NetExpat TERMS and CONDITIONS

 

These Terms were last revised July 2016.

 

The Terms and Conditions were written in English. In case of conflict between this English version of the Terms and Conditions and any translation thereof in another language, the English version will prevail.

 

I. EXPLICIT CONSENT TO THE TERMS

A. Binding agreement between NetExpat and Users

NET EXPAT® S.A. (hereinafter “NetExpat” or “we” or “us”) and its associated websites and services including but not limited to: the NetExpat Community, PartnerJob Explorer, ExpAdviser, and expat and spousal coaching programs are the property of NET EXPAT® S.A., a company existing and incorporated under the laws of Belgium located at Avenue Louise 287, box 11, 1050 Brussels, Belgium and registered with the Crossroads Bank of Companies under number 463.397.902.

 

As a visitor, user, or member (“User”) of NetExpat’s current or future website(s) and/or of current or future related tools or other services provided or that may be provided from time to time by NetExpat such as, but not limited to: NetExpat coaching and consulting, the NetExpat Community, PartnerJob Explorer, ExpAdviser, and/or mobile applications or developer platforms (collectively, “Services”), the User explicitly agree to the terms, conditions and contractual commitments contained herein (the “Terms”), whether by applying, visiting or using NetExpat Services and/or by visiting and/or using its website(s) and/or by registering as a member and/or by using mobile applications and/or developer platforms and/or any other Services or tools rendered available, provided, to be provided from time to time or developed by NetExpat. By registering and/or accessing and/or using any NetExpat Services, the User enters into a legally binding agreement with NetExpat, confirms that s/he has fully read and understood the Terms and that s/he has the legal competence to conclude such an agreement, and agrees to be fully bound by the Terms.

 

The User expressly agrees that the NetExpat Privacy Policy, available on the following link and on the NetExpat and NetExpat Community websites is incorporated by reference and is fully part the Terms.

 

If you do not want to become a User and/or if you do not agree with all or part of the Terms, you are prohibited to join the NetExpat Community and/or to access, view, download or otherwise use the NetExpat Services.

 

B. Revisions

NetExpat may revise the Terms (including the NetExpat Privacy Policy) from time to time. The most current version of the Terms (and of the NetExpat Privacy Policy) will always be published on this website. Modified versions will take immediate effect. NetExpat, may if it deems appropriate, notify the User of modified versions via email. The User shall be bound by the most current version of the Terms by continuing to access or use the Services. NetExpat encourages the User to check the Terms (including the Privacy Policy) regularly.

 

 

II. PURPOSE

Capitalized terms shall have the following meaning:

A. “Relocating Partner” shall mean a spouse or partner in life, married or unmarried, of an Expat.

B. “Expat” shall mean an employee of the Expatriating Company who is or has been transferred abroad for a limited or unlimited period of time as part of his/her professional development and/or activities.

C. “Expatriating Company” or “Client” shall mean an entity or corporation (and the group of companies to which it pertains) acting on its behalf or on behalf of its subsidiaries which transfers one of its employees to work in a foreign country or hires a new employee to work in a foreign country.

 

The mission of NetExpat is to be the instrumental partner of international corporations in easing international mobility by addressing the assessment, training, and coaching needs of global employees and their families. In furtherance of this goal and in addressing the needs of its Clients and Users, NetExpat may offer some or all of the following Services (or other Services) as deemed appropriate by the Client and User:

  • Expat and Spousal assistance services including, but not limited to:

o    Career Continuation Coaching

o    Cultural Induction Training

o    Job Search Coaching

o    Orientation Coaching

o    Pre-Departure Coaching

o    Self-Employment Support

o    Social Integration Coaching

o    Successful Management in Cultural Diversity coaching

  • Partner Job Explorer, a high performance meta job-search engine
  • The NetExpat Community, a social media which connects Relocating Partners from all around the world by allowing them to:

o    Create profiles;

o    Message, chat, and otherwise interact with other Relocating Partners;

o    Join location- and interest-based groups;

o    Read blogs from NetExpat experts, consultants, and other Relocating Partners and/or create their own blog;

o    Register and attend in-person and online events about relocation issues.

