BUDA.agency – In pursuit of brand happiness

BUDA BELGIUM

We draw your attention to the need to carefully read these terms and conditions. If you have any questions, do not hesitate to contact us at the following address: info@buda.agency .

1. ACCESS TO AND VISIT OUR WEBSITE IMPLIES THE ACCEPTANCE OF OUR TERMS AND CONDITIONS AND POLICY.

The access to and the visit of our website implies your complete and unconditional acceptance of these general terms and conditions of use, our [PRIVACY POLICY LINK] and our [COOKIE POLICY LINK].

2. TRANSPARENCY

We will keep you informed of any changes to these general terms and conditions of use, the privacy policy and / or the cookie policy via the website. You accept these changes completely and unconditionally each time you visit our site.

3. WE DO OUR BEST TO KEEP OUR WEBSITE UP-TO-DATE, ACCESSIBLE, ERROR FREE AND WITHOUT HARMFUL COMPONENTS.

We make every effort to keep our site up-to-date and accessible without errors or harmful components (computer viruses, external burglaries, etc.). Disruptions, interruptions or the presence of harmful elements outside of our control are, however, possible. We cannot be held responsible for this.

If you notice something unusual on our website, please contact us via info@buda.agency. We will then make every effort to improve / restore the situation as soon as possible.

4. WE TRUST YOU TO PROVIDE OUR CORRECT AND ACTUAL INFORMATION

For the good management of our site and our services, we need accurate and up-to-date information.

5. YOU WILL ONLY USE OUR WEBSITE IN ACCORDANCE WITH ITS PURPOSE AND IN ACCORDANCE WITH THE APPLICABLE LAW.

In particular, you will refrain from:

using a false identity;
sending us false or illegal content, junk mail, content that violates or causes damage to the rights of a third party;
violation of unauthorized access to a part of the site;
taking any action that may disrupt the operation of our site.

If you are aware of inappropriate behaviour or use related to our website, you can contact us at the following address: info@buda.agency

6. WE ARE NOT RESPONSIBLE FOR OTHER SITES

Our website may contain hyperlinks to other websites and some other websites may contain a link to our website. We do not have any control over third-party websites, nor over their content. We can therefore not be held liable for their operation, content and use.

7. YOU ARE RESPONSIBLE FOR USING OUR WEBSITE

You visit and use our website entirely at your own risk. We are in no way responsible for loss or damage resulting from the use of or the inability to use our website.

8. OUR WEBSITE AND ITS COMPONENTS ARE PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

Our website and its components (brands, logos, images, photos, animations, videos, texts, etc.) are our property. They are protected by intellectual rights. It is therefore forbidden to copy, distribute or use our website or components for purposes other than those of the display of the site and the navigation on it.

9. OUR COMPLAINTS PROCEDURE IS SIMPLE AND EFFICIENT

Every complaint must be communicated to us in writing within eight calendar days after the fact that gives rise to the claim has become known. This can be sent as desired:

By e-mail: info@buda.agency
By registered letter with acknowledgment of receipt :
Schaarbeeklei 647
Vilvoorde 1800,
Belgium

10. DIALOGUE TO SETTLE DIFFERENCES

Nobody benefits from long judicial proceedings. If a dispute does arise, we commit ourselves to pursue a dialogue in all openness, looking for an amicable solution. We expect the same effort of you.

GENERAL TERMS OF USE
Bananas

Effective since : 8/10/2019

1. INFORMATION ABOUT BUDA

1.1	The website www.buda.agency (hereafter: the “Website”) is managed and operated under the responsibility of: Bananas Belgium NV (hereafter: “Bananas”), Schaarbeeklei 647 Vilvoorde 1800 Belgium BUSINESS REGISTRY NUMBER: BE0810982851
1.2	The Website provides as follows: Information on the services offered by Bananas (hereinafter: the “Service“).
1.3	Any question or complaint relating to the Website, these General Terms of Use (hereafter: “Terms of Use“), the Privacy Policy (hereafter: the “Privacy Policy“) and the cookie policy (hereafter: “Cookie policy“) can be directed to Bananas at the above address or at the following e-mail address: info@buda.agency

2. ACCEPTANCE

2.1	Access to the Website is subject to these Terms of Use, the Privacy Policy, the Cookie Policy and applicable laws and regulations. Consequently, access to or use of the Website implies full and unconditional acceptance by the User (hereinafter referred to as the “User“) of these Terms of Use, the Privacy Policy and the Cookie Policy.
2.2	These Terms of Use, the Terms and Conditions, the Cookie Policy and the Privacy Policy only relate to the relationship between the User and Bananas with regard to the use of the Website and the Service. They can be consulted at any time on the Website.

3. ACCESSIBILITY AND OPERATION OF THE WEBSITE

3.1	Bananas will, insofar as possible, ensure that the Website is up-to-date and remains accessible to a normal number of Users. Bananas does not guarantee that the functions of the Website will be available without interruption or error, that defects are immediately corrected or thatthe server that makes them available is free of viruses or other harmful components.
3.2	These Terms of Use, the Terms and Conditions, the Cookie Policy an the Bananas can not be held liable for loss or damage, of whatever nature, which is the result of suspension, interruption, (technical) disruption, delay, difficult accessibility and / or termination of the accessibility of the whole or a part of the Website or viruses or other harmful elements that are present on the Website.
3.3	If the User finds an error, virus or other harmful elements on the Website, he/she is requested to communicate it to Bananas at the following address: info@buda.agency , so that the necessary measures can be taken. Bananas advises the User, in any case, to install firewalls, antivirus, and other necessary security software on his computer to prevent damage.
3.4	Bananas reserves the right to suspend or stop the Website in whole or in part, at any time, without justification and without prior information.

