Article 1. Identification
The XPR.IMMO service is a tool made available to you by the company [XXX], whose registered office is located at [XXX], registered with the CBE under number [XXX] (website: [XXX]; email: [XXX]).
This is an online platform that enables:
- users who are real estate experts to generate real estate appraisal reports, assess properties and access a range of digital services intended for real estate professionals
- individual users to be connected with a real estate expert in order to commission them to carry out an appraisal. XPR.IMMO brings together a network of experts covering the entire Belgian territory and grouping all certifications recognized at Belgian, European and international level (notably RICS and TEGOVA). This approach enables each user to find a local expert with appropriate accreditations for their needs, whether for credit, inheritance, donation, divorce, tax return, IFRS report, judicial expertise, technical advice or simply an estimate prior to sale.
The solution integrates various innovative tools (automatic mapping, calculations, artificial intelligence, comparison points, Febelfin model, QR code linking to a data room, etc.) to facilitate your procedures and continuously improve platform efficiency.
The platform also lists the main banks active in the real estate market, as well as specialized organizations such as Expertym, De Crombrugghe or CABOLEX, and Belgian real estate chambers such as CIBEX, ABEX, KAVEX and BELGAVAL.
The company XPR.IMMO is not a real estate professional and does not provide any appraisal service in its own name. Its role is solely technical and consists of facilitating contact between individuals and experts and facilitating the creation, management and sharing of reports by experts. The real estate expert bears full and exclusive responsibility for the information contained in its reports.
Requests for real estate advice, as well as all requests that do not concern the creation and management of User accounts, should be primarily directed to the expert concerned.
Article 2. Definitions
2.1. XPR.IMMO: the company XPR.IMMO identified above;
2.2. Account: the personal interface that a User has via the Platform and which allows them to access the Platform, use its functionalities and manage their data;
2.3. Terms: the provisions contained in this document (including general terms and conditions of use), as well as all its annexes which form an integral part;
2.4. Indirect damage: Indirect damages are the direct consequences of direct damages. Without this list being exhaustive, these damages include any financial or commercial loss, loss of customers or opportunities, loss of savings or profits, damage to brand image, increased costs and general expenses, any delay or disruption in the planning of projects or User activities, as well as any loss of data or resulting consequences. 2.5. Force majeure: In addition to the circumstances usually retained by doctrine and courts, the following circumstances constitute cases of Force majeure: floods, total or partial strikes, particularly of postal services and means of transport and/or communications, lockdowns, epidemics, pandemics, natural disasters, terrorist acts, wars, power surges and electrical shocks, electromagnetic shocks, storms, solar radiation from solar eruptions, failures of cooling systems and computer equipment, blockages and slowdowns in electronic communication networks, viruses, computer hacking including denial of service attacks, and more generally any unforeseeable fact for the Parties.
2.6. Platform: the online Software as a service tool provided by XPR.IMMO through the web interface, including this interface;
2.7. Party: designates indifferently one of the Parties to these Terms;
2.8. Parties: the different parties to these Terms;
2.9. Expert: User of the platform who is an accredited real estate professional, attached to an Organization (or acting as its own Organization), and drafting real estate appraisals.
2.10. Organization: entity (legal person or sole proprietor) grouping one or more Experts, and using the Platform to manage the distribution and carrying out of real estate appraisals.
2.11. Requester: any natural or legal person, with an account on the Platform and using the platform in a non-professional capacity, in order to be connected with an Expert or Organization and commission them to carry out an appraisal.
2.12. User: designates indifferently any Organization, any Expert or any Requester with an Account on the XPR.IMMO Platform.
2.13. Client: any natural or legal person directly requesting from an Organization or Expert the preparation of a real estate report or other appraisal service. The Client does not have direct access to the Platform and interacts exclusively with the Organization or Expert concerned.
Unless otherwise specified, plurals include singulars and vice versa.
Terms that are not defined are understood in their common sense.
Article 3. Purpose
3.1. The Terms govern the manner in which the User may access and use the XPR.IMMO Platform.
3.2. These Terms do not govern the relationship that is formed directly between the Client and the Organization/Expert. XPR.IMMO is not involved in any way in the contractual, financial or technical relationship between the Client and the Organization/Expert.