  • The ExpAdviser, an online questionnaire designed to increases self-awareness and cultural knowledge.
  • Other Services as negotiated by NetExpat and its Clients.

 

 

III. PRIVACY

NetExpat’s Privacy Policy, which is available on the following xxxlink, and on the NetExpat and NetExpat Community websites, governs amongst other things the collection and use of the User’s information, and is also applicable to any information that is provided to NetExpat.

 

The User shall comply with NetExpat’s Privacy Policy.

 

The User further understands and accepts that through the use of NetExpat Services s/he consents to the collection and use of the User’s information, including the transfer of this information to other countries for storage, processing and/or use by NetExpat.

 

In order to provide Services to the User in an efficient way and/or to keep the User informed of Services and/or other related issues, the User expressly authorizes NetExpat to provide him/her with certain communications, such as service announcements, administrative messages etc. and to access and use for the purposes thereof the information provided by the User or Client. Such communications are considered part of NetExpat Services. The Use may or may not be able to opt-out from receiving these communications. If the User does not want to receive such any communications, s/he should not conclude this agreement and should refrain from using any NetExpat Services.

 

 

IV. CONTENT

The User retains his/her rights to any content s/he submits, posts or otherwise renders available on or through NetExpat Services, including the NetExpat Community.

 

The User agrees that s/he is exclusively responsible for any content (whether publicly or privately transmitted) s/he posts or provides via NetExpat Services and for any consequences thereof, including the use of his/her content by other Users and/or non-Users and/or third parties. NetExpat has no duty to monitor or control the contents submitted, posted or otherwise rendered available on or through the NetExpat Community. NetExpat cannot take any responsibility whatsoever for such content. Any use or reliance on any content or material submitted, posted or otherwise rendered available on or through the NetExpat Community and/or obtained by the User is at the User’s own risk and under his/her own responsibility.

 

The User is also exclusively responsible for his/her use of NetExpat Services and specifically recognizes that s/he will refrain from holding NetExpat responsible therefore (either directly or indirectly).

 

The User is informed that all the content the User submits, posts or otherwise renders available on the NetExpat Community can be viewed by other Users of NetExpat Services in accordance with the Privacy Policy, as well as by third parties rendering services via NetExpat.

 

NetExpat does not endorse, support, represent or guarantee, either directly or indirectly, the completeness, truthfulness, accuracy, or reliability of any content or communications submitted, posted or otherwise rendered available on or through the NetExpat Community. The User explicitly declares that s/he understands and accepts that by accessing and/or otherwise using the NetExpat Community, s/he may be exposed to content that might be offensive, harmful, inaccurate, mislabeled, misleading, deceptive or otherwise inappropriate. Under no circumstances will NetExpat be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content submitted, posted or otherwise rendered available on or through the NetExpat Community or elsewhere.

 

If NetExpat is to be informed about any misconduct as described, NetExpat may take appropriate measures up to including banning the infringing User from the NetExpat Community or other Services, or reporting to appropriate authorities in case of illegal or criminal behavior.

 

The use of usernames, logins, passwords and/or other login data is the exclusive responsibility of the User who agrees and commits to maintain such information and data strictly confidential and secure. The User is explicitly recommended and asked to use strong passwords, and at a minimum create a password that uses a combination of upper and lower case letters, numbers and symbols in at least six positions. In the event of a breach or abuse of any of the above data or information, the User shall immediately inform NetExpat thereof by sending NetExpat an e-mail detailing the said breach or abuse to the following address: .

