Privacy Policy
Updated on April 16, 2023
Introduction
This privacy policy (hereinafter the « Privacy Policy ») applies to the processing of your personal data by TopiTopa. You will find below detailed information about how we collect, use, disclose, transfer and store your personal information as well as the means to exercise your rights.
TopiTopa is committed to protecting and respecting the personal data that it collects and processes. In this context, TopiTopa complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
Who are the data controllers of your personal data?
Your personal data is processed by TOPITOPA SRL, a limited liability company (hereinafter “TopiTopa”, or “us”) having its registered office at Avenue de Tervueren, 266 E, boite 9, 1150 Woluwe-Saint-Pierre, registered with the Belgian Company Register under number 0761.773.365.
TopiTopa is the “data controller” for the purposes of applicable data protection laws.
If you have any questions or concerns about how we treat and use your personal data, or would like to exercise any of your rights below, please contact us at info@topitopa.com or write us at:
TopiTopa S.R.L.
Avenue de Tervueren, 266 E, boîte 9
1150 Brussels
BELGIUM
What is personal data?
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject” or “you”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
What personal data do we collect?
In order to provide the services offered by TopiTopa, we have to process your personal data. By accessing and surfing on our Website www.topitopa.com or by interacting with us by any other means (email, phone or other), you expressly agree that we collect and treat the following personal data:
- your IP address which is automatically detected by the server each time you visit our Website, but also data from cookies stored on your device such as your login;
- information provided at the time of the registration to our Website: your name, first name, the name of your company, your mobile phone number;
- information provided when you complete or upload your resume to our Website;
- any information, any material and any communication (for instance; videos, photos, metadata) that you provide while using the services provided by TopiTopa, in particular when you create or share material or when you communicate with other users of TopiTopa’s Website or send them messages;
- information relating to your use of TopiTopa’s Website, such as the web pages and the accounts that you have visited, the hashtags, the individuals and the accounts with whom you interact, posts and any other material that you view;
- any other information that you have voluntarily provided us.
Why do we process and share personal data?
We use your personal data in order to provide you our services as follows:
- Provide our services :
- Your profile is visible to all users of our services;
- We use service providers in order to provide our services (for instance; maintenance of the Website, security improvement, analysis, marketing, etc.). These service providers will have access to your personal data so that we can provide you our services and they are compelled not to disclose nor use it for other purposes;
- adds: we use your information to customise the adds that we show you;
- Provide analysis: we use the information relating to your activity on our Website to help the advertiser measure their adds efficiency (for instance: number of views of an add);
- Comply with our legal obligations we may be compelled to share your personal data in order to comply with a legal obligation (for instance: legal proceedings). In such case, we strive to notify all concerned, within the limits of our legal obligations.
On which legal basis do we process your personal data?
The purpose for which we use your personal data and the legal basis we rely on to do so are as follows:
- If it is necessary for the provision of our services (execution of a contract) you have agreed to or intend to agree to;
- If you have given us your consent to use it when you signed in on our Website;
- If it is necessary for compliance with a legal obligation. This includes the obligation to check your identity when you wish to exercise your rights under data protection law
- If it is necessary for our legitimate interest such as improving the Website.
How long do we retain your personal information?
We will keep your personal data as long as necessary to fulfil the purposes we collected it for and as long as we need it to meet our legal obligations or until you have deleted your account from our Website. We may retain your personal data longer in order to establish, exercise or defend our rights and the rights of our customers.
When your account is deleted, we delete all the associated material (posts, photos, etc.) and you will no longer be able to retrieve it later.
Data processing location
Wherever possible, personal data is stored and processed on the territory of the European Union but may be transferred to and stored in a destination outside the territory of the European Union. It may also be processed by staff outside the European Union working for one of our providers. We take all reasonable measures to ensure that your data is safely processed, pursuant to this Privacy Policy.
