Terms of use

TERMS OF USE PAINTER SEEKS PAINTER

1. INTRODUCTION

1. These terms of use apply to www.schilderzoektschilder.be (hereinafter referred to as the "Website"). By using this Website, the user undertakes to comply with and accept these terms of use.
2. This Website is created and managed by BOSS PAINTS NV, with registered office in 8791 Waregem, Nijverheidstraat 81 and company number 0425.180.692 (hereinafter "BOSS PAINTS").
3. Access to and use of the Website is free, without prejudice to the possibility for BOSS PAINTS to:
    
   • to grant access only to users who correctly and fully identify themselves;
   • to link access to a personal, confidential and non-transferable password;
   • to offer the use of certain services and the publication of certain content in return for payment or under specific conditions.
      
4. The User of the Website undertakes to comply with and accept these Terms of Use.  If you do not wish to be bound by these terms of use, please do not use the Website.

2. DEFINITIONS

The following definitions apply to these terms of use:

• Website: The Website of BOSS PAINTS www.painterfindspainter.be.
• Order: A description of work or service placed on the Website by a Client.
• Price proposal: A non-binding price indication for the execution of a work or the provision of a service, as described in an Assignment.
• User(s): All visitors to the Website, whether registered or not.
• Client(s): All Users who register via the Website in order to publish an Assignment.
• Professional(s): All Users who register via the Website in order to communicate a Price Proposal relating to an Assignment.

3. PURPOSE

1. The Website is a platform where supply and demand in the painting market are united, whereby Clients can find good Craftsmen and whereby Craftsmen can offer their services.
2. The Website offers a portal for searching for suitable profiles, where Users can identify each other, formulate an Assignment, or make a Price Proposal.
3. The Users of the Website can register as (i) Professionals, whereby they can offer their services and respond to Assignments and/or as (ii) Clients, whereby they can request services by placing an Assignment on the Website and respond to Price Proposals.
4. The Users agree that their identity data may be shared with other Users. The PRIVACY STATEMENT is part of these Terms of Use and must be respected by all Users.

4. REVIEWS

1. The Website may provide the possibility for Users to rate each other by assigning a score. The score is determined on the basis of standardized questions that are incorporated in the Website.
2. The Website may provide the possibility for Users to post comments to the profile of a User.
3. The User undertakes to give a score, assessment or comment in as objective a manner as possible, and only after the Client and the Professional have worked together.
4. The User is aware of the fact that a score, assessment or comment may be negative.
5. BOSS PAINTS has the right at all times to adjust or remove a score, review or comment, or to remove a profile of a User from the Website, for example if any dispute arises between Users.

5. USER OBLIGATIONS AND CODE OF CONDUCT

1. Only adult and legally capable Users may use the Website.
2. The User of the Website is solely responsible for his/her username, password and any accuracy of data provided.
3. A user name and password are unique and cannot be transferred. The User is solely liable for any activity carried out under his user name and password.
4. The User undertakes to use the Website solely for the purpose for which it is intended and in accordance with these Terms and Conditions of Use.
5. The User agrees to only formulate an Order or to make a Price proposal for work or services that will actually take place.
6. The User undertakes not to use the Site solely to obtain price information from third parties, to benchmark prices or for any other inadmissible reason.
7. The User undertakes to:
   1. Only communicate correct, complete and current information on the Website;
   2. Remain objective, courteous and polite at all times in any communication, public or private, between Users;
   3. If an image is used, to only use a correct image of the User in question;
   4. Not to post information or files that are not appropriate or relevant;
   5. Not to violate any legal provisions including fair trade practices, intellectual property rights, privacy rights, social security, tax and parafiscal obligations, etc;
   6. Not to share through the Website any misleading, defamatory, threatening, illegal, indecent, racist, discriminatory, derogatory, pornographic or information contrary to public order and morality;
   7. Not to use the Website to manipulate scores, ratings and comments;
   8. Use the Website and its content in any unlawful, illegal way;
   9. Not to use the Website as a pure marketing channel without any interest in the purpose for which the Website is intended;
   10. Not to use the Website in any way that damages, distorts, interrupts, stops or makes less efficient the Website or its contents;
   11. To make any use of the Website which damages the good name or reputation of BOSS PAINTS or its affiliated companies or partners;
   12. Not to use the Website for the transmission or posting of computer viruses, the transmission or posting of illegal or illicit material.

