General terms of use of liege360.be

Introduction

The General Conditions govern:

the use of this Application, and any other related Agreement or legal relationship with the Owner in a legally binding manner. The words beginning with a capital letter are defined in the corresponding sections of this document.

The User must read this document carefully.

The following entity provides this Application:

360 Liege ASBL
Bd de la Sauvenière 64 Bte 0011
4000 LIEGE
BELGIUM

GENERAL CONDITIONS OF USE

Unless otherwise specified, the detailed terms of use in this section generally apply during the use of this Application.

Unique or additional terms of use may apply to specific contexts and are then indicated in addition within this document.

Content on this Application

Unless otherwise indicated or clearly identifiable, all content accessible on this Application belongs to the Owner or its licensors, or is presented by them.

The Owner strives to ensure that the content presented on this Application does not violate any applicable legal provisions or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to the legal prerogatives of the Users to exercise their rights, Users are kindly requested to report any complaint using the contact details provided in this document.

Access to external resources

Through this Application, Users can access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will not be responsible for the content and availability thereof.

The conditions applicable to resources provided by third parties, including those applicable to the possible granting of rights in the content, are derived from the general terms and conditions of all third parties or, in their absence, from the applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope for which they were provided, under these General Conditions and the applicable law.

Users will be solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable law, regulation, or rights of third parties.

Common provisions

Non-waiving clause

The fact that the Owner does not assert a right or provision under these Conditions shall not constitute a waiver of that right or provision. No waiver shall be deemed to constitute a further or continuing waiver of this condition or any other.

Service interruption

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other changes, informing Users accordingly.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service in its entirety. Should the Service be terminated, the Owner will cooperate with the Users to allow them to remove personal data or information and will respect the Users’ rights regarding the continuation of the use of the product and/or compensation, as provided by applicable law.

In addition, the Service may not be accessible due to reasons beyond the reasonable control of the Owner, such as cases of «force majeure» (infrastructure failures or power outages, etc.).

Re-selling of Service

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and Services without the express prior permission granted either directly or through a legitimate resale program.

Intellectual property rights

Without prejudice to any specific provision of these General Conditions, all copyrights, such as trademarks, patents and design rights associated with this Application are the exclusive property of the Owner or those licensors are subject to the protection granted by applicable laws or international treaties related to intellectual property.

All trademarks – whether nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or of those licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Modification of these General Conditions

The Owner reserves the right to modify or otherwise rectify these General Conditions at any time. In such cases, the Owner will properly inform the User of these modifications.

These modifications will not affect the relationship with the User until the date communicated to the User.

The continued use of the Service will mean the User’s acceptance of the revised General Conditions. If the User does not wish to be bound by these changes, they must cease using the Service and may terminate the Agreement.

The previous applicable version will govern the relationship before acceptance by the User. The User may obtain any previous version from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these General Conditions, taking into account the legitimate interests of the User. The provisions regarding changes to these Conditions will be applied accordingly.

Users may not assign or transfer their rights or obligations under these General Conditions in any way without the written consent of the Owner.

Contacts

Any communication related to the use of this Application must be sent using the contact details listed in this document.

Divisibility

In the event that any provision of these General Conditions could be deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Editorial policy and moderation rules of the institutions listed on Liège360

Article 1 — Object and scope

This policy defines the editorial criteria applicable to the selection, publication, maintenance and removal of establishments« listings on the Liège360.be website, operated by 360 Liège ASBL, hereinafter referred to as »Liège360".

Liège360 offers an editorial directory whose purpose is to promote businesses, services, architectural heritage, tourism and the attractiveness of the Liège region.

The presence of an establishment in the directory is not automatic. It is subject to compliance with the editorial, patrimonial and moderation criteria defined by Liège360.

These criteria apply to both free and paid listings, without prejudice to applicable legal obligations.