We have taken action to ensure that all personal data benefits from appropriate protection and all transfers of personal data outside the European Union are legally made. When we transfer personal data to a country outside the European Union that the European Commission deemed not to ensure an appropriate level of personal data protection, transfers shall me made pursuant to an agreement complying with the European Union requirements on the transfer of personal data outside the European Union.
Your rights
You have the following rights in respect of the processing of your personal data:
- Right to request access to your information;
- Right to have your information rectified, if it is inaccurate or not up to date (please note that you can amend yourself the personal data that you have communicated on the booking platform of our Website on the same platform);
- Right to have your information erased, although such right may be limited in view of our legal obligations;
- Right to receive a free copy of your information in a structured, commonly used and machine-readable format, and to transmit it to another data controller;
- Right to object to processing of your information and to restrict processing of your information, although such right may be limited in view of our legal obligations;
- Right to withdraw your consent at any time, for one of the purposes for which we collected your personal data.
To exercise any of these rights free of charge, please contact us at [info@topitopa.com] write us at:
TopiTopa S.R.L.
Avenue de Tervueren, 266 E, boîte 9
1150 Brussels
Security
The security of your personal data is of utmost importance to us, and we make every effort to protect it and prevent any unauthorised access thereof. We use strict procedures and safety systems to protect your personal data. Our staff is also well informed on data security and privacy.
Unfortunately, the exchange of information through the use of the Internet is not and cannot be fully secure. Although we make every effort to protect your personal data, we cannot guarantee the security of the information you provide us through our Website; any transmission of information is at your own risk and, unless in case of fraud or malicious intent, we have no liability whatsoever in that respect. Once we have received your information, we will use strict procedures and safety systems in order to prevent any unauthorised access thereof.
Data security breaches
Every effort has been made to prevent such incident from happening, but should there be a data security breach, the individuals concerned by such incident shall be informed immediately and remedial action shall be taken. The management team of TopiTopa shall also be informed and action shall be taken to prevent similar incidents from happening again.
Cookies
Our Website uses cookies, like almost all websites, to improve your navigation experience and to help us improve our website. A cookie is a small text file that is saved on your computer or your mobile device whenever you use websites.
The cookies we use help us:
- operate our Website as expected by its users;
• store your preferences during and between your visits;
• improve the speed and safety of our Website;
• if you wish, enable you to share webpages on social networks, such as Facebook, Linkedin, etc ;
• constantly improve your navigation experience.
We do not use cookies to:
- collect any sensitive information (without your express consent);
• exchange your information with advertisers;
• exchange your personal data with third parties.
Third party cookies
Like most websites, our Website includes features provided by third parties. Disabling such cookies may alter the features provided by these third parties.
We grant permission to use cookies
If your browser settings are adjusted to accept cookies, we consider that this fact and your continuous use of our Website imply that you accept our use of cookies. If you want to delete or not use cookies of our Website, you may disable them by adjusting your browser settings; however, our Website may therefore no longer work as you would expect.
Your concern about cookies may be related to what we call “spywares”. Instead of disabling cookies in your browser, you will probably notice that anti-spyware software reaches the same objective by automatically deleting cookies that are considered invasive.
Complaints
Although we do hope you will never have to make a complaint, if you wish to do so in relation to your personal data processing, please send us an e-mail with all the details at info@topitopa.com. We will investigate the issue and reply to any complaint we receive. You can also send us a letter to the following address:
TopiTopa S.R.L.
Avenue de Tervueren 266E Bte9
1150 Brussels
TopiTopa undertakes to reply within a month following receipt of your request to inform you on:
- The steps taken to reply positively to your request, or;
- In more complex situations, the need to extend the response time to your request and the reason for this extension, or;
- The reasons why we have rejected your request. In such case, you have the right to file a complaint with the competent data protection authority.
Changes to our privacy policy
We reserve the right to amend and update this Privacy Policy at any time. Changes will be posted on this page and, when appropriate, notified to you by email. Please check back regularly to see if there have been any updates or changes to our Privacy Policy.
