Use of the Site

These terms of use (hereinafter referred to as the Disclaimer) apply to the site www.emailr.com, hereinafter referred to as the "Site". This Site has been created and is managed by Crosscom SPRL, whose registered office and operating headquarters are located at 43 Av. Crokaert 1150 Brussels, and whose company number is BE 0879.896.797.

By simply using the Site, you accept the Disclaimer fully and unconditionally and you undertake to comply with all the clauses. Consultation and use of the Site automatically implies full acceptance of the Disclaimer.  Access to information contained in the site is free of charge, but implies that the user has read and accepted the Disclaimer.  When a visitor (hereinafter "you") continues consultation of the Site, this means that he has formally accepted the content of the Disclaimer.

Access to the site is open and free of charge.  If you want to use the software “emailR” introduced on this website, you must register on the Site, accept the terms of the licence to use, communicate certain data and receive an access code and a password and pay yours invoices.  If you do not accept the conditions of the services, or the policy on respect of privacy of these services, and the legal rules about e-mail sending, you cannot use the services proposed.  When you create your account, you will be informed at the appropriate point before you register, and the applicable conditions, prices and means of payment will be indicated.

These conditions apply to the use pages on the Site.  At the same time, other conditions or on-line contracts are included in the Site for special situations or services proposed by the Site, such as relations with clients and users of the e-mail marketing solution emailR.com.  These conditions will be proposed to you and you must formally accept them before any use of these services or special situations.

Crosscom reserves the right to adapt the Disclaimer at any time, without prior notice, particularly in view of evolution in the law or jurisprudence. Insofar as possible, in the event of a substantial modification of the Disclaimer, information on this subject will be proposed on the Site.

In principle, the Site is accessible continually, except for interruption, scheduled or other, for maintenance or in the case of unforeseeable circumstances (force majeure). Crosscom can under no circumstances be held liable for damages, of any kind whatsoever, resulting from the non-availability of the Site.

Information proposed by the Site

Crosscom continually manages and adapts the Site in order to give visitors the most recent information on its products, services and activities.  The purpose of the Site is to inform visitors as well as possible.  If mistaken information is published, Crosscom will make every effort to correct it as soon as the error is discovered. Crosscom cannot be held liable for the accuracy or exhaustiveness of the information consulted on the Site.

Information published on the Site is of a general nature, and is not designed to respond to an individual need; it is not necessarily complete or up to date, and does not constitute professional advice or recommendations. Crosscom does not guarantee the legality of the information published or proposed by the Site.  The content of the Site (including the hyperlinks) can be adapted, modified or completed at any time without prior notice or communication of any kind.

The purpose of this site is purely informational, and no order or application for services will ever be finalized by simply visiting the Site.  Consequently, the site does not constitute a firm offer, and any commercial request will always be subject to your registration on the Site under the appropriate headings and the acceptance of Crosscom that need not justify its decision.  Confirmation from Crosscom will always be necessary.

Crosscom’s liability

Crosscom does not guarantee continual availability, without error or interruption, of all functions of the Site, nor the immediate repair of errors, nor the total absence of viruses or any other harmful elements on the Site or originating from the Site. Crosscom therefore cannot be held liable for any loss or damage (direct, consequential, material or intangible) incurred in relation with the use of the Site or the impossibility of using the Site. Crosscom refuses any liability in the event of inappropriate or fraudulent use of the information supplied on the site. 

Hyperlinks to other sites

Site can contain direct and indirect hyperlinks to other sites of institutions and private parties that are either related to Crosscom, or totally independent of Crosscom. Crosscom can under no circumstances be held liable for any content or privacy policy of any kind that may be part of a site to which the Site proposes a link.  The creation of hyperlinks to one or several other sites, including links established within these sites, in no way means that there is an association, partnership, membership or approval of any kind with the institution proposing these sites.

