General conditions of use of the platform "Wharn"

Last modification : 10 june 2020

Article 1 : Definitions

« Wharn » : Wharn, the company identified in point 2.1 of these general conditions of use ;

« The Plateform » : The platform Wharn accessible via its mobile or PC version (available via the link) ;

« General conditions of use » : These general conditions of use of the Platform « Wharn » ;

« Payable pin » : Certain (digital) "pins" in the "There" category which are offered for sale via the Platform (pins with free location and timing – used mostly by profesionnal users to advertize recurring events). The price of a payable pin varies according to their degree of advertising, visibility, recurrence and the degree of intensity of the zoom function which is required by the User ;

« User » : Anyone using one of the services provided by the Platform and having created a user account on the Platform ;

« User account » : the personal interface which a user has created on the platform by filling in the necessary details and which allows him/her, among other things, to access the services of the Platform ;

« Visitor »: Anyone who accesses the Platform without creating a user account.

Article 2 : Scope

  1. By visiting the Platform available via the following link, or by accessing its functionalities (When creating a user account), the Visitor or the User (person or company who has created a user account) declares having read and unreservedly accepted the present General conditions of use of the platform « Wharn » written by the company Wharn having its registered office 42 avenue de la liberté, 1081 Brussels, Belgium and having as business number the number XXXXXX. Hereafter “Wharn”.

  2. These present general conditions of use also apply to the provision of all digital content (free of charge or for a fee) provided to users by Wharn via their account created on the Platform.

  3. These general conditions of use take precedence over any other general or specific conditions of the visitor / user and all agreements concluded between visitors / users and Wharn which relate to the same object. Any derogation from the application of these general conditions of use is excluded, unless it has been the subject of a (prior) written agreement between the visitor(s) / user(s) concerned and Wharn.

  4. The present general conditions of use may be revised or updated by Wharn without notice or prior warning. All of these modifications are binding on Users each time they access the Platform; so it is recommended to consult them each time a Visitor/User accesses the Platform. The date of the last modification is indicated at the beginning of these general conditions of use.

  5. In case of discrepancies between the different versions of these genral conditions of use, the French version will prevail.

  6. In the event of a substantial modification of these conditions, Wharn has an obligation of means (if commercially and technically feasible) to notify its users thereof by means of suitable notifications, for example, by posting a notice visible on the Platform or by asking for their agreement via an internal message sent to user accounts or by sending an e-mail.

Article 3 : Purpose of the platform

  1. The platform called "Wharn", whose slogan is "What, Where, When" integrates a map and an agenda into an interaction tool that allows its users to communicate in space and time via "pins" on various punctual or recurring events.

  2. These pins (digital content) fall into two categories, namely "Here" (here and now) and "There" (there and then) which can have different levels of advertising (private or public communities) that users define themselves.

  3. The "Here" pins are instantaneous and determined by the place and time of dispatch of the pin. The “There” pins have free localization and timing).

  4. The "Here" pins are free and certain "There" pins are chargeable (the price varies according to the degree of publicity) and are mainly intended for companies, entrepreneurs or individuals who wish to publicize recurring events or not organized by them other users or the public.

Article 4 : Wharn's responsibility in relation to the use of the platform

  1. Except in the case of gross or willful negligence or gross misconduct on its part, Wharn is not liable for direct and indirect damage (including loss of profits, costs to acquire an equivalent service or product or loss of possibilities) suffered by the user, the visitor or third parties and arising from the use of the Platform or its inability to use it, regardless of the cause.

  2. More specifically, Wharn is not responsible, among other things, for direct and indirect damage caused by the transmission of viruses despite existing security measures, the interruption of access to the Platform caused by communication problems, channel or connection, unauthorized access to the site, strikes or other events of force majeure.

  3. The user / visitor accepts that if someone initiates proceedings against Wharn concerning one of the situations mentioned in articles 4.1 to 4.3, 6 and 7 of these general conditions of u, within the limit authorized by the applicable law, he or she indemnify Wharn and hold it harmless against all damages, losses and expenses of any kind (including reasonable attorneys' fees) resulting from this lawsuit.

  4. Insofar as there is an obligation of responsibility for Wharn resulting from a breach of its contractual obligations, the total amount of damages is limited to foreseeable damage.

  5. Wharn reserves the right to interrupt access to the platform at any time in the event of risk of misuse or fraud or in order to carry out maintenance or make any improvement or modification.

  6. Wharn will do its utmost to limit the duration of these interruptions and will, as far as possible (if commercially and technically feasible), inform users of these interruptions and their estimated duration.

  7. Notwithstanding what is provided for in article 4.6 of these conditions, in the cases listed below, Wharn may at any time and without notice interrupt access to the platform to one or more users / visitors or in general:

      - If Wharn is aware of a risk linked to the use that is / would be made by one or more visitor(s) / user(s) ;

      - In order to carry out maintenance of the platform and / or make any improvement or modification deemed necessary ;

      - In case of force majeure (force majeure means any event which alone or combined with other events / circumstances affects the access or the security of the platform and over which Wharn has no control) ;

      - If Wharn ends its activities (by informing users 3 months in advance) or in the event of bankruptcy or judicial reorganization.

Article 5 : Content published on the Platform (by Wharn)

  1. Wharn does not guarantee the accuracy or reliability of the information published on the Platform and assumes no responsibility for any errors or omissions in its content, except in the case of negligence or serious or intentional misconduct on its part. Insofar as there is an obligation of responsibility for Wharn resulting from a breach of its contractual obligations, the total amount of damages is limited to foreseeable damage.