Applicable law and jurisdiction
This Privacy Policy is governed by Belgian law. Any dispute regarding the interpretation or execution of this Privacy Policy will be subject to exclusive jurisdiction of the courts of Brussels.
Terms of Use
Article 1. Scope
1.1. These terms of use (hereinafter the « Terms of Use ») apply to all relations between the limited liability company (SRL) TOPITOPA, having its registered office at avenue de Tervuren, 266 E, boite 9, 1150 Woluwe-Saint-Pierre, registered with the Belgian Company Register under number 0761.773.365 (hereinafter « TopiTopa ») and the user of the website www.topitopa.com (hereinafter the « Website ») (hereinafter collectively referred to as the « Parties » or individually as the « Party ») in the version applicable at the moment of the creation of an account by the user of the Website.
1.2. For the purposes of these Terms of Use, is deemed to be a user of the Website, any natural or legal person who accesses the Website, whether or not he has created a free or paying account on the Website. The user of the Website who has an account guarantees that any natural or legal person logging on to the Website through his account will comply with the Terms of Use.
1.3. Without prejudice to the possible application of the terms and conditions of TopiTopa, the Terms of Use shall apply exclusively to the exclusion of any general or particular conditions of the user of the Website to which TopiTopa would not have expressly consented in writing, any tacit acceptance of the general or particular conditions of a user by TopiTopa being excluded.
1.4. The use of the Website is exclusively reserved for adults. The user of the Website acknowledges that he is an adult.
1.5. Any amendment to the Terms of Use will be notified to the user of the Website (at TopiTopa’s option) by email or through the Website. If the user of the Website does not wish to accept these amendments, he may stop using the Website and/or delete his account.
Article 2. Services
TopiTopa allows (i) the users holding a free account to put their profile online so that it can be viewed by users holding a paying account, and (ii) the users holding a paying account to search for and view, thanks to features stipulated in the order form, professional profiles put online on the Website by users holding a free account or the publication of job offers on the Website (the « Services »). These Services are available through the Website.
Article 3. Website and access
3.1. The user of the Website ensures that his account password is strong enough and is kept secret. TopiTopa will make sure that the Website will not grant unauthorised access. However, TopiTopa shall not be held liable for damages suffered by a user of the Website and/or a third party due to insufficient protection.
3.2. If the user of the Website fears or knows that his password is known by a third party, the said user shall be required to change it immediately. In case unauthorised access to his account is confirmed, the user of the Website shall notify immediately TopiTopa, for its information, through the Website, by email at TopiTopa’s email address (info@topitopa.com) or by registered mail addressed to the mailing address mentioned in Article 1.
Article 4. Information provided and/or posted
4.1. The user of the Website undertakes (i) to provide true, accurate, truthful, complete and up-to-date information, (ii) to create one single account and use it exclusively for his own benefit, and (iii) to act in good faith on the Website.
4.2. The user of the Website shall not (i) post and/or provide on the Website or send through the internal website messaging any inaccurate, incomplete, misleading, illegal, offensive content or content that would be otherwise harmful to other users of the Website, any third party and/or TopiTopa, (ii) import a virus or a code, from a malware or another malware IT tool, and (iii) act in such a way as to disable, overload or prevent the smooth running or the appearance of the Website.
4.3. The user of the Website remains the owner of any information he provides or posts on the Website, on the understanding that, if the information is protected by intellectual property rights, the user of the Website grants TopiTopa a non-exclusive, transferable, sub-licensable, free and worldwide license to use, copy, amend, distribute, publish and process the information provided by the user of the Website through the Services and the services of other individuals, without any other consent, notice and/or compensation.
4.4. Without prejudice to Article 6.3, in case TopiTopa considers that any information provided or posted by the user of the Website is inappropriate, offensive and/or misleading, TopiTopa has the right to amend and/or delete this information on its own initiative and without prior notification. Whenever appropriate, the user of the Website will receive a notification after the modification or the deletion of the said information.
