General Terms and Conditions
The SaaS platform that is available on app.comanage.me (hereinafter referred to as the "Platform")
is an initiative of:
CRE8 BV (Hereinafter referred to as "COMANAGE" and "We")
Diestersteenweg 462
3680 Maaseik
Belgium
VAT number: 0631.922.138
You can always contact us via email (support@comanage.be), via Twitter (https://twitter.com/comanage), via Facebook (https://www.facebook.com/comanage) or via the web chat on our website.
COMANAGE intends the Platform to continue evolving for your convenience. This is the reason why COMANAGE will always take into account the feedback from the users. We are open to tips, comments, and questions about our services and we promise to respond appropriately to every message we receive.
Want to give us feedback? Send an email to support@comanage.be. Please always include all useful information and contact details so that we can reply to the point.
1. Introduction
The Platform is a user-friendly, comprehensive and reliable online management system that allows the user to quickly and easily follow up with customers, projects, invoices, and offers.
The use of our Platform always involves certain rights and obligations as provided in these Terms of Use. The User is also expected to become acknowledged of our privacy statement and of all other rights and obligations that are explicitly expressed on the Platform.
These Terms of Use apply both to us, COMANAGE, and to the User. A "User" (hereinafter also referred to as "You"), within the meaning of these Terms of Use, is anyone who visits our Platform and uses it to retrieve information, whether or not it proceeds with registration.
Every User who consults and/or uses the Platform declares to have become aware of the Terms of Use and accepts its full implementation. COMANAGE, therefore, encourages each User to thoroughly review these Terms of Use prior to use including every reported change.
Anyone who uses our Platform on behalf of a company or another legal entity shall also be bound by this agreement as a User individually. This applies regardless of the existence of a separate agreement between COMANAGE and the company or legal entity in question.
As an exception, there may be deviations from these Terms of Use, insofar as these deviations are accepted by all parties and have been expressed in writing. These deviations shall only apply to replace or supplement the clauses to which they refer. They shall not affect the implementation of the other provisions of these Terms of Use.
Registration
The User intending to gain access to certain features and specific information on our Platform must register. In order to register, the User must have reached at least the age of 18 years. COMANAGE is completely free to determine the registration conditions at its own discretion and to modify them at all times.
The User must complete his/her personal profile during registration (hereinafter referred to as: "User profile") based on correct, truthful, actual and complete data. Creation of a User Profile requires certain data to fill in. It is the sole responsibility of the User to correct or delete outdated data.
Each User profile and the associated login details are strictly individual, personal and confidential. The User may not transfer his User profile to third parties without the express permission of COMANAGE. The User shall be solely responsible for all actions taken on the User Profile and must also safeguard the confidentiality of the User Profile, including the login details.
The User must report any breach of his User Profile's confidentiality to COMANAGE. In such a case, COMANAGE shall take all the necessary steps to restore confidentiality.
3. The right of use
3.1 Overview
Each User shall receive a limited, revocable and non-exclusive right of access, use, and view of the Platform and the associated features (hereinafter referred to as shortened: Right of Use). The extent of this Right of Use may vary depending on a possible registration and on the package (Starter, Business, Pro) that the User has chosen.
Under no circumstances shall the User have the right to sell, republish, redistribute, hand over, license or otherwise transfer the Platform to a third party unless COMANAGE has granted a written permission.
The User may terminate his Right of Use at any time and without limitation by discontinuing its use. Such termination shall not imply an automatic removal of the User Profile. If the User wishes to delete his User Profile, he must submit a dated, written request to COMANAGE, by regular mail or by e-mail. COMANAGE shall fulfill with the request of the User within 15 working days.
3.2 Restrictions on the Right of Use
The Right of Use is limited to the extent that the User must refrain from actions that affect or may affect the proper functioning and safety of the Platform and its other Users and/or the operation thereof. The Platform may not be used in violation of these Terms of Use, the applicable legislation, the rights of third parties and generally accepted Internet rules of conduct.
The following activities are strictly prohibited:
Use software intended to collect and acquire data, including spiders, crawlers, robots and similar software. This is in no way an exhaustive list.
Use the Platform and its data for spamming, chain letters, junk mail and/or the like.
Stalk other Users and/or attempt to convince other Users of political and/or religious beliefs.
Provide access to the User Profiles of other Users in an unauthorized manner.
Use someone else's identity and/or details when registering.
The above list is by no means exhaustive.
3.3 Measures
COMANAGE reserves the right to take all reasonable and appropriate measures if the User acts in violation of these Terms of Use and/or the applicable rules of law, the rights of third parties or the generally accepted Internet rules. COMANAGE retains a wide range of choice regarding the adoption of sanctioning and remedial measures as well as the scope of those measures. However, such measures shall always be proportionate to the violation.