3.3. These Terms do not govern the relationship formed directly between the Requester and the Organization/Expert once they have been connected via the Platform. XPR.IMMO is not involved in any way other than in the contractual, financial or technical relationship between the Requester and the Organization/Expert except for the payment to the Organization/Expert of the amount earned for carrying out an appraisal. 3.4. XPR.IMMO does not provide any real estate appraisal service in its own name.
3.5. The Organization and Expert remain solely responsible for the services they offer to their Clients and Requesters via the Platform, as well as the complete management of their activities, including logistical, commercial, marketing, accounting, financial and legal aspects.
Article 4. Application of these Terms
4.1. By registering on the Platform, the User acknowledges having read these Terms and accepts without reservation all their stipulations, by checking the box provided for this purpose.
4.2. Thus, by clicking on the box "I have read the general terms and conditions of use", the User acknowledges, in their own name and on their own behalf and/or on behalf of the Organization they represent:
• having read these Terms and expressly accepting them;
• complying with them at all times and in all circumstances from their acceptance;
• being fully aware of their obligations and the responsibilities resulting therefrom.
4.3. Access to the Platform is subject to prior acceptance of these Terms upon registration.
4.4. The User declares and warrants that they have the legal capacity to contract and, if representing a company or other legal entity, is authorized to act on behalf and for the account of that company or entity.
Article 5. Modification of these Terms
5.1. The Terms may be modified at any time by XPR.IMMO and without notice.
5.2. Any modification will be notified to the User by email or directly by a message on the Platform, or by the means deemed most appropriate by XPR.IMMO. If the User does not respond, the modification will take effect 30 days after this notification.
5.3. The User is free to unsubscribe from the Service within the aforementioned period if the modified Terms do not suit them. This unsubscription does not entitle the User to reimbursement of credits already purchased and not used. If they do not unsubscribe after a period of 30 days, they are deemed to accept without reservation the new version of the Terms.
Article 6. Description of Services offered to Organizations and Experts
6.1. Generation of reports, analyses and documents
6.1.1. Through the Platform, Organizations and Experts can automatically generate reports, analyses and other documents based on:
• data provided by the User (Organization and/or Expert and, where applicable, by its Clients/Requesters), public real estate data collected by XPR.IMMO, in particular through its artificial intelligence module, concerning identical or, failing that, comparable properties (location, characteristics, condition, market conditions),
• and internal algorithmic and statistical processing.
6.1.2. The Organization is the holder of the Account on the Platform. It then defines the Expert(s) who are part of its Organization and can/can use the credits ordered by the Organization.
6.1.3. The Organization is responsible for the use of the Platform by its Experts.
6.1.4. XPR. IMMO is not party to the relationship between the Organization/Expert and its Client. XPR.IMMO simply makes the Platform available to the Organization/Expert.
6.1.5. XPR.IMMO provides Organizations and their Experts with a tool to facilitate the generation of appraisals, intended to assist them in drafting their reports. The generated documents are prepared automatically, without prior control or human validation by XPR.IMMO. This tool is merely a technical support and does not in any way replace the analysis, judgment or professional responsibility of the Organization and its Experts.
6.1.6. XPR.IMMO does not guarantee the accuracy, completeness or currency of the data used to generate the documents.
6.1.7. The Organization and its Experts remain fully responsible for the content, quality and compliance of the reports they produce using the tool. It is their responsibility to review, verify and validate the entire content before any transmission or use.
6.1.8. The Expert commits to complying with all of its professional, legal and ethical obligations, and to assume sole responsibility for the consequences resulting from the use of the reports or appraisals it establishes.
6.1.9. The Client's personal data processed for the generation of reports is only used by the Expert for the sole purpose of producing the requested document and is not communicated to third parties.
6.1.10. The Organization and/or Expert is solely responsible for the interpretation and use of the generated documents, as well as the consequences resulting therefrom.
6.1.11. The Expert will hold XPR.IMMO harmless from any claims by the Client, Requester or third parties regarding the content of the report.
