Terms of use

These general terms and conditions ("General Terms and Conditions" or " GTC") govern the provision of the CyFun website www.cyfun.eu, www.cyfun.be and related services.

The CyFun website and its related services are provided by the Centre for Cybersecurity Belgium (the "CCB", as further defined below) or, if applicable, by its subcontractors. 

Please read these Terms and Conditions carefully before using the CyFun website. By using and/or accessing the entire CyFun website, you confirm that You (as defined below) are legally bound by these Terms and Conditions, which may be subject to change from time to time. If you do not agree with any of these Terms and Conditions, please do not use or access the CyFun website.

Please keep in mind that the use of certain features offered by the CyFun website may be subject to additional terms and conditions from related services. Please refer to these terms and conditions if you have any questions about them.

These Terms and Conditions are available in Dutch, French, English and German. All language versions have the same legal value.

Capitalized terms in these Terms and Conditions shall have the following meanings:

• Agreement, General Terms and Conditions (GTC): these General Terms and Conditions (including the corresponding Privacy Policy) that bind You as a User and the CCB.
• Centre for Cybersecurity Belgium (CCB): The Centre for Cybersecurity Belgium is a federal administration of the Belgian government that is directly under the authority of the Belgian Prime Minister and whose offices are located at Rue de la Loi 18, 1000 Brussels, Belgium.
• User, You, Your: you, as a user of the CyFun website. 

3.1. Your obligations

When You use the CyFun website, You must scrupulously respect these General Terms and Conditions.
You may not use the CyFun website as a means to perform any illegal activities, including, but not limited to, hacking or attempted hacking, system exploitation, DOS ("denial of service") attacks, and sniffing.
You may not use the CyFun website to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for commercial purposes any content, offerings, experiences, products or services provided by the CCB or obtained through the CyFun website without the express prior written consent of the CCB. This restriction includes any attempt to integrate any information from the CyFun website into any other directory, product or service.


3.2. The CCB's obligations

The CCB will make commercially viable efforts to ensure the continued availability of the CyFun website and related services. However, it may suspend access to the CyFun website, without prior notice or compensation, for maintenance purposes or for any urgent circumstance (including in the event of fraud or suspicion or risk of fraud).
While the CCB will, in principle, notify you as soon as reasonably practicable of any interruptions, the CCB shall not be liable for any damages in the event of a failure or delay in such notification.

4.1. Personal data being processed

In order to make the CyFun website available to You, the CCB processes the
following personal data:

• Network data such as Your IP address.
   

5.1. General

The CCB and its licensors are the owner(s) or beneficiary(ies) of all intellectual property rights and know-how associated with the CyFun website. All copyright, database rights and product and service rights in all material contained in or available through the CyFun website, including all information, data, text, music, sound, photographs, graphics and video messages, as well as all source code, product and service compilations and other materials are owned by the CCB or its licensors.

5.2. Right to use the CyFun website

For the duration of the Agreement, the CCB grants You a non-transferable, non-sublicensable, royalty-free, worldwide and non-exclusive right to use the CyFun website for business purposes in accordance with these General Terms and Conditions. This right of use includes any future updates that may be made available to You in due course, provided that You understand and agree that such updates may be subject to additional pricing arrangements and terms and conditions, of which you will be notified at the time such an update becomes available.
Your express consent will always be requested by the CCB before providing services to You, via the CyFun website, that are subject to payment.

Without prejudice to Your rights relating to the protection of computer programs, You are
prohibited from:

• modifying, translating or adapting any of the components of the CyFun website (including any product or service associated with it) in any way whatsoever;
• decompiling or disassembling any component of the CyFun website (including any product or service associated with it) in any way;
• transferring, assigning, sublicensing, renting, loaning or distributing any of the components of the CyFun website (including any products or services associated with it) or the documentation in any manner whatsoever to third parties;
• merging the CyFun website or any component of it into other programs or creating derivative works based on any component of the CyFun website;
• using the CyFun website in whole or in part or any confidential information relating thereto to create a product or service functionally equivalent to the CyFun website or any part thereof;
• using the CyFun website in a manner that may lead to encouraging, procuring or carrying out any illegal or criminal activity or that may cause harm or injury to any person, and/or;
• removing, obscuring or modifying any proprietary notices (including trademarks and copyright notices) that may be affixed to or contained within CyFun website.

The CCB reserves the sole right to correct any errors in the service or documentation.

Nothing contained in the CyFun website shall be construed as granting any license or right to commercially use any trademark, intellectual property right, or copyrighted material of the CCB or its licensors without their prior written permission.

If the CyFun website contains intellectual property belonging to third parties, the CCB will ensure that these third parties grant You the necessary rights of use.

5.3. Compensation

You hereby agree to immediately notify the CCB of any third-party claim of alleged infringement by the CCB of the intellectual property rights of third parties, and to provide all information and support related thereto. You hereby grant the CCB the right to conduct any legal proceedings and negotiations in connection with any such claim. In the event of such a claim, the CCB may, on its own initiative, (i) adapt the allegedly defective component of the CyFun website to remedy the alleged breach, (ii) obtain the right on Your behalf to continue to use the affected component, or (iii) if the CCB determines that neither of these options can reasonably be accomplished, terminate the Agreement. This last case will be Your only and unique possibility in case of a violation of the intellectual property rights of a third party following Your use of the CyFun website

This Agreement is entered into for an unlimited term. You can therefore cancel it at any time with immediate effect and without compensation.

The CCB may terminate this Agreement or any of the services related to the CyFun website at any time, without compensation.

