Website Terms of use & Disclaimer Valid as of: 01/01/2024

These Terms of Use ("Terms") govern your access to and use of the HAPIKLAN website (the "Website") and its services (the "Services"). By accessing or using the Website and Services, you agree to be bound by these Terms.

1. Acceptance of Terms
   By accessing or using the Website and Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website and Services.

2. Use of the Website and Services
   2.1 Eligibility:
   You must be at least 18 years old to access or use the Website and Services. By accessing or using the Website and Services, you represent and warrant that you are 18 years old or older.

2.2 User Account In order to access certain features of the Website and Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

2.3 User Obligations You agree to abide by all applicable local, state, national, and international laws and regulations, including Belgian export and re-export control and economic sanction laws and regulations, with respect to your use of the Website and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, HAPIKLAN is not responsible for the security of any information transmitted to or from the Sites. HAPIKLAN reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.

2.4 Prohibited Conduct You agree not to engage in any conduct that may disrupt or interfere with the proper functioning of the Website and Services, or that may infringe upon the rights of others. Prohibited conduct includes, but is not limited to, the following: a. Violating any applicable laws or regulations; b. Posting or transmitting any content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; c. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; d. Uploading or transmitting any viruses, worms, malware, or other harmful computer code; e. Collecting or storing personal information about other users without their consent; f. Interfering with or disrupting the security or integrity of the Website and Services; g. Engaging in any activity that could damage, disable, overburden, or impair the Website and Services or interfere with any other party's use and enjoyment of the Website and Services.

3. Intellectual Property Rights
   3.1 Ownership The Website and Services, including all content, features, and functionality, are owned by HAPIKLAN or its licensors and are protected by intellectual property laws.

3.2 Limited License Subject to these Terms, HAPIKLAN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal, non-commercial purposes.

3.3 Restrictions You may not copy, modify, distribute, sell, lease, sublicense, or otherwise exploit any part of the Website and Services without HAPIKLAN's prior written consent.

4. Privacy
   Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information from users of the Website and Services.

5. Third-Party Content and Links The Website and Services contains links to third-party websites, social media platforms, advertisements, or resources. HAPIKLAN is not responsible for the availability, accuracy, or content of such third-party websites or resources. You acknowledge and agree that HAPIKLAN is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.

6. Computer Viruses, Worms and Trojan Horses HAPIKLAN uses reasonable endeavors to protect this website and this app from computer viruses, worms, and Trojan horses. HAPIKLAN does not warrant that the website and the app are free from computer viruses, worms, and Trojan horses and accept no liability whatsoever for any damage that may result from the transmission of any computer viruses, worms, or Trojan horses via the website, app, or via any files which are available for you to download from the website or app.

7. Disclaimer of Warranties
   THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. HAPIKLAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAPIKLAN DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.

8. Limitation of Liability
   IN NO EVENT SHALL HAPIKLAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HAPIKLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAPIKLAN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HAPIKLAN DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING.

9. Indemnification
   You agree to indemnify and hold harmless HAPIKLAN and its officers, directors, employees, agents, affiliates, and licensors from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website and Services, your violation of these Terms, or your violation of any rights of any other person or entity.

10. Modifications to the Terms
    HAPIKLAN reserves the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website and Services after the posting of any changes constitutes your acceptance of such changes.

11. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of Belgium. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Belgium.

In case of a dispute, both parties agree to attempt to settle amicably at first. If no settlement can be reached after the dispute arises, either party may, if appropriate, refer the dispute to the courts of Belgium.

12. Severability
    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Entire Agreement
    These Terms constitute the entire agreement between you and HAPIKLAN regarding your use of the Website and Services and supersede any prior or contemporaneous agreements, understandings, or representations.

Please read these Terms carefully before using the HAPIKLAN website and services. By accessing or using the website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms.