Charter of use

 

1. Scope.

Access to the website www.jacquesbrel.be (hereafter referred to as ‘The Website’), its use, consultation and any other operation, as well as all its documents, information, services and models, are subject to the conditions set out below (hereafter referred to as ‘The Charter’) and to applicable legislation.

The Website is also accessible, under the same conditions, via the following domain names: jacquesbrel.com, jacquesbrel.org and jacquesbrel.eu.

By connecting to the Website, including any sub-sites using its interface and its functions, the user fully accepts to abide by the Charter and applicable legislation.

Editions Jacques Brel (hereafter referred to as ‘EJB’) is free to carry out any modification, alteration or addition to the Charter, at any given moment, and such changes shall apply with immediate effect.  Users must ensure that they are familiar with the most recent version of the Charter.

The Charter is always available on the Website.  Users are recommended to print a copy of the Charter or to ask for a copy to be sent to their postal address.

By accessing and surfing on this Website, the user accepts in full the terms of the Charter.  Any user who does not comply with these terms will be requested to disconnect from the Website.

This Charter constitutes and expresses the complete agreement between the user and EJB regarding their use of the Website.  Any other agreement, verbal or written, existing previously between the various parties is superseded by the terms of the present Charter.


2. General conditions.

This Website, its contents and its addresses are published and made available online by:
Editions Jacques Brel SPRL
11, place de la Vieille Halle aux Blés
1000 Brussels
Belgium
The Website is for information purposes only and is accessible without any form of guarantee.
Users use the Website and any related sites at their own and sole risk.
Every care is taken in the construction of the Website.  However, EJB cannot guarantee:
-    the absence of errors in the functionalities offered on the Website;
-    the absence of any interruptions in the operation of the Website;
-    the immediate correction of any faults;
-    the absence of viruses or any other harmful elements;
-    the absence of errors in information provided on the Website.

The above list is not exhaustive.

EJB accepts no liability in the event of damage caused by events including an interruption, a fault or a delay in operations or transmission, a computer virus, a network fault or for any other reason whilst using the Website or its contents.

EJB manages the contents of the Website freely and independently.  In particular, EJB may henceforth, without prior notice:
-    suspend or cancel access to all or part of the Website;
-    modify information available on the Website;
-    modify the presentation of the Website, as well as its structure and section headings.

 

3. Privacy

Users acknowledge and are conscious of the fact that the internet is not a completely secure means of obtaining information and thus it is not possible to guarantee complete privacy.
EJB does its utmost to operate according to the law of 8 December 1992 concerning the protection of privacy with regard to the use of personal data, as modified by the law of 11 December 1998 adapted from the European Directive 95/46/CE of 24 October 1995, made compulsory by the Royal Decree of 13 February 2001 and the European Parliament and Council’s Directive 2002/58/CE of 12 July 2002 concerning the use of personal data and the protection of privacy in the electronic communications sector (‘privacy and electronic communications’ directive).  
The only personal details which are saved and stored in EJB’s files are those which users communicate of their own free will to be included in the distribution list (email addresses).  These details may be used by EJB to promote its services, to send Website updates and to keep users informed of EJB’s activities, if they so wish.
Personal details communicated to EJB when ordering items from the ‘Shop’ are required only for billing and for delivery of the items in question. They are deleted following completion of the transaction.  None of this information shall be communicated to third parties or used for marketing purposes.
Personal details communicated to EJB in the context of ‘Your project with Jacques Brel’ shall not be used for marketing purposes and their use is reserved for monitoring projects.
Users may at any time have access to their personal details stored in EJB’s files.  They may request that they be amended or deleted from these files.  To unsubscribe, users may follow the same procedure as was used to subscribe.  
For security reasons or in order to evaluate the number of visitors to the Website, EJB automatically saves the following data: date, time and duration of visit to the Website, IP address, pages consulted, type of navigator and operating system used, research engine and keywords used to find the Website.
No data are saved without the user’s knowledge, nor intended for communication to third parties, nor used for marketing purposes or to build up a statistical profile of users, subject to the above and to article 12 below.