6. TRANSACTION

1. The Client is solely responsible for the Order that he formulates and communicates on the Website.
2. The Professional is solely responsible for the Proposal that he/she makes and communicates on the Website.
3. The Users of the Website are responsible for evaluating and determining the suitability of an Assignment or a User. When Users decide to enter into a contractual relationship, the agreement is concluded directly between the Users concerned.
4. When the Client and the Professional agree to work together HOW IT WORKS, they are jointly responsible for the manner of cooperation, the modalities and execution. The Users alone are responsible for fulfilling their obligations.
5. BOSS PAINTS is not a party to the contractual relationship between the Users. BOSS PAINTS does not act in any way for or on behalf of any of the Parties.

7. VIRTUAL PLATFORM

1. The BOSS PAINTS Website is exclusively a platform for the virtual exchange of Orders and Price Proposals.
2. BOSS PAINTS:
   1. Is not an agent, reseller, intermediary, employment agency, outplacement office, intermediary party for employment in any transaction between the Users;
   2. Does not verify the data, accuracy or capacity of the Users;
   3. Does not verify the data, accuracy and quality of the Assignments and Price Proposals;
   4. Make no enquiry as to the technical competence, suitability or experience of the Users;
   5. Make no enquiry into the solvency or financial situation of the Users;
   6. Does not itself assess the quality of the work or services provided;
   7. Is not responsible for any scores, assessments or comments;
   8. Does not guarantee the execution of the work and whether all legal requirements have been met during the negotiation or execution;
   9. Is not responsible for any disclosure of information provided by one User to another User;
   10. Is not responsible for the way the Client and the Tradesman arrange payments or any fraudulent practices resulting from the transaction.
3. Without limitation, the Users of the Website are solely responsible for: i) determining the suitability of Users for an Assignment; ii) determining the terms of the agreement (including, without being exhaustive, the time, place, manner, means, type of services, price and pricing); iii) negotiating, agreeing and executing the terms of the agreement; iv) performing the services; v) and paying for the services.
4. The User of the Website accepts that the use of the Website is exclusively at his/her own risk.
5. The User of the Website undertakes to indemnify BOSS PAINTS against any legal action that another User may bring as a result of a dispute regarding the conclusion, interpretation and execution of any agreement entered into between the Users.

8. LIABILITY BOSS PAINTS

1. BOSS PAINTS applies reasonable security measures to protect the Website. Nevertheless, the User should be aware that security measures are not infallible. Therefore, BOSS PAINTS cannot guarantee the absence of viruses, malicious software, worms or any other form of contamination (phishing, pharming, Trojan horses, etc.) on the Website. As host of the Website, BOSS PAINTS only has an obligation of means.
2. BOSS PAINTS WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM INTERFERENCES, OMISSIONS, INTERRUPTIONS, VIRUSES OR INTERRUPTIONS IN THE FUNCTIONING OF THE INTERNET OR THE WEBSITE.
3. BOSS PAINTS cannot guarantee the identity of the Website's Users and cannot under any circumstances be held liable in this respect.
4. The content offered through the Website and shared between Users may contain imperfections of all kinds. BOSS PAINTS does not guarantee the suitability, reliability or accuracy of the content. Access to the Website is therefore provided without any form of guarantee.
5. The Website includes content posted by Users over which BOSS PAINTS has no control. BOSS PAINTS is in no way liable for the content of Users and its use. The posting of content on the Website does not imply in any way an implicit approval of the content.
6. The Website may contain links to websites or web pages of third parties and other parties, or otherwise refer to them. BOSS PAINTS has no control over the content or other characteristics of those websites or web pages and is in no way liable for their content, quality or accuracy.
7. BOSS PAINTS does not intervene in any way in agreements or transactions entered into by Users with each other, or in communications between Users. Contractual relationships are concluded exclusively between the Users. Under no circumstances will BOSS PAINTS be a party to any disputes arising from the conclusion, content or performance of an agreement between Users of the Website.
8. BOSS PAINTS IS NOT LIABLE FOR ANY DAMAGE, WHETHER CONTRACTUAL OR EXTRA-CONTRACTUAL, CIVIL OR CRIMINAL, THAT MAY ARISE FROM THE USE OF THE WEBSITE BY USERS, FROM ANY TRANSACTIONS THAT THEY MAY ENTER INTO OR FROM ANY WORK OR SERVICES THAT THEY MAY PERFORM. 
9. BOSS PAINTS shall not be liable in any way for any scores, ratings, comments or removal of users from the Website. Neither shall BOSS PAINTS be liable for any damage (such as damage to reputation, loss of business, loss of opportunity, etc.) arising from this.
10. Should Users still involve BOSS PAINTS in a dispute, judicial or extrajudicial procedure or in indemnification, they will be responsible for any costs or fees incurred by BOSS PAINTS.