Without prejudice to its other rights available under the law or this Agreement, the CCB may, on its own initiative, either terminate this Agreement with immediate effect or suspend performance of this Agreement, refusing or restricting your access to the CyFun website at any time if you breach this Agreement (including any use of the CyFun website in a manner contrary to these General Terms and Conditions).

The CCB may also suspend the performance of this Agreement, refuse or restrict access to the CyFun website at any time:

• if the CCB becomes aware of facts that jeopardise the relationship of trust between you and the CCB or that damage or threaten to damage the reputation of the CCB;
• in case of reasonable suspicion of fraud or risk of abuse or fraudulent use of the CyFun website;
• in case of technical problems, or;
• for any other objective safety reason.

In the event of termination of the use of the CyFun website, these General Terms and Conditions, including all rights and licenses granted herein, shall cease to apply by operation of law, with the exception of Articles 8 and 10.3 below.
 

7.1. Your liability

You may be required to indemnify CCB, its subcontractors, or any other third party, for any damages suffered by them, including, without limitation, reasonable lawyers' fees as a result of: (i) your breach of this Agreement; (ii) your misuse of the CyFun website; and (iii) the infringement or violation of any copyright or other intellectual property or other rights of any third party in connection with the CyFun website.

7.2. Exclusion and limitation of the CCB's liability

Exclusion of liability

The duties and responsibilities of the CCB under this Agreement are limited to those expressly set forth and undertaken herein. Therefore, the CCB shall not be liable for any loss (i.e., loss, liability, cost, claim, damage, fees, costs and expenses, including all legal and other professional fees and disbursements), direct or indirect, arising from:

• any reason beyond the control of the CCB (including force majeure). For the purposes of this Contract, by "force majeure" we refer to all unforeseen events that are beyond the reasonable control of the CCB or which cannot reasonably be avoided, and which prevent or delay the execution, by the CCB or by any person acting on behalf of the CCB, of one of its obligations set out in the present Agreement. This includes natural disasters, the commencement or escalation of hostilities (whether a war has been declared or not), hacking or cyber attacks that cannot be prevented by reasonable security measures, or any other illegal act perpetrated against public order or the authorities, unforeseen actions by the authorities, a strike or any other professional conflict, government restrictions, disruptions to electricity or communications, and the suspension of payments, the insolvency, impounding, administration, bankruptcy or liquidation of any third party;
• negligent, illegal, unethical, fraudulent or criminal acts or omissions of any third party;
• hacking and/or the spread of computer viruses, bugs or any other malicious software, malfunctions or errors.

Limitation of liability

Without limiting the foregoing, in no event shall the CCB or its subcontractors be liable for:

• Any loss including, but not limited to, loss of or damage to goodwill, loss of data, lost profits, business disruption, third party claims, lost reputation or anticipated savings, even if the CCB was advised or otherwise knew or should have known of the possibility or likelihood of such losses, and regardless of whether the action is in contract or tort (including negligence) or otherwise, and regardless of whether any limited remedy provided herein is determined to be lacking in its essential purpose;
• Any direct damage other than that caused exclusively by the intentional fault of the CCB, except in the case of death or bodily injury.

This chapter applies, notwithstanding the legal basis or nature of the request.

8.1. General

While the CCB makes reasonable effort to ensure that all information and documentation relating to the CyFun website is correct, this does not constitute a warranty and neither the CCB nor its subcontractors are liable for or guarantee the accuracy, completeness or authenticity
of the information.

The CyFun website and its services are provided "as is". All guarantees, either express or implied, are hereby disclaimed, including guarantees of merchantability, title/non-infringement, quality of information or fitness for a particular purpose. No information obtained by You from the CCB or its subcontractors shall constitute a guarantee not expressly stated herein. Without limitation and to the extent legally possible, the CCB and its subcontractors make no guarantee as to the availability of the CyFun website or associated products and services, except as expressly stated in the Agreement, or, with respect to error-free operation, that defects will be corrected or that the products or services are free of viruses or other harmful components. You use the CyFun website at Your own risk, any content obtained through CyFun website is provided at Your own risk, and You are solely responsible for any damage to Your computer system that may result from the use of the CyFun website, including, without limitation, damage resulting from computer viruses.

8.2. Specific guarantee exclusion

Without limiting the generality of the foregoing, the CCB, including its subcontractors, disclaims
any guarantee for the following:

No guarantee of the error-free operation of the CyFun website

The CCB cannot guarantee the continuous, uninterrupted or error-free operation of the CyFun website. The CyFun website may be slowed, unavailable or inaccurate from time to time due to a variety of factors, including location, internet connection speed, technical reasons, maintenance or updates.

No guarantee as to the accuracy of third-party content

The CyFun website may contain third party content and links to other websites that are completely independent of the CCB. Third party content and links are provided solely as a convenience to users and do not constitute an endorsement, approval or guarantee by the CCB. Therefore, the CCB is not responsible for the accuracy, completeness or reliability of any information provided by third parties, nor for any products or services offered or sold through any linked website. In this regard, you assume full responsibility for the use of third party information.

9.1. Full contract

Except as otherwise provided, these General Terms and Conditions and the Privacy Policy constitute the entire Agreement between You and the CCB with respect to the CyFun website.

9.2. Changes

The CCB may amend this Agreement at any time.
The CCB reserves the right to change or modify the content or information appearing on or in connection with the CyFun website, or to discontinue the services related to the CyFun website at any time, upon reasonable notice. The CCB may add, change or cancel certain services.

9.3. Applicable law and jurisdiction

These General Terms and Conditions shall be governed by and construed in accordance with Belgian law. Subject to the applicable provisions of consumer law which provide otherwise, any dispute arising out of or in connection with these General Terms and Conditions or the CyFun website shall be subject to the exclusive jurisdiction of the courts of Brussels.