6.2. Use of an algorithmic artificial intelligence module
6.2.1. The Platform integrates an algorithmic artificial intelligence module designed to collect, aggregate and analyze information from public sources, in particular relating to real estate sale prices. This tool is made available to Organizations and its Experts.
6.2.2. This module has the sole purpose of feeding the reports, analyses and other documents generated via the Platform for Users.
6.2.3. The processed data is exclusively extracted from sources considered as public, and XPR.IMMO assumes no responsibility for their accuracy, currency or completeness.
6.2.4. Confidential information provided by the User in the context of using the Platform (including that relating to Requesters in appraisal reports) is not in any way used to feed, train or improve this artificial intelligence module. It is only used for the preparation of documents expressly requested by the User.
The User acknowledges that the information from this module does not constitute real estate expertise in the legal sense and that it is their responsibility to verify the relevance and accuracy of the data before any professional use.
6.2.6. XPR.IMMO disclaims any liability for direct or indirect damage resulting from the use of data collected or analyzed by this module.
Article 7. Description of Services to Requesters
7.1. XPR.IMMO makes the Platform available to Requesters so that they can connect with an Organization or Expert. The Platform facilitates contact, communication and management of appraisal requests between the Requester and the Organizations and their Experts.
7.2. XPR.IMMO limits itself to providing a technical tool allowing this connection and the payment of the appraisal price to the Expert or Organization.
XPR.IMMO is not party to the contractual relationship concluded between the Requester and the Organization/Expert, and assumes no responsibility for the quality, compliance or results of the services performed by them.
7.3. In accordance with Regulation (EU) 2022/2065 (Digital Services Act), Experts are displayed and ranked on the Site according to objective and transparent criteria, primarily based on their declared hourly availability and their geographical proximity to the location indicated by the Requester, with the closest Experts being offered as a priority.
This ranking does not constitute a personalized recommendation or qualitative assessment of the Experts and is not influenced by payments, commercial partnerships or financial benefits.
Article 8. Payment and billing terms
A) Use of the Platform by the Organization/Expert:
8.1. Credit system and packages
8.1.1. Use of the Platform by Organizations and Experts is subject to the use of credits.
8.1.2. Each use of a service by the Organization/Expert results in the deduction of the corresponding number of credits, until the available balance is exhausted.
8.1.3. Credits are acquired by purchasing packages marketed by the Platform and described on the site at the time of order.
8.1.4. The purchase of credits takes the form of a one-off transaction.
8.1.5. No subscription, tacit renewal or recurring charge is associated with the acquisition of credits.
8.1.6. The available credit packages, their characteristics and prices are indicated on the Platform at the time of purchase.
8.1.7. Prices are expressed in euros (EUR) and are exclusive of VAT unless otherwise stated.
8.1.8. The applicable prices are those in force on the date of order. The Platform reserves the right to change its rates for the future. Credits already acquired remain usable in accordance with the conditions in effect on the date of their purchase.
Credit validity period
8.2.1. Unless otherwise stipulated at the time of order, credits are valid for a period of two (2) years from their date of acquisition.
8.2.2. Upon expiry of this period, unused credits will be automatically invalidated and permanently lost, with no refund being possible.
8.2.3. However, XPR.IMMO reserves the right, at its sole discretion, to inform the User two (2) months before the expiry of the credits of the possibility of extending their validity period by an additional (1) year.
8.2.4. This option is a simple option left to XPR.IMMO, without commitment or obligation on its part. The User cannot derive any rights or claims from the fact that this possibility is or is not offered to them.
8.3. Conditions for the use of credits
8.3.1. Credits are attached to the Account of the User who made the purchase and cannot be transferred, assigned or resold to third parties, except where otherwise expressly provided for certain packages.
8.3.2. Credits are exclusively intended for the use of the XPR.IMMO Platform by the Organization/Expert. Any abusive, fraudulent use or use contrary to these Terms may result in the suspension or deletion of the User's Account, without reimbursement of remaining credits.
8.4. Payment and invoicing
8.4.1. Payment of credits and packages takes place at the time of order, by the payment methods made available on the Platform.