Article 2 — Categories of establishments excluded

Liège360 reserves the right to refuse or withdraw the listings of establishments belonging to the following categories:

2.1. Shops specializing in CBD

Institutions whose activity includes the marketing of products containing CBD are excluded, whether this activity is primary or secondary.

2.2. Nightshops

Establishments operating as nightshops are excluded from the directory, regardless of the diversity of the products they offer.

2.3. Establishments specializing in kebab

Establishments whose activity is specialized in the sale of kebabs are excluded from the directory, even when this activity is associated with other food services.

2.4. Telecommunications shops

Liège360 intends to prioritize well-known brands in the telephony and telecommunications sector.

Independent general retail stores that do not follow this editorial direction may be refused.

The brands Proximus, Orange, Scarlet, BASE and DIGI are explicitly accepted under this policy, subject to compliance with the other referencing criteria.

Liège360 may also accept other recognized channels or brands in the sector, after examining their commercial identity and their presence.

2.5. Electronic and vaping cigarette shops

The Liège360 directory excludes shops specializing in the sale of electronic cigarettes, vaping devices, e-liquids, and related products.

This exclusion also applies to establishments that offer these products as a secondary or complementary service, in addition to other commercial activities.

The affected establishments cannot benefit from referencing, promotion, or paid commercial offers on Liège360.

2.6. Secondary activities

The exclusions provided for in this article also apply when the activity in question is carried out as a secondary, ancillary or complementary activity, provided that it is actually offered to the public by the establishment.

Liège360 appreciates the situation in light of the activities actually carried out and the information available.

Article 3 — Protection of the architectural heritage

3.1. Principle

Liège360 intends to contribute to the preservation of the architectural and heritage identity of the province of Liège.

To that end, a sign may be refused or withdrawn when the commercial establishment’s premises, advertising devices or signage constitute a visual impairment to a façade of architectural, historical or patrimonial interest.

This rule applies to buildings classified as buildings not classified that have identifiable architectural interest.

3.2. Evaluation criteria

The examination may in particular take into account:

  • the masking of the architectural elements characteristic of the façade;
  • the multiplication or disproportion of advertising panels, tarpaulins, stickers or signs;
  • the visible visual alteration of the architectural composition of the building;
  • the manifest incompatibility of the commercial arrangements with the patrimonial characteristics of the façade.

The presence of commercial activity in an old or notable building is not, in itself, a reason for exclusion.

A sober, proportionate and respectful sign for the architecture can be accepted.

The presence of a light fixture alone does not constitute an automatic reason for exclusion under this article. However, its impact may be taken into account if it contributes to a visible visual impairment of the façade.

3.3. Patrimonial assessment

The property valuation is carried out by a person appointed by Liège360 to carry out an on-site inspection; in this policy, this person is referred to as the «Liège360 property inspector».

This function is internal or mandated by the association. It does not confer any public control powers or any official inspectorial status within the administration.

The findings may include:

  • an external visit of the places;
  • photographs of the façade and the devices concerned;
  • the description of the affected architectural elements;
  • the possible consultation of public heritage sources;
  • a report of findings transmitted to the person responsible for the decision.

The inspection concerns the visual and editorial aspects of the building. It does not replace the competencies of the public authorities in the fields of urban planning, heritage or advertising.

3.4. Decision based on the finding

A decision to refuse or withdraw based on this article shall be made after examination of the patrimonial assessment, the report and the relevant available elements.

Liège360 reserves the right to request additional information or to conduct a new review when the situation warrants it.

The subsequent withdrawal of a file for patrimonial reasons may not be decided under this article without prior notice from the patrimonial inspector of Liège360, except for a temporary measure necessary to comply with a legal obligation or an urgent situation based on another basis.

Article 4 — Preliminary examination of paid commercial offers

Any paid subscription involving a listing, a promotion or a visibility service is subject to a preliminary editorial review.

The acceptance of an order or the implementation of a paid service must not be considered final until the compliance of the establishment with the referencing criteria has been verified.