 

 

V. SPECIFIC COMMITMENTS, REPRESENTATIONS AND OBLIGATIONS – CODE OF CONDUCT

In addition to any other duties, commitments, obligations, representations, warranties and/or declarations contained in the Terms or directly or indirectly resulting thereof, the User (without limitation):

  1. Shall comply with all applicable laws and with the Terms as amended from time to time, as well as with the NetExpat policies, including the NetExpat Privacy Policy, and processes which may be contained in this website, which includes (without limitation whatsoever) the commitment not to infringe any intellectual property rights or privacy protection laws, civil or criminal laws, or any other national or international laws, regulations or rules.
  2. Shall only register as a User on the NetExpat Community insofar that s/he is a Relocating Partner of an Expat working for an Expatriating Company, it being understood however that the User may remain a User of the NetExpat Community if at a given time the User ceases to be a Relocating Partner of an Expat working for an Expatriating Company.
  3. Shall always provide correct, accurate and true information. User shall keep his/her NetExpat Personal Data fully accurate and updated.
  4. Shall not post any unnecessary personal information (home address, social security number) on the NetExpat Community. To the extent the User posts such information, NetExpat is not responsible for any consequence.
  5. Represents and warrants that s/he owns the information s/he provides NetExpat, including content posted to the NetExpat Community. The User understands s/he may delete information posted to the NetExpat Community but the content may be stored in accordance with the NeExpat Privacy Policy.
  6. Declares and accepts that by providing information or content to NetExpat, including the NetExpat Community, the User represents and warrants that s/he is entitled to submit the information and that the information is not confidential and not in violation of any contractual restrictions or other third party rights of any nature.
  7. Accepts that by submitting, posting or rendering available in any other manner whatsoever content on or through the NetExpat Services, including the NetExpat Community, s/he grants NetExpat a worldwide non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
  8. Declares, represents and warrants that s/he is 18 years of age or older, and that s/he has full power and authority to enter into this agreement and that doing so will not violate any other agreement to which s/he is a party.
  9. Declares, represents and warrants that s/he is not currently restricted from NetExpat Services or otherwise prohibited from having a NetExpat account.
  10. Declares, represents and warrants that s/he is not a competitor of NetExpat and is and will not use NetExpat Services for reasons or purposes that are in competition with NetExpat. The User also shall cease the use of the Services if s/he becomes a competitor of NetExpat.
  11. Agrees to maintain only one NetExpat account at any given time.
  12. Shall not violate any rights of NetExpat including but not limited to, intellectual property rights such as copyright or trademark rights.
  13. Shall keep his/her password(s) fully secure and strictly confidential.
  14. Shall not permit or enable other Users or non-Users to access the User’s account.
  15. Shall refrain from accessing other Users’ accounts.
  16. Shall only use his/her real name in communications.
  17. Shall refrain from any commercial activity.
  18. Shall refrain from selling, trading, or otherwise transferring his/her NetExpat account(s) to another party.
  19. Shall refrain from charging anyone for access to any portion of NetExpat, or any information therein.
  20. Shall indemnify NetExpat and hold NetExpat harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (i) User’s failure to comply with the Terms, including, without limitation, User’s submission of content that violates other Users’ or non-Users’ rights or, more generally that violates third party rights (including, without any limitation whatsoever, intellectual property and data protection rights) or applicable laws, (ii) any content User submits to the Services, and (iii) any activity in which the User engages in or through NetExpat .
  21. Shall immediately notify NetExpat of acts contrary to the Terms, including (without limitation) to report Users who are involved in illegal activities or are not complying with the requirement not to use inappropriate language.
  22. Shall, in the event that the User believes that s/he is entitled or obligated to act contrary to these Terms under any mandatory law, provide NetExpat with detailed and substantiated explanation of his/her reasons in writing at least thirty (30) days before s/he acts contrary to this Terms, to allow NetExpat to assess whether NetExpat may, at its sole discretion, provide an alternative remedy for the situation.
  23. Accepts and agrees that for the purposes of service messages and notices about the Services to the User, NetExpat may opt for using the User’s email address associated with the User’s account.
  24. Shall strictly comply with export and re-export control laws and regulations, to the extent applicable, taken into account that the use of the Services, including NetExpat software, could be subject to such laws and regulations.
