PRESENTATION
In accordance with Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSICE), in transposition of Directive 2000/31/EC of the European Parliament and Council of 8 June, on certain aspects of information society services, and Directive 98/27/EC of the European Parliament and Council of 19 May, on injunctions, we inform you that www.totalfreightsolutions.be provides access to the website of the company Total Freight Solutions, its services, solutions and content, consisting of an Internet platform specializing in the freight transport sector. Access to www.totalfreightsolutions.be by any Internet user implies acceptance and compliance with these general conditions of service and any other particular conditions of service where appropriate. The present site has been designed to make known and allow the general access of all the Users to the information, activities, products, services and/or solutions offered by Total Freight Solutions. The access to certain Contents offered through this Web site can be subject to certain particular conditions that, depending on the case, substitute, complete and/or modify these general conditions. Therefore, prior to the access and/or use of such Contents, the User must also read carefully the corresponding particular conditions.
CONDITIONS OF USE OF THE WEBSITE
1. GENERAL ACCESS www.totalfreightsolutions.be is a freely accessible website for Internet users. The use of this Web by any person attributes the condition of User of the site, and the adhesion to the present conditions in the version published at the moment of accessing it. Therefore, Total Freight Solutions recommends the User to read the conditions of use carefully every time he/she accesses the Web. Total Freight Solutions is not responsible for the damages caused by the improper use of the service.
2. PRIVATE ACCESS - CUSTOMER AREA To access any of the services and/or solutions of Total Freight Solutions, it is necessary to have been registered by the company and to have a user and a password, which are personal and non-transferable and you commit yourself to watch over their confidentiality. Total Freight Solutions is not responsible for the undue accesses to the private part of the Web by means of the use of the passwords on behalf of the user. The user is responsible for the misuse and unauthorized access that could be made by third parties through the user and the password to access the private part of the Web. Total Freight Solutions is not responsible for the damages caused by the improper use of the service. You commit yourself to communicate immediately to Total Freight Solutions, any loss, subtraction or similar that could jeopardize the confidentiality of the user and the password.
2.1 CONDITIONS OF ACCESS AND USE OF THE WEBSITE
2.1.1. Free access to the website. Access to the general website is free of charge for Users.
2.1.2. Obligation to make correct use of the Service. The User undertakes to use the Service in accordance with the law, these General Conditions, as well as with generally accepted morals and good customs and public order. The User undertakes to abstain from using the Service for illicit purposes or effects, contrary to that established in the General Conditions, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate the Service or impede the normal use or enjoyment of the Service by Users.
2.1.3. Liability for damages. The User will be liable for damages of any nature that Total Freight Solutions may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these General Conditions or the law in relation to the use of the Service.
2.2. DISCLAIMER OF WARRANTIES AND LIABILITY
2.2.1. Availability, continuity, usability and fallibility Total Freight Solutions does not guarantee the availability and continuity of the functioning of the Service. Where reasonably possible, Total Freight Solutions will give prior notice of interruptions in the operation of the Service. Total Freight Solutions does not guarantee either the utility of the Service for the accomplishment of any activity in particular, nor its infallibility and, in particular, although not exclusively, that the Users can effectively access to the different Web pages that form the Service, nor that through this Service information, data or contents are effectively transmitted to third parties, or that information, data or contents of third parties are effectively received. Total Freight Solutions excludes any responsibility for the damages of any nature that could be due to the lack of availability or continuity of the functioning of the service, to the defrauding of the utility that the users could have attributed to the service and to the failures of the service and, in particular, although not exclusively, to the failures in the access to the different Web pages of the service, as well as to the failures in the transmission or in the reception of information, data or contents.
2.2.2. Total Freight Solutions has no obligation to control and does not control the use that the Users make of the Service. In particular, Total Freight Solutions does not guarantee that the Users use the Service in accordance with these Terms and Conditions or that they use the Service in a diligent and prudent manner. Total Freight Solutions is also not obliged to verify and does not verify the identity of the Users, nor the veracity, validity, exhaustiveness and/or authenticity of the data that the Users provide about themselves to other Users. Total Freight Solutions excludes any responsibility for the damages and prejudices of any nature that could be due to the use of the service by the users or that could be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information that the users provide to other users about themselves and, in particular, although not exclusively, for the damages and prejudices of any nature that could be due to the impersonation of a third party carried out by a user in any kind of communication carried out through the service.
