These terms of use apply to use of the website and platform “www.qcr.be” (the “Website”) by you, the User. The Platform is made available by Quadriga Car Retail NV, a company having its registered offices at 2070 Zwijndrecht (Belgium), Antwerpsesteenweg 211-223 and registered in Belgium under number BE0881.246.879 (“QCR”).

Service

QCR has developed an online service platform (the “Platform”). The Platform’s purpose is to provide the User with online centralized information regarding orders for vehicles he has placed or intends to place with QCR. Orders are monitored and can be accessed through the Platform. The Platform includes the purchase management for the User, from the digital signing of the orders to the final invoicing, management of orders and follow-up of shipment of the ordered goods. The Platform provides features for efficient conversion of orders into shipments, and of shipments into invoices. The Platform is marketed by QCR under the name My Quadriga. It is made available as software-as-a-service (SaaS) to the User.

Registration & account

Use of the Platform by the User is free of charge. The User can register with a unique username and password (together the “Account”). The Account is personal. The User is responsible for any and all use of his Account. If the User has reason to believe that third parties have gained access to his Account, the User must inform QCR immediately and change his password.

Platform content & information

The Platform provides the User with information in relation to orders and shipments. QCR will exercise due care in providing accurate and up to date information. However, any offer, order and purchase made by Users is subject to QCR’s General Terms and Conditions, which take precedence over these terms of use. Those terms can be consulted here. Nothing in these terms of use implies a waiver of any right QCR enjoys pursuant to the General Terms and Conditions.

Availability and liability

QCR has exercised care in the development and the making available of the Platform. However, the Platform and the underlying principles are provided on an “as is” basis, without any warranties regarding the accuracy or completeness of the information derived from its use, fitness for any particular purpose, warranty of non-infringement of any third party intellectual property right or in terms of availability. Except in case of fraud or intentional fault or negligence, QCR disclaims all and any liability for its services and the consequences of access to and use, misuse or interpretation of the Platform, to the maximum extent permitted by law. QCR will in no case be liable for indirect or consequential damages, lost profits or anticipated revenues, loss of data or reputational harm. The User will indemnify and hold QCR harmless, including lawyers’ fees, for all claims in relation to the use of the Platform.

Access to the Platform requires a working internet connection. The Platform can be accessed by the User with up to date web browser software. QCR will apply best efforts to repair bugs or other deficiencies in the Platform but it provides no remedies or warranties in this respect.

QCR will apply reasonable efforts to maintain the availability of the Platform but it does not guarantee 100% availability. The User acknowledges and accepts that the availability of the Platform depends on third party services and products (including web hosting) and that, in result, availability of the Platform may be dependent on events and services beyond QCR’s control. Temporary downtime of the Platform for technical or maintenance reasons will not be considered a breach of QCR’s obligations.

Intellectual property rights

The User acknowledges QCR’s ownership of the Platform and all and any right in relation thereto (including modifications), including intellectual property rights such as copyrights and all rights to (without limitation) the arrangement of information comprised in the data, the software as well as the underlying parameters used by the Platform. The User accepts and acknowledges that QCR has expended and continues to expend substantial efforts and investments in obtaining, verifying, sorting and presenting survey information and other data in the Platform.

QCR grants the User a limited, non-transferable and non-exclusive license, without the right to grant sublicences, to use the Platform for its internal use. However, nothing in these terms of use will be construed as a transfer, in whole or in part, of any title or interest in the Platform to the User. The User’s licence is subject to its full compliance with these terms of use.

The User will refrain, and procures that its employees will refrain, from, without limitation, reproducing, making available, decompiling, reverse engineering – to the extent such prohibition is legally permitted, creating derivative works of, or modifying the Platform. The User will not, and procures that its employees will not, subject the Platform to software tools to extract or analyze data, including tools for scraping, crawling and grabbing content. The User will immediately notify QCR in writing of any indication of a breach of this provision and it will provide reasonable assistance to QCR to mitigate such breach.

Data

QCR has put in place reasonable security measures to protect the data of customers in the Platform. The User will immediately notify QCR in writing if it becomes aware of any indication that the security of the Platform or the data comprised therein may be compromised.

QCR’s privacy policy applies to all and any data provided to QCR. A copy of the privacy policy can be consulted here. The User represents that all employees that use or access the Platform will accept the privacy policy of the Platform. Employees will be prompted to accept the policy upon accessing the Platform. However, the User will indemnify QCR and hold it harmless for any claim resulting from the non-acceptance or compliance of an employee with the privacy policy.

Monitoring, audit right & remedies

QCR has the right to monitor and audit the use of the Platform by the User, including but not limited to monitoring via technical tools. QCR may temporarily suspend access to the Platform in case the User accesses or uses the Platform in violation of these terms of use and/or in case the User defaults on its obligations. QCR will notify the User of such suspension and its reasons by e-mail. Suspension of access will not suspend or otherwise affect the User’s obligations.

In case the User does not remedy the reasons for the suspension within 15 days of such notice or in the event of a material breach by the User that affects the stability or security of the Platform, QCR may terminate the agreement with the User by written notice and/or it may, at its discretion, permanently withdraw the User’s access to the Platform.

Various

In case any provision of these terms of use is found invalid or unenforceable by a court having jurisdiction to do so, such finding will not affect the validity of the entire terms of use. The parties will replace the invalid or unenforceable clause by a provision that is valid and enforceable and that produces the effect of the affected clause to the maximum extent permitted by law.

The User may not assign its rights or obligations under these terms of use to a third party without QCR’s prior written consent. QCR is entitled to assign its rights and obligations under these terms of use to a third party upon notice to the User. QCR is entitled to modify these terms of use from time to time. Changes will be notified to the User by e-mail and will enter into effect within 15 days of such notice.

These terms of use are subject to Belgian law. Without prejudice to QCR’s right to seek injunctive relief in other jurisdictions, disputes regarding the execution, interpretation or performance of these terms of use will be subjected to the exclusive jurisdiction of the Antwerp enterprise court (“Ondernemingsrechtbank Antwerpen, Afdeling Antwerpen”).