General terms and conditions applicable to the LEBI.MODELISM website.
Last updated:
1. Legal information: The LEBI.MODELISM website belongs to LEBI WORLDWIDE, whose registered office is located at Boulevard Bischoffsheim 39/4 – 1000 Brussels – Belgium; RC Brussels n° 0644 648 736; VAT No BE 0644 648 736.
2. Terms of use: Any use of the site implies acceptance of these general and specific conditions of use, which Lebi.modelism reserves the right to modify at any time, and without prior notice, in order to respond to the requests of its customers and/or to comply with legal and regulatory obligations.
3. Restriction of access to the site: Lebi.modelism reserves the discretionary right to prohibit, without prior notice, access to all or part of the site (and to obtain, if necessary, compensation) against any person (natural or legal) who has violated these terms of use; for example, by placing misleading, false or illegal advertisements on the site; damaging the reputation of the site or exploiting it for unlawful purposes; infringing intellectual and/or industrial property rights; by exploiting the personal data to which they may have access via the site to offer paid products or services or to send massive unsolicited messages (spam).
4. Subscription:
4.1. Your subscription to Lebi.modelism continues until terminated. To use the Lebi.Modelism service, you must have internet access and a device compatible with Lebi.modelism, and you must provide us with one or more Payment Methods. A “Payment Method” means a current, valid, accepted payment method that may be updated from time to time and may include payment through your account with a third party. Unless you cancel your subscription prior to your billing date, you authorize us to charge you the subscription fee for the next billing cycle via your Payment Method (see “Termination” below).
4.2. We may offer different subscription offers, including subscriptions offered by third parties in connection with the provision of their own products and services. Some subscription offers may have different terms and restrictions, which will be communicated to you at the time of registration or in other communications made available to you. You can find the specific details of your Lebi.modelism subscription by visiting the lebi-modelism.com website and clicking on the “My Account” link available at the top of the pages, under your profile name.
5. Promotional Offers: We may occasionally offer special promotional offers and subscriptions (“Offers”). Eligibility for Offers is determined at Lebi Worldwide’s sole discretion, and we reserve the right to revoke an Offer and suspend your account if we deem you not eligible.
6. Billing and Termination:
6.1. Billing Cycle. The subscription fee for the Lebi.modelism service will be charged via your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle depends on the type of subscription you chose when you signed up for the service. In some cases, your payment date may change, for example, if your Payment Method didn’t work when you’ve chosen another subscription offer or if your paid subscription started on a day not in a given month. Please go to the Lebi.modelism.com website and click on the “Billing Details” link on the “Account” page to find out when you will be billing. If you have registered for Lebi.modelism using an account you have with a third party as a Payment Method, you can view the billing information regarding your Lebi.modelism subscription by visiting your account with the relevant third party.
6.2. Method of Payment. To use the Lebi.modelism service, you must provide us with one or more Payment Methods. You authorize us to charge your account via any Payment Method associated with your account in the event that your Primary Payment Method is declined or is no longer available to us for payment of your subscription fees. You are liable for any amount not deducted. If payment fails due to card expiration, insufficient balance, or any other reason, and you do not terminate your account, we may suspend your access to our service until we have successfully charged your account via a valid Payment Method. For some Payment Methods, the provider may charge you certain fees, such as fees on international transactions or other fees related to the processing of your Payment Method. Local tax fees may vary depending on the Payment Method used. Please contact the provider of your Payment Method for more information.
6.3. Updating Your Payment Methods. You can update your Payment Methods by visiting the “Account” page. We may also update your Payment Methods with information provided by payment service providers. After any updates, you authorize us to continue to charge your account via the applicable Payment Method(s).
6.4. Termination. You can cancel your Lebi.modelism subscription at any time and you will continue to have access to the service until the end of your billing period. Payments are non-refundable and we do not give refunds or credits for partial use periods, or for any unused Lebi.modelism content. To cancel your subscription, go to the “Account” page and follow the instructions. If you cancel your subscription, your account will be automatically closed at the end of your current billing period. To find out when your account will be closed, please click on “Billing Details” in “Account”. If you have registered for Lebi.modelism using an account you have with a third party as a Payment Method and you wish to cancel your Lebi.modelism subscription, you may need to do so with that third party, for example by visiting your account with that third party and turning off auto-renewal or unsubscribing from the Lebi.modelism service through that third party.
6.5. Price and Subscription Changes. We may change our subscriptions and the price of our service from time to time. However, any changes to pricing or your subscriptions will only be applicable after a minimum of 30 days following receipt of a notice from us. If you do not wish to accept the pricing or subscription change, you may cancel your subscription before the changes take effect.
7. Listing Rates:
7.1. Advertisements are posted online for varying periods, at the rates applicable to them and as communicated on the site.
7.2. Ad rates are determined according to the types of ads and the expected durations, without the possibility for the advertiser to change them. The total amount of the ad is due by the mere fact of its publication on the site. The advertiser will therefore not be able to request any total or partial refund if he withdraws his ad before the expiry of the term expired or if he withdraws.
7.3. When Lebi.modelism changes its rates, the modified rates are immediately applicable to new ads placed by the advertiser.
7.4. The Advertiser is solely responsible for updating and removing the Ads it places on the Site. Ads that have not been removed from the site by the Advertiser by the end of the period will be automatically maintained and will be subject to a new billing (as if they were new ads), in accordance with the rates applicable at the time of their maintenance.
8. Restriction on the publication of advertisements: Lebi.modelism reserves the discretionary right to refuse or deactivate an advertisement placed on its site before its expiry date, without compensation, in the following cases: the advertisement is contrary to a legal or regulatory provision; the advertisement is, in its text or illustration, misleading, false or illegal; the advertisement relates to a property that has already been sold or rented; the advertisement does not specifically refer to a property or to another website.
9. Reality, availability and relevance of ads and services:
9.1. The content [texts, data, photographs, video,…] placed on the site by an advertiser engages its sole and exclusive responsibility.
9.2. All advertisers undertake to place only advertisements that do not contravene either copyright (copyright, image, personality, market practices, incitement to discrimination (2007 laws )…) or morality.
9.3. Lebi.modelism cannot be held in any way, directly or indirectly, responsible for the legality, accuracy and/or content of the advertisements that are placed on its website, nor for the quality of the goods and/or services advertised therein.
9.4. An advertisement available on the Site does not constitute an offer in the legal sense of the term; this could only result from direct contact with the real estate agent, the notary, the advertiser and/or the individual who placed the advertisement.
9.5. When Lebi.modelism makes simulation tools available to the users of its site (financial aspects, credits, acquisition costs, for example), the resulting data are given for information purposes only.
10. Payment Terms:
10.1. All invoices are payable in cash.
10.2. Any invoice dispute, in order to be valid, must be made within ten (10) days of its sending and by registered letter.
10.3. In the event of non-payment of one or more invoices, the sums due that have not been paid by their due date shall bear, by operation of law and without prior notice, an interest of one percent (1%) per month from the date of the due date of the invoice. Any month started will be considered a full month for the purpose of calculating interest.
10.4. In case of non-payment, the amount due will also be automatically increased by a penalty clause in the amount of 10% of the outstanding amount with a minimum of fifty euros (€50.00) as fixed damages.
10.5. Lebi.modelism may then, without prior notice, refuse the advertiser’s new ads and/or deactivate his/her account by removing all the ads present without the advertiser being entitled to any refund or compensation. A reactivation of the ads (which may justify new activation fees) will only take place after full collection of all sums due, to be increased by any late payment interest and other costs.
11. Site Availability:
11.1. For technical and security reasons, Lebi.modelism reserves the right to interrupt access to the website, without being able to be held responsible for these interruptions and the consequences that may arise for the user.