  25. Shall review and comply with notices sent by NetExpat concerning its Services.
  26. Shall refrain from uploading any illegal content as, but not limited to, pornography of any nature, racist- or discriminating text, or -images, clearly insulting texts, other data that is considered of illegal or criminal nature, as well as technical data that is destructive to the site or content of the site such as viruses, logic bombs or Trojan horses.
  27. Shall use the Services in a respectful manner.
  28. Shall expressly refrain from acting dishonestly or disrespectfully, including, but not limited posting offensive, inaccurate, or otherwise objectionable or inappropriate content.
  29. Shall expressly refrain from duplicating, licensing, sub-licensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on NetExpat’s websites (excluding content posted by the User) except as permitted in this Terms or as expressly and previously authorized in writing NetExpat.
  30. Shall expressly refrain from reversing, engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide NetExpat Services, or any part thereof.
  31. Shall expressly refrain from including information in his/her profile or elsewhere, except in designated fields, that reveals the User’s identity or sensitive personal information such as an email address, phone number or address or is confidential in nature.
  32. Shall expressly refrain from creating a User profile for anyone other than the User.
  33. Shall expressly refrain from using information, content or any data the User views on and/or obtains from NetExpat to provide any service that is competitive, in NetExpat’s sole discretion, with NetExpat.
  34. Shall expressly refrain from implying or stating, directly or indirectly, that s/he is affiliated with or endorsed by NetExpat unless the User has entered into a written agreement with NetExpat
  35. Shall expressly refrain from adapting, modifying or creating derivative works based on NetExpat or technology underlying its Services, or other Users’ content, in whole or in part, except as permitted by NetExpat.
  36. Shall expressly refrain from renting, leasing, loaning, trading, sell/re-selling access to NetExpat’s websites or any information therein, or the equivalent, in whole or part;
  37. Shall expressly refrain from Deep-linking to the site for any purpose, (i.e. including a link to a NetExpat web page other than NetExpat’s home page) unless expressly authorized in writing by NetExpat or for the purpose of promoting his/her profile or a group on the NetExpat Community.
  38. Shall expressly refrain from using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site.
  39. Shall expressly refrain from using bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through NetExpat sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services.
  40. Shall expressly refrain from accessing, via automated or manual means or processes, NetExpat’s websites for purposes of monitoring its availability, performance or functionality or for any competitive purpose.
  41. Shall expressly refrain from engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function NetExpat’s websites.
  42. Shall expressly refrain from attempting to or actually accessing NetExpat by any means other than through the interfaces provided by NetExpat.
  43. Shall expressly refrain from attempt to or actually overriding any security component included in or underlying NetExpat.
  44. Shall expressly refrain from engaging in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on NetExpat’s infrastructure, including, but not limited to, unsolicited communications to other Users or NetExpat personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
  45. Shall expressly refrain from removing any copyright, trademark or other proprietary rights notices contained in or on NetExpat, including those of both NetExpat and any of its licensors.
  46. Shall expressly refrain from removing, covering or otherwise obscuring any form of advertisement included on NetExpat.
  47. Shall expressly refrain from harassing, abusing or harming another person, including sending unwelcomed communications to others using NetExpat Services.
  48. Shall expressly refrain from collecting, using or transferring any information, including, but not limited to, personally identifiable information obtained from NetExpat except as expressly permitted in this agreement or as the owner of such information may expressly permit.
  49. Shall expressly refrain from sharing information of non-Users or other Users without their express consent.
  50. Shall expressly refrain from interfering with or disrupting NetExpat Services and other operations, including, but not limited to, any servers or networks connected to NetExpat websites.
  51. Shall expressly refrain from using or attempting to use another personal account, or create a false identity on NetExpat’s websites.
  52. Shall expressly refrain from infringing or using NetExpat’s brand, logos and/or trademarks, including, without limitation, using the word “NetExpat” in any business name, email, or URL or including NetExpat’s trademarks and logos except if expressly permitted by NetExpat.
  53. Shall expressly refrain from uploading, posting, emailing, InMailing, transmitting or otherwise making available or initiate any content that:

A. Falsely states, impersonates or otherwise misrepresents his/her identity, including, but not limited to, the use of a pseudonym, or misrepresenting his/her current or previous positions and qualifications, or his/her affiliations with a person or entity, past or present;

B. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

C. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by NetExpat);

D. Includes information that the User does not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

E. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

F. Includes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. This prohibition includes, but is not limited to, using NetExpat invitations to send messages to people who don’t know the User or who are unlikely to recognize him/her as a known contact; using the Services to connect to people who don’t know the User and then sending unsolicited promotional messages to those direct connections without their permission; and sending messages to distribution lists, newsgroup aliases, or group aliases;

G. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of NetExpat or any User of NetExpat;

H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;

  54. Shall expressly refrain from mentioning and/or naming and/or commenting on the Expatriating Companies.
  55. Shall expressly refrain from participating, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are unethical, illegal or culturally or religiously unacceptable
  56. Undertakes not to use the Services for commercial purposes without the prior, express and written authorization of NetExpat
  57. Agrees to not undertake any other behavior that NetExpat deems (in its sole discretion) contrary to its purpose.
  58. Expressly accepts that it is strictly prohibited to misuse the Services in any other manner whatsoever.

 

 

VI. TERMINATION.

NetExpat is at liberty to cancel at any time and in its sole discretion (for any or no reason), without having to provide any reasom, the membership of a User and/or the access to and/or use of the Services by a User.

 

NetExpat may also at any time and in its sole discretion (for any or no reason), and without having to provide any reason, cease to provide one or all of the Services.

 

Termination of a User’s NetExpat account includes (without limitation) disabling his/her access to NetExpat and barring the User from any future use of NetExpat Services. Upon the termination of a NetExpat account, the relevant User loses his/her access to the Services. In addition, NetExpat may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The Terms shall survive the termination with the exception of those provisions that are only relevant prior to a termination.

 

The User may also terminate his/her agreement with NetExpat for any or no reason, at any time, with notice to NetExpat. This notice will be effective upon NetExpat processing such notice.

 

 

VII. TRADEMARKS, COPYRIGHT AND OTHER RIGHTS OF NET EXPAT®

NET EXPAT® (and all derivatives and related intellectual preoprty including but not limited to “NetExpat”; “NetExpat Community”; “PartnerJob Explorer” and “ExpAdviser”) is a registered trademark.

 

All text, pictures, images, drawings and graphics on this website, other than the contents posted by Users, are copyrighted NetExpat. The User can print them for private use only. Any other usage whatsoever requires prior and written permission from NetExpat.

 

All rights, title and interest in and to the Services (other than the content posted by a User) are, and will remain, the exclusive property of NetExpat and its licensors.

 

Nothing in the Terms gives a User the right to use the NetExpat name or any of the Netexpat trademarks, logos, domain names and other brand features without the prior written approval of NetExpat.

 

The User specifically agrees that (i) any feedback, comments or suggestions the User may provide NetExpat (either directly or indirectly through another User or person) regarding NetExpat or the Services is entirely voluntary and (ii) NetExpat will be free to use such feedback, comments or suggestions as NetExpat sees fit and without any obligation whatsoever (financial or of any other kind whatsoever) to the User.

 

 

VIII. INTELLECTUAL PROPERTY POLICY

NetExpat is committed to respecting the intellectual property rights of others. Users shall at all times and under all circumstances strictly respect the intellectual property rights of others.

 

NetExpat will respond to notices of alleged intellectual property infringements that comply with applicable law and are properly provided to us, in accordance with the provisions of these Terms.

 

If a User believes that his/her content has been copied in a way that constitutes an intellectual property infringement, such User should immediately notify NetExpat thereof, by sending an e-mail detailing such infringement to the following email address: .

 

NetExpat may take appropriate measures by confirming the infringements and removing them and/or refer to civil or penal actions within the appropriate resort.

 

In no event shall NetExpat be responsible for intellectual property infringements of any kind whatsoever resulting from the content posted by a User, and the User specifically commits to fully hold NetExpat harmless therefore.

