User Agreement
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Purpose
This user agreement outlines the terms and conditions applicable to the use of the information and services provided by DIPLA. The user of DIPLA is deemed to have accepted the provisions of this user agreement and the agreement between the subscription holder and Profisi BV of which the user is a member.
Profisi BV reserves the right to amend this user agreement at any time.
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Liability
Profisi BV cannot be held liable for any inaccuracies or shortcomings in the data as presented on the platform. This applies both to information provided directly by Profisi BV and to information submitted by users.
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Incorrect data or shortcomings in DIPLA do not entitle the user to any financial compensation. Profisi BV is not liable to users or third parties for any direct, indirect, incidental damages, loss of profits, or any other damages resulting from negligence or omissions in providing, compiling, editing, writing, or interpreting information.
Profisi BV expressly provides DIPLA “as is.” The technical realization relies on state-of-the-art technologies. However, Profisi BV cannot be held liable for any (temporary) outage or malfunction of the system.
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Profisi BV is not responsible for links to websites operated by third parties. Profisi BV has no control over such external sites and accepts no responsibility for their content. Including such links does not imply Profisi BV's approval of their content, nor any association between Profisi BV and the owners of those websites.
The information in DIPLA is subject to periodic updates. Profisi BV reserves the right to make improvements and/or changes to the platform at any time.
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Intellectual Property and Copyright
Most of the substantive data in DIPLA is owned by a subscription holder. DIPLA is merely a tool to collect, store, and process this data. The user explicitly acknowledges that the provided content (texts, graphics, etc.) remains the property of Profisi BV and/or the relevant subscription holders. No part of DIPLA may be used for reproduction, modification, distribution, sale, publication, or commercial purposes without prior written consent from Profisi BV and/or the relevant subscription holders. It is also prohibited to store this information electronically or use it for unlawful purposes. Storing site information in a database is not permitted, except for automatic browser caching.
In cases of misuse, illegal use, theft, or other violations of these terms, the incident will be reported to authorities and access to DIPLA will be terminated. An administrative fee of at least €750 per violation will be charged, along with a compensation of €500 per day the violation continues. Additional charges may apply. This is without prejudice to the right to claim greater damages.
Furthermore, the client is fully responsible for all legal costs incurred by the Subscription Provider in enforcing these terms.
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Agreement with the Subscription Holder
The user gains access to DIPLA through a subscription holder.
All subscription holders have an agreement with Profisi BV for the use of DIPLA.
The user is bound by all the terms and conditions included in that agreement.
The user acknowledges having been informed of the content of this agreement through the subscription holder.
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Evidence and Applicable Law
Belgian law applies. The parties accept that electronic communications between them have the legal value of written evidence. In case of disputes, only the courts of the jurisdiction where the Subscription Provider’s registered office is located shall have authority.
Miscellaneous Provisions
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Unity of Agreement
This agreement must be read in conjunction with the general subscription agreement for DIPLA, the privacy statement, and any addenda and annexes, which together govern the legal relationship between the parties.
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Waiver
If a Party does not or delays exercising a right under this agreement, this can never be considered or interpreted as a definitive waiver of that right. Partial exercise of a right does not prevent later full or additional exercise of that or any other right.
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Severability
If one or more provisions of this agreement are found to be null, illegal, or unenforceable, this will not affect the validity of the remaining provisions. Each Party will promptly and in good faith negotiate a legally valid substitute clause.