2.3. REFUSAL OF THE USE OF THE SERVICE Total Freight Solutions reserves the right to deny the use of the Service to the User and to prevent and withdraw the communications made through it, at any time and without previous notice, to those Users who do not comply with these General Conditions.
2.4. DURATION AND TERMINATION The provision of the Service has, in principle, an indefinite duration.
Total Freight Solutions, nevertheless, is authorized to terminate or suspend the provision of the Service. When it is reasonably possible, Total Freight Solutions will give prior notice of the termination or suspension of the provision of the Service. For any suggestion or proposal of collaboration, please write to us by e-mail: info@totalfreightsolutions.be
INTELLECTUAL PROPERTY (Trademark registration issue):
Total Freight Solutions, is a duly registered trademark, therefore any use of the same or any similar identifying
sign that may lead to confusion about its origin or ownership, by third parties without prior written authorisation from Total Freight Solutions is expressly prohibited. www.totalfreightsolutions.be is a domain registered by Total Freight Solutions. This domain may not be used, except with express prior authorisation, in connection with other services that do not belong to the company in any way that may cause confusion among our customers or discredit the company. The entirety of this website: description and characteristics, text, images, brands, logos, buttons, software files, colour combinations, as well as the structure, selection, order and presentation of its contents are protected by international laws on intellectual and industrial property. Under no circumstances does access to this site imply any kind of waiver, transmission or total or partial transfer of the rights granted by international legislation on Intellectual and Industrial property. The reproduction (except for temporary downloading from the website to the hard disk of the user's computer or servers), copying, use, distribution, reuse, exploitation, making of second copies, sending by mail, transmission, modification, transfer or any other act that is done with all or part of the information contained on this website that has not been expressly authorised by the owner, is prohibited. The user is obliged to use the contents in a diligent, correct and lawful way and, in particular, the user commits to abstain to suppress, avoid or manipulate the copyright and other data identifying the rights of Total Freight Solutions or its owners incorporated to the contents, as well as the technical protection devices or any information mechanisms that could be included in the contents. Likewise, the user will abstain from using the contents and, in particular, the information of any kind obtained through the site to send publicity, communications with commercial purposes, unsolicited messages addressed to a plurality of people with independence of its purpose, as well as to abstain from commercialising or divulging in any way this information.
LIABILITY
LIABILITY AND OBLIGATIONS
LIABILITY FOR CONTENT
The content of this website is of a general nature and has an exclusively informative purpose and effects of our services and our business activity, and may not be considered as constituting a professional relationship of any kind with the user. The user must bear in mind that such materials may not contain the latest updates. They may be modified or deleted by Total Freight Solutions without prior notice. No binding effect shall be derived from any information provided through this website. The company disclaims any liability for any decision taken by the user of the website as a result of the information contained therein, in particular with regard to the technical characteristics of the cables. Total Freight Solutions rejects the responsibility for any information not elaborated by itself or not published in an authorized way by itself under its name, as well as the responsibility derived from the bad use of the contents, and reserves the right to update them, to eliminate them, to limit them or to prevent the access to them, in a temporary or definitive way.
RESPONSIBILITY WITH REGARD TO LINKS TO OTHER WEBSITES (LINKS)
The links introduced in the web are merely informative and, therefore, Total Freight Solutions does not control or verify any information, content, products or services provided through these websites. Consequently, Total Freight Solutions declines any kind of responsibility for any aspect, especially the content, related to that page.
TOTAL FREIGHT SOLUTIONS IS NOT RESPONSIBLE IN CASE THIS SITE IS THE DESTINATION OF THE LINK INTRODUCED ON ANOTHER SITE.
