Introduction
This policy governs the terms and conditions of use of the Shayp Website at www.shayp.com by all visitors and/or users of the Shayp Website. Please read the below Terms of Use of Website carefully. These may change from time to time and any changes will take effect when posted on this page.
1. Terminology
In this policy, the terms below have the following meaning:
- Shayp: refers to Shayp SA, with its registered office located at Rue des Pères Blancs 4, 1040 in Brussels and registered under the number BE0682.631.956.
- Shayp Platform: refers to the secure platform created and designed by Shayp which displays the details of any detected anomalies in the consumption of resources (water, gas, electricity or other). The platform is accessible by visiting https://app.shayp.io.
- Shayp Website: refers to www.shayp.com.
2. Intellectual Property Rights
- All information and materials (including designs, text, graphics and their selection and arrangement) on the Shayp Website are the copyright of Shayp. No information or material on the Shayp Website may be copied, reproduced or downloaded without Shayp's express permission in writing.
- All brand names, product names and/or service names used on the Shayp Website are trade marks, trade names, service marks or copyrights of their respective holders. Any use of any such brand name, product name and/or service name without the prior written consent of the relevant rights holder may constitute an infringement of that rights holder's rights and Shayp gives no permission for the use of any such item in any way whatsoever.
- Although Shayp has taken reasonable steps to ensure that the information contained on the Shayp Website is correct, it is possible the information may be incomplete, contain errors or be out of date. You should verify any information obtained from the Shayp Website before acting upon it.
- Shayp cannot guarantee uninterrupted and/or reliable access to the Shayp Website and Shayp makes no guarantees whatsoever as to its operation, availability, functionality or otherwise.
- The Shayp Website may contain links to third party sites. These sites are beyond the control of Shayp and Shayp accepts no responsibility for their content.
- Nothing on the Shayp Website shall be deemed to be an offer by Shayp to provide any goods or services to you. A contract for the provision of such goods or services shall be formed only when you have placed an order, accepted Shayp’s terms and conditions for the provision of such goods or services and Shayp has confirmed its acceptance of your order in writing.
- Should you wish to enter into any contract or arrangement (whether formal or informal) with any advertiser on the Shayp Website, any such contract or arrangement shall be between you and the relevant advertiser and Shayp shall not be a party to any such contract or arrangement nor become involved in any such contract or arrangement for any reason whatsoever. The terms and conditions (including, without limitation, those relating to payment, delivery, quality and/or any representations or warranties) of any such contract or arrangement are a matter for you and the relevant advertiser to agree and Shayp accepts no responsibility in relation thereto.
- To the extent permitted by applicable law, Shayp hereby disclaims any and all warranties, whether express or implied, statutory or otherwise as to the accuracy of any information contained on the Shayp Website and/or the availability of the Shayp Website and, accordingly, Shayp shall have no liability (save in relation to death or injury arising through its negligence) for any loss or damage howsoever arising and of whatever nature incurred in the use of the Shayp Website or reliance on any information contained on it including, without limitation, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.
- Different limitations and exclusions of liability will apply to liability arising as a result of the provision of any goods or services by Shayp, which will be set out in Shayp's terms and conditions relating to the provision of such goods or services.
- The laws of Belgium shall apply to these Terms of Use of Website. Any dispute arising from these Terms of Use of Website and/or the Shayp Website shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels. Notwithstanding the foregoing, should the Shayp Website be accessed by anyone outside of Belgium, it shall be that person's responsibility to ensure compliance with any local laws to the extent that they do or may apply.
4. Acceptance of Terms
Any interaction with or use of the Shayp Website (including, but not limited to; visiting the site, posting content, viewing content, downloading content, setting up a meeting, requesting a quotation, using the chat function, using the contact form) will constitute acceptance of these Terms of Use of Website. Shayp reserves the right, at its sole discretion, to amend the Terms of Use of Website at any time without notice. Your continued interaction with or use of the Shayp Website after any such amendments constitutes your acceptance of the new Terms of Use of Website. You are responsible for regularly checking the Shayp Website to review any changes to the Terms of Use of Website.
5. Your Content
Shayp reserves the right to suspend or delete without notice any content which: (a) it believes at its sole discretion to be detrimental to the enjoyment of the Shayp Website by users; (b) breaches these Terms of Use of Website; or (c) is the subject of a validly served copyright infringement notice.
By posting content on the Shayp Website, you grant to Shayp a worldwide, non-exclusive, irrevocable, royalty-free licence to use and distribute (in whole or in part) such content for any purpose in any and all media (whether now known or hereafter devised) including but not limited to the internet and broadcast television and you hereby waive all so-called moral rights you may have in the content. This licence includes the right to grant sub-licences.
6. Your Account
The ‘account’ section of the Shayp Website gives access to the Shayp Platform. Additional requirements apply to the Shayp Platform and are specifically outlined in our general terms and conditions along with any other additional terms as may be agreed by Shayp and any third parties prior to entering into a contract.
7. Your Conduct
By posting content on the Shayp Website, you represent, warrant and agree that: (a) you are aged 16 or older; (b) no content (or part thereof) submitted by you or through your account will: (i) breach any law or encourage the commission of an illegal act; (ii) be defamatory, abusive or offensive; (iii) infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right of any third party; (iv) constitute a misuse of any confidential information of a third party; (v) contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software or hardware or telecommunications equipment; or (vi) advertise, promote or endorse any products or services; (c) in respect of images and/or audio-visual content: (i) any individual depicted in the content (or, in the case of any individual under the age of 18, the parent/guardian of such individual) has consented to the content being posted on the Shayp Website; (ii) the content has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the content; (iii) the content does not contain any personal information such as a name, phone number or e-mail address; and (d) you will not impersonate any person or entity.
8. Your Liability
Shayp shall not be liable for: (a) any user content posted on the Shayp Website; or (b) the conduct of any user of the Shayp Website. You agree to indemnify and hold Shayp, and each of their directors, officers, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees arising out of or in connection with: (a) any content posted by you or through your account on the Shayp Website; (b) your use of the Shayp Website; or (c) any breach of these Terms of Use of Website and/or any related Shayp policies or of any law or the rights of any third party.
9. Termination
Shayp may terminate your account and/or delete any content (including but not limited to your profile) that you have posted on the Shayp Website and/or prohibit you from using or accessing the Shayp Website (or any part of the same) for any reason, at its sole discretion, with or without notice.
10. Your Privacy and the Use of Cookies
The Shayp Website uses cookie technology. The Shayp Website and functions contained therein (e.g chat function, contact form, demo function) are operated in accordance with our Privacy Policy and Cookies Policy.
There are email addresses listed on the Shayp Website for contact and information purposes. Should you choose to contact Shayp via email, your details will only be used for the purposes outlined in your email (unless specified otherwise by you) but in any event will be processed in accordance with our Privacy Policy. Please note that our Cookies Policy will also apply to any emails sent to Shayp through any of the Shayp email addresses provided on the Shayp Website, third party websites or other platforms such as social media.
11. Security
No data transmission over the Internet can be guaranteed to be 100% secure. The nature of the Internet is such that Shayp cannot ensure or warrant the security of any information you transmit to us over the Internet and you do so at your own risk. However, we will take all reasonable and appropriate security measures to protect the transmission of and access to personal information.
12. Further information
If you have any questions about this policy or any connected policies, please email us at info@shayp.com.