As soon as Crosscom becomes aware of any illegal content, or content not corresponding to the objective sought, on a site to which a link is identified by the Site, the hyperlink will be withdrawn from the Site, without this entailing any liability of Crosscom for the period during which the hyperlink was proposed on the Site.

Crosscom cannot be held liable for errors in the addresses of web sites or domain names given on the Site.

Intellectual property

The texts, photographs, page-make up, layout, slogans, illustrations and other elements appearing on the site www.emailr.com are protected by copyright.  The trade name emailR.com™, logos, drawings, slogans and databases are protected.  Any copy, adaptation, translation, arrangement, utilization or modification of all or part of the Site, in any form and by any means whatsoever is strictly prohibited without prior written authorization from Crosscom sprl. The users of the Site expressly undertake to fully comply with copyright belonging to Crosscom sprl or to third parties.  Crosscom reserves the right to take all measures that it considers adequate in order to prevent or terminate infringement of its copyright, without any incurring any liability as a result of these measures.

Crosscom only authorizes the visitor to copy, print and use the data on the Site, subject to the sole condition that these data are intended for the visitor’s information.

Privacy Policy

Liability of the visitor

By gaining access to the information proposed on the Site, you waive any complaint or recourse of any kind whatsoever against Crosscom concerning the use of the data or information made available to you on the Site. Crosscom can under no circumstances be held liable in the event of damage of any kind, be it consequential or fortuitous. Similarly, by gaining access to the information proposed by the Site, you accept to assume all risks inherent to the use of the Site and waive any claim against Crosscom, including the risk of damage caused to a computer, software or to data by a virus that may be transmitted or activated by the Site or by the fact that you have gained access to it. 

Collection of information

Like for every visit of a web site, the following information is collected in order to make statistics: your IP address, DNS address, navigator, screen resolution, Page preceding arrival on the site.

Cookies

When you contract online, a ‘cookie’ may be recorded on your hard disk (a small file sent by the Internet server which is recorded on the hard disk of your computer and keeps track of the Internet site visited and contains certain information on the visit that is accessible by that site only) during your visit to the Site.  Please note that you can refuse these cookies by programming your Internet navigator either to be informed of the existence of cookies, or to refuse them systematically.  This cookie facilitates navigation on the contract tool on our site. Please note that if you don’t accept this cookie, you’ll not be able to contract online.

Data collected and specification of purposes

We only collect your personal data if you voluntarily supply your data.  We can also collect information concerning you from other sources (public bodies or private organizations that process your personal data and have the right to transmit them to third parties).

The data we collect when you register on the Site is exclusively that which is needed to process your data for the purpose for which you have entrusted them to us.  No sensitive data is requested, nor collected by means of other databases.  You will be invited to fill in a form where certain fields must be filled in to enable us to supply the service requested.  Other fields are optional.  The optional fields are exclusively intended to let us contact you quickly if this proves necessary or to better identify your fields of interest in order to send you information corresponding to them.

Security of the Site

To ensure security of the Site, Crosscom will take all necessary reasonable measures and procedures given the state of the art in the field.  Certain zones of the Site can be reserved and subject to access procedures.  In the event of an attack of the Site, computer crime, or any other unauthorized attempt to gain access to all or part of the Site, Crosscom will use all legal means at its disposal to maintain the integrity of the Site and will do so in collaboration with the competent judicial and police authorities. 

Nullity of a clause

Any nullity, illegality or non-applicability of one or several clauses of the Disclaimer will not result in the nullity or non-applicability of the other clauses.  The provision that is totally or partially illegal, null or inapplicable will be deemed null and void, all other provisions remaining in application.  The provision declared null and void will then be replaced by another provision with the same effect.

Applicable Law and Jurisdiction

Your visit to the site implies your agreement with this Disclaimer, and therefore constitutes an on-line agreement; you accept that Belgian law governs any challenge or action pertaining to the Site and any data appearing on it. On consulting the Site, you recognize the jurisdiction of the courts of Brussels in french, Belgium, and you accept to launch proceedings before those courts only.