Regarding the links established by other pages to this site, as well as if any user, entity, or web page wishes to establish any kind of link to the Total Freight Solutions site, the following stipulations must be observed:
It can only be directed to the home page. The link must be absolute and complete, that is to say, it must take the user to Total Freight Solutions' own address and must completely cover the whole extension of the home page screen. Under no circumstances, unless expressly authorized in writing by Total Freight Solutions, may the page that makes the link reproduce the Total Freight Solutions website in any way, include it as part of its website or within one of its frames, or create a browser over any of the pages of the website. No erroneous or incorrect indication will be given about the Total Freight Solutions website. If you would like to show any distinctive sign of Total Freight Solutions, such as brands, logos, and denominations, you must have written authorization. The owner of the page offering the link must act in good faith and must not intend to negatively affect the reputation or good name of Total Freight Solutions. It is prohibited, unless expressly authorized by Total Freight Solutions, to register the text elements of the brand or logo, the domain name, or the company name of Total Freight Solutions, as a keyword ("metatags" or "metanames") for the search of websites carried out through search engines. Total Freight Solutions does not assume any responsibility for any aspect of the linked website. The establishment of the link does not imply the existence of any kind of relationship, collaboration, or dependence of Total Freight Solutions with the owner of that website.
RESPONSIBILITY FOR TECHNICAL ASPECTS
Total Freight Solutions does not guarantee the continuity of the functioning of the website and that it will be operative and available at all times. Total Freight Solutions is not responsible for direct or indirect damages, including damages to computer systems and the introduction of viruses in the network, derived from Internet navigation necessary for the use of this website.
OBLIGATION OF USERS
Regarding the navigation, the user commits to observe diligently and faithfully the recommendations that Total Freight Solutions establishes relative to the use of the site. To these effects, Total Freight Solutions will address the users by any means of communication through the website. The user will be responsible for the damages that Total Freight Solutions may suffer as a consequence of the breach of any of the obligations determined in this legal notice. The user commits not to use any of the contents that Total Freight Solutions puts at his disposal to develop activities against the laws, the moral, or the public order. Those who access the website must observe the applicable legislation, the ethical or conduct codes that could be subscribed to, and the general rules of use of the website. In accordance with these, they shall refrain from any conduct which, by way of example and without limitation:
(a) Contravene, undermine or violate the fundamental rights and public freedoms recognized in the Constitution, in international treaties, and in the rest of the legal system.
(b) Induce, incite or promote criminal, denigratory, defamatory, defamatory, violent, or, in general, contrary to the law, generally accepted morals, and good customs, or public order.
(c) Induce, incite or promote discriminatory actions, attitudes, or ideas based on sex, race, religion, beliefs, age, or condition.
(d) Incorporate messages that are criminal, violent, pornographic, degrading, or, in general, contrary to the law, generally accepted morals, and good customs, or public order.
(e) Induce or are likely to induce an unacceptable state of anxiety or fear.
(f) Induce or incite to engage in practices that are dangerous, hazardous, or harmful to health and mental equilibrium.
(g) Are false, ambiguous, inaccurate, exaggerated, or untimely, so as to be misleading as to their subject matter or as to the intentions or purposes of the communicator.
(h) Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that he/she is making or intends to make.
(i) Violate the business secrets of third parties.
(j) Are contrary to the right to honor, personal and family privacy, or a person's own image.
(k) Infringe the regulations on the secrecy of communications.
(l) Constitute unlawful, misleading, or unfair advertising and, in general, constitute unfair competition.
(m) Cause, due to their characteristics (such as format, extension, etc.), difficulties in the normal operation of the Service, or breach the technical requirements or specifications established for access to the website.
DURATION AND MODIFICATION
Total Freight Solutions will have the right to modify the terms and conditions herein stipulated unilaterally, totally or partially. Any changes will appear in the same form as they appear in this legal notice. The temporal validity of this legal note coincides, therefore, with the time of its exposition, until the moment in which they are modified totally or partially by the company. Total Freight Solutions will be able to terminate, suspend, or interrupt unilaterally, the operability of this website, without the possibility of requesting any compensation from the user. After such termination, the user must destroy any information about Total Freight Solutions that he/she has in any format and that he/she has obtained through the site or through the communications made individually to the user by the same.
APPLICABLE LAW AND JURISDICTION
For any dispute relating to these Terms of Service, the parties agree to submit to the courts of Leuven (Belgium) and the corresponding Belgian law.