4. Intellectual property.

The Website, its contents and all other material and components of the Website such as texts, songs, graphics, interfaces, photographs, logotypes, fonts, interviews, databases, brand names, domain names, music, source code, sound and visual excerpts, including the design, structure, expression and general impression of the Website (hereafter referred to as ‘the Content’), are and remain the exclusive property of EJB and are controlled by EJB or by the relevant eligible parties. In particular, this Content is protected by the copyright law and related laws of 30 June 1994, the law of 30 June 1994 adapting to Belgian law the European Directive of 14 May 1991 regarding the legal protection of computer programs, the law of 31 August 1998 adapting to Belgian law the European Directive of 11 March 1996 regarding the legal protection of databases, and by all international laws in force.
The Content may not be used in any other ways than those specifically authorised or required by navigation on the Website.
In particular, it is strictly forbidden, without advance written authorisation from EJB, to reproduce, to download (even if this is technically possible), to modify, to adapt, to use, to translate, to broadcast, to communicate to the general public, to decompile, to disassemble, to market or to make available all or part of the Content of the Website, for whatever purpose and by whatever means, permanently or temporarily, including for non-profit-making purposes.
Users may therefore not download information accessible to them on this Website onto a social network (such as Facebook, Twitter, etc.), onto a blog, forum or platform, onto any other internet website or medium accessible to the general public, regardless of whether or not it is broadcast for commercial purposes.
To this end, the audiovisual and sound files available on this Website are equipped with a digital watermark, so that an identification code particular to each program can be found in every illicit copy.
All unauthorised use of the Content constitutes amongst others a counterfeiting offence and may give rise to civil or criminal legal proceedings and to the payment of damages and interest.

5. Respect of the Website and of the internet.

Website users agree to refrain from committing or neglecting to carry out acts which aim to, or which would, either directly or indirectly:
-    disrupt or interrupt networks connected to the Website or third party servers;
-    not conform to all internet regulations and procedures;
-    hamper use of the Website;
-    copy, alter, modify or interfere with the Website, its use or its contents;
-    use the Website for illegal purposes, forbidden under the terms of the present Charter or which infringe the rights of EJB or Jacques Brel’s heirs, neither shall users encourage such acts.
 No part of the Website or of its Content may, amongst other things, be copied, reproduced, communicated, published, downloaded, used or broadcast, by whatever means and using whatever medium, for commercial or other purposes, and particularly on social networks, internet sites, platforms, blogs or forums, without the express advance written agreement of EJB or of the relevant eligible parties.
The user undertakes not to use ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or any other means, program, method or algorithm which could interfere with the proper functioning of the Website, nor to copy, access or obtain in any way any information, document or material which has not intentionally been made accessible via the Website.
The user shall not interfere with the use of the Website by third parties, for example by trying to obtain access to personal details or passwords or trace information concerning third parties who have accessed the Website.
The user shall not test the capacity or the vulnerability of the Website and shall refrain from any act which may endanger its security or integrity.  The user also undertakes not to act in any way which may overload the bandwidth.

 

6. Submission of ideas.  Your project with Jacques Brel.

EJB may under no circumstances be held responsible for any violation of the rights of a third party which may stem from an idea or a project submitted to it.
For users wishing to create, produce or broadcast a project with Jacques Brel, EJB provides information in the section entitled ‘Your project with Jacques Brel’.  The explanations and tables in this section are provided for information only, in order to guide users regarding the steps they need to take and the respect of the rights of all eligible parties.  This information does not replace the detailed consideration of the specificities of each project.
 

7. Visitors’ Book.

The Visitors’ Book available on the Website is an area for free expression and exchange where users may contribute to the Website by sharing their impressions, memories, remarks or other comments regarding Jacques Brel and his work. The details which appear in the Visitors’ Book are not used for any other means.
EJB is under no circumstances liable for any harm caused as a result of the inclusion of personal, confidential or sensitive information in the Visitors’ Book.
The user undertakes to use the Visitors’ Book with the greatest respect towards others (in accordance with the rules of ‘Netiquette’) and in accordance with legislation in force. All comments posted in the Book must relate to Jacques Brel and in particular must not contain:
-    offensive, slanderous or libellous remarks;
-    incitement to hatred, discrimination or violence of any kind;
-    vindication of crimes, murders, rapes, war crimes or crimes against humanity;
-    messages of a promotional, commercial or advertising nature;
-    messages which infringe the rights of others.
The user authorises EJB to reproduce and to communicate to the general public all comments published in the Visitors’ Book, in any way and by any means, including by posting them on the Website.
EJB reserves the right to omit from the Visitors’ Book all or any part of a message which contravenes the above.  EJB’s decisions in this regard are discretionary and may not be subject to appeal.  They do not give the right to any indemnity or other form of compensation in favour of the users concerned.  

