These terms and conditions apply to the use and access to Ternest’s website, located at www.ternest.be Do not continue to use www.ternest.be (“the Website”) if you do not agree with all of the terms and conditions stated herein. By using or accessing any page of the Website, you accept the following terms and conditions and enter into an Agreement with Ternest having its registered seat “CHRISTOPHE TERNEST sprl” at Avenue Moliere 276 bte 13, 1180 BRUXELLES (Uccle). This document must be read in conjunction with our Cookies Policy. We reserve the right to change any of the terms and conditions contained in the Website terms and conditions or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will put a notice on the Website and publish the last updated version of the terms and conditions. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site terms and conditions whenever you visit one of our websites.
The following terminology applies to these terms and conditions:
“Account” “means a user account on the TheMerode website (“Website” or “Site”) Agreement: the agreement concluded with us when you visit/use the Website and/or make use of the Services “Client”, “You” and “Your” refers to you, the person logged on this website and compliant to the Company’s terms and conditions. “TheMerode”, “The Company”, “We”, “Our” and “Us”, refers to our Company. “Content” means any images, text, content, software, or other files on the Website, including content uploaded from any third party as the case requires. “Intellectual Property Rights” means all industrial and intellectual property rights including, without limitation, patents, trademarks, copyrights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights resulting from copyright. “Service” means any Service provided by us under this Agreement. Headers in these terms and conditions are provided for convenience only and cannot be used for construing these terms and conditions.
Your use of the Website is conditional on you being an individual of at least 18 years of age and not being the subject of any legal incapacity; You are solely liable for your obligations under these terms and conditions. We may change or update the Services from time to time. You may be required to agree to additional terms in order to use such additional Services.
You will be asked to create an Account in order to benefit from the services offered by the Website. You will be required to choose a password and user ID to create your account (“Login Information”). You shall not disclose the Login Information or allow anyone else to access your account. If your Login Information is stolen or you suspect an unauthorized disclosure, you must immediately notify us at members@themerode.com and immediately change your Login Information. You are solely responsible for maintaining the confidentiality of your Login Information and you will also be solely responsible for all use of your account and Login Information, whether or not authorized by you. With your Account, you will have access to the Services offered by us on the Website (reservations at our restaurant, booking of meeting rooms, conferences or events etc.). When using the Services or creating an Account, you agree to: (a) provide accurate and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) update the Registration Data to keep it accurate and complete; (c) accept all responsibility for any and all activities that occur under your Account. When using the Services, you may be required to perform payments. Payments may be made by transfer from your bank account or online by credit/debit card. Payment shall be made in Euros. No payment shall be deemed to have been received until we have received cleared funds. We make our best efforts to ensure that prices for the Services on our website are accurate. If a booking has been accepted and we find that there was a pricing error, we will inform you ASAP and offer you the option of reconfirming at the correct price or cancelling your booking. If you cancel because of such error, we will refund or re-credit you for any sum paid by you except where the terms and conditions of the supplier say otherwise. If an event booked on our Website requires a minimum number of participants and that number has not been booked by the deadline date set out on the website, we may cancel the event and liability shall be limited to the return of the sum paid by you. We are not liable if a Service booked via the Website is cancelled by one of our supplier (e.g. a conference, ..). Some variations concerning the time, location, program or conditions of the event may be made by us. You cannot claim a refund due to these variations. If you wish to cancel a booking, you must notify us at least 48h in advance by sending an email to members@themerode.com. In such case, you will be refunded. If you cancel your booking less than 48h, you will not be refunded.
All elements of the Website are protected by copyright, trademark law, and other laws relating to the protection of Intellectual Property. Unless otherwise stated, Ternest and/or its licensors own the intellectual property rights for all material placed by Ternest on www.ternest.be, including, but not limited to, text, graphics, data, moving images, sound, illustrations, software, and the selection and arrangement thereof. All Intellectual Property rights are reserved. You may access www.ternest.be for your own personal use subject to restrictions set in these terms and conditions. You are specifically prohibited from: (a) downloading, reproducing, duplicating, copying, in whole or in part, any material on the Website; (b) re-transmitting, selling, licensing any or all material placed on the Website; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or its Content by using framing or similar navigational technology; and (e) using the Website and/or its Content other than for its intended purpose. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification to christophe@ternest.be
The following organizations may link to our Website without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; These organizations may link to our home page, to publications or to other Website information so long as the link (a) is not in any way deceptive, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve, at our own discretion, other link requests from the following types of organizations: commonly-known consumer and/or business information sources; com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law and consulting firms; and educational institutions and trade associations. If the linking to our Website is agreed, the link will refer to our home page and may not (a) be in any way deceptive; (b) falsely imply sponsorship, endorsement or approval of the linking party and its products or services; (c) and must fit within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to christophe@ternest.be. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. No use of Ternest’s logo or other artwork will be allowed for linking absent a license agreement. If you are linking to our Website, we shall not be held liable for any content that appears on your website. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your linking to our Website. We reserve the right to request that you remove all links or any particular link to our Website. You shall immediately remove all links to our Website upon request. If you find any link on our Website that is offensive for any reason, you may inform us by sending an email to christophe@ternest.be. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We use reasonable efforts to ensure the accuracy, correctness and reliability of the Website’s Content but we do not warrant that the information on the Website is correct, nor that it is complete, up-to-date or accurate. The Website and its Content are provided “as is”. The Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free. You assume the entire cost of all necessary servicing, repair or correction due to your use of this Website. We make no warranty that the Website or its Content is free from infection by viruses or anything else that has contaminating or destructive properties. The Company offers a search feature within the Website. The Company explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. The Company also disclaims any responsibility for the completeness or accuracy of any directory or search result.
You are liable for your own use of the Website. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way related to your use of the Website, your breach or alleged breach of the Website terms and conditions (including all policies placed on the Website) or your violation of any rights of a third party.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to our Website and the use thereof. However, nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury; (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; and/or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations of liability in these terms and Conditions are subject to this paragraph. The Company shall not be liable for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the Website, the Services, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by you on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, communications failure, theft, destruction or unauthorized access to the Company’s Website and databases.
Notwithstanding any of these Website terms and conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your Account and/or to block your use of the Website.
These terms and conditions and our Agreement with you shall be governed and construed in all respects in accordance with the substantive laws of Belgium. Any dispute relating in any way to your use of the Website or the Content and/or to the Agreement shall be submitted to the exclusive jurisdiction of the Courts of Brussels.
If any provision of these terms and conditions is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.