Terms & Conditions

Flows is owned by ProMedia BE bv.
Flows is the brand name for the digital news platform and derived products.

Responsible publisher of the Platform: ProMedia BE bv.

ProMedia BE bv (hereinafter referred to as “ProMedia“)

Brouwersvliet 33
B-2000 Antwerp (Belgium)
Vat BE0781.746.556

If you have any questions or comments about us or our services, please contact us by e-mail: webmaster@flows.be. We promise to respond promptly to any message we receive. Please include contact details and any reasonably useful information so that we can reply in a targeted manner.The term ‘Platform’ should be understood as the entirety of websites and applications developed by Flows, including but not limited to www.flows.be.

Use of the ‘Platform’ is governed by the Terms of Use set out below (Section I).

Through its ‘Platform’, Flows also offers specialised products on which ‘Users’ can register. The use and modalities of those products are determined by the Subscription Terms and Conditions set out below (Section II).

The Terms and Conditions of Use and the Subscription Terms and Conditions should always be read together with the General Terms and Conditions (Section III). The Conditions of Use, Subscription Conditions and General Provisions are also referred to hereinafter as “the Conditions”.

I. TERMS AND CONDITIONS OF USE

I.1: Scope of application

I.1.1 These Terms and Conditions apply both to us, ProMedia, and to you as a ‘User’. You are a ‘User’ as soon as you visit and use our ‘Platform’ to access information. Once you use our ‘Platform’, you expressly acknowledge and agree that our Terms and Conditions shall always and exclusively apply.

I.1.2 If you use our ‘Platform’ on behalf of a company or other legal entity, you are also individually bound by these Terms as a ‘User’. This irrespective of the existence of a separate agreement between ProMedia and the company or legal entity in question.

I.2: The Right of Use, Registration and Restrictions

Right of Use

I.2.1 Each ‘User’ is granted a limited right of access, use, display and consultation of the ‘Platform’ (in short: right of use).

I.2.2 This right is granted in the form of a limited, revocable, non-exclusive and non-transferable licence. Such licence does not entitle the ‘User’ to sell, (re)publish, (re)distribute, transfer or license the ‘Platform’, the underlying databases and/or any content made available via the ‘Platform’.

I.2.3 The termination of the right of use does not entail the automatic removal of the User Profile. If the ‘User’ wishes to delete his User Profile, he must exercise his right by means of a dated, written request to ProMedia, by post or by e-mail to privacy@flows.be. ProMedia undertakes to comply with this request within 20 working days, with a maximum period of 3 months, by completing, correcting or even deleting all or part of the personal data.

I.2.4 Depending on the functionalities accessible, the ‘User’ has a right to add content to the ‘Platform’. By posting content on the ‘Platform’, the ‘User’ grants ProMedia a perpetual, free, transferable licence to use, reproduce, process and communicate such content to third parties to the extent necessary to offer the services of our ‘Platform’.

Registration

I.2.5 Access to certain functionalities and specific information on our ‘Platform’ is limited to registered ‘Users’ who have the appropriate capacity to do so and as also provided in Section II (‘Subscriptions’).

I.2.6 Each registration requires the ‘User’ to present a correct, truthful, current and complete picture. Depending on the capacity of the ‘User’, certain information may be absolutely necessary to mention. This obligation applies both when creating the User Profile and for the future. It is the sole responsibility of the ‘User’ to correct or remove outdated information.

I.2.7 Each User Profile is strictly individual, personal and confidential. A User Profile is not transferable to third parties without the express consent of ProMedia. The ‘User’ is solely responsible for all actions taken with the User Profile and must also ensure the confidentiality of the User Profile, including the login details. Any breach of confidentiality must be reported to ProMedia so that the necessary measures can be taken.

I.2.8 ProMedia does not actively monitor created User Profiles but reserves the right to take the appropriate measures in cases where this is required, as stipulated in Article I.3 (“Remedies”).

I.2.9 The collection and processing of personal data is subject to strict conditions by the legislator as stipulated in the legislation and the European Regulation (EU) 2016/679 GDPR-AVG, Directive 95/46/EC. By registering, the ‘User’ agrees that we may access, store and disclose his provided data in accordance with our Privacy Statement, including the Use of Cookies [http://www.flows.be/nl/privacy-verklaring-en-gebruik-van-cookies].

