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Professional appointment portal

Professional appointment portal

Part 1. Definitions, scope and purpose
Article 1 Definitions
In the present conditions, the terms below shall be understood as follows:
– Autosécurité: the private company Autosécurité S.A., authorised pursuant to the Royal Decree of 23 December 1994 to conduct statutory technical inspections on road vehicles, with registered offices in the Petit-Rechain industrial zone, Avenue du Parc 33 at 4800 Verviers and registered on the Register of Legal Persons under the number BE 0444.402.332.

– Technical inspection: road vehicle inspection provided for and performed in accordance with the provisions and annexes of the Royal Decree of 15 March 1968 laying down the technical conditions with which motor vehicles and their trailers must comply.

– Inspection centre: any motor vehicle inspection centre controlled by the company Autosécurité S.A.

– Professional appointment portal: the service described in article 3.

– Professional customer: any person with a contractual relationship with Autosécurité specifically for the use of the present service, or mandated specifically to that effect.

– Person: a natural or legal person or a de facto association.

– Personal data: any data relating to an identified or identifiable natural person, directly or indirectly, and collected while fulfilling the public service missions conferred, or during the use of this website and the applications offered,

Article 2. – Scope
These conditions define the terms of use of the professional appointment portal service, the rules of behaviour applicable in inspection centres, and the rights and obligations arising from subscription to this service, both for the professional customer and for Autosécurité.
These provisions are without prejudice to the mutual rights and obligations of the parties, both with regard to the law and to the Royal Decrees of 15 March 1968 and 23 December 1994 governing the technical inspection of vehicles.

Article 3. – Object – Professional appointment portal
This service is intended exclusively for professional customers who regularly present vehicles for technical inspection, and is free of charge.
This service enables the professional customer to create an account allowing him, depending on his profile and use, to book a quantity of 5, 20 or 35 simultaneous appointments.
By means of this account, the customer can also manage his appointments, amend or cancel them, without prejudice to the application of the regulatory provisions provided for in this respect and in particular those recalled in article 5 of the present conditions.
Autosécurité reserves the right to amend the operations and functionalities available on the professional appointment portal at any time.

Article 4. – Registering for the service
A professional customer wishing to make use of this service completes the subscription form available on the website www.autosecurite.be, under the “Professionals” tab.
After verification of the data submitted, an invitation to activate the account (validation of a link) will be sent by email, on the basis of the information provided. This email will also give login credentials and means of access.

Article 5. – Cancellation period and flat-rate surcharge
The professional customer can cancel a previously agreed appointment. However, this operation is time-limited, and can be carried out no later than 24 hours before the planned date. After this period the appointment is blocked and may not be changed.
Pursuant to article 23 undecies, first paragraph, of the Royal Decree of 15 March 1968, a flat-rate surcharge for failure to present the vehicle for technical inspection will be applied to the professional customer who, without cancelling the appointment within this time limit, does not attend the technical inspection centre concerned on the agreed date for the planned inspection.

Part 2. Obligations and responsibilities of the professional customer
Article 6 – Undertakings and responsibilities of the professional customer
6.1 The professional customer guarantees that he has full capacity to enter into this contract and certifies that he meets all the conditions required to benefit from the service concerned.
6.2 The professional customer undertakes to follow Autosécurité’s instructions for the use of the service.
6.3 The professional customer remains solely responsible for the use made of his credentials and means of access. These are specific to the identified customer and may under no circumstances be entrusted, loaned or assigned to a third party.
If at any time the customer has doubts as to the use that may be made of this account, he must inform Autosécurité as soon as possible.
Autosécurité declines all responsibility for any misuse of the credentials by an unauthorised or unqualified third party.
6.4 The professional customer undertakes to inform Autosécurité, in writing and using the contact form, of any change or any event that may affect his subscription to this service (in particular any change of activity or corporate form, or a switch to the exercise of the activity as a natural person, any risk of bankruptcy or insolvency, etc.) as soon as possible.

Article 7 – General behaviour of the professional customer
Under penalty of refusal to accept the vehicle, of termination of an inspection in progress, or of application of the sanctions provided for in article 10, the professional customer undertakes, under all circumstances, to:
– Present the vehicle identified when the appointment was made (licence plate and chassis number corresponding to the encoded data), with the exception of professional customers with a “Professional appointment portal plus” account;

– Be in possession of and produce, at the request of Autosécurité staff, the certificates required by the regulations on commercial registrations. This requirement remains applicable to both the customer holding the commercial registration, and to any of his employees or duly authorised representatives, in accordance with the scope and restrictive criteria defined by the regulations.