9. COMPLAINTS

1. If a User has a complaint about the Website or its use, he should address it to BOSS PAINTS at the following e-mail address and substantiate the complaint sufficiently: service.clientele@boss.be.
2. There is no obligation on BOSS PAINTS to settle any complaints within a certain period of time or to intervene in a dispute between Users. BOSS PAINTS will make a best effort to answer complaints.
3. Any use that BOSS PAINTS considers inadmissible or incompatible with the purpose of the Website or the Terms of Use will be reported to the User by BOSS PAINTS and may result in the removal of the User from the Website.
4. If a User does not agree with a score, rating or comment, the User may remove his profile from the Website entirely.

10. INTELLECTUAL PROPERTY RIGHTS

1. All contents of the Website (including but not limited to illustrations, texts, technical specifications, instructions, manuals, press releases, drawings, images, photographs, renders, videos, data, names, brands, logos, registered and unregistered models and other files found on the Website) are protected by intellectual rights and belong to BOSS PAINTS, unless explicitly stated otherwise.
2. The User may only use the structure and content of the Website within the framework of the purpose of the Website. Any form of reproduction, adaptation, translation or communication of any works protected by copyright is prohibited.
3. Any extraction of any re-use of the entire contents of the Website or any data found on the Website is prohibited. Repeated and systematic extraction, scrapping or any kind of software copying of data from the Website is inconsistent with the normal use of the Website and harms the legitimate interests of BOSS PAINTS.
4. The User who, without prior written consent, copies the content of the Website is guilty of the crime of counterfeiting and piracy, which is punishable by imprisonment and a fine.
5. The User acknowledges and agrees to pay a fine of 5,000 EUR for each infringement of BOSS PAINTS' intellectual rights. This is without prejudice to BOSS PAINTS' ability to avail itself of all remedies, including and not limited to provisional measures, the cease-and-desist order, summary proceedings, infringement claims and the claim for compensation on the merits.

11. INTERRUPTION AND TERMINATION OF USE

1. BOSS PAINTS reserves the right to interrupt, at any time and without notice, access to the Website for maintenance purposes or to update or improve it.
2. BOSS PAINTS reserves the right to modify or delete the content of the Website at any time and without prior notice.

12. LINKS

1. The establishment of hyperlinks or deep links to the Website or the creation of any interface to the Website is only permitted with the prior written consent of BOSS PAINTS.
2. The use of the content of the Website in third-party databases (e.g. by in-line linking, framing or any other means) is prohibited. Scraping or repeated automated visits to the Website for the purpose of copying or reproducing content, collecting data or determining modifications is not permitted.

13. COMMENTS AND COMMUNICATION

1. Information which the user provides to BOSS PAINTS in the context of using the Website (by post, e-mail or other means) will not be regarded as confidential.
2. BOSS PAINTS IS NOT OBLIGED TO TREAT THIS INFORMATION AS CONFIDENTIAL, NOR WILL BOSS PAINTS BE LIABLE FOR ITS USE OR DISCLOSURE.

14. PERSONAL DATA

1. BOSS PAINTS respects the privacy of the Website users.
2. By registering on the Website, Users accept that personal data will be disclosed on the Website.
3. The PRIVACY STATEMENT, which is an integral part of these Terms of Use, applies in full and the User confirms having read it before creating his profile on the Website.

15. COOKIES

1. The Website uses cookies (a file that is downloaded onto the User's computer, smartphone or tablet when visiting the Website in order to store and retrieve information).
2. All information about the cookies used can be found in the COOKIE POLICY.

16. APPLICABLE LAW AND JURISDICTION

1. The Website and these Terms of Use are governed by Belgian law.
2. In case of disputes, only the Company Court of Ghent (Belgium) has jurisdiction.