Terms of Use
1. Introduction
This website is operated by Akson & Partners bv. The terms “we”, “us”, and “our” refer to Akson & Partners bv. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website and application(s), including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content or our mobile App users. If you access and use our website or application, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website or application, use any of our website’s services or place an order on our website.
2. Use of our Website
You agree to use our website and application for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website or application to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website and application, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website or application. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
4. Products or Services
All orders or purchases through our website are subject to service availability. We may, in our sole discretion, limit or cancel the services offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our services are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Euro.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the data transitioning on our website and database. We have made efforts to ensure the data is as accurately as possible on our website and database.
5. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
6. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website and application. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website or service that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website or APP and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
7. Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
8. Errors and Omissions
Please note that our website or application may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to service description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
9. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website and services, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website and application, including without limitation, all content and materials, and functions and services provided on our website and application, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or application or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website and services is at your sole risk and you assume full responsibility for any costs associated with your use of our website and application. We will not be liable for any damages of any kind related to the use of our website or services.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website and application or the content or material or functionality through our website or application, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
10. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website and services, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
11. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
13. Headings
Any headings and titles herein are for convenience only.
14. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Antwerp (BE) without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Antwerp (BE) in the City of Antwerp (BE).
Antwerp (BE) and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
16. Questions or Concerns
Please send all questions, comments and feedback to us at info @ availableornot.com.
PRIVACY POLICY
As soon as you register in our mobile APP, our website AvailableOrNot or contact us, we receive information about you. In this privacy statement we explain what we do with that information. We always handle your information with care and store it securely. If you have any questions or want to know what information we have on you, please contact us. We may amend this privacy statement if necessary. We recommend that you regularly revisite this privacy statement so that you are aware of these changes. This privacy statement was last modified on 11 October 2023.
1. When do you apply this privacy statement?
This privacy statement applies to all personal data that we process and to all domains related to us. This concerns the personal data of everyone who has ever had contact with us, who is a contact of our customers, or registered on the website or mobile APP. Personal data is all data that can be traced back to you as an individual, such as your name, telephone number, IP address, customer number,.. If you want to know more about personal data, please visit the website of the Belgian Data Protection Authority.
2. Who uses your data?
Akson & Partners bv is repsonsible for the website AvailableOrNot and therefore the responsible organisation for the use of your personal data as described in this privacy statement. The full details are:
Akson & Partners bv
Drukpersstraat 4
B-1000 Brussels
3. Whose data do we use?
We process the personal data of everyone who has had contact with us, visited our website, registered for our services or is a freelance contact of our customers. These include visitors, private customers, business customers and contact persons of our partners.
4. How do we get your data?
We receive the data directly from you as soon as you:
· Fill in data on our website
· Register for the AvailableOrNot service
· You are a contact of our Freelance Staffing partners/customers
5. What data do you use?
We use the following personal related data:
· Name
· Address or business address
· Tax number / VAT number
· Email address
· Telephone number
· IP address
6. What do we user your data for?
We only use your personal data for the purpose for which we are allowed to use it:
· We use your data because we want to give you the best service as a customer and freelancer, and we can’t do it without this information
7. How long do we keep your data?
We keep your personal data for as long as we are required to do so by law and for as long as necessary for the purpose for which we use your data. For example, as long as you are a customer with us, we store your data according to the statutory retention period of ten years. After that, we only keep your data for statistical purposes and to handle any complaints or legal matters. If you want to know more about how long we store specific data about you, please contact us.
8. Who do we share your data with?
We only process your personal data ourselves. We don’t share your personal data with others. If you are known with a freelance staffing agency, we share your availability data with them.
9. Where do we store your data?
We process your data within the European Economic Area. This means that we also store your data within the EEA. If you have any questions about this, please feel free to contact us.
10. How safe is your data with us?
We have done a lot to protect your data as well as possible, both organisationally and technically. We have secured our systems and various means of communication to ensure that your data does not end up in the hands of non desired persons. Your data is therefore safe with us. We also ensure that your data is only used by people who have received permission from us. If you have any questions about the specific method of securing, please contact us.
11. What are your rights?
Because we use your personal data, you have various rights. We have listed these rights for you below
Right to information
We have to explain to you in an understandable and clear manner what we do with your data and what control you have over it. That is why we explain in detail in this privacy statement what data we collect from you and how we handle your data.
Right to access
You may always ask us to view the data we hold about you
Right to correction
You may ask us to have your data corrected if it is incorrect or incomplete.
Right to object
You may object to the processing of your data if you do not agree with the way we handle your personal data. This right applies to the data we use for direct marketing. You can indicate to us that you no longer wish to receive e-mails from us. This also applies to personalized recommendations on our website.
Right to data portability
If you are a customer of ours or if you have given permission for the use of your data, you may ask us to send you the digital data we have about you. This way you can transfer that data to another organisation if you wish.
Right to restriction
You may ask to limit the use of your data. This means that in certain cases we may store your data but not use it.
Right to be forgotten
You may ask us to delete all data we hae about you. We will then delete all data that can be traced back to you. In some cases we cannot or may not yet delete your data. For example, we have to keep some data for 10 years for the tax authorities.
Right to submit a complaint
You may submit a complaint about the way in which we handle your data. If you have a complaint, we will be happy to resolve it for you. To do so, please contact us. You may also submit your complaint to the Belgian Data Protection Authority. Of course we hope that it does not come to that, but if it’s necessary you can also go to court. In that case, the court in the place of business of Akson & Partners bv is the one which will handle your complaint.
How do I submit a request or complaint?
You can submit your request or complaint to us by sending a mail to info @ availableornot.com. We process every request or complaint within 30 days. If you submit multiple applications or complaints or if you submit a complex request or complaint, this may take more time. In that case, we will contact you within 60 days at the latest. We may ask you to identify uourself. In that case, we will ask you to submit certain information to ensure that you are the correct person whose personal data is.
12. What rules apply to this privacy statement?
Our privacy statement must meet serveral conditions. These conditions can be found in particular in the Belgian Genenal Data Protection Regulation. In addition, the general rules that apply under Belgian law apply to our privacy statement.
13. Which cookies do we use?
Cookies can be used to set up our website specifically to your preferences so that its use becomes easier and more personal. At present, we do not use such cookies on our website.
14. What do you do with data of minors?
We do not target minors with our website or as an organisation. This means that if you are under the age of 18, you need permission from a parent or guardian to use our website or application. If you are a minor when you visit our website, we assume that you have received this permission before your visit.
15. Do you have a question about this privacy policy?
If you have a question about our privacy policy, please feel free to contact us on info @ availableornot.com. We are happy to help.