COMANAGE offers also the feature of a temporary and/or permanent suspension of the Right of Use as well as the removal of a User Profile. In addition, COMANAGE may limit the User's general access to and access to the Platform's certain features in whole or in part both temporarily and permanently.
Where circumstances require, these measures can be taken without any prior warning or notification. The User may not, under any circumstance, claim a refund or compensation for the measures taken.
If the User decides that the measure taken is inappropriate or unfounded, he shall report this to COMANAGE within fifteen (15) calendar days after the measure has been imposed. COMANAGE will consider the arguments, however, without being obliged to cancel the initial measures.
4. Our obligations
4.1 Our values, proper functioning, safety and accessibility
You can trust us since we offer a user-friendly Platform that is safe for every user. We take all reasonable measures necessary to ensure the proper functioning, safety, and accessibility of our Platform. This includes technical, non-technical and organisational measures. Nonetheless, we cannot give you absolute guarantees. The commitment to which we are bound in this regard only implies the best effort commitment.
Every use of the Platform is always at your own risk. This means that we assume no liability for damage resulting from malfunctions, interruptions, harmful elements or defects on our Platform, whether this is the result of force majeure or an event beyond our control. COMANAGE provides its Platform "AS IS" and "AS AVAILABLE", i.e. without any explicit or implicit guarantee regarding the proper functioning, accessibility, and safety.
We have the right to limit access to our Platform at all times and/or interrupt it in whole or in part, even without prior warning. In principle, we may do this only if the circumstances require us so, but this is not an absolute prerequisite. For more information about possible measures, see article 3.3 of these Terms of Use.
4.2 The Content of the Platform
COMANAGE shall take all necessary and reasonable measures to ensure that the information that is displayed on the Platform is complete, correct, up-to-date and accurate. However, COMANAGE cannot give absolute guarantees regarding the quality and completeness of the information on the Platform. This implies that COMANAGE cannot be held liable for (direct and indirect) damage that the User suffers as a result of information on the Platform.
In the event that certain content on our Platform violates our Terms of Use, the applicable legislation and/or infringes the rights of third parties and/or simply is not acceptable, we ask you to notify us thereof as soon as possible. We will proceed with the (full or partial) modification, addition or removal of the reported content at the earliest convenience.
4.3 Support
The User who has a general question regarding the operation of the Platform, including technical and commercial questions, can contact us through our help page.
COMANAGE expects the User to report every malfunctioning to the support desk without undue doubt or delay. For this purpose, the User can contact us via e-mail (support@comanage.be), via the webchat on our website or via the feedback button on the Platform.
The User must always provide a clear description of the malfunction, the situation preceding the malfunction and any other helpful information. A print screen or other graphic image is preferred.
COMANAGE shall make all reasonable efforts to provide the User with a timely response and to provide a solution for the reported malfunction. Nonetheless, the User agrees that COMANAGE cannot offer absolute guarantees in terms of response and recovery times and that COMANAGE, when repairing a malfunction, will not necessarily restore the User to the same state as "before the malfunction".
The User agrees that COMANAGE, when the circumstances so require and provided that the User has given his explicit consent, can gain access to the User Profile of the User in order to identify and remedy the reported malfunction(s).
5. Paid subscription
There are three different price packs available:
Starter
Business
Pro
The Starter pack is free. The Business and Pro packs can be purchased on the basis of paid subscriptions. The prices of these subscriptions are always clearly displayed on our website.
All prices relating to the service offered on the Platform are always expressed in euro currency and do not include sales and other taxes. COMANAGE may change these prices at any time, but we commit ourselves to use the rates indicated on our website at the time of your order. If the price is changed as the result of sales tax rates changes, it will be charged to the User.
COMANAGE reserves the right to correct apparent or obvious errors in the quotation, such as obvious inaccuracies, even after the service agreement has been concluded. The User must communicate complaints regarding the price/pricing clearly and in writing within seven (7) calendar days. The filing of a complaint shall not result in a suspension of payment.
We only accept the payment methods mentioned on our website. COMANAGE can increase the number payment options in the future. Increase of the payment options number will be announced on the website.
The User has the option of a monthly and an annual payment via direct debit. The subsequent processing of your payment and an encrypted handling of your bank details is ensured by the Stripe's secure payment processor. The necessary security measures are ensured with SSL protocol.
COMANAGE shall take all reasonable measures to ensure the security of your online transactions. We shall ensure this security by employing specialized parties such as authorized credit card issuers and payment partners.
The User is free to discontinue his paid subscription at any time, for instance, by switching back to a Starter subscription. However, the User who discontinues his paid subscription shall remain obliged to pay the monthly fee for the month when the subscription is discontinued. The User who discontinues his annual subscription shall retain the outstanding balance proportionate to the number of non-included months. The User can at any later time again claim this outstanding balance when he re-enabling his paid subscription. Under no circumstances shall the User be entitled to any refund at the COMANAGE's account upon discontinuation of his paid subscription.
