Terms & conditions
Last updated on the 20th of February 2022.
Using Nuvoni means accepting these terms
These Terms of conditions (the “Terms”), in conjunction with our Privacy Statement and the Data Processing Addendum incorporated herein by this reference (the “DPA”), are the entire Agreement between Nuvoni BV (BE0780.735.578), Square de Meeûs 35 De Meeûssquare, Bruxelles 1000 Brussel, Belgique - België and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“Nuvoni” or “We”) and you (“You” or the “User”). These Terms govern Your use of the Nuvoni web site (the “Site”), the Nuvoni mobile app and/or the Nuvoni services (collectively, the “Service”).
By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.
Accounts, Passwords and Security
You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User's accounts and/or data — You wouldn't want anyone doing that to You, right?
Intellectual Property
Nuvoni claims no intellectual property rights over the data You provide to the Service.
You acknowledge and agree that Nuvoni owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
If, despite the foregoing, a third party claims that the software is infringing, made on its intellectual property rights or otherwise, the User is obliged to immediately report any such claim to Nuvoni in order to enable Nuvoni to oppose such a claim at its own expense. The User declares to cooperate with such opposition. In such a case, Nuvoni is also entitled to use the software or part thereof replaced in order to rectify the claimed infringement.
Termination
If the Service is terminated or dissolved, the User is compelled to a transition period of two months following your notice of termination.
Force Majeure
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Choice of Law
You agree that all disputes or proceedings related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of Belgium,, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a User, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Nuvoni and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Brussels, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Belgium, or in the EU country in which you reside.
Disclaimer of warranties
The Service is provided “as is” and You use it at your own risk. Nuvoni expressly disclaims all warranties, express or implied, including without limitation the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and the warranty of non-infringement.
We try to keep the service bug-free and safe, but Nuvoni does not warrant or ensure continuous, error-free, secure or virus- free operation of the Service or your account. You understand and agree that You shall not be entitled to make any claim based on Nuvoni's failure, irrespective of fault, to provide any of the foregoing. Like we said, you use the Service at your own risk.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail- safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. If someone's life or the fate of the free world depends on your use of the Service, Please do not use the Service.
Some jurisdictions do not allow the disclaimer of particular warranties, and, to that extent, the foregoing disclaimers may not apply to You. To the extent that You live in a jurisdiction that refuses to enforce the foregoing disclaimers, Nuvoni disclaims all warranties, express and implied, to the extent permitted by law.
Limitation of liability
In no event will Nuvoni be liable to the User or third parties for any damages, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits or loss, corruption and/or alteration of data) arising out of or in any way related to your data and/or your use of the Service and/or your account, whether in an action in contract, tort, equity or otherwise.
User voluntarily engages in the activity of internet use and bears the risks associated with that activity. You will be solely responsible for any damage done to your computer or your data that results from such activity. In no event will Nuvoni have any liability to You or any third party for unauthorized access to or use, alteration, corruption, theft or destruction of your data and/or your account.
Nuvoni’s liability is expressly limited for any reason and upon any cause of action to the amount You actually paid to Nuvoni for the service during the three months immediately preceding the date on which You claim the cause of action accrued.
Some jurisdictions' laws prohibit the foregoing limitation of liability provision. To the extent that You live in a jurisdiction that refuses to enforce the foregoing provision, Nuvoni’s liability is limited to the greatest extent allowed by the law of that jurisdiction.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.
Users with questions about these Terms or the Privacy Statement may contact Nuvoni at info@nuvoni.eu or Square de Meeûs 35 De Meeûssquare, Bruxelles 1000 Brussel, Belgique - België.
