Gopress General Terms and Conditions
| Warning: the consumer can not exercise his right to withdraw his order in accordance with Article 47 § 4 1° and 2° of the Law of 6 April 2010 regarding market practices and consumer protection. |
Article 1. Area of application
These General Terms and Conditions apply to the Gopress website, www.Gopress.be, and the content and services offered on the said website (hereinafter referred to as “the Service”).
The user explicitly accepts the applicability of these General Terms and Conditions upon registration on the website prior to using the Service.
Article 2. Description of the Service
Gopress is a digital news-stand where the user can consult digital publications (newspapers, magazines, etc.).
Gopress is an online web application, available on desktops, tablets and mobile applications, offering the user the opportunity to consume wherever and whenever he/she wants.
Gopress uses the HTML5 standard. The user should therefore use browsers that support HTML5.
Article 3. Registration on the website and creation of an account
3.1. To be able to use the Service, the user must first register by entering personal data (e-mail address and password) and agreeing to the General Terms and Conditions.
3.2. The user expressly undertakes to provide true, accurate, up-to-date and complete information about him/her, as requested on the registration form and, in the event of any changes, to update this information under My Profile immediately and without being prompted.
3.3. The user must confirm registration by clicking on a link in a confirmation e-mail sent to the e-mail address specified. In the event that the user does not receive the confirmation e-mail because he/she entered an incorrect e-mail address or in the event that confirmation has not occurred within five days, Gopress shall cancel the registration.
3.4. Gopress shall be entitled to refuse registration of a user or to cancel registration retrospectively if it emerges that: (i) the user has registered in breach of the above; (ii) the user has previously been refused access to the website; or (iii) Gopress has reasonable grounds for assuming that the user was not acting in good faith at the time of registration.
3.5. Once the registration process has been completed, the user shall be allocated an account which he/she can use to consult the content he/she desires and to make use of the services offered by Gopress.
3.6. All transactions performed under the user's account name and password shall be the user's responsibility and at the user's risk. If the user suspects that an unauthorised party has gained access to his/her password, the user shall be required to change his/her password as quickly as possible.
Article 4. Use of the Service
4.1. After the user has registered and logged in, subject to correct payment of the sum owed, Gopress shall grant the user the right to consult various digital publications for personal use in the Kiosk, to store such publications in the user's My Gopress personal library, to recommend such publications via the preview function and to share such publications via social media tools.
4.2. The user shall not be permitted to perform the following:
- to reproduce the digital publications, in full or in part;
- to download and store the digital publications, in full or in part, outside the My Gopress personal library;
- to modify, translate or create derivative works from the digital publications, in full or in part;
- to disseminate the digital publications, in full or in part, outside the social media tools permitted;
- to use the digital publications, in full or in part, in any way for the provision of commercial services to third parties;
- to license or otherwise assign the digital publications, in full or in part;
- to modify or remove, in full or in part, the ownership and copyright notices in the digital publications;
- to (attempt to) remove, disable or circumvent the security features of the digital publications.
4.3. The user shall not be permitted to use the Service for any act or conduct in breach of applicable legal provisions, Netiquette or these General Terms and Conditions, or to perform any action that could compromise the functioning of the Service in any way at any time. This shall include, but not be limited to, the following acts or conduct:
- attempting to break into the network, platform or other services provided by Gopress;
- uploading viruses;
- hacking or attempted hacking;
- accessing other computers or computer systems without authorisation;
- copying the software;
- using any (automated) system, including but not limited to robots, spiders,
crawlers, etc. with the aim of creating access to the platform in such a way that more searches are sent to the platform than could be carried out by one person using normal (manual) means and a normal web browser.
4.4. These General Terms and Conditions do not carry any right to ownership of the publications or services offered and shall be without prejudice to the applicable legal regulations relating to copyright and database protection.
4.5. If the use of certain content by the user constitutes breach of copyright, Gopress shall be entitled to provide the user's relevant personal data to the copyright holders or their representatives to enable the initiation of legal measures against the user.
