1. GENERAL TERMS

These Terms of Use apply to any person accessing the Website (hereafter a "User") and may be changed in full or in part by TOM BVBA at all times and without notice. Regular consultation of these Terms of Use is therefore recommended, in order to remain up to date with the latest version. 

By using this Website, the User fully and unconditionally accepts the present Terms of Use and undertakes to comply with them. If the User does not agree with these Terms of Use, he shall refrain from making any use whatsoever of the Website.

In case of a breach of these Terms of Use or of any other contractual obligation between the User and TOM BVBA, TOM BVBA reserves the right to refuse access to the Website (including, without limitation the Restricted Area, as defined below) without prejudice to the right of TOM BVBA or any third party to claim compensation for all direct and indirect damage sustained as a result of the breach.

2. CONDITIONS OF ACCESS TO THE EXTRANET AREA

Access to the extranet area of the website is restricted to TOM BVBA members and therefore cannot be accessed by any other users of the website. Access shall be conditional to obtaining a username and password from TOM BVBA.

3. CONTENT

The information and material contained in this Website is for information only. It is offered in the utmost good faith. The information it contains is believed to be correct. Nevertheless TOM BVBA makes no representation or warranties as to the adequacy, reliability, currency, completeness or accuracy of any information presented on this Website (or any linked site), neither does it assume any liability for any inaccuracy or incompleteness found in the content.

Barring deliberate acts and/or mandatory legal provisions, TOM BVBA will in no event be held responsible for any use made of the content of this Website. Neither will it be held liable for any loss or damage of any nature whatsoever (direct, indirect, material or immaterial, etc.) resulting from the use of or reliance on the information presented on this Website.

TOM BVBA reserves the right to amend and update this website at any time without prior notice. The user acknowledges that TOM BVBA reserves its right to modify the website and its content at any time and without prior notice.

4. SECURITY

TOM BVBA applies a range of security controls to protect the Website from unauthorized access. However, TOM BVBA does not guarantee that the Website will be secure or free from bugs or viruses.

TOM BVBA accepts no liability for any interference with or damage to a User's computer system, software or data occurring in connection with or relating to this Website or its use. Users are encouraged to take appropriate and adequate precautions (such as having their own virus protection software) to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage the User's computer system, software or data. 

Users are responsible for configuring their information technology, computer programmes and platform in order to access the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, a User would commit a criminal offence under the Belgian Act of 28 November 2000 regarding information technology criminality. TOM BVBA will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities.

5. PRIVACY

To use most of this Website, you do not need to provide TOM BVBA with any personal data. However, we do collect personal data with your consent when you send a query to through our content form.

Your personal data will only be used by TOM BVBA to administer the service that you have requested. When you provide personal information to TOM BVBA for any of the above reasons, we will take all necessary steps and use the best security measures to protect your personal data against loss, misuse and alteration. TOM BVBA will not give away or sell your personal data to third parties. 

In accordance with European and Belgian data protection law, users may at any time exercise his/her individual right to access and correct his/her personal data that TOM BVBA may process upon access of this website by the user. The user may send queries, complaints, or request to exercise his/her rights above to our contact details. 

6. COOKIES

A number of our pages use cookies for instance when user logs in, authentication of registered user, agreeing to our use of cookies on this site. 

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than for the purpose of ensuring a smoother functioning of the TOM BVBA corporate website and Members Area.

7. COPYRIGHT

This Website's general pages and their content, where applicable, are subject to the copyright of TOM BVBA. Reproduction of material found on the general pages is authorised except for commercial purpose, provided that the source is mentioned and acknowledged. 
The Extranet and its content are subject to the copyright and ownership of TOM BVBA. Use and reproduction of the information set out on the Extranet is strictly limited. 

TOM BVBA claims no copyright on any official document or documents in the public domain and presented on this website or on the Extranet. Copyright, if any, of third party material found on this website should be respected; no rights are being granted.

8. LINKS

Links to other websites are provided solely as a convenience. Therefore those links imply neither responsibility for, nor approval of, the information contained on these websites by TOM BVBA. TOM BVBA does not accept responsibility or liability of any nature whatsoever for these other websites and any information they may contain. It is prohibited to insert hyperlinks on the Website that lead to another site, without the prior written approval of TOM BVBA.

9. NULLITY OF A PROVISION

The nullity, invalidity or unenforceability of one or several provisions of these Terms of Use shall not result in the nullity, invalidity or unenforceability of the Terms of Use as a whole. The provision which is entirely or partially null, invalid or unenforceable shall be deemed unwritten, while all other provisions shall remain fully applicable. The provision declared invalid shall then be replaced by another provision with the same effect.

10. WAIVER OF RIGHTS

Any failure or delay in exercising a right resulting from these Terms of Use shall not be construed as a waiver thereof. Any failure to exercise a right or only partially exercising a right does not preclude that right or any other right resulting from the Terms of Use from being exercised later.

11. APPLICABLE LAW AND JURISDICTION

This Website and these Terms of Use are governed by Belgian law. Any dispute arising in connection therewith shall be subject to the sole jurisdiction of the Courts of Brussels, Belgium.