– Remain physically present at the wheel of the vehicle, or accompany it during those phases requiring a member of Autosécurité staff to take charge of the said vehicle, throughout the various stages of the inspection, from reception to the end. This requirement also applies to the professional customer’s duly authorised servants and agents. Payment must be made at the cash desk at the end of each inspection, except for professional customers who have opened a credit line with single invoicing at the month end (credit customer);

– Present the vehicle alone. Any persons accompanying the professional customer are invited to leave the vehicle and follow the inspection from outside the inspection lines, or to take a seat in the waiting room;

– Ensure consistent progress of the vehicle along the inspection lines. It is forbidden to leave a vehicle halted and unoccupied in the inspection lines, or to alternately manoeuvre several vehicles alone;

– Respect the allocations and closures, if any, in the inspection lines;

– Comply with instructions given by Autosécurité staff or by law enforcement officers, as the case may be;

– Refrain from exerting any pressure, threatening, or adopting any uncivil behaviour towards Autosécurité staff. It is also forbidden, both outside and inside our facilities and sites, to take photographs, film or record any interaction with members of Autosécurité staff, using any medium whatsoever. Autosécurité reserves the right to take any appropriate legal action in this regard.

– In the event of dissatisfaction, disputed decision, or any additional request, contact the local manager, who will examine the issue. No attempt to influence a decision, no threats and no pointless discussions will be tolerated;

– Refrain from parking more than one vehicle in the parking spaces intended for Autosécurité customers, and from parking any vehicles on the approaches and open areas on our site or on the adjacent roads. Autosécurité reserves the right, if necessary, to take any action necessary for the removal of any vehicles that contravene this principle.

Part 3. Obligations and responsibilities of Autosecurité
Article 8 – Undertakings and responsibilities of Autosécurité
8.1 Autosécurité guarantees that it has the right to enter into this contract and to provide the services provided for therein.
8.2 Autosécurité undertakes to send the credentials to the professional customer by e-mail, once due diligence has been carried out and the interested party has confirmed its strict compliance with the access conditions.
8.3 This service will be provided with diligence and competence. Autosécurité’s undertakings to the professional customer as to the availability, proper functioning, protection and correct execution of this service represent solely a best-efforts obligation. These undertakings do not guarantee that the operation of or access to the service will be uninterrupted or free from faults and errors.
The human and technical means that appear reasonable in the light of comparable professional electronic services will be engaged for the purpose of ensuring a regular service.
8.4 Autosécurité may not be held liable, either by the professional customer or by any third party, for any failures in the performance of this service due to force majeure as defined in case-law, or for any situation beyond Autosécurité’s reasonable control, including technical breakdowns, interruption or failure of the internet or any other network, the power supply network or electrical infrastructures, or any supplier of such infrastructures and networks.
8.5 Except in the case of fraud or gross negligence and with the exclusion of any indirect damage, Autosécurité cannot be held responsible for any direct damage occurring to the professional customer, or to any third party (including the customer’s own customers) as a result of:
– Failure by the professional customer to comply with his obligations under these regulations or any legislation to which he may be subject in his relationships with his own customers;

– The impossibility of creating the necessary connection, interruptions of this connection in any way, or problems in sending and receiving transactions due to third parties;

– Any delay in execution that can be ascribed to third parties;

– Any temporary interruption of the service, or any interruption that can be ascribed to third parties;

– Inaccurate or incomplete data provided by the professional customer;

– Any negligence or the existence of an error on the part of the customer himself;

– Any problem in terms of the veracity, authenticity, credibility or timeliness of the orders received;

– The loss or theft of credentials by or from the professional customer.

8.6 The adaptation by Autosécurité of the characteristics or technical requirements of the service may under no circumstances, except in the event of gross negligence or fraud, incur Autosécurité’s liability towards the professional customer or any third party.
Autosécurité reserves the right to amend these conditions at any time.

Part 4. Duration, suspension, sanctions and end of contract
Article 9. – Duration and end of contract
9.1 By accepting these conditions, the professional customer confirms his acceptance of their provisions and terms to the exclusion of any other terms or conditions.
The contract will take effect from the date of validation of the professional customer’s request after completion of the prescribed checks, and will remain in force for an indefinite period, unless duly terminated.
9.2 Each of the parties may terminate the contract at any time.
Should the professional customer wish to terminate this service, he must without fail express his intention in writing by completing the aforementioned contact form. The request will be processed by our customer service as quickly as possible.
A mail confirming the closure of the account will be sent as evidence of the completion of this operation.
9.3 Once the contract has been effectively terminated, the professional customer may no longer access or use the service concerned.

Article 10. – Penalties, suspension and express resolutory clause
10.1 Any repeated breaches of these provisions and rules of behaviour will be duly notified by Autosécurité, by official email, to the professional customer.
In the absence of proper performance, or should the reported behaviours be repeated, Autosécurité unilaterally reserves the right to interrupt, in whole or in part, temporarily or definitively, the professional appointment portal service.
These measures will also apply:
– Should the customer fail to fulfil the legal, regulatory or contractual obligations in connection with the service;

– Should the professional customer fail to respect the conditions required to benefit from the service;

– Should the customer repeatedly fail to respect the general rules of behaviour set out in article 6 of these conditions;

– Should the professional customer, without proper cancellation within the prescribed time limit, repeatedly fail to keep the appointments previously reserved. Assessing this failure is at the sole discretion of manager of the inspection centre concerned;

