The present version of these General Terms and Conditions is effective as of May 13, 2018, and replaces all previous versions.

1. Scope

These Terms and Conditions govern the relationship between, on the one hand, Bimmo, with registered office at Britselei 19, 2000 Antwerp and with company number BE 0478 568 801, (hereinafter: “Brody,” “we” or “us”), and, on the other hand, each User (hereinafter: “you” or “your,” as the context requires) of our Website, available at WordPress-696638-2447093. cloudwaysapps.com (hereinafter: “Website”) or any services that may or may not be provided through the Website (hereinafter collectively referred to as the “Services”) unless otherwise expressly agreed by the parties.

By accessing our Website, or any part of it (including the applications, information, etc., made available through our Website or, as the case may be, reused on other third-party websites), you agree to be bound by the provisions contained in these Terms and Conditions, including all special terms and conditions and policies referred to in these Terms and Conditions. These General Terms and Conditions, particular terms, and policies may be subject to change. Changes will come into effect upon publication on the Website or other communication.

Some functionalities of our Website may involve processing certain personal data, which is subject to Brody’s privacy policy, which forms part of these Terms and Conditions; Brody will respect your personal data and rights relating thereto at all times, hereby referring to our privacy policy.

This Privacy Policy contains further information, including the terms and conditions under which Brody processes, stores, (re)uses, and/or exchanges with third parties the personal data that you have made available to Brody. Among other things, your rights include the right to access, correct, and amend your data, to restrict its processing in whole or in part, and the right to be forgotten.

In the event of questions or comments, please contact info@brody.be.

2. About Brody

Any reference in these General Terms and Conditions to “Brody” shall refer to Bimmo, with registered office at Britselei 19, 2000 Antwerp and with company number BE 0478 568 801. It also includes, as the case may be, employees of Brody, recognized independent real estate agents acting in the name of and on behalf of Brody, and companies belonging to the same group.

3. Access to and use of the Services

The majority of the Services provided by Brody through the Website are freely accessible, albeit subject to the Terms and Conditions contained herein.

While Brody makes all reasonable efforts with respect to the content and information made available to the User through the Website or as part of the Services, Brody cannot make any guarantees as to the accuracy of such information.

For instance, the content of the information concerning the projects to be realized or completed by Brody is only indicative and is subject to changes and adaptations, whether or not at the request of Brody, the architects, contractors, subcontractors, builders, clients, safety coordinators, government agencies, etc. Moreover, the User expressly recognizes that only the plans and designs that have been finally approved will be binding for the parties that have endorsed them and that the User will only be able to derive rights from these if he or she is a party to these agreements.

Specific projects may also be halted without Brody providing any justification or reasons for this unless – naturally – Brody has made individual and specific written agreements to this effect with the User, signed by both parties.

Reusing the information made available by Brody for commercial use is not permitted unless Brody has given its prior written consent to the contrary.

4. Statements and warranties; disclaimers

You consent, represent and warrant that in connection with the use of the Website, the Services, and the data provided through the Website:

  • meets and will comply with these Terms and Conditions, as amended, if applicable, including the special conditions and policies referenced herein;
  • meets and will meet all applicable laws and regulations and applicable codes of conduct and deontology;
  • is and will act as a normal and prudent person, and in particular will not use the Website, the Services, or their contents for or in connection with any illegal activity;
  • Will not use the Services in such a way as to interfere with, damage, disrupt, or perform any other activity that may result in an overload or impairment of the functioning of the Services.

Please note that you represent and warrant that you will not use the information provided by Brody through the Website and/or as part of the Services provided:

  • hire out, lend out, sell, sublicense or create derivative works from it;
  • provide it to third parties, to the extent that the information provided by Brody contains confidential information or information that can reasonably be considered to be confidential;
  • use the information in an injudicious manner, and at all times treat it as a normal and prudent person;
  • Use defamatory or derogatory language towards Brody, its employees, directors, and appointed independent brokers, as well as other parties involved in the Services and/or one or more projects offered by Brody;
  • use for illegal or unlawful purposes, or in violation of public policy, morality, and/or fair trade practices;
  • Use to infringe on the intellectual property rights of third parties (including, but not limited to, copyrights, moral rights, portrait rights, trade secrets, etc.);
  • utilize the Services in a manner that could disrupt, interfere with, adversely affect, or inhibit other users from fully enjoying the Services or that damages, disrupts, overloads, or impairs the functioning of the Services;
  • Use them to propose, conceive, or realize a competing project, product, or service.

Last but not least, you will provide to Brody, its employees, independent brokers, or any other party involved in the Services and/or one or more projects offered by Brody:

  • providing accurate information;
  • not transmit or otherwise make accessible any potentially harmful, inappropriate, or false information or content;
  • Do not transmit or make available confidential information unless such information is reasonably appropriate in providing the Services. You must communicate any such restrictions on the use of this information to Brody in writing in advance and accepted by Brody.