Article 5. Content of the Service
Gopress is a distribution platform for digital publications. All articles, photographs, opinions, declarations, advertisements or any other information which makes up the digital publications shall belong to the publishers or authors. Gopress shall therefore exert no editorial control over the digital publications on offer. Similarly, Gopress cannot guarantee the accuracy or exhaustiveness of these digital publications and cannot be held liable for trust placed by the user in information obtained by the latter via the digital publications. Gopress cannot be held liable in any way for information offered via hyperlinks as part of the Service provided to the user.
Article 6. Availability of the Service
6.1. The Service shall be accessible to the user 24 hours a day, 7 days a week.
6.2. Gopress undertakes to do everything in its power to ensure optimum access to the website, both in terms of availability and usability, but cannot guarantee that the Service will be available at a specific time or that no faults or interruptions will arise. Gopress shall remedy (have remedied) any faults as quickly as possible.
6.3. Gopress cannot be held liable with respect to the availability, up-to-dateness, security or reliability of the Service. The above cannot constitute grounds for refunds or price adjustments.
6.4. Gopress shall be entitled to place the Service temporarily out of use for maintenance, adjustment of the software used or improving functionality. Gopress shall inform the user in good time, if possible, with regard to planned downtime. Gopress shall not be held liable, however, for compensation in connection with such downtime.
6.5. If Gopress is unable to supply the Service due to force majeure and cannot reasonably be expected to fulfil its obligations, the performance of the Service may be suspended or terminated without any obligation to pay compensation. Force majeure shall be taken to apply to loss or damage caused by the following: strike (Belgacom, etc.); interruption of energy supply; network interruption; interruption to the Internet that is attributable to public or private operators upon whom Gopress is reliant; loss of the licences for the content or applications made available, provided Gopress is not responsible for the said loss; civil disturbances; fire; flood; and war.
6.7. Gopress reserves the right to suspend or cancel the Service at any time, with or without notifying the user and without assuming any liability towards the user.
Article 7. Payment and payment conditions
7.1. The prices of the digital publications offered are given in Euros, including VAT. Every purchase, irrespective of origin, shall be payable in Euros. Gopress reserves the right to modify the prices at any time. The products shall be invoiced on the basis of the prices valid at the time of purchase. In the event of a change in the VAT rate or introduction of a new tax, the new rate or the new tax shall apply and the total price shall be adjusted accordingly.
7.2. The purchase of digital publications shall only be possible via the e-payment system offered by a third partner, Cleeng, or a promo code. The user explicitly accepts the applicability of Cleeng's General Terms and Conditions http://cleeng.com/us/cleeng-user-agreement/ through acceptance of these General Terms and Conditions.
7.3. The provision of the payment option via the e-payment system offered by Cleeng does not constitute any form of guarantee on the part of Gopress that this system is flawless and free of faults, interruptions or errors. Gopress cannot be held liable for any damage, direct or indirect, suffered as a result of the payment orders over the Internet. The user shall bear sole liability for the actual payment of the product purchased.
7.4. In the case of transactions for which the user makes a payment, the user cannot exercise his/her right to withdrawal in the instances as provided for under Article 47(4) (1) and (2) of the Belgian Act of 6th April 2010 on market practices and consumer protection.
Article 8. Liability
8.1. The consultation and use of the Service shall be at the user's risk. Gopress cannot provide any guarantee with regard to the correctness, completeness and accuracy of third party content on its platform.
The undertaking to provide the Service shall be limited to an obligation of means. Gopress cannot be held liable for any loss or damage of any kind, direct or indirect, incurred by the user when visiting Gopress. Nor can Gopress be held liable for telecommunication costs higher than expected or usual, irrespective of the medium used by the user.
Article 9. Intellectual property rights
The content offered on the Gopress website and the Services provided as well as any software required for the use thereof are protected by intellectual property rights, belonging exclusively to Gopress or third parties. Full or partial reproduction, distribution, sale, publication, modification, translation, processing or use for commercial purposes in any way is expressly prohibited. Exceptions to this rule may only be granted subject to prior written permission from Gopress.
