ARTICLE 1 – PURPOSE AND SCOPE OF THESE TERMS AND CONDITIONS
1.1. These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) govern the contractual relationship between ADGN SRL, registered with the Crossroads Bank for Enterprises under number 0682.872.377, operating under the Kiwi brand, whose registered office is located at Clos Chapelle-aux-Champs 30 Boîte 1.30.30, 1200 Brussels, and you, the user of the kiwi-mag.com website (hereinafter referred to as the “Site”) and the services offered therein (hereinafter referred to as the “Services”).
1.2 By accessing and using the Site and the Services, you fully and unconditionally accept these Terms and Conditions. Any contrary conditions issued by the user, or any other provisions not expressly accepted in writing by Kiwi, are excluded. By accessing Kiwi’s services, you waive the right to assert your own terms and conditions, whether they appear on your purchase orders, invoices or other documents.
1.3. This contract is drawn up in the English language.
ARTICLE 2 – ACCEPTANCE, VALIDITY AND DURATION OF THE GENERAL TERMS AND CONDITIONS ON THE KIWI-MAG.COM WEBSITE
2.1. By accessing or using the Site and/or the Services offered therein, you agree to enter into a contract with Kiwi.
2.2. You may consult, save and print these Terms and Conditions directly from the Site at any time.
2.3. These General Terms and Conditions, effective as of 01/01/2024, apply for the duration of your use of the Site and Services.
2.4. Kiwi reserves the right to modify and adapt these Terms and Conditions at any time. The applicable General Terms and Conditions will be those in force at the time of your use of the Site or Services.
ARTICLE 3 – DESCRIPTION OF SERVICES PROVIDED BY KIWI ON THE SITE
3.1 Kiwi provides the Customer with the Site, which is a guide to finding information on tourist facilities, as well as on the various services related to tourism. The aim is to offer the Customer, simple, fast and user-friendly access to the information he is looking for in order to discover the World.
3.2. No contract for sales and services related to these sales is therefore concluded via the Site between You and Us.
ARTICLE 4 – ACCESS TO THE WEBSITE
4.1. The Kiwi site is accessible to anyone with an Internet connection. All costs associated with accessing the site, whether for hardware, software or internet connection, are entirely at the user’s expense. You are solely responsible for the proper functioning of your computer equipment and Internet access.
4.2 Kiwi reserves the right to restrict or block access to all or part of the site, unilaterally and without notice, to any user who fails to comply with these General Terms and Conditions.
ARTICLE 5 – SITE CONTENT
5.1. Kiwi strives to provide complete, accurate and up-to-date information on its site. Despite our best efforts, errors may occur. If information published on the site contains inaccuracies or becomes unavailable, Kiwi will make every effort to correct the situation as soon as possible.
5.2. We make every effort to minimize interruptions due to technical problems. However, Kiwi cannot guarantee that the site will be entirely free from interruptions or other technical problems.
5.3. If you notice any errors in the information published on the site, or if you have any questions on this subject, you can contact our service department [here].
5.4. Kiwi declines all responsibility for direct or indirect damage arising from consultation or use of the site, or of information provided on external sites to which the site may refer.
ARTICLE 6 – OBLIGATIONS OF USERS CONCERNING THE WEBSITE
6.1. The user undertakes to use the Kiwi’s site in compliance with these General Terms and Conditions and with the laws in force. In particular, he/she undertakes not to disrupt or alter the operation of the site, not to undermine its contents or functionalities, and not to attempt to access it fraudulently or in an unauthorized manner.
ARTICLE 7 – PROTECTION OF PRIVACY AND PROCESSING OF PERSONAL DATA
Processing of personal data
7.1. The processing of personal data by Kiwi is carried out in accordance with our Privacy Charter, available on the site at the following address: Privacy Policy.
Use of cookies
7.2. The site uses cookies to optimize your user experience. You can consult information on the use of cookies in our Cookie Policy, accessible via the following link: Cookie policy.
Web tags
7.3. Some pages of the Kiwi site may contain electronic images, known as “web tags”, which enable the number of visitors to these pages to be counted. These web tags may be used in collaboration with some of our partners, in particular to evaluate and optimize the effectiveness of certain advertisements.
7.4. The information collected through these web tags is used solely to compile statistics on the number of visitors to certain pages of the site, with the aim of improving the user experience.
ARTICLE 8 – INTELLECTUAL PROPERTY
8.1. Use of the kiwi-mag.com website is reserved for strictly personal use, unless otherwise expressly granted by Kiwi.
8.2. Kiwi retains full and exclusive ownership of all data and content published on the website, under the various laws relating to copyright, related rights, trademark and patent rights, including the law on the legal protection of databases. This includes, but is not limited to, trademarks, texts, comments, works, illustrations and images, whether visual or audio, present on the website.
8.3. Any reproduction or representation, in whole or in part, constitutes a violation of intellectual property rights and exposes its author to civil and criminal prosecution.
8.4. It is strictly forbidden to create hypertext links to Kiwi using techniques such as “framing” or “deep linking”.
8.5. Any total or partial reproduction of the Kiwi’s site is strictly prohibited.
ARTICLE 9 – APPLICABLE LAW AND COMPETENT JURISDICTION
9.1. These terms and conditions of use, as well as any contract concluded with Kiwi, are governed by Belgian law. Any dispute relating to their interpretation or execution will be subject to the exclusive jurisdiction of the competent French-speaking courts of Brussels.
These terms and conditions of use may not be interpreted as a waiver of the right to invoke them at a later date.
10.2. If one of the provisions of these terms and conditions of use were to be declared null and void or inapplicable, it will be deemed unwritten, without this affecting the validity of the other provisions, unless this provision was essential and decisive.
10.3. The electronic data stored in Kiwi’s information systems, in connection with the Services offered, are authentic between the parties, until proven otherwise. This data constitutes admissible and enforceable evidence against users, in the same way as any document drawn up, received or stored on paper.
10.4. This Agreement constitutes the entire agreement between You and Kiwi, including the Privacy Policy and Cookies Policy, to which this agreement refers, and governs your use of the Site.