8.4.2. The order is only deemed final after actual receipt of the price by the Platform.
8.4.3. An invoice is issued and made available to the User after payment validation.
8.4.4. Online payment of orders is made exclusively through the payment service provider Stripe. By proceeding to payment, the User acknowledges that transactions are processed in accordance with Stripe's general terms, to which they declare to adhere.
8.4.5. XPR. IMMO cannot be held responsible for any malfunction, error, delay, payment refusal, security breach, service interruption or any other incident attributable to Stripe or payment networks.
8.4.6. By using the online payment service, the User accepts that XPR. IMMO is released from any liability relating to payment processing, transaction security and any direct or indirect consequences related to the use of Stripe.
8.5. Right to withdraw from Expert/Organization
8.5.1. Experts and Organizations act exclusively for professional purposes and cannot in any way be considered as consumers within the meaning of the Belgian Code of Economic Law. As such, they do not benefit from the right to withdraw provided for consumers.
B) Payment of an appraisal by the Requester
Price
8.6.1. Creating a user account on the Platform is completely free for the Requester. No fees are charged to the Requester for opening, maintaining or using their account.
8.6.2. The real estate appraisal services offered on the Platform are performed by the Expert at the price clearly displayed on the site at the time of order by the Requester. The applicable price is that in effect at the time of confirmation of the order by the Requester.
8.6.3. Prices are indicated in euros, exclusive of VAT unless otherwise stated.
8.7. Payment of Services via the Platform
8.7.1. Any appraisal order must be paid in full by the Requester at the time of order, directly on the Platform, using the secure payment solutions provided.
8.7.2. No direct payment between the Requester and the Expert/Organization is permitted outside the Platform. Any attempt to circumvent the payment system may result in suspension or termination of the user account.
8.8. Role of the Platform in the Transaction
8.8.1. The Platform acts exclusively as a technical intermediary enabling:
• connection between individuals and Experts,
• management and processing of payment,
• transmission of funds to the Expert/Organization.
8.8.2. The Platform is neither the seller nor the provider of the appraisal service.
8.8.3. The Requester's order is only validated once payment is made.
8.9. Right to withdraw from Requester
8.9.1. If they are a consumer within the meaning of the Code of Economic Law, the Requester has a period of fourteen (14) days to notify the Platform of their decision to withdraw from an appraisal order.
The day of the appraisal order constitutes the start of this fourteen (14) day period.
8.9.2. The Requester informs the Platform, before the expiry of the withdrawal period, of their decision to withdraw by sending an email to the address ……………………… clearly stating their decision to withdraw.
To notify their decision to withdraw, the Requester can use the withdrawal form template in Annex 2 of the Belgian Code of Economic Law, available online at the following address: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf.
8.9.3. In the event of withdrawal, XPR.IMMO will refund the price paid within fourteen (14) days of the Requester's notification of their intention to withdraw.
Unless expressly agreed otherwise, XPR.IMMO will make the refund using the same payment method used by the Requester for the original transaction.
However, the Requester will not be able to exercise their right to withdraw:
• after the appraisal has been fully performed if performance has started with the Requester's prior express consent, which has also acknowledged that they will lose their right to withdraw once the contract has been fully performed by the Expert/Organization.
• as soon as the appraisal constitutes digital content not provided on a physical medium within the meaning of Article VI.53, 13° of the Code of Economic Law;
C) Payment of the Expert/Organization
8.10. For each order placed by a Requester, the Platform collects from the Requester the price of the appraisal, as announced at the time of order on the xpr.immo site.
The Platform freely sets the price of the appraisal.
It notifies any proposed price change with at least 15 business days' notice, so that the Expert/Organization can, if desired, deactivate their account on the platform.
8.11. The Platform then pays the appraisal price to the Expert, after deduction of its commission which amounts to X% of the appraisal price, according to the following procedure:
The Expert has a personal space on the Platform allowing them to consult all the appraisals ordered from them by individuals, as well as their status (pending, in progress, completed).
At the end of each month, the Expert draws up an invoice to the Platform, corresponding to all the appraisals ordered, performed and validated on the Platform during the past month.