Restrictions

I.2.10 The right of use is limited in that such use may not violate the Terms, applicable law, the rights of third parties. In particular, the ‘User’ is prohibited from:

use software programmes aimed at collecting and obtaining data, including but not limited to spiders, crawlers, robots and similar software;
use the ‘Platform’ and its data for spamming, chain letters, junk mail and/or similar variants or to spread harmful software such as but not limited to computer viruses, malware, worms, trojans and cancelbots;
(attempt to) stalk and/or (attempt to) persuade other ‘Users’ of political and/or religious beliefs;
gain access to the User profiles of other ‘Users’;
use a strange identity and/or strange data during registration;
add content that may be considered inappropriate and/or unlawful, such as but not limited to content that is illegal, unlawful, harmful, misleading, threatening, abusive, excessively obscene, child pornographic, offensive, racist and/or generally contrary to public order and morality, shall be considered inappropriate; this content does not necessarily have to be in violation of any applicable law or the rights of third parties to be considered inappropriate
add content that violates any intellectual rights, including the portrait rights of other ‘Users’ and/or third parties;
add content that results from, refers to and/or incites the commission of criminally sanctionable acts.
I.3: Remedies

I.3.1 ProMedia reserves the right to take all reasonable and appropriate measures if the ‘User’ violates the Terms and Conditions and its known obligations, applicable rules of law, rights of third parties or generally accepted Internet rules of conduct. ProMedia reserves all rights concerning the taking of any sanctioning and remedial measure and the scope of such measure.

I.3.2 Amongst other things, ProMedia has the possibility of undertaking a temporary and/or permanent suspension of the right of use as well as the removal of a User Profile. In addition, ProMedia may restrict the ‘User”s general access to and access to functionalities on the ‘Platform’ in whole or in part and temporarily or permanently.

I.3.3 The removal of a User Profile may imply the (future) removal of all added content and advertisements. These measures may be taken without prior warning and/or notification if the situation so requires. Under no circumstances shall the ‘User’ be entitled to request a refund or compensation for the measures taken.

I.4: Content on the ‘Platform’

I.4.1 If certain content on our ‘Platform’ constitutes a violation of the Terms and Conditions, applicable law and/or a violation of the rights of third parties, the ‘User’ must notify us as soon as possible. We will promptly take appropriate action by amending, supplementing or removing (in whole or in part).

I.4.2 The ‘User’ and authorised third party posting content on the ‘Platform’ is responsible for ensuring that such content is always posted on the relevant and applicable webpage, always in a language understandable to the other ‘Users’ of the ‘Platform’ (English or Dutch) and that such content is not misleading in any way.

I.4.3 Our ‘Platform’ contains content that can be downloaded. Any downloading from the ‘Platform’ is always done at the sole risk and sole responsibility of the ‘User’. We shall not be liable for any possible damage caused by these downloads and further use of such data.

II. SUBSCRIPTION CONDITIONS

II.1: Scope of application

II.1.1 Our Subscriptions are mainly addressed to ‘Users’ who use them for purposes within their business or professional activity. A VAT number is required when subscribing to our Subscriptions.

II.1.2 These Subscription Terms and Conditions apply to all agreements concluded via the ‘Platform’.

II.2: The right of use

II.2.1 Each ‘User’ is granted a limited right of access, use and display of the Flows ‘Platform’, as also provided in article I.2 (“Right of Use, Registration and Restrictions”).

II.2.2 The discontinuation of use by the ‘User’ shall not entitle the ‘User’ to any refund of the paid Subscription fees, as stipulated in article II.3 (“Fees and payment”).

II.2.3 The discontinuation of use by the ‘User’ does not affect the duration of the Subscription, as stipulated in article II.4 (“Duration”).

II.3: Prices and payment

II.3.1 Our prices are expressed in EURO and are exclusive of VAT and other taxes. Obvious and obvious errors in our price may be corrected even after the Subscription has been concluded. Any additional costs, such as in the case of using certain payment methods, will always be clearly communicated to the ‘User’ in advance and will be borne entirely by him/her.

II.3.2 ProMedia may adjust the price for current Subscriptions annually. If the price is adjusted for the year following the term of the current agreement, the ‘User’ will receive the adjusted price at least 30 calendar days before the expiry of the current Subscription. Unless the ‘User’ terminates the Subscription in accordance with what is provided under article II.4 (“Duration”), the ‘User’ is deemed to agree to the price for the coming year.

