Terms and conditions for Meesa
The service "Meesa" is offered over the internet by the company Meesa BV. The use of Meesa is subject to the below terms and conditions. Using Meesa constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions are possible only by means of written confirmation by Meesa BV.
Article 1. Use of the service
1.1. The service Meesa allows you to publish advertisements for products and services, and to respond to advertisements by others.
1.2. To use Meesa, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Meesa BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Meesa BV that someone else knows your password.
1.4. Meesa processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Meesa BV for more information.
2.1. It is not permitted to use Meesa for any purpose that violates Belgian or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to publish advertisements for items that violate applicable law, such as foor stolen goods or software without a valid license.
2.2. In addition, on Meesa it is forbidden to:
- use indecent language;
- publish information where it is unwanted (offtopic);
- publish information in violation of copyright or hyperlinks to such information;
- assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
- violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
- and to do anything that violates applicable netiquette.
2.3. Should Meesa BV discover that you violate any of the above, or receive a complaint alleging the same, then Meesa BV may intervene to end the violation.
2.4. If in the opinion of Meesa BV the continued functioning of the computer systems or network of Meesa BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of email or other data, leaks of personal data or virus activity, Meesa BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Meesa BV in particular is entitled to change your contributions at its own discretion.
2.5. Meesa BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Meesa BV is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
3.1. Meesa BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Meesa BV actively maintains Meesa. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Meesa BV may from time to time adapt Meesa. Your feedback and suggestions are welcome but ultimately Meesa BV decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Meesa, the accompanying software as well as all information and images on the website is the intellectual property of Meesa BV. None of these items may be copied or used without prior written permission of Meesa BV, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Meesa BV receives an unlimited license for use of this information, including the right to sell (sublicense) the information to third parties and the right to use this information for other services of Meesa BV.
4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Meesa BV may decide to adapt or remove the information.
4.4. You may change or remove information you publish or store using the service at your own discretion.
4.5. If you send information to Meesa BV, for example a bug report or suggestion for improvement, you grant Meesa BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. Meesa BV shall refrain from accessing data you store or transfer using Meesa, unless this is necessary for a good provision of the service or Meesa BV is forced to do so by law or order of competent authority. In these cases Meesa BV shall use its best efforts to limit access to the information as much as possible.
4.7. In case Meesa BV discovers your contributions have been copied by third parties in combination with contributions of others, then Meesa BV is authorized to take legal action against such copying under its own or your name. All costs must be borne by Meesa BV but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Meesa BV to act against copying of (substantially) all contributions to Meesa.
Article 5. Compensation for the service
5.1. The use of Meesa is paid for by spending credits for all functionalities designated as 'premium', for every message with commercial intent you send,as documented further on the website. Credits must be purchased in advance.
5.2. Payment is possible through BanContact Mister Cash, by credit card, by PayPal money transfer, via paysafecard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
5.4. Payment is possible through direct debit order, by making a wire transfer to the account of Meesa BV, via iDeal online payment, by creditcard, PayPal money transfer, or as explained further on the website.
5.5. Credits are not refunded. Meesa BV is entitled to cancel the validity of credits purchased more than a year ago.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Meesa BV shall be limited to the amount of credits spent by you in the three months prior to the moment the cause of the damage occurred.
6.2. Meesa BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Meesa BV at most two months after discovery.
6.4. In case of force majeure Meesa BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Meesa BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Meesa BV shall first send a reminder mail to the email address connected to your account.
Article 8. Changes to terms
8.1. Meesa BV may change or add to these terms and conditions as well as any prices at any time.
8.2. Meesa BV shall announce through the service changes or additions at least thirty days before their taking effect. Price changes shall not apply to alreadypurchased credits.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Meesa after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Belgian law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Meesa shall be brought before the competent Belgian court for the principal place of business of Meesa BV.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by email or communication through the Meesa service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Meesa BV shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Meesa BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Meesa or the associated business activities.