General terms and conditions
Effective from 9 February 2024.
The services offered to you via www.shiperise.com and its affiliated websites in the format nomdelorganisation.shiperise.com (the "Site") are offered by Shiperise SA, a limited company incorporated under Belgian law, registered with the Banque-Carrefour des Entreprises under company VAT number BE 0803.121.891, having its registered office at 272 Avenue Brugmann, 1180 Brussels.
Shiperise acts as a service and software provider for stakeholder management of organisations. If you are a member or shareholder of an organization that uses Shiperise's services (the "Organization"), or if you have received a mandate from one of the above categories ("Stakeholders"), you may be directed to the Site.
These General Terms and Conditions describe the rules that apply to :
Please read them carefully before browsing the Site or using our services.
1. General operation
This Site enables Organisations to automate commercial transactions relating to their Stakeholders as well as financial transactions carried out for their own account. As such, the Organisation may invite you to react online, give your consent and consult documents, ask questions, receive answers and vote before or during these meetings via the Site.
Once you have created an account in compliance with the requested instructions (in particular by accepting the Terms and Conditions and providing the requested information), which will have the authorisations set by the Organisation, you become a user.
The creation of an account enables Users to carry out actions via their account on the Site (the "Actions") and to have access to other features of the Site reserved for Users.
Users undertake to keep their user names and passwords reserved for them (the "Confidential Codes") strictly confidential and in particular not to pass them on, divulge them or leave them accessible to third parties. All Users are prohibited from accessing the pages reserved for another User using the Confidential Codes of which they have become aware by any means whatsoever, with or without the knowledge of the latter, except in the event of a specific mandate granted by this other User under their full and entire responsibility.
Shiperise may - at the express request of a User - access a User's account to assist in the event of a technical problem.
2. Proof
Users agree that all recordings made by Shiperise of data relating to Users' accounts and Actions on the Site and, in particular, to access to the Site and to accounts in Shiperise's information systems shall have the same evidential value as an original signed paper document, in the absence of proof to the contrary.
3. Responsibilities and obligations
Users agree to use the Site and the dedicated web areas accessible via their account(s) in a manner that will not cause, or would not reasonably cause, loss of reputation or damage to the Organisation or Shiperise. Users agree to follow the instructions of the Organisation and Shiperise with respect to the use of the Site and their account(s).
Users undertake not to use services or features for which they do not have the rights or for which they do not accept the General Terms and Conditions.
Users declare that they are fully aware of the fact that only the Organisation verifies the identity of the person who uses a User's Confidential Codes to access their account and perform Actions. Shiperise has the right to assume that each Action on the Site account using a User's Confidential Codes has been carried out by that User or with that User's authorisation. Except in the case of fraud or gross negligence on the part of Shiperise, the User alone shall bear all financial or other consequences resulting from the fraudulent or unauthorised use of his Confidential Codes by a third party, whether a User or not.
In general, it is the responsibility of the Organisation to fulfil all legal and regulatory obligations. Use of the Site is intended as a means of assisting the Organisation in fulfilling these obligations but it is the responsibility of the Organisation to ensure that these functions are carried out in compliance with the law and regulations.
Users are responsible for all actions they take on the Site, including decisions, questions, messages, etc. that they publish on the Site using the Site's functionalities, and for their content. Shiperise cannot be held responsible for the consequences of fraudulent, illicit, prejudicial or unauthorised use of these questions and messages by Organisations, Users or third parties.
Shiperise shall act honestly, fairly and professionally, as would be expected of any professional in their field. Shiperise's services are provided on a best effort basis.
Although Shiperise endeavours at all times to make its Site available to Users in a continuous and uninterrupted manner, Shiperise cannot guarantee that (i) the Site will be able to satisfy all User requests and (ii) that it will never be interrupted, that it will always be accessible and that it will not contain errors or omissions.
In particular, Shiperise reserves the right to interrupt access to the Site and/or certain of its functionalities at any time and without prior notice, for technical, maintenance or any other reason, and in particular in order to prevent fraud, misuse of the Site, etc.
Shiperise shall not be liable to Users for any damage that results or will result, directly or indirectly, from the use or provision of the Site, unless (and to the extent that) the damage is the direct result of gross negligence or wilful default on the part of Shiperise in providing the services associated with the Site.
4. Restriction of access to the Site
Shiperise reserves the right to prohibit access to all or part of the Site to any User who violates the provisions of these General Terms and Conditions, who uses the Site and its content for illicit, fraudulent or unauthorised purposes, or in a manner that is prejudicial or does not comply with their objectives, or who may damage the name and reputation of Shiperise, without prejudice to any other recourse or claim for compensation.
5. Termination by a User
The contractual relationship under these Terms and Conditions is for an indefinite period. A User may, at any time and at no cost, decide to terminate the contractual relationship by cancelling his/her account(s).
For more information on how long we keep your data, please refer to our Privacy Policy.
It is understood, however, that all information received from Users in the course of fulfilling the Organisations' legal obligations (such as questions and votes at formal meetings) will be retained permanently as part of those legal obligations.
6. Termination by Shiperise
Shiperise may unilaterally decide to exclude a User for legitimate reasons, or in order to comply with a legal obligation or an injunction. In this case, Shiperise shall inform the User of the termination of the relationship unilaterally and with immediate effect, without prior warning or compensation, by e-mail.
7. Death of a User
In the event of the death of a User, the heirs and/or successors must inform the Organisation. Upon notification by the Organisation, Shiperise will take the necessary measures.
8. Hyperlinks
By means of hyperlinks, the Site provides access to third-party websites or websites operated by third parties. Shiperise cannot be held responsible for access to these third-party websites by a User and cannot incur any liability in connection with the visit to and use of these websites with regard to the content, products and services available on or from these websites. Nor can Shiperise be considered as publishing or approving these websites or their content. The rules applicable to the Site cease to apply as soon as the User accesses such a third-party website using the hypertext links available on the Site.
9. Modification of the Site and the General Terms and Conditions
Shiperise reserves the right, without informing Users, to modify and update access to the Site at any time, as well as all or part of the content of the Site, and in particular to delete, update or insert information and/or functionalities on the Site at any time. These modifications and updates to the Site apply to Users with immediate effect.
Shiperise also reserves the right to modify the General Terms and Conditions at any time. These changes will apply to Users with immediate effect from the date on which the new Terms and Conditions are posted on the Site. Any User who has not cancelled his/her account before the new Terms and Conditions come into force shall be deemed to have accepted them.
The updated version will be available via a hypertext link at the bottom of each page of the Site.
10. Duration
The General Terms and Conditions apply for as long as the user has one or more accounts on the Site.
11. Miscellaneous
It is understood that the provisions of the General Terms and Conditions are divisible. The invalidity or inapplicability of (part of) one of the stipulations or clauses of these General Terms and Conditions shall not result in the invalidity or inapplicability of the remainder of that provision or of any other provision of these General Terms and Conditions. It is agreed that any such provision or clause shall be replaced by a provision which is enforceable, and which is as similar in substance as possible to the unenforceable provision.
12. Avoidance of conflicts of interest
Shiperise undertakes to comply with the legal rules applicable to conflicts of interest.
13. Complaints / Technical issues
Any claim or complaint or technical problem from a User concerning browsing on the Site or from a User concerning fraudulent or unauthorised use of their account, must be sent as soon as possible to Shiperise by e-mail to the following address: hello[at]shiperise.com
14. Applicable law and jurisdiction
All disputes arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with Belgian law.
The User irrevocably accepts that the courts of Brussels (French-speaking section) have sole jurisdiction to settle any dispute arising from or in connection with these General Terms and Conditions.