Article 5. Liability
5.1. TopiTopa’s liability is limited to serious misconduct and fraud. Without limitation to the generality of the foregoing, TopiTopa shall not be liable for (i) a temporary or permanent interruption of the Services or a temporary or permanent reduction in the quality of the Services, (ii) information posted or provided by the users of the Website and that could be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful, or (iii) the download of a malicious file, code, program or other computer tool uploaded to the Website by any other user.
5.2. TopiTopa shall not be liable for any indirect damages, whether material or non-material, any provision, any loss of earnings, any loss of data, income, profits, chances and/or customers, any loss of business opportunities, any cost increase or insufficient reduction in the projected savings, whether those damages were predictable or not.
5.3. The user of the Website indemnifies TopiTopa against all costs, compensation, damages, actions, expenses and proceedings claimed or brought by third parties as a result of his actions, faults or negligence.
5.4. In any case, in the event of TopiTopa’s liability, the amount to be paid by TopiTopa (whatever the qualification) shall not exceed EUR [1.500], all taxes and charges included.
Article 6. Account deletion
6.1. The user of the Website may delete his account at all times.
6.2. When the account of a user is deleted from the Website, TopiTopa undertakes to delete all information provided or posted by the user of the Website as long as (i) the user has not provided or posted this information publicly and (ii) no third party has copied, shared or stored this information.
6.3. TopiTopa reserves the right to delete the account of a user from the Website in case of violation of the Terms of Use or, if applicable, the Terms and Conditions of TopiTopa. Where appropriate, no compensation will be payable by TopiTopa.
6.4. Article 5, Article 7, Article 8, Article 9, Article 10, Article 14, Article 15, Article 16, Article 17 and Article 18 shall remain in full force and effect after the deletion (for whatever reason) of the account of the user of the Website.
Article 7. Complaints
7.1. For any complaint or claim in connection with the Website and/or the Terms of Use, the user of the Website shall try, for a period of at least 2 weeks, unless otherwise indicated by TopiTopa, to find a solution with the latter through the Website or by using the following address : 1150 Woluwe-Saint-Pierre, avenue de Tervuren, 266 E, boîte 9 (email : info@topitopa.com).
7.2. If no agreement is reached, the user of the Website is invited to appeal to an independent dispute resolution body. A list of independent dispute resolution bodies is available on the European Union website: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
Article 8. No warranty
TopiTopa makes no warranty with respect to the Services, including, but not limited to, any warranty regarding (i) the uninterrupted availability of the Services, (ii) the accuracy of any information on the applicants (including, but not limited to, applications, the candidate’s identity, recommendations, connections and references), (iii) the information on which any display targeting categories are based (for instance, the profile information of the users of the Website, (iv) the results of the application campaigns and other uses of the Services.
Article 9. Intellectual property
The materials, copyrights, designs, all licenses and other rights to use intellectual property, all transferable licenses and permissions, processes and data, technical documentation relating to the foregoing and all other intellectual property rights relating to the Website, and generally any documentation or information relating to TopiTopa’s applications, programs and data are and shall remain the property of TopiTopa.
Article 10. Personal data
TopiTopa undertakes to protect and respect the personal data that it collects and processes pursuant to its Privacy Policy available at https://topitopa.com/terms-and-conditions/
Article 11. Assignment
11.1. The user of the Website shall not assign, in whole or in part, his account and his rights and/or obligations under the Terms of Use to third parties, without prior written consent of TopiTopa. Any assignment (in the broad sense) by the user of the Website in breach with this Article shall be null and void, without prejudice of the other rights of TopiTopa in respect of that breach.
11.2. TopiTopa shall have the right to assign, in whole or in part, its rights and obligations under the Terms of Use to third parties, without prior written consent of the user of the Website.
Article 12. Subcontractor
TopiTopa reserves the right to appoint subcontractor(s) to perform all or part of the obligations arising out of or in connection with the Terms of Use and/or the maintenance, administration and access to the Website.
Article 13. Force majeure
13.1. Neither Party shall be liable for any damage, direct or indirect, suffered by the other Party if the failure to comply with its contractual obligations is due to force majeure.