II.3.3 Price changes resulting from changes in VAT rates will, however, be charged to the ‘User’ in full.

II.3.4 As a ‘User’ of our Subscriptions, you are obliged to immediately check the performance of our services for possible errors and shortcomings on our part. Defective performance of services must be reported by ‘User’ within 7 days of their discovery. This notification must always be made to ProMedia in writing and with reasons. The ‘User’ is only entitled to repair of defective services by means of a new performance. The ‘User’ cannot claim any damages or any other form of compensation.

II.3.5 Once we receive your subscription to a Subscription, an order confirmation will be sent to the e-mail address provided by ‘User’. This order confirmation is the time of conclusion of the agreement. An invoice is attached to the order confirmation. The ‘User’ has a payment term of 30 days after the invoice date. Payment is made by bank transfer. The ‘User’ will soon be given access to the subscribed Subscriptions, insofar as the ‘User’ himself fulfils his obligations.

II.3.6 If the ‘User’ has not paid by the expiry of the payment term, the subscribed Subscriptions will be automatically and legally suspended. ProMedia may decide not to fulfil its further/additional delivery obligations, until the moment of full payment of the full amount due.

II.3.7 ProMedia makes no refunds if the ‘User’ does not use his Subscription. The ‘User’ also has no right to a refund if access to his Subscriptions is fully or partially and temporarily or permanently restricted or prevented in accordance with Article I.3 (“Remedies”).

II.4: Duration

II.4.1 Our Subscriptions are of definite duration, fixed at one (1) year from the formation of the relevant Subscription, unless expressly provided otherwise on our ‘Platform’.

II.4.2 Upon expiry of the fixed term, the agreement is automatically tacitly renewed for the respective term, unless either party objects by registered letter sent no later than 15 calendar days prior to the expiry of the current term of the Subscription.

II.4.3 If ProMedia cannot offer its services in whole or in part for reasons beyond its control (e.g. due to server problems, power outage, etc.), this does not give the ‘User’ the right to discontinue the Subscription and/or request a refund of the Subscription fees paid.

II.5: Events

II.5.1 Rates for Flows events are expressed in EURO and are exclusive of VAT.

II.5.2 Registrations for an event are final from 14 calendar days before the event. An invoice will be sent digitally. Payment of the invoice must be made before the event.

II.5.3 Cancellations of registration for a Flows event are free of charge if confirmed in writing via events@flows.be on condition that this is done at the latest 14 calendar days before the event takes place.

II.5.4 Cancellation of the event is not possible if done on less than 14 calendar days of the event. The registrant may, however, be replaced by a colleague free of charge. If no replacement is possible and a no-show takes place, the full amount of registration remains due.

II.5.5 Flows subscribers are regularly entitled to a discount when registering for a Flows event. The Flows subscriber is obliged to mention his subscription number at registration. If not mentioned at registration, no discount can be granted. For subscriptions with 1 login, the discount is only valid for the active login of the subscription. From a company subscription with 3 logins, colleagues of the registered ‘Users’ can also benefit from the Flows discount.

II.5.6 An individual subscription can be converted at any time to a subscription with 3 logins via abonnementen@flows.be. The additional cost will be settled pro rata until the expiry date of the current subscription.

III. GENERAL PROVISIONS

III.1: Changes

We reserve the freedom to modify, expand, limit or discontinue our ‘Platform’ and associated services at any time. The ‘User’ of our Subscriptions may rely on additional guarantees if circumstances so require. The exercise of this right does not require prior notice to the ‘User’, nor does it give rise to compensation.

III.2: Liability

III.2.1 ProMedia shall only be liable for its attributable serious contractual failure to perform its obligations under this agreement. This liability is limited to the direct damage resulting from the shortcomings and is limited to the value of the Subscription Price, calculated in function of the duration already elapsed and always with an absolute maximum of €50.

III.2.2 ProMedia shall in no case be liable for indirect damage resulting from its shortcomings. Indirect damage includes but is not limited to any form of consequential damage, lost profits, financial or commercial losses, increase in overheads, increased personnel costs, damage due to loss of clients and/or opportunities. This enumeration is purely indicative and certainly not exhaustive.