  2. Wharn reserves itself the right to modify, at any time and without notice, the information provided on the Platform for valid reasons, such as the improvement of existing functions or characteristics or the addition of new functions or characteristics to services and content, the implementation of scientific and technological progress and reasonable technical adjustments, the guarantee of the functioning or the security of the platform as well as for legal or regulatory reasons.

  3. With regard to the websites to which hypertext links would be provided from the platform, the owners of these sites are exclusively responsible for the content of these pages as well as the sale of the products offered there and the processing of the orders relating thereto.

Article 6 : Responsibility of Users

  1. Users are solely responsible for all of the content they publish on the Platform. (Notably in pins or via comments) Wharn is not responsible for user content and does not validate any opinion expressed in any user content.

  2. Users agree to use the Platform in good faith and to comply with the legislation in force, and, in particular, to refrain from:

      - send false or misleading content or communications to Wharn, (and update such content, if necessary, to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, lying, intruding on the privacy of others, offensive, damaging, violent, threatening or harassing, defamatory, constituting an offense against an intellectual property right or any other right, or which encourages or participates in any of these things ;

      - to provide email addresses or other types of content to Wharn without having obtained the prior consent of the persons concerned ;

      - send content to Wharn violating the rights of a third party or prejudicing them in any way whatsoever (intellectual property rights, privacy, business secrets etc.) ;

      - copy any literary, artistic, visual or audiovisual content from the Platform for purposes other than personal consultation ;

      - extract, by the final or provisional transfer, all or part of the contents of the Platform or all or part of one or more databases available on the Site, regardless of the extraction method used ;

      - reuse, by making available to the public, all or part of the content of the Platform or all or part of one or more databases available on the Platform, in any form whatsoever ;

      - send content to Wharn that points to illegal websites or that contains inappropriate content ;

      - use the Platform for sending spam, unsolicited, pyramid mail or for a similar or fraudulent process ;

      - bypass technical devices for protecting documents and multimedia elements ;

      - any action that may have the effect of disrupting the proper functioning of the Platform, of the Service, including the use of computer worms, viruses, bomb software or the massive sending of letters ;

      - attempt to violate unauthorized access to any part of the Platform or to equipment used for the operation of the Site ;

      - use a false name, a pseudonym, or claim the identity of another person or entity ;

      - use the Platform for purposes other than those provided for in these Conditions.

  3. Wharn may, without having to do so, control, review or edit user content. In all cases, Wharn reserves the right to remove or deactivate access to any user content which, in Wharn's opinion, in its sole discretion, violates these conditions of use, the general conditions of sale, the Privacy and cookie policy of Wharn as well as the law in force or public order. Wharn can take these steps without first notifying the affected user or any third party. Removing or disabling access to user content will be at Wharn's sole discretion, and Wharn does not promise to remove or disable access to any specific User Content.

  4. The User is also required to inform Wharn immediately in writing if he becomes aware of inappropriate behavior or use in connection with the Site by sending an e-mail to the following address:

Article 7 : Intellectual property

  1. All the texts and images available on the platform are the exclusive property of Wharn or other companies which have granted a license to Wharn to publish these texts or images. The texts, images, illustrations, layout, programs, functionalities of the Platform, source codes are also protected by Title 5 of Book XI of the Economic Law Code relating to copyright and neighboring rights.

  2. Any extraction, copy, loan, adaptation and / or any other form of use of all or part of the content of the platform, in any form or in any way, is strictly prohibited without the prior written consent of Wharn.

  3. All trademarks (the Wharn brand is a registered trademark and the logo is protected by copyright), labels and logos, registered or not, appearing on the platform are the exclusive property of Wharn or other companies and may not be reproduced without their express, prior written consent. In particular, visitors cannot use them as meta tags on other websites / platforms.

  4. Any violation of prescribed points 7.2 and 7.3 of these conditions will be subject by the offender to a lump sum fine of 2000 euros due immediately and in full to Wharn, without prejudice to any damages.

Article 8 : Exclusion of a user

  1. In the event of a particularly serious breach of these conditions of use or in case of non-compliance with the rights of third parties, the user accepts that Wharn reserves the right to its full discretion to exclude it without notice or right to reimbursement.

  2. The exclusion of a user does not prejudice other sanctions provided for by these general conditions of use or by applicable law.

Article 9 : Saving clause

  1. If one or more articles of these general conditions of use should be invalidated for any reason whatsoever, this circumstance would not have the effect of making these conditions of use void as a whole, nor of preventing the execution of the other provisions.

  2. In the event that the impugned provision affects the very nature of these conditions of use, each of the parties will endeavor to immediately and in good faith negotiate a valid provision of equivalent economic effect or, at the very least, as close as possible from the effect of the canceled provision.

Article 10 : Applicable law and disputes

  1. Any complaint or dispute relating to these conditions of use must be notified to Wharn at the following contact: within eight (8) calendar days of becoming aware of the fact giving rise to the complaint. The absence of any dispute according to the aforementioned rules entails for the User unconditional acceptance of the fact giving rise to the complaint and, de facto, the definitive waiver of any claim on this account.

  2. These conditions of use are also governed by Belgian law and any dispute relating to their interpretation or execution is subject to the competent courts of the judicial district of Brussels, to the fullest extent permitted by the rules of international law private applicable.

  3. Before taking any step towards the judicial resolution of a dispute, the User and Wharn agree to try to resolve it amicably. To this end, they first contact each other, before having recourse, if necessary, to mediation, arbitration, or any other alternative method of dispute resolution.