Suppose you fail to comply with these terms and conditions. In that case, you expressly acknowledge and agree that Brody has the right to suspend or end the Services temporarily or permanently. You shall not be entitled to any compensation or damages as a result thereof.

5. Limitations of warranties and liability.

Although Brody makes all reasonable efforts to judiciously make the Website and the Services available and to provide them, it makes no warranty that:

  • that the information provided through the Website or, in general, in the context of the provision of the Services is correct and complete in all respects, taking into account the nature of the Services supplied by Brody and the circumstances in which this takes place;
  • that the Website will be free of viruses, (technical) errors, or other (technical) dysfunctions, and that Brody can resolve these at short notice;
  • the Website and/or the Services will be available at all times;
  • that the Website will at all times be interoperable with the hardware and/or software used by you;
  • that the Website, the Services, and the information supplied by Brody through them or in connection in addition to that will be useful, useful, or beneficial to you or will at all times meet your personal needs or interest.

The aforementioned shall not prevent you from having the right to request specific warranties and representations from Brody. However, such guarantees, warranties, and/or representations shall be legally valid only if they are previously given in writing and signed by two directors of Brody, in which case they may additionally be subject to conditions.

Brody will therefore not be liable for any direct or indirect damage incurred by the User, including consequential damage, loss of profit, lost opportunity, loss of turnover, or any other form of damage, irrespective of whether or not it is proven by or in the name of the User unless the User proves intentional fault or fraud on the part of Brody.

It is only when you can prove that you have suffered damage as a result of the non-fulfillment of an undertaking that was included in a deed signed in the name of and on behalf of Brody that Brody will compensate for these damages as agreed in this deed.

6. Intellectual Rights

By accessing the Website, you acknowledge that Brody is the holder, at least copyright holder, of all works made available to the User on or through the Website, including pictures, information, the Website itself, as well as the underlying databases and database structures, the look and feel of the Website, all (graphic) images, icons, and scripts, in any form whatsoever. These are protected based on copyright, as works of literature and art, or based on sui generis database law.

Until you have obtained Brody’s express prior written permission, you are not authorized to:

  • Reproduction, distribution, and/or communication of any work to the public for other than purely informational, non-commercial purposes;
  • use any reverse engineering tools, methods, techniques, or technologies in connection with your use of the Website and/or the Services,
  • integrate, embed, or otherwise make accessible the Website and/or any separate work made available through the Website or otherwise by Brody in any other website, application, or service.

Should you repurpose any work made available through the Website in any

anyway, in whole or in part, you grant to Brody an irrevocable, perpetual, non-exclusive, transferable, worldwide right and license to use, copy, store, display, reproduce, adapt, translate, and distribute, in whole or in part, (i) any information you provide in connection with such reuse modify, and distribute, (ii) to reproduce, distribute, and/or communicate to the public, in whole or in part, the derivative works so created, without any further permission, authorization from you or any third party and without any compensation being due, and with or without reference to your reuse of the original work.

Furthermore, Brody will be free to use, disclose, reproduce, license, distribute and exploit in Brody’s sole discretion any suggestion, recommendation, feedback, or suggestion made by you regarding the Website and the works made available through the Website without any obligation, limitation or commitment of any kind on Brody’s part.

Any other brands, product names, trade and/or company names, or logos of third parties are the property of their respective owners.

7. Changes to these General Terms and Conditions

Brody is entitled to revise these General Terms and Conditions, the specific conditions and/or policies to which these General Terms and Conditions refer. The most up-to-date version of these General Terms and Conditions will always be available. By accessing or re-accessing the Website and the Brody Services after any changes have taken effect, You hereby agree to be bound by the amended and effective Terms and Conditions.

8. Applicable law

These general terms and conditions and any legal relationship with Brody shall be governed and interpreted per Belgian law, except the provisions of private international law. Only the Courts of the judicial district of Antwerp, Antwerp section, shall have jurisdiction to take cognizance of any dispute. In the first instance, the Parties will try to find an amicable solution to any dispute.

The User expressly agrees with this choice of law and forum and the jurisdiction of the said courts.

9. Miscellaneous

The present General Terms and Conditions do not imply any implicit waiver of rights. Unless expressly provided in these General Terms and Conditions, the waiver of rights by one of the parties or the circumstance that one of the parties does not bring an action because of an attributable failure to perform any provision of these General Terms and Conditions shall not constitute a waiver of rights in respect of a subsequent attributable failure or affect the legal force of that provision in any way.

The nullity or unenforceability of any provision of these General Terms and Conditions shall have no effect on the validity or enforceability of the General Terms and Conditions as a whole, nor on the other provisions thereof. The parties commit themselves to replace the void or unenforceable provisions with other provisions or implementing measures in which the initial intention is achieved as much as possible.

10. Contacting Us

Should you have any questions or concerns regarding using the Website or the Services, please contact us at info@brody-offices.com.