4. USE OF THE WEBSITE

4.1	The user agrees to use the Website only in accordance with its purpose, to the exclusion of any other purpose.
4.2	The User is obliged to ensure that all information he communicates is accurate and up-to-date.
4.3	The User agrees to use the Website in good faith and to respect the prevailing legislation, and in particular to refrain from: sending to Bananas false or misleading content (and update this content, if necessary, to ensure that it does not become false or misleading), or communication that occurs as obscene, racist or xenophobic, insultingly illegal, deceptive, intrusive, offensive, harmful, violent, threatening, harassing, slanderous, infringing on intellectual property rights or any of these things; providing e-mail addresses or other types of content to Bananas without the prior consent of the persons involved; sending to Bananas any content that violates the rights of a third party or damages them in any way (intellectual property rights, privacy, trade secrets, …); sending to Bananas any content that refers to illegal websites or websites with inappropriate content; using the Website for sending unsolicited spam, pyramid schemes or similar fraudulent processes; circumventing technical protection measures for documents and multimedia; taking any action that may adversely affect the proper functioning of the Website, the Service, including the use of computer viruses, ransomware or mass mailing; gaining (or attempting to gain) unauthorized access to (a part of) the Website or equipment (hardware and software) used for the proper functioning of the Website; using of a false name, a pseudonym or use of the identity of someone else or of an entity; using of the Website for purposes other than those described in these Terms of Use.
4.4	Bananas cannot be held responsible for any non-compliance by the User with the Terms of Use, the Terms and Conditions, the Cookie Policy, the Privacy Policy and / or prevailing legislation. The User protects Bananas against any action, claim or complaint from third parties (including the government) with regard to the use of the Website.
4.5	The User uses the Website entirely at his/her own risk. The Website, the components and all information, software, facilities and associated services are offered as they are, subject to availability without any form of guarantee (explicit or implicit) and within the limits of the applicable legislation.
4.6	Bananas cannot be held responsible for any loss or damage (direct, indirect, tangible or intangible) arising from the use of the Website and its components or the inability to use the Website in whole or in part.
4.7	The User is obliged to inform Bananas immediately in writing if he / she becomes aware of inappropriate behaviour or prohibited use related to the Website, by sending an e-mail to info@buda.agency .

5. LINKS TO AND ON OTHER WEBSITES

5.1

Links to other Websites can be displayed on the Website. These third-party Websites are not operated by Bananas, which can not be held liable for their operation, content and use. Unless expressly stated otherwise by Bananas on the Website, the existence of such links does not imply any approval by Bananas regarding these Third-Party Websites or the use that could be made of them, nor any association or partnership with the operators of this Website(s).

6. INTELLECTUAL PROPERTY RIGHTS

6.1	The Website and its components (trademarks, logos, graphics, photos, animations, videos, music, texts, etc.) are the property of Bananas. They are protected by intellectual property rights (including copyright, design rights, trademarks, etc.) and may not be reproduced, used or distributed without the prior written consent of Bananas or, as the case may be, the relevant right holder, under a penalty of infringement of copyrights and / or models and / or trademarks, punishable by three months to three years and a fine of 100 to 100,000 euros or one of these fines only.
6.2	Bananas grants to the User a license, non-exclusive, non-transferable, for an indefinite period and at any time and without giving reasons, to gain access to the content of the Website, to view it and only download it for display purposes. The User may also print a copy of the content displayed on the Website for his personal needs, provided that he does not modify the content of the Website in any way and keeps all the mentions of authorship and origin of the Website. Reproduction is therefore only permitted for strictly personal purposes within the meaning of article XI.190 5 ° of the Belgian Code of Economic Law.
6.3	Any use of the Website and its components that are not covered by this article is strictly prohibited.

7. COMPLAINTS

7.1

Every claim / complaint of the User with regard to the Website will be communicated in writing within eight (8) calendar days after it has become known that there is a reason to do so. The absence of any dispute in accordance with the aforementioned rules implies unconditional acceptance by the User of the fact that gives rise to the claim and, de facto, the definitive waiver of any claim under this point.

8. UPDATES AND LANGUAGE VERSIONS

8.1	Bananas reserves the right, at any time and without prior notice, to change/update these Terms of Use, the Term and Conditions of Sale, the Privacy Policy and the Cookie Policy, as well as the access to the Website and its content. These changes are binding for the User (s) each time the Website is visited.
8.2	In case of differences between the language versions of these Terms of Use, the Terms and Conditions, the Privacy Policy and/or the Cookie Policy, the English version has priority.

9. VALIDITY OF CONTRACTUAL CLAUSES

9.1	If Bananas does not use / invoke one of the provisions of these Terms of Use for a period of time, this cannot be interpreted in any way as a waiver to enforce these rights at a later date.
9.2	The nullity, invalidity or unenforceability of some of the provisions implies by no means the invalidity of all provisions. The provision that is wholly or partially invalid, void or unenforceable is considered unwritten. Bananas undertakes to replace this provision by another who, as far as possible, pursues the same goal.

10. APPLICABLE LAW AND COMPETENT COURT

10.1	The validity, interpretation and / or performance of the Terms of Use is only subject to Belgian law, to the maximum extent permitted by the prevailing rules of private international law.
10.2	In the event of a dispute concerning the validity, interpretation or implementation of the Terms of Use, the courts of the judicial district of Brussels are exclusively competent.
10.3	Before commencing legal proceedings, the User and Bananas will aim to resolve the dispute amicably. That is why they will first contact, where appropriate and necessary, a mediator, arbitration or any identify another alternative dispute resolution method.