13.2. However, if the force majeure lasts more than one month, either Party shall be entitled to delete the account of the user from the Website without any liability or compensation. If the account is deleted at TopiTopa’s initiative, the latter undertakes to notify the user of the Website as soon as possible.
13.3. Force majeure is defined as unforeseen circumstances which are of such a nature as to prevent the execution of the obligations pursuant to the Terms of Use or to make it disproportionately expensive and/or difficult to the extent that the other Party cannot reasonably be expected to fulfil its obligations under the Terms of Use. The following events (or the consequences of the following events) are therefore considered to be cases of force majeure : strike, company siege, epidemic or pandemic, shortages or bankruptcy of Topi Topa’s supplier(s), natural disasters, blocking of communications or temporary impossibility to use, partially or completely, the Website due to hosting or service provider problems, or legal or administrative restrictions.
Article 14. Notification
Without prejudice to other means of notification, the user of the Website acknowledges that any notification given by TopiTopa through the Website is valid and binding.
Article 15. Severability
Should any term or provision of the Terms of Use be declared null or unenforceable, in whole or in part, under any provision of applicable law, such term or provision of the Terms of Use shall be deemed to be unwritten and such nullity or unenforceability shall not affect the validity of the other terms and provisions of the Terms of Use. In such case, such term or provision shall be replaced by a valid clause which shall be as close as possible to the original intention of the Parties.
Article 16. Language
The Terms of Use are translated in the English language. Should there be any contradiction or discrepancy between the translation and the French version, the French version shall prevail.
Article 17. Waiver
17.1. The failure or delay of a Party to exercise a right under the Terms of Use or to take advantage of a failure by the other Party shall not be deemed or have the effect of a definitive waiver by that Party of its right to exercise that right or to take advantage of this failure at a later date, unless otherwise provided herein and unless this right is subject to a time limit under penalty of foreclosure.
17.2. Similarly, the partial exercise of a right does not prevent the subsequent exercise of a complementary right.
Article 18. Applicable law and jurisdiction
Any dispute arising out of or in connection with the Terms of Use shall be submitted to the jurisdiction of the Courts of Brussels and, where appropriate, the Justice of the Peace of Brussels, 2nd canton, applying Belgian law.
Terms and Conditions
Article 1. Scope
1.1. These terms and conditions (hereinafter the « Terms and Conditions ») apply to all relations between the limited liability company (SRL) TOPITOPA, having its registered office at Avenue de Tervueren, 266 E, boite 9, 1150 Woluwe-Saint-Pierre, registered with the Belgian Company Register under number 0761.773.365 (hereinafter « TopiTopa ») and the customer (hereinafter collectively referred to as the “Parties” or individually as the “Party”) in the version applicable at the moment of the registration of the customer on the website www.topitopa.com (hereinafter the « Website ») or, where appropriate, any subsequent order.
1.2. The Terms and Conditions and the order form, once the latter has been processed by TopiTopa, form a contractual whole (hereinafter the « Contract »). Without prejudice to the application of the terms of use of TopiTopa, these Terms and Conditions shall apply exclusively to the exclusion of any general or particular terms and conditions of the customer to which TopiTopa would not have expressly consented in writing, any tacit acceptance of the general or particular terms and conditions of a customer by TopiTopa being excluded.
1.3. The Services (as they are defined in Article 3) are aimed exclusively at companies, under article I.1, 1° of the Belgian Company Code. The customer acknowledges that he meets the definition of article I.1, 1° of the Belgian Company Code.
1.4. Any amendment to the Terms and Conditions will be notified to the customer (at TopiTopa’s option) by email or through the Website. If the customer does not wish to accept these amendments, he may terminate the Contract pursuant to Article 5.
Article 2. Interpretation
2.1. The titles of the articles of the Terms and Conditions have no legal effect and shall not be used to interpretate the latter.
2.2. All the time limits specified in the Terms and Conditions will be calculated from midnight to midnight. They will start on the day following the day during which the event initiating the time limit occurred. The expiry date shall be included in the time limit.