 

 

IX. LINKS

The User understands and accepts that NetExpat Services, including on the NetExpat Community, may contain links to third-party websites or to other resources. The User acknowledges and agrees that NetExpat (i) is not responsible or liable in any manner whatsoever for the availability or accuracy of such websites or other resources or for the content, products or services on, or available from, such websites or other resources, and/or (ii) does not endorse in any manner such websites or their contents, products or services.

The User acknowledges and accepts sole and exclusive responsibility for and assumes all risks arising from his/her use of any such websites or other resources.

 

 

X. MOBILE APPLICATIONS

NetExpat may offer the Services through mobile applications created by NetExpat or by third parties. If the User uses the Services through a mobile device, s/he agrees that information about his/her use of the Services through such mobile device and carrier may be communicated to NetExpat including, but not limited to, a mobile carrier, a mobile device, or the physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through such mobile device. By accessing the Services using a mobile device, the User represents that, to the extent s/he imports any of his/her NetExpat data to his/her mobile device, that s/he has authority to share the transferred data with his/her mobile carrier or other access provider. In the event the User changes or deactivates his/her mobile account, the User must promptly update his/her NetExpat account information to ensure that his/her messages are not sent to the person that acquires his/her old number and failure to do so is his/her sole responsibility. The User acknowledges s/he is solely responsible for all charges and necessary permissions related to accessing NET EXPAT® through his/her mobile access provider. Therefore, the User should check with his/her provider to find out if the Services are available and the terms for these services for his/her specific mobile devices. The User, by using any downloadable application to enable his/her use of the Services, is explicitly confirming his/her acceptance of the terms of the end user license agreement associated with the application provided at download or installation, or as may be updated from time to time.

 

 

XI. DISCLAIMER

The User is aware, accepts, and agrees that s/he should not rely on the NetExpat Community content, nor on any information contained therein or resulting thereof, nor on the continuation of the website and/or NetExpat Services. NetExpatcannot be held responsible or liable for any legal or other action or activity by the User or refraining from those. NetExpat provides the Services and all information contained therein on an ‘as is” and ‘as available’ basis.

 

To the fullest extent permissible under applicable law, NetExpat disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. If the User is dissatisfied or harmed by NetExpat Services in general or by anything in direct or indirect relation therewith, the User may and should close his/her account and terminate this agreement it being understood that such termination shall be the sole and exclusive remedy of the User.

 

NetExpat shall not be responsible and makes no representation or warranties for the delivery of any messages or other communications under whatever form sent through its website. Also, NetExpat neither warrants nor represents that the use by the User of the Services will not infringe the rights of third parties. Any material service, or technology described or used on the website may be subject to intellectual property rights owned by third parties, who have licensed such material to NetExpat.

 

NetExpat does not have any obligation to verify the identity of the persons subscribing to or otherwise applying on, using or accessing its services, nor does it have any obligation to monitor the use of its Services by other Users. NetExpat disclaims all liability for identity theft or any other misuse of the User’s identity or information.

 

NetExpat does not guarantee that the Services will function without interruption or errors in functioning. For example (without limitation whatsoever), the Services may be interrupted due to maintenance, updates, system or network failures or for whatever other reasons whatsoever, including the decision of NetExpat to changes or discontinue Services with immediate effect.

 

NetExpat disclaims all liability for damages caused by any such interruption or errors in functioning or caused by the voluntary discontinuance of its Services. Furthermore, NetExpat disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions to its websites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, or even simple internal errors within the organization of NetExpat and for any other reasons whatsoever.

 

More generally, NetExpat disclaims all responsibility or liability, of any kind whatsoever, for any and each content directly or indirectly posted by the Users and/or by persons unlawfully accessing NetExpat’s system.

 

 

XII. LIMITATION OF LIABILITY

To the fullest extent permitted by all applicable laws, neither NetExpat nor any of its subsidiaries, affiliated companies, employees, agents, partners, licensors, shareholders or directors shall be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible or tangible losses, resulting from, without limitation: (i) the User’s access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any content obtained from the Services and/or (iv) unauthorized access, use or alteration of the Users transmissions or content; whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not NET EXPAT® has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

 

XIII. WAIVER AND SEVERABILITY

The failure of NetExpat to enforce any rights or provisions of the Terms will not be deemed a waiver of such rights or provisions.