III.2.3 Any use of the ‘Platform’ is always at your own risk. ProMedia is not liable for any damage resulting from failures, interruptions, harmful elements or defects in our ‘Platform’, regardless of the existence of force majeure or any extraneous cause. Our ‘Platform’ and related services are provided on an ‘as is’ and ‘as available’ basis, i.e. without any implicit or explicit guarantee.

III.2.4 The content on our ‘Platform’ is added by both ProMedia and our ‘Users’ and authorised third parties, whether through automated processes or otherwise. Consequently, our ‘Platform’ qualifies as User Generated Content (UGC). We take the utmost care with the information appearing on the ‘Platform’. ProMedia does not offer any guarantee regarding the quality and quantity of information on the ‘Platform’. ProMedia is not liable for any damage (direct or indirect) suffered by the ‘User’ as a result of the information on the ‘Platform’. This is a means obligation of ProMedia whereby all necessary and reasonable measures are taken. ProMedia is not obliged to check the content prior to posting nor to carry out thorough a posteriori checks.

III.2.5 If ProMedia is wholly or partially prevented from fulfilling its obligations towards the other party due to a circumstance beyond its control, this will constitute force majeure. In that case ProMedia is not obliged to fulfil its obligations towards the other party. ProMedia is entitled to suspend its obligations for the duration of the force majeure.

III.2.6 If the ‘User’ compromises ProMedia’s liability and/or causes damage, loss and costs (including costs for legal assistance) on ProMedia’s part due to a contractual or extra-contractual breach attributable to him, the ‘User’ must take all necessary measures to indemnify ProMedia against these adverse consequences.

III.3: Links to other websites

III.3.1 The content of our ‘Platform’ may contain a link, hyperlink or framed link to foreign websites or other forms of electronic portals. A link does not imply a connection between us and the foreign website, nor that we (implicitly) agree with the content of these websites.

III.3.2 We maintain no control over these foreign websites and are not responsible for the safe and correct operation of the link and its final destination. Once one clicks on the link, one leaves our ‘Platform’ and cannot hold us liable for any damages.

III.4: Intellectual property

III.4.1 Creativity deserves protection, and so does our ‘Platform’ and its content. Protection is provided by intellectual property rights and belongs to all entitled parties, being ProMedia and third parties. Content means the very broad category of photos, video, audio, text, notes, drawings, articles, et cetera. All such content is protected by copyright, software law, database law, design law and other applicable (intellectual) property rights. The technical nature of our ‘Platform’ itself is protected by copyright, software law and database law. Any trade name we use on our ‘Platform’ is also protected by applicable trade name law or trademark law. ‘Users’ cannot use and/or modify the intellectual property rights described in this article without the consent of the right holder.

III.4.2 Any ‘User’ who adds content to our ‘Platform’ is responsible for the Intellectual Property Rights thereon. The ‘User’ undertakes that its actions will in no way infringe the Intellectual Property Rights of any other party. If the ‘User’ commits an infringement in terms of Intellectual Property Rights, these can under no circumstances be attributed to ProMedia. Any factual or legal consequences are therefore entirely the responsibility of the ‘User’. We ask for your cooperation in reporting any violations of intellectual property to us so that we can take appropriate action.

III.5: Processing of personal data

Although you may not always realise it as a ‘User’, visiting our ‘Platform’ means, in a sense, processing personal data. The collection and processing of personal data is subject to strict conditions by the legislator as stipulated in the legislation and the European Regulation (EU) 2016/679 GDPR-AVG, Directive 95/46/EC. By registering, the ‘User’ agrees that we may access, store and disclose his provided data in accordance with our Privacy Statement, including the Use of Cookies [http://www.flows.be/nl/privacy-verklaring-en-gebruik-van-cookies].

III.6: Nullity

III.6.1 The nullity of one or more clauses of the general agreement does not entail the nullity of the rest of the general terms and conditions.

III.6.2 The parties undertake to replace the null and void clause(s) by a legally valid clause, or clauses, which will correspond to the original intention of the parties and the spirit of the agreement, or as closely as possible.

III.7: Dispute resolution

These Conditions shall be exclusively governed and interpreted in accordance with Belgian Law. In the event of any dispute, the courts of Antwerp, Antwerp Division shall have exclusive jurisdiction.