– Should Autosécurité believe that this service is not or is no longer suitable to the customer, for whatsoever reason;

– Should Autosécurité consider it useful or necessary to the security of the system, or in the interests of the customer, or of Autosécurité;

10.2 Autosécurité reserves the right to definitively terminate this service and to cancel all or some of the agreed appointments, without prior notice and with no other formality than the sending of an official letter, in the event of a flagrant violation of these general conditions and the adoption of abusive behaviour by the professional customer.
A non-exhaustive list of behaviours or practices that will be automatically regarded as abusive, includes all conduct on the part of the professional customer or of any third party that aims to:
– Circumvent the rules and criteria in force regarding the reservation ceilings and the conditions for allocating appointments in the selected category;

– Make improper, fraudulent and unjustified use on the part of the customer of any personal information belonging to a third party (license plate, etc.), in the absence of the latter’s explicit consent, in order to obtain any advantage whatsoever, or to exceed the allocated appointment capacity, by creating fictitious reservations;

– Systematically and repeatedly present vehicles whose chassis numbers and licence plates do not correspond to those given at the time of booking, on the part of a professional customer who does not benefit from the “professional appointment plus” service;

– Transfer, by the professional customer, of any previously agreed appointment, for the benefit of a third party and in return for any consideration whatsoever.

10.3 Whatever the case, this agreement shall automatically terminate in the event of the bankruptcy or liquidation of one of the parties, or more generally of any circumstance seriously jeopardising the existence of one of the parties.

Part 5. Processing of personal data
Article 11. – Processing of personal data
11.1 Data of a personal nature provided through the contact forms are stored by our internal services for the duration of the contract.
To this end, Autosécurité shall respect its obligations as data controller, pursuant to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to the applicable Belgian legislation.
11.2 Pursuant to article 6 of the GDPR, these data are only processed for professional purposes, in order to better meet the requirements of our customers following subscription to this service and for the performance of this agreement.
The personal data processed consists of: the VAT number, name, telephone number and email address of the company, the name and number of the unit of this establishment, the name, first name and email address of the applicant and the license plate numbers of the vehicles presented.
In accordance with the principle of minimisation, the data requested are appropriate, relevant and not excessive in relation to the purposes pursued.
They will only be processed by the data controller, or by the Autosécurité Group as a subcontractor, and will not be transmitted or assigned to third parties for commercial or other purposes.
11.3 The professional customer has at all times a right of access to his personal data, a right of rectification or deletion, a right to object to its processing, and a right to data portability.
All such requests must be addressed to the Data Protection Officer at the following addresses:
E-mail : privacy@autosecurite.be
Autosécurité S.A.
DPO
Zoning industriel de Petit-Rechain, Avenue du Parc, 33
4800 Verviers – Belgium
11.4 For the duration of this Contract and after its expiry, the professional customer accepts and gives consent for Autosécurité to use the data collected for the purposes described, but also with a view to assembling and/or using statistics for the purposes of research, internal use, and the development and improvement of the service, provided that the statistics are anonymised and do not allow the professional customer to be identified.

Part 6. Miscellaneous provisions
12 Intellectual Property Rights/Extent of the right of use
All intellectual property rights concerning the programs (communication and security software), the applications and the instructions for use are the exclusive property of Autosécurité.
No clause in this contract, no downloading or copying operation in whatsoever manner of software, information and/or any other right of Autosécurité may be considered as a total or partial transfer of these intellectual property rights to the customer or to a third party. The professional customer shall abstain from any infringement of Autosécurité’s intellectual property rights.
This contract only grants the customer a personal and non-transferable right of use. He may use the programs, applications and instructions for use only for the purposes authorised by this agreement.
The customer is authorised to download or print out information provided by Autosécurité that concerns his own data or information over which he has sole ownership, as long as he does not delete, process or amend any copyright notice, disclaimer of liability, or any other notices appearing in the information provided.
The customer is also forbidden, in whole or in part, to reproduce, translate, adapt, decompile, recompile (“disassembling”), apply “reverse engineering” or modify in any way, distribute, publish, lease or make available to third parties, or copy, except for back-up purposes, the programs, applications and instructions for use, their copies or possible reproductions, directly or indirectly, free of charge or against remuneration.

ARTICLE 13 – Confidential information
Secret or non-publicly accessible information, including contract documents, customer content, financial, commercial or technical information, whether provided orally or in writing by one party to the other under this contract before or after its effective date, is confidential and will be treated as such by the recipient.
The use of this confidential information by the recipient shall be solely for the purpose of respecting and implementing its obligations under this contract.

ARTICLE 14 – Safeguard clause
The inability to enforce, the invalidity or the nullity of one of the provisions of this contract shall not entail the inability to enforce, invalidity or nullity of the contract as a whole. Where the inability to enforce, invalidity or nullity of a clause is established conclusively, this clause shall be deemed null and void.

Article 15 – Applicable law/ Competent courts
The present contract is governed by Belgian law.
Only the Courts and Tribunals of Verviers are competent to hear any dispute arising from it directly or indirectly.