The Platform makes payment of the amount due to the Expert within 60 days of receipt of the invoice.
8.12. If the Requester exercises their right to withdraw, the "cancelled" notation will be indicated next to the appraisal in the Expert's personal space on the Platform.
If the cancelled appraisal has not been performed by the Expert, the Platform will refund the Requester and the appraisal will not be invoiced by the Expert to the Platform.
If the Requester withdraws after the appraisal has been performed, the Platform does not refund the appraisal to the Requester and the Expert records the appraisal in their invoice.
Article 9. User Obligations
9.1. A user account is strictly personal and cannot be shared with third parties. It is the User's responsibility to take all necessary steps to ensure the confidentiality of access to their account.
9.2. Upon registration, the User must choose a username and password in order to access the Service. To ensure the confidentiality and security of the Service, the User must use their username and password in a way that preserves their strict confidentiality. In particular, the User must not communicate their username and/or password to anyone.
9.3. The User is solely responsible for protecting the confidentiality and security of their username, password and login. The User must not use a simple password (e.g. 123456), must regularly change their password to ensure a high level of security and must keep up to date all software that allows them to access the Platform (operating system, antivirus, browser, etc.).
9.4. When the User loses their password, they have the option to reset it.
9.5. Any use of the Service through their username and password is deemed to have been done by the User themselves.
9.6. In case of use by a third party of their username and/or password, the User must immediately inform XPR.IMMO.
9.7. The User is responsible for the use of the Platform and all actions taken on the Site with their username, unless the use of their account was made after unsubscription or after notification to XPR.IMMO of misuse of their account.
9.8. XPR.IMMO reserves the right to refuse access to the Platform or close an Account if a User violates any applicable law or any provision of these Terms or engages in inappropriate behavior that endangers the proper functioning of the Platform and the protection of other Users and their data. If necessary, the refusal of access may concern a particular IP address or MAC address.
9.9. Users use the Platform and associated services in the manner that a normally prudent and diligent person would use them, in compliance with laws, Terms and good practices. The User commits to acting honestly, fairly and in good faith, both in the use of the Service and in the relationships they may establish with other Users.
9.10. The addition of information to the Platform by the User does not result in any transfer of ownership or usage rights to XPR.IMMO. However, XPR.IMMO remains the owner of the data it has itself provided to the Platform, as well as the appraisal reports it has generated.
9.11. The User is solely responsible for the Information they submit and publish on the Platform. It is also the User's responsibility to verify the accuracy, completeness and relevance of the Information published by their staff and other team members. XPR.IMMO acts with respect to this data as a simple "host". XPR.IMMO cannot be held responsible for any loss resulting from the inaccuracy or omissions of Information provided by Users.
9.12. Thus, in the context of using the Service, the User also commits to:
• Respecting the privacy of others;
• Respecting the rights of third parties and in particular their intellectual property rights;
• Respecting the confidential nature of data to which they may access through the Service;
• Refraining from entering malicious, derogatory, deliberately misleading, unlawful and/or immoral messages, information or data;
• Not usurping the identity of other Service Users;
• Not hindering or disrupting the operation of the Service in any way;
Not attempting to obtain unauthorized access to the Service or to the systems or networks associated with it or to intercept data;
• Not harassing other Users (in particular by sending unsolicited messages);
• Verifying that the Service and the operations it performs through the Platform comply with applicable legal and regulatory provisions and acknowledges that XPR.IMMO cannot in any way be held responsible in case of violation of said regulations on their part.
Article 10. XPR.IMMO Obligations
10.1. XPR.IMMO makes its best efforts to ensure the proper functioning and access to the Platform 24 hours a day, 7 days a week.
10.2. However, the User understands and accepts that the Platform may be temporarily made inaccessible for technical reasons, particularly in the event of updates or maintenance. The User is also aware that a technical problem, such as a virus, computer bug or malicious intrusion when using the Platform, cannot be completely ruled out. XPR.IMMO disclaims all responsibility for any inconvenience or damage attributable to third parties such as, but not limited to:
• absence, interruption or slowