automatically for successive periods of one month or, should the user choose the advance payment option, for successive periods for the duration of the pre-paid period. If a USER chooses an advance payment option that has not yet expired and the OWNER decides to remove the LICENSE from circulation, the OWNER will reimburse the USER pro rata for the outstanding time on the subscription.
System requirements
The WEBSITE has been designed for the following web browsers (hereinafter referred to as the BROWSERS): the most recent two versions, at any time, of Google Chrome, Firefox, Edge, Safari and Opera. The USER accepts that the OWNER offers no guarantee for any other BROWSERS than these and cannot offer any support for them. Any use of the WEBSITE with any other BROWSERS is completely at the USER’s risk. The WEBSITE requires JavaScript to be switched on and some functionalities may require pop-ups to be allowed.
Referral code
The OWNER may, at its own discretion and at any point in time, allocate a special code (hereinafter referred to as the REFERRAL CODE) that the USER can use to refer new visitors to the WEBSITE. The REFERRAL CODE remains the property of the OWNER at all times. The OWNER may unilaterally retract the right to use the REFERRAL CODE at any time and the USER may not oppose this decision nor demand any damages for the removal of this USER’s right.
Termination
The USER may unilaterally terminate the agreement at any point in time via the WORK ENVIRONMENT or by simply sending an e-mail to the OWNER. The OWNER will then close the WORK ENVIRONMENT and keep the DATA for one month after the date of the termination by the USER. During this month, the USER may re-activate the WORK ENVIRONMENT without any loss of any DATA or the loss of the right to use any pre-paid LICENSE that has not yet reached its expiry date. After one month, the DATA will be irredeemably destroyed, the USER may no longer obtain access to the WORK ENVIRONMENT and he or she loses any right to use a pre-paid LICENSE that has not yet reached its expiry date. Some parts of the PERSONAL DATA of the USER may not be automatically deleted, so that it will still be possible for the OWNER to identify the former USER, should they re-register. The OWNER will not send any further e-newsletters to the former USER. Should the former USER wish to use the APPLICATION again, they should re-register as a new USER.
If the USER has not accessed the WORK ENVIRONMENT for a period of six months, the OWNER is legally entitled to consider this lack of activity as a unilateral termination of the agreement by the USER. In this instance, the OWNER may warn the USER via an e-mail address from the PERSONAL DATA that the DATA will be deleted one month later. Should the OWNER receive no response from the former USER, it is entitled to delete the DATA and the former USER will have no entitlement to demand damages from the OWNER.
Copyright
The ownership rights and copyrights of all texts and photos on the WEBSITE belong to the OWNER. No single part of these texts and no photos may be duplicated or reproduced, irrespective of the format, by third parties without the prior written agreement of the OWNER.
Trademark
The brand name FunkyTime is the property of the OWNER. FunkyTime is a registered trademark in the European Union and the United Kingdom.
Legislation
Belgian law is applicable. In event of a dispute between the VISITOR/USER and the OWNER, only the courts of Ghent, section Dendermonde are competent.