8. Ordering items online.

General

Website users may order certain items via the Website’s Shop.
All items for sale, subject to availability, may be viewed at EJB’s shop, located within its registered office in Brussels.
EJB reserves all intellectual rights over the items available for order. Users may not claim any transfer of rights whatsoever over the items in question, without the express written agreement of EJB.  Furthermore, users may not claim the right to modify items (or have them modified), distribute them to the general public, put them on sale, reproduce them, transfer rights over them to third parties, or infringe the moral rights of eligible parties.  This list is not exhaustive.
Items ordered are reserved exclusively for the private use of the buyer within his or her family.  
The user declares to be over the age of 18 and to have the legal capacity (or to hold the authorisation of a legal representative) to place an order on the Website and to accept the present Charter.
EJB may not under any circumstances be held responsible for a lack of available stock.


Prices

Prices are shown in euros and include VAT but not postage and packing.  The valid price is that shown on the Website on the date on which the order is registered.
EJB reserves the right to raise or lower its advertised prices according to its own criteria and to modify prices in other countries in accordance with fluctuations in delivery charges. In any case, the price shall not vary between the date of order and delivery of the product.


Placing an order

By placing an order via the Website, users confirm their acceptance of the price shown for the item ordered and of the cost of postage and packing which is calculated on the basis of the delivery address and the weight of the parcel ordered.  The contract is concluded once the user has confirmed the summary of his or her order.  The user is informed of the confirmation of this order by an email which summarises the terms of the order.
EJB will proceed to deliver the item ordered as soon as payment has been received in full.
EJB reserves the right to cancel or to refuse any order placed by a user in the event of insolvency or in the case of non-payment in respect of a previous order or if it appears that the user is not acting in accordance with the present Charter or legislation in force.

Payment methods

Payment in respect of orders can be made offline (via bank transfer at the expense of the purchaser) or online via the Website using one of the following payment methods:
- Credit card (Visa or Mastercard), stating the type of card, the card number, its expiry date and security code, if any;
- Electronic purse (Paypal).
EJB uses the transaction server Ogone and insists that users’ bank details are encrypted and then transmitted securely to the financial organisations concerned.
The user acknowledges that communicating information regarding his or her bank card entails the authorisation to debit his or her account in favour of EJB with the amount owed, inclusive of all taxes.
The security of the electronic transfer of funds and, in general, the correct execution of payment instructions falls entirely within the responsibility of the financial organisations which manage these transfers.  Transactions carried out with Ogone are governed by the general conditions of Ogone, which can be consulted on the website www.ogone.be.

Delivery

Products will not be delivered until payment has been received in full by EJB.
Orders are delivered to the postal address provided by the user upon validation of the order.
Delivery charges are shown in the summary of the order and vary according to the user’s country, the weight of the item and any logistics costs.
In the event of delivery of an item which is defective or not in accordance with the order, the item will be exchanged and not reimbursed.  The user must return the defective product to EJB within fifteen days of receipt, specifying the reason for return.
EJB reserves the right to refuse the return of an item which is incomplete, damaged or dirty.
EJB cannot be held responsible for delays in delivery due to reasons beyond its control.
In theory, items are delivered within twenty working days of receipt of payment by EJB. This timeframe is provided for information only and cannot be considered binding.  
EJB is not responsible for any loss or damage to delivered items following their transportation.


Cancellation rights

In accordance with the Belgian law of 6 April 2010 regarding market practice and consumer protection, the purchaser has the right to notify EJB that he or she wishes to cancel an order, without penalty and without giving a reason, within fourteen (14) working days following date of delivery of the item to the purchaser.
The purchaser must note however that the 14-day cancellation period provided for in the Belgian law of 6 April 2010 regarding market practice and consumer protection does not apply to the purchase of e-books, since these are provided by EJB in electronic form without any tangible medium, and this equates to a firm and binding delivery.

To cancel an order, the item ordered must be returned to EJB unopened (in the case of video or audio recordings and software packages), within the time limit specified above, by registered post with proof of receipt and at the expense of the person cancelling the order.  The cancelled order must be accompanied by the order number and the bank account number (in IBAN format) to which the reimbursement is to be made.  Returned items must be protected to at least the same extent as for the initial delivery.
EJB reserves the right to refuse cancellation of purchase of an item whose packaging has been opened or which is damaged.
The purchase of any e-book via this site is firm and binding and may not therefore under any circumstances give rise to an exchange, a reimbursement or the right to cancel.

Third party photographs

EJB has agreements with its external partners to promote photographs of Jacques Brel which belong to them. A link directs the user to the contact details of the partner concerned, who then deals directly with the user wishing to access these items under that partner’s own general conditions of sale and use. As EJB merely acts as an information platform for these photographs, it cannot be involved in any way in this regard, particularly in the context of the relationship between users and the photographers’ rights holders.


