We thank you for your visit to our website located at the address www.geboortelijst.be or www.listedenaissance.be or www.listedenaissance.ma or www.baby-website.be, named hereafter the "Website", managed by the bvba Thisconnect, established in B-8800 Roeselare, Henri Horriestraat 3, Belgium, named hereafter "Thisconnect".
1. Purpose of the Website
1.1. The Website allows parents to create and manage one or more Birth lists (hereinafter "the Birth list") online and to create a personalized website for their newly born child (hereinafter "the Baby Site").
1.2. Thisconnect works exclusively with shops that have signed a cooperation agreement with Thisconnect in which they accept the concept of Thisconnect (hereinafter "the Participating Shops"). Shops that have not signed an agreement with Thisconnect cannot offer Birth lists through the Website.
1.3. Thisconnect reserves the right to immediately and definitively remove Baby Sites that directly or indirectly mention or refer to shops that do not participate, including a.o. but not exclusively names, logos, descriptions, insinuations,... In such event user Accounts may be suspended or closed immediately, definitively and without prior warning.
2. Application and binding terms
- "Account": the personal user account created by the Website as soon as the User has registered and completed the Registration Form.
- "Baby Site": the web space offered to young parents where they can create a personalized website for their newly born child.
- "Birth List": the online list of products chosen by parents of a newly born child that can be bought by relatives at one of the Participating Shops.
- "Participating Shops": Shops that have agreed to and approved the General Terms of Participation of Thisconnect and will offer Birth lists through the Website.
- "Personal Data": the data by which a User obtains access to and use of the system of Thisconnect on the Website.
- "Registration form": the (electronic) form by which a person registers as User of the Website.
- "Service": the free service offered by Thisconnect to the User that consists in an online program that allows the user to create and manage Birth lists and Baby Sites.
- "User": the natural person who uses the Website.
- "Website": the websites of Thisconnect whose addresses are the following: www.geboortelijst.be, www.listedenaissance.be, www.listedenaissance.ma, and www.baby-website.be.
4.1. Using the Website, registering on it and creating Birth lists and Baby Sites is free and available only to physical persons.
5. Registration on the Website
5.1. In order to create a Birth List or Baby Site, the User has to fill in the Registration Form on the Website with his Personal Data. This Form must be completed correctly and entirely.
5.2. Users are not allowed to use a third party's identity, proxy's or temporary email addresses.
Users shall not use more than one User name or profile.
5.4. Thisconnect reserves the right to accept or refuse the Registration. The Registration may notably be refused for the following reasons:
- The User does not communicate the data asked for the identification;
- Any other reason out of which Thisconnect can reasonably judge that the Registration may not be agreed to.
5.5. As soon as his Registration is complete, the User will be able to create and manage Birth lists and Baby Sites or buy articles presented in a Birth List.
6. Posting content to the Baby Site
6.1. The User remains responsible for the content that he or she posts on the Baby Site.
6.2. The User shall post only content about that baby for whom the Baby Site has been created and shall not post any comment link or reference to other shops then the Participating Shops.
6.3. Thisconnect reserves the right to warn Users, to temporarily or definitively forbid access to the website by way of an IP ban, to shorten posts, to censure posts, to anonymize posts and or to remove posts at its own discretion.
6.4. Aggressive, unlawful, threatening, insulting, vulgar, obscene, racist, misleading, uncivilized or in any other way unfit or Irrelevant content is not permitted.
6.5. Users shall not use or post personal information about others on the Baby Site, such as e.g. phone numbers, e-mail addresses or private addresses. Users shall not link to such content and shall not communicate sets content to non-participating shops.
6.6. It is not permitted to place adverts on the website or to promote commercial or noncommercial entities by placing hyperlinks to their websites.
6.7. It is not permitted to post content that refers to or links to websites that do not respect legal and or moral borders of respect and public order.
6.8. It is not permitted to post photographs of other persons than the parents and or the baby for whom the Baby Site without prior authorization of the persons concerned.
6.9. Users shall use only text or images for which they own the copyright or have obtained the prior permission to divulge or reproduce the content.
6.11. Users shall hold Thisconnect harmless for any claims by Participating Shops, governments or third parties for infringements of any nature whatsoever and shall reimburse Thisconnect completely for all damages suffered by disconnect following their acts.
7. Limitations of liability
7.1. Thisconnect pays the closest attention to the Content of the Website. This Content is however prone to amendments, can always be removed and is made available to the User without any explicit or implicit guarantees regarding its correctness. Thisconnectshall not be held liable for the damages caused by the use of the Content of its Website, regardless of the fact that it seems accurate or not, nor for the damages caused by the use or circulation of this Content.
7.2. Thisconnect emphasizes that it is not the author of the content written by the Participating Shops or on the Baby Sites and that it is not liable for this content.
