Terms of Use ("Terms")

 

Last updated: 1st September 2017

 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.agilepoint.eu website (the "Website") operated by AgilePoint EMEA BVBA (“AgilePoint”, "us", "we", or "our").

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.

 

Termination

We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Permitted Use of The Website

You may use the Website, and the information, text, images, videos, and/or other content that you experience on the Website (the "Content") solely for your noncommercial, personal purposes and to learn about AgilePoint products and services.

 

Prohibited Use of The Website

By accessing the Website, you agree that you will not:

  • Use the Website in violation of these Terms;

  • Copy, modify, create a derivative work from the Website, or allow any third party to do so;

  • Sell, assign, sublicense, distribute, commercially exploit, or otherwise transfer any right in, or make available to a third party, the Content or Website in any way;

  • Use the Website in any manner that damages, disables, overburdens, or impairs any AgilePoint website or interferes with any other party's use and enjoyment of the Website;

  • Mirror or frame the Website or any part of it on any other Website or web page.

  • Attempt to gain unauthorized access to the Website;

  • Access the Website by any means other than through the interface that is provided by AgilePoint for use in accessing the Website;

  • Use the Website for any purpose or in any manner that is unlawful or prohibited by this Agreement.

  • Any unauthorized use of any Content or the Website may violate patent, copyright, trademark, and other laws.

 

Copyrights and Trademarks

The Website including its Content is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Website, including all intellectual property rights in the Website, belongs to and is the property of AgilePoint or its licensors (if any). AgilePoint owns and retains all copyrights in the Content. Except as specifically permitted the Content may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Website, in whole or in part, by any means.

These restrictions do not apply to the social sharing mechanisms provided by third party services such as Twitter, FaceBook, Buffer, Linkedin, on the proviso that such social sharing does not copy, but instead links to the original Content.

AgilePoint, AgilePoint NX, the AgilePoint logo, and other marks used by AgilePoint from time to time are trademarks and the property of AgilePoint. You do not receive any right or license to use the foregoing.

Notifications of claimed copyright infringement on the Website should be sent to copyright@agilepoint.eu .

 

Links To Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by AgilePoint.

AgilePoint has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that AgilePoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

Limited warranties

We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Limitations and exclusions of liability

Nothing in these terms of use will:
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms:
(a) are subject to the preceding paragraph; 
(b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. The limitations and exclusions of liability in this paragraph will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

Privacy and Cookies

Your use of the Site is subject to AgilePoint’s Privacy Policy and Cookie Policy available respectively at http://agilepoint.eu/privacy and http://agilepoint.eu/cookies.

 

Breaches of these Terms

Without prejudice to our other rights under these Terms, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

Entire agreement

Subject to the first paragraph of Section [7], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

 

Law and jurisdiction

These terms of use will be governed by and construed in accordance with Belgian law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Belgium.

 

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. Your continued use of the  Website constitutes your agreement to follow and be bound by the updated Terms.

 

Our details & registrations

The full name of our company is AgilePoint EMEA BVBA.

We are registered in Belgium Enterprise No. BE 0843.220.703

Our registered address is AgilePoint EMEA,
Adriaan brouwerstraat 20 bus 0201
9700 Oudenaarde, Belgium.

 

Contact Us

If you have any questions about these Terms, please contact us.