11.2. Lebi.modelism ensures as much as possible that the ads relayed on its site are free of bugs, viruses, spyware, Trojan horses and others… and cannot be held, directly or indirectly, liable for any damages and/or losses resulting therefrom for the user.
12. Hyperlinks: Lebi.modelism cannot be held, directly or indirectly, responsible for the content or consequences of the use of hyperlinks available on the site to content or sites operated by third parties.
13. Privacy and personal data:
13.1. The password granted to each user is personal and confidential and therefore cannot be disclosed to third parties. Each person is therefore solely responsible for any activity carried out on his or her behalf from it.
13.2. Lebi.modelism complies with specific provisions on the protection of personal data, including the GDPR.
14. Intellectual Property:
14.1. All the content of this site (logos, texts, graphics, illustrations, databases, HTML code, etc.) as well as the Lebi.modelism trademark (BOIP registration) belong exclusively to LEBI WORLDWIDE and are protected by intellectual and industrial property rights as well as the law protecting databases, prohibiting any extraction and/or use of all or part of them. As a result, LEBI WORLDWIDE may use the content of the site (including that encoded by the user) for any purpose, in particular for promotional purposes on social networks or others.
14.2. Lebi.modelism reserves the right to unilaterally and without prior notice to modify at any time the configuration and content of the website. As far as possible, the user will be notified of any major changes [e.g. tariff adjustments].
14.3. Any copy, translation, adaptation, modification or use of all or any of the protected elements, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written consent of LEBI WORLDWIDE.
14.4. The User only holds a license, non-exclusive, non-transferable and revocable at any time, to access, display, download and print the content of the Site, but only for strictly personal and non-commercial purposes.
15. Warranty. The user undertakes to indemnify Lebi.modelism against any legal action or any other action brought by any third party whatsoever. He undertakes to indemnify LEBI WORLDWIDE for any damages, fines, taxes or other amounts that may be claimed from him as a result of these actions, including administrative costs, lawyers’ fees and procedural costs.
16. Applicable law and jurisdiction:
16.1. The nullity of all or part of one of the conditions will not result in the nullity of all of them, but the provision in question will only be deemed unwritten.
16.2. For any dispute arising from the use of the Lebi.modelism website, the courts of Brussels shall have sole jurisdiction and will apply Belgian law.
Special conditions applicable to the LEBI.MODELISM website for business customers.
17. Application:
17.1. These special conditions are specifically applicable to the commercial relationship between LEBI WORLDWIDE and its professional clients (here in after referred to as “the professional client”): either professional real estate advertisers [any natural or legal person (with the exception of notaries) who regularly offers real estate for sale or rents on the market] and sellers of advertising space.
17.2. In the event of any contradiction between the Special Terms and the General Terms and Conditions, the Special Terms shall prevail.
18. Specific Contract:
18.1. As soon as a business customer has placed an advertisement, a business account is created in his name and is listed as such in the databases. His account is open for at least one month, tacitly renewable. Even if the client does not offer real estate on the site, this account remains active and the administrative and technical follow-up of this service will be invoiced to the client monthly, in accordance with the tariffs in force, until the client himself expressly indicates to Lebi.modelism that he wishes to permanently close his account.
18.2. The professional client may only transfer advertisements in the context of his own professional activities and is therefore prohibited from transferring advertisements in the name and/or on behalf of other real estate agencies or other professionals.
18.3. The Professional Client shall refrain from any act of unfair competition with regard to Lebi.modelism by refraining, for example, from implicitly or explicitly advertising service providers similar to those offered by Lebi.modelism.
19. Content: The professional client acknowledges that he or she assumes sole responsibility for: the accuracy of the content of the advertisements that he or she uploads to the site; the necessary rights to all elements thus used in each ad; as well as all the elements relating to the relations with the owners with a view to proceeding with the sale or rental of the property/or properties, which are the subject of the advertisements.