Liability
COMANAGE shall only be liable for any serious or repeated minor contractual and/or non-contractual failures attributable to COMANAGE in the performance of its obligations under these Terms of Use. This liability shall be limited to the direct damage resulting from the failures.
COMANAGE shall in no way be liable for any kind of indirect damage as a result of its failures. Indirect damage shall, in any case, include any form of consequential loss, lost profits, financial or trade losses, increase of the general costs, increased personnel costs, damage due to loss of clients and/or opportunities, emotional harm, and lost reputation. This list is indicative and is not exhaustive.
COMANAGE shall not be liable for any loss and/or damage on the part of the User or a third party if COMANAGE acts in accordance with its Terms of Use and Privacy Statement. COMANAGE also expressly excludes any liability resulting from the actions of its Users and other parties on and/or outside of the Platform.
COMANAGE shall not exclude its liability in case of fraud or intent provide that it is attributable to COMANAGE.
If COMANAGE is wholly or partially prevented from fulfilling its obligations towards the other party due to a circumstance beyond its control, such a circumstance shall be regarded as force majeure. In that case, COMANAGE is not required to fulfill its obligations towards the other party. COMANAGE may suspend fulfillment of its obligations for the duration of the force majeure.
If the User jeopardizes the liability of COMANAGE and/or causes damage, loss, and expenses (including legal assistance costs) affecting COMANAGE, the User must take all necessary measures to protect COMANAGE from these detrimental consequences.
Links to other websites
The content of our Platform can contain a link, hyperlink or framed link to external websites or other kinds of electronic portals. A link does not necessarily imply that there is a link between us and the external website, nor that we (implicitly) agree with the content of these websites.
We do not control these external websites and are not responsible for the safe and correct operation of the link and its final destination. The User who clicks on a link leaves our Platform. COMANAGE cannot be held liable for any damage resulting from the visit or use of an external website. These external websites do not offer the same guarantees as we do. We advise the User to carefully review the Terms of Use and Privacy Statement of these external websites.
In principle, the User is free to place a link, hyperlink or framed link on our Platform, but we reserve the right to request its removal at any time without having to provide a sufficient reason.
Privacy
We attach great importance to your privacy. That is why we wish to inform our User in the most thorough manner about our personal data policy. In any case, the User can be sure that COMANAGE always attaches the utmost care to the processing of personal data. COMANAGE assures that the collection and processing of personal data shall always comply with the applicable privacy legislation, namely, on the one hand, with the Law of December 12, 1992, On the Protection of Privacy with Regard to the Processing of Personal Data (the Privacy Act) and, on the other hand, with the Regulation of April 27, 2016, On the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (GDPR).
Anyone who uses our Platform will, in most cases, disclose certain personal information. The extent of collection and processing of personal data depends on a registration and on the extent to which the Platform is used. By registering, the User agrees that we can open, store and disclose the information he/she provided in accordance with the objectives of our Platform. The User can be confident of his/her personal data not being sold, handed over or communicated to third parties.
For more information regarding the guarantees for the protection of your personal information, we would like to refer you to our Privacy Statement.
Intellectual property
Creativity deserves protection, which is true for our Platform and its content, as well. The protection is provided by intellectual property rights and is attributable to all right holders, being COMANAGE and third parties. The content implies the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. All this content is protected by copyright, software law, database law, drawings and design rights and other applicable (intellectual) property rights. The technical aspect of our Platform itself is protected by copyright, software law and database law. COMANAGE (TM), its taglines, logo (s), color combination and every trade name that we use on our Platform are also protected by the applicable intellectual property right. We, therefore, require our Users not to make use of and/or to make changes to the intellectual property rights as described in this article, without the consent of the owner.
The User commit himself in no way to infringe the intellectual property rights of COMANAGE or any other party. If the User commits aviolation in terms of intellectual property rights of third parties, such a violation may not under any circumstances be attributed to COMANAGE. Any actual or legal consequences shall, therefore, be fully at the expense of the User.
Other provisions
COMANAGE reserves the freedom to change, expand, limit or discontinue the Platform at any time. The use of this right does not require prior notification to the User and does not give rise to compensation.
If the effect or validity of one or more of the above provisions of this Terms of Use become jeopardized, this would not affect the effect of the other provisions of this agreement. In such a case, we reserve the right to replace the provision in question with a valid provision of similar scope.
The titles that we employ in our Terms of Use are always used for merely illustrative purposes. So you may not derive any legal value from it.
These Terms of Use shall be solely controlled and interpreted in accordance with Belgian legislation.
In the event of any dispute regarding the implementation of this agreement, the parties are intended to do everything in their power to find an amicable solution. In the absence of an amicable solution, the dispute can be submitted to a center for arbitration and mediation (such as CEPINA) or a competent court. Disputes are subject to the exclusive jurisdiction of the courts of the Limburg district.