Thisconnect does not guarantee that the content of the Participating Shops on its pages complies to all applicable laws or does not infringe the rights or interests of Users, Participating Shops or third parties, nor that these are accurate, complete and up-to-date. Thisconnect disclaims all liability for the content of the the Participating Shops which would appear to infringe the rights of third parties, the criminal laws in force or the public order and morality. If the User or the Participating Shop notices the presence of such content, they shall immediately inform Thisconnect, so that it may take the appropriate action.
Only the Participating Shop that has posted the content is liable for that content and for the possible resulting claims or legal implications. The Participating Shop will compensate Thisconnect and will then safeguard it from any claim, and associated fees, of the Participating Shops, authorities or third parties against Thisconnect resulting from any kind of breach related to the content of the Participating Shop is exclusively liable.
7.3. Thisconnect disclaims all liability for the service offered by the Participating Shops.
Thisconnect does not intervene and is no party in the relationship between the Users and Participating Shops, or in the possible contract between them. Thisconnect is therefore not liable for the disagreements which would arise between Users and Participating Shops, for the content of the contract mentioned earlier, or for the interpretation or execution of it.
Thisconnect disclaims all liability if:
- The Participating Shop does not receive orders or does not receive them correctly;
- The Participating Shops do not fulfill their obligations towards the User;
- The Participating Shops amend or do not respect the initial conditions of their goods or services;
- Goods or services that were ordered by the User are out of stock or are not delivered, regardless if there was a previous notice or not and whether the absence of delivery was justified or not;
- The price of the goods or services is raises after the order is made, regardless if there was a previous notice or not and whether the price raise was justified or not;
- The Offer of goods or services is misleading or constitutes breaches of the Law of April 6, 2010 on Market Practices and Consumer Protection;
- The Participating Shops infringe any law or prescript in force or the rights or interests of Users, other Participating Shops or third parties;
- Any problem whatsoever that intervenes in the relationship between the Participating Shops and the Users.
Thisconnect shall not accept any claims by Users if such claim is related to a Participating Shop that does not respect the conditions of its offer or to its contract obligations.
7.4. Thisconnect undertakes to provide access to its Website 24 hours a day, 7 days a week. Due to the technical features of internet and of computer processes, and the necessity of periodic maintenance, update and upgrade, Thisconnect cannot guarantee an uninterrupted access to its Website. Thisconnect will make every effort to remedy the reasonable cases of discontinuance or suspension of the access as soon as possible. Such discontinuance or suspension are inherent to the providing of services on the internet and will not constitute a shortcoming by Thisconnect, even though they take place during the Day of the Shop. They shall not give rise to any penalty or compensation.
7.5. The websites, including the websites of the Participating Shops, to which the Website occasionally refers are not managed, hosted or maintained by Thisconnect. Thisconnect is not liable for the content of these sites, for the links referring to them or for the amendments and updates made on them.
7.6. Thisconnect does not guarantee that Users' e-mails cannot be intercepted or modified by third parties. Thisconnect is not liable for (the consequences of) the sending and/or late processing of emails or other electronic messages that are sent to us.
8. Fair and safe use of the Website
By Registration and use of the Website, the User undertakes to:
- Behave as a responsible and careful user of internet;
- Not act in any way that could harm Thisconnect;
- Not be registered on the Website under different User's names;
- Provide accurate, up-to-date and complete User information;
- Not use the identity of a third party or entity or use a fake personal or company name;
- Not use a user's name / password that does not belong to him;
- Make sure as far as possible to keep his user's name / password / code secret and make sure that they are not used by third parties;
- Notify Thisconnect immediately in case of any use of his user's name / password / code that would not have been allowed;
- Notify Thisconnect immediately in case of any breach, even if only potential, of the security of the Website or third parties' rights;
- Make sure to be log out after each log on on the Website;
- Not infringe, copy, spread, sell, give to third parties or use the security measures established by the Website or the access codes;
- Never disturb the access or working of the computer structure of the Website;
- Protect in an adequate way his data's, software, computer processing or telecom against virus and other similar risks, including computer hacking.
9. Intellectual property
Thisconnect is and always will be the sole owner of all the intellectual property rights related to the Website and to the Services. The User undertakes to not copy, sell or use in any way or any shape, entirely or partially, the elements making up the Website or the Service. These elements include notably trademarks, texts and articles, software's, databases, forms, domain names, corporate names, product names, logos, graphic elements and illustrations, graphs, music's, color combinations, slogans, lays outs, settlement sheets and any other element of the Website or of the Services that is prone to protection.
Customers pay the reserved goods directly to the participating store of their choice and not to Listedenaissance.be and/or Geboortelijst.be.
11. General provisions
11.2. Applicable law and jurisdiction clause
Any complaint or objection must be addressed to the address mentioned earlier and sent by post.
Any communication made by Thisconnect to the User happens by the Website or the User's email.