Article 10. Privacy and use of the user's personal data
10.1. The personal data which enables the user to identify him/her and gain access to the Service shall remain personal and confidential.
10.2. The user undertakes to keep the said personal data confidential and not distribute it in any form.
10.3. The personal data provided by the user shall be processed by Gopress, Barastraat 175, 1070 Brussels. This processing is registered under number VT005034936 with the Belgian Commission for the Protection of Privacy. The File Manager is Francis Féraux.
10.4. The personal data provided by the user shall be used for internal administrative and (direct) marketing purposes, for example to send the user relevant e-mails, newsletters or mail regarding offers, software updates, events, etc., to customise information with regard to the products or services available to the user, for research purposes or data analysis. This data may also enable Gopress to send the user attractive offers on a regular basis. It may be passed on to the publisher of any publications consulted by the user so that the publisher can send attractive offers for products or services to the user.
10.5. Gopress may use the personal data for new purposes, not yet specified in the General Terms and Conditions. In this case the user shall be contacted before the data is used for such new purposes, to notify the user of the modifications to the rules for the protection of privacy and to offer the user the opportunity to refuse to participate.
10.6. Gopress may also collect non-personal data (e.g. occupation, language, postcode) about users to allow Gopress to better understand user behaviour and thereby improve the Service.
10.7. Gopress may also collect information via inlog files. Gopress may use this information for internal purposes, such as traffic and profile analysis, and to better tailor Gopress' range of services to its users' interests.
10.8. Gopress may store information on the user's computer in the form of a cookie or similar file.
A cookie is a small file sent by an Internet server which is installed on the computer's hard drive. This file keeps track of the website visited and contains data about this visit that allows Gopress to verify user compliance with the General Terms and Conditions and to further attune the services offered to user requirements. By accepting the General Terms and Conditions the user is also accepting the use of cookies by Gopress. Gopress has introduced the security measures necessary in preventing the loss, misuse or alteration of information received by Gopress on the Gopress website.
10.9. Gopress uses the Robinson List. The Robinson files contain the address details of people who do not want to receive any more unsolicited business mail shots from companies which are members of the BDMA (Belgian Direct Marketing Association).
10.10. The personal data is protected under the Act of 8th December 1992 on the protection of privacy in relation to the processing of personal data. This law stipulates that the user (i) is entitled to inspect his/her data recorded in a processing
; (ii) is entitled to have corrected any incorrect data relating to him/her; and (iii) is entitled to refuse any processing and the distribution of his/her data to third parties.
The user can contact Gopress at the following address:
Gopress
Attn. Privacy Service
Barastraat 175
1070 Brussels
If the user does not wish to receive e-mails in the future, he/she can send an e-mail to privacy@Gopress.be
Article 11. Other provisions
11.1 Gopress shall be entitled to modify these General Terms and Conditions at any time. Gopress shall then make available a new version of the General Terms and Conditions at www.Gopress.be. Gopress shall accept the use of the platform by the user as constituting acceptance of the updated General Terms and Conditions if the Customer continues to make use of the Service after the date of modification of the General Terms and Conditions. Although Gopress will try to keep the user informed when significant modifications are made, Gopress advises the user to inspect the latest version of the General Terms and Conditions on the website on a regular basis.
11.2. Gopress shall be entitled to assign these General Terms and Conditions and all the rights and obligations arising from them to a third party who takes over the platform from Gopress.
11.3. If one of the provisions of these General Terms and Conditions does not apply, this shall not affect the validity of the other provisions.
11.4. The contractual relationship between Gopress and the user shall be solely governed by and construed in accordance with these General Terms and Conditions.
11.5. The user shall only be entitled to renounce the rights and obligations under this agreement with written consent from Gopress.
11.6. Any disputes relating to visits to the platform and use of the services shall fall under the exclusive jurisdiction of the conciliation courts in Brussels.
11.7. These General Terms and Conditions shall be exclusively governed by and construed in accordance with Belgian law.