Liège360 may reject an application before the final acceptance of the offer when the establishment falls into an excluded category or does not meet the applicable patrimonial criteria.

The contractual conditions and the financial consequences of a refusal, particularly regarding reimbursement, are governed by the provisions applicable to the relevant offer and by the applicable law.

Payment of a service does not confer any right to referencing that is contrary to this policy.

Article 5 — Pre-warning and observations

When a file removal is considered for a reason falling within the scope of this policy, Liège360 will in principle send a warning to the concerned establishment.

The institution has a period of fourteen (14) calendar days from the notification to submit its observations and, if necessary, provide additional information.

Comments can be submitted electronically or by postal mail, using the contact details provided in the notification.

At the end of this period, the decision is made based on the available evidence and the observations received.

The prior warning can be waived or adapted when a legal obligation, an order from an authority, or an urgent situation warrants it. The applicable notification and appeal rights remain reserved.

Article 6 — Notification of decisions

The decisions to reject, withdraw or maintain a file are communicated by email or postal mail, according to the available contact information and the applicable procedures.

When the applicable legislation, in particular the European Digital Services Regulation (DSA), requires an explanation or motivation for the decision, the notification must include the required information.

This policy does not limit the rights of users to receive the explanations, reasons or information to which they may be entitled under applicable regulations.

Article 7 — Right of challenge

The concerned establishment may request the review of a refusal or withdrawal decision within a period of fourteen (14) calendar days from the date of its notification.

The request must identify the contested decision and present the grounds for the challenge, as well as, if applicable, the documents relevant to its examination.

Liège360 reviews the decision in light of the applicable editorial criteria and the information provided.

The complaint is handled in accordance with applicable legal obligations. When an internal mechanism for handling complaints is imposed by the DSA, the procedures provided for by the regulations and the corresponding procedure apply.

The protest does not guarantee the reintegration of the file.

Article 8 — Decision-making authority

The final decision regarding the admission, retention, rejection or withdrawal of a file under this policy belongs to 360 Liège ASBL, through its delegate for daily management, within the limits of the powers conferred on it.

The delegate for daily management shall decide in accordance with the published criteria, the elements of the file, the patrimonial assessment when required, and any observations that may be submitted.

Decisions are made in compliance with applicable legislation and the rights of users.

Article 9 — Coherent application of the policy

Liège360 applies the criteria of this policy in a consistent manner, taking into account the specific situation of each establishment.

Editorial policy cannot authorize a decision contrary to an imperative legal provision.

Liège360 may modify this policy to take into account the evolution of its editorial project, its activities or regulations. Any changes will be communicated to users in accordance with the terms applicable to the general conditions of use.

Article 10 — Link with other provisions

This policy complements the general terms of use of Liège360.be.

In the event of a conflict, the mandatory legal provisions shall prevail. The other provisions of the general terms and conditions shall remain applicable insofar as they are compatible with this policy.

Definitions and legal references

This Application (or this Application)

The asset that allows the provision of the Service.

Agreement

Any legally binding relationship or contractual relationship between the Owner and the User, governed by these General Conditions.

Owner (or Us)

Indicates the person(s) or legal entity(ies) that provides this Application and/or the Service to the Users.

Service

The service provided by this Application as described in these General Conditions and on this Application.

Terms and Conditions

All provisions applicable to the use of this Application and/or the Service as described in this document, including all other documents or agreements, and as updated from time to time.

User (or You)

Indicates the natural person or legal entity using this Application.

In what way can we help you?

What you can do In case of a problem Return to the overview

What you can do

Your data

Ask us what information we hold about you and to access it

Ask us to correct any information we hold about you

Requesting the exercise of your right to be forgotten (erasing the information we hold about you)

Request the transfer of your data to another service

In case of a problem

Although we strive to create a positive user experience, we understand that problems may occasionally arise between us and our users. If that is the case, please do not hesitate to contact us.