9. Hyperlinks.

Advance written permission to operate hyperlinks to the Website must be obtained from EJB.
Obtaining this authorisation does not in any way entail a licence over the contents of the Website or EJB’s responsibility for the website governing the link.
Authorisation is neither granted nor maintained unless the applicant agrees at the very least to the following:
1.    No information of any kind contained on the Website shall be copied, reproduced or communicated or distributed to the general public.
2.    Nothing shall be done to harm the reputation of the Website, of Jacques Brel and his heirs, or the products or information on the Website.
3.    Nothing shall be done in any way to create the impression that the two websites are linked.
4.    The link shall be made only to the opening page of the Website.
5.    EJB shall be informed in good time of any request or query concerning the hyperlink, including any decision to remove it.
6.    The applicant shall be held entirely responsible in the case of damage or loss caused to the Website, whether these are directly or indirectly linked to it.
7.    The applicant guarantees that the use of a hyperlink to the Website is not illegal under applicable law.
8.    No hyperlink shall be made from a website containing information which could be the subject of action for slander, libel or pirating, or for any other infringement of the rights and interests of third parties, nor shall a hyperlink be made from a website which does not conform to norms of decency and good taste.
9.    The applicant shall indemnify EJB in the event of action by a third party following non-compliance with these terms and conditions or access to the Website via a hyperlink.
10.    All other conditions laid down by EJB shall be respected.
EJB’s decisions in this regard are made at its own discretion and may not be appealed.  They do not allow the right to any indemnity or other form of compensation in favour of the users concerned.

10. Linked Websites.

The Website may contain links to other websites belonging to third parties (‘Linked Websites’). These Linked Websites are made available for the benefit of users and are not under the control of EJB.  EJB thus bears no responsibility for their content, nor for the information they contain.  Users access these websites of their own free will and at their own risk.


11. Limitation of reponsibility.

If, despite the provisions of the present Charter, EJB should be held responsible for any damage or loss resulting from or connected to the use of the Website or of its Content, EJB’s liability may under no circumstances exceed €1,000.
The user agrees to cover EJB, its employees, eligible parties, agents, affiliates, subcontractors and partners against any action, loss, claim, compensation or indemnification (including legal fees) brought against EJB by any third party, relating to or as a consequence of his or her use of the Website.


12. Violation of the Users’ Charter.

EJB may communicate all information regarding users (including their identity) if this should prove necessary in the event of complaint or investigations concerning any use of the Website which does not comply with the present Charter or applicable law.
To this end, EJB may preserve all forms, data and information provided by the user via the Website.
This shall also be the case in the event of a need to identify, contact or bring legal action against a person harming or interfering with the Website or EJB’s rights or the rights of other users of the Website.
EJB thus reserves the right to reveal at any time any information deemed necessary under applicable law for a judgement or a legal petition by the public authorities, including the exchange of information between companies with the aim of preventing fraud.
EJB may freely and without notice terminate access to the Website of any user who violates the terms of the present Charter or any other code of conduct relating to the use of the Website, or at the request of the public authorities.
EJB may freely and without notice terminate all access to the Website in the event of technical problems or reconstruction of the Website.
Any violation of the Charter shall be considered an act of unfair trading and a breach of contract which calls for financial or other compensation, depending on which is deemed by EJB to be most appropriate.  
In the event that EJB is forced to bring legal action against a user due to violation of the terms of the Charter, the user shall be obliged to reimburse to EJB all costs which it incurs in this regard, including legal fees and all other costs and expenses, in addition to the compensation due to EJB.

 

13. Nullity of a clause.

In the event that one or more of the clauses contained in this Charter should be considered null and void by a court of law, only the minimum shall be considered invalid and shall be replaced by valid clauses which better respect the objective of the present Charter.

 

14. Applicable legislation and litigation.

The clauses of this Charter are governed entirely by Belgian law, as are all relations between EJB and users of the Website in the context of the use of this Website.

In the event of litigation, only courts and tribunals in the district of Brussels which give rulings in the French language shall be competent.


All information on this Website, including the present Charter, may be modified without prior notice.

Copyright©2012 Editions Jacques Brel. All rights reserved.

SPRL Editions Jacques Brel
11, place de la Vieille Halle aux Blés
1000 Brussels
Belgium
Tel: +32 2 511 10 20
Email: editions@jacquesbrel.be
Last updated 31 January 2012