2.3. If the expiry date is a Saturday, a Sunday or a legal public holiday, the expiry date shall be postponed to the following working day.
Article 3. Services and prices
3.1. TopiTopa allows the customer to search for and view, thanks to features stipulated in the order form, professional profiles put online on the Website by users users holding a free account and/or the publication of job offers. (the « Services »).
3.2. The presentation of the Services, in any form, is for indicative purpose only and et does not constitute a formal offer or commitment. The Contract shall be deemed to have been concluded only once the customer’s order has been explicitly confirmed by TopiTopa.
3.3. The customer takes out a CV subscription, a Duo subscription, a Job subscription or a Gold subscription the terms and conditions of each subscription being reproduced in the order form. The choice is made by the customer in the order form.
3.4. The subscription to the Services is taken out on a monthly or annual basis, provided that the choice is made by the customer in the order form.
3.5. The prices are fixed prices and can in no way be the subject of a change at the request of the Customer, of any nature whatsoever. The Company does not accept any form of negotiation. In addition, no pro rata calculation based on the moment the Customer subscribes to the service via the Website will be applied.
3.6. These subscription plans are available for a predetermined term of one month or one year, which is automatically renewed. The Customer may activate or deactivate the automatic renewal of his subscription in his Private Professional Area. The Customer may cancel his subscription or deactivate the automatic renewal at any time by logging into his Private Professional Space. If the Customer cancels his subscription, he will no longer have access to the paid services available on the Website, but his user account will continue to exist.
Article 4. Invoices and payment terms
4.1. The Services are billed (i) annually, in case of an annual subscription or (ii) monthly, in case of a monthly subscription.
4.2. The subscriptions are payable in advance and start running immediately as soon as the payment made by the Customer is validated on the Website.
4.3. The Customer can pay online via the platform available on the Website, using a credit card.
4.4. Once the payment transaction is accepted, the Company will send the subscription subscription confirmation to the Customer, together with the relevant invoice.
Article 5. Duration and termination
5.1. The Contract comes into force on the date of the order confirmation by TopiTopa.
5.2. The Contract is concluded for successive periods, with no maximum, of one year in the case of an annual subscription or one month in the case of a monthly subscription. Either Party may terminate the Contract at any time, on the understanding that the termination will come into effect at the end of the current period, without incurring any refund for the customer.
5.3. TopiTopa may, in case of serious breach by the customer, terminate the Contract with immediate effect, without prior notice or compensation, without the need for a formal notice or judicial authorisation. Without limiting the generality of the foregoing and the notion of serious breach, the following cases are considered as serious breaches : (i) any breach of the Terms of Use de TopiTopa, (ii) any violation of Article 10.1, (iii) any failure to pay an invoice of TopiTopa, despite a formal notice to pay such invoice within 8 days.
5.4. Any termination or cancellation is also validly made through per email.
5.5. Article 6, Article 7, Article 8, Article 14, Article 15, Article 16 and Article 17 shall remain in full force and effect after the termination of the Contract, for whatever reason and in whatever form.
Article 6. Liability
6.1. TopiTopa’s liability is limited to serious misconduct and fraud. Without limitation to the generality of the foregoing, TopiTopa shall not be liable for (i) a temporary or permanent interruption of the Services or a temporary or permanent reduction in the quality of the Services, (ii) information posted or provided by the users of the Website and that could be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful.
6.2. TopiTopa shall not be liable for any indirect damages, whether material or non-material, any provision, any loss of earnings, any loss of data, income, profits, chances and/or customers, any loss of business opportunities, any cost increase or insufficient reduction in the projected savings, whether those damages were predictable or not.
6.3. The customer indemnifies TopiTopa against all costs, compensation, damages, actions, expenses and proceedings claimed or brought by third parties as a result of his actions, faults or negligence.
6.4. In any case, in the event of TopiTopa’s liability, the amount to be paid by TopiTopa (whatever the qualification) shall not exceed EUR [1.500], all taxes and charges included.
Article 7. No warranty
TopiTopa makes no warranty with respect to the Services, including, but not limited to, any warranty regarding (i) the uninterrupted availability of the Services, (ii) the accuracy of any information on the applicants (including, but not limited to, applications, the candidate’s identity, recommendations, connections and references), (iii) the information on which any display targeting categories are based (for instance, the profile information of the users of the Website, (iv) the results of the application campaigns and other uses of the Services.
Article 8. Personal data
TopiTopa undertakes to protect and respect the personal data that it collects and processes pursuant to its Privacy Policy available at https://topitopa.com/terms-and-conditions/
Article 9. Collection of testimonies
The Company may collect the Customer’s opinion and testimonial concerning the Site and the subscription subscribed in order to be able to improve its quality and promote it to potential future customers. The Company undertakes to obtain the Client’s consent for references with explicit mention of the Client’s data. The Customer remains free, at any time, to refuse to give such a testimonial. In case of acceptance, he is invited by the Company to put his formal agreement in writing. Testimonials collected by the Company may be used for documentary or reference purposes.
Article 10. Assignment
10.1. The customer shall not assign, in whole or in part, his rights and/or obligations under the Contract to third parties, without prior written consent of TopiTopa. Any assignment (in the broad sense) by the customer in breach with this Article shall be null and void, without prejudice of the other rights of TopiTopa in respect of that breach.
10.2. TopiTopa shall have the right to assign, in whole or in part, its rights and obligations under the Contract to third parties, without prior consent of the customer. Where appropriate, TopiTopa will notify (in the form of its choice) the customer as soon as possible.
Article 11. Subcontracting
TopiTopa reserves the right to appoint subcontractor(s) to perform all or part of the Contract.
Article 12. Force majeure
12.1. Neither Party shall be liable for any damage, direct or indirect, suffered by the other Party if the failure to comply with its contractual obligations is due to force majeure. Payment obligations are not affected by force majeure.
12.2 However, if the force majeure lasts more than one month, either Party shall be entitled to terminate the Contract without any liability or compensation.
12.3 Force majeure is defined as unforeseen circumstances which are of such a nature as to prevent the exécution of the Contract or to make it disproportionately expensive and/or difficult to the extent that the other Party cannot reasonably be expected a strict compliance with the Contract. The following events (or the consequences of the following events) are therefore considered to be cases of force majeure : strike, company siege, epidemic or pandemic, shortages or bankruptcy of Topi Topa’s supplier(s), natural disasters, blocking of communications or temporary impossibility to use, partially or completely, the Website due to hosting or service provider problems, or legal or administrative restrictions.
Article 13. Notification
Without prejudice to other means of notification, the customer acknowledges that any notification given by TopiTopa through the Website is valid and binding.
Article 14. Severability
Should any term or provision of the Contract be declared null or unenforceable, in whole or in part, under any provision of applicable law, such term or provision of the Contract shall be deemed to be unwritten and such nullity or unenforceability shall not affect the validity of the other terms and provisions of the Contract. In such case, such term or provision shall be replaced by a valid clause which shall be as close as possible to the original intention of the Parties.
Article 15. Language
The Terms and Conditions are translated in the English language. Should there be any contradiction or discrepancy between the translation and the French version, the French version shall prevail.
Article 16. Waiver
16.1 The failure or delay of a Party to exercise a right under the Contract or to take advantage of a failure by the other Party shall not be deemed or have the effect of a definitive waiver by that Party of its right to exercise that right or to take advantage of this failure at a later date, unless otherwise provided herein and unless this right is subject to a time limit under penalty of foreclosure.
16.2 Similarly, the partial exercise of a right does not prevent the subsequent exercise of a complementary right.
Article 17. Applicable law and jurisdiction
Any dispute arising out of the Contract shall be submitted to the jurisdiction of the Courts of Brussels and, where appropriate, the Justice of the Peace of Brussels, 2nd canton, applying Belgian law.