 

In the event that any provision of the Terms is held to be invalid or unenforceable, the remaining provisions of the Terms will remain in full force and effect.

 

 

XIV. ASSIGNMENT

The User may not assign or delegate any rights or obligations under the Terms to any other person and it is explicitly specified that any such assignment and/or delegation shall be ineffective.

 

NetExpat may on the other hand freely assign or delegate all or part of its rights and obligations under the Terms and this, without prior authorization from, or notice to, the User. NetExpat may also substitute, by way of unilateral novation, effective upon notice to the User (without need of a prior approval of User), NetExpat for any third party that assumes NetExpat’s rights and obligations under the Terms.

 

 

XV. ENTIRE AGREEMENT

The Terms supersede and replace any prior agreement between NetExpat and the User and are the entire and exclusive agreement between NetExpat and the User regarding NetExpat Services, except with regard to any Services for which the User has entered into a separate agreement with NetExpat and which is in addition or in place of the Terms.

 

Other than members of the group of companies of which NetExpat is part, no other person or company will be a third party beneficiary to the Terms, except if NetExpat notifies the User thereof.

 

 

XVI. TERRITORIAL USE

The User expressly commits to use the Services only in compliance with the Terms and all applicable local, state, national and international laws, regulations and other applicable rules.

 

The use of NetExpat Services, including the NetExpat Community, is prohibited in countries where any part of the Terms is invalid according to local law, without leading to the entire or partial invalidity of the agreement between NetExpat and the User.

 

It is hence the obligation (and exclusive and sole responsibility) of the User not to enter into this agreement, not to become a User and not to join the network and/or access, view, download or otherwise use the Services, if local law prohibits the use of the Services and/or if local law leads to the entire or partial invalidity of the Terms.

 

 

XVII. APPLICABLE LAW AND JURISDICTION

The use of the Services shall exclusively be governed by the laws of Belgium, to the (explicitly and irrevocably agreed) exclusion of the provisions on the conflict of laws.

 

In case of dispute directly or indirectly in connection with the use of the Services, the courts located within the Judicial District of Brussels will have exclusive jurisdiction.

 

As a result of the above, even in the event that the laws of another country, including but not limited to, data protection regulations would be applicable, they will only be so to the extent such application is unavoidable. Similarly, even if a court located in another country has, as a direct and unavoidable result of local legislation or regulations, jurisdiction notwithstanding this expressly agreed upon jurisdiction clause, such jurisdiction will then be limited to the strictly necessary, all other aspects of the dispute in relation therewith (for example aspects regarding damages) being of the exclusive jurisdiction of the courts located within the Judicial District of Brussels.

 

 

XVIII. REPORT OF ABUSE, COMPLAINTS, NOTICES AND SERVICE OF PROCESS.

A. NetExpat

The User expressly and irrevocably authorizes NetExpat to communicate with the User via postings on the website and/or on the User’s email address, and/or the User’s other contact information of record regarding any aspect of NetExpat Services, complaints, reports of abuse, and other notices. The User can update and correct contact information at any time by emailing .

B. User

Except if stated otherwise in the Terms, the User must, for the purposes of complaints or reports of abuse, contact NetExpat via email at the following address or by registered letter with acknowledgment receipt to the following address (except in the event that the complaint takes the form of a formal written notice or service of process):

NET EXPAT SA

287 avenue Louise/Louizalaan, box 11

1050 Brussels - Belgium

The attention of the User is drawn on the fact that NetExpat only and exclusively accepts to receive formal notices and service of process at the following address:

NET EXPAT SA

287 avenue Louise/Louizalaan, box 11

1050 Brussels - Belgium

Any notices and/or service of process dispatched otherwise than provided for in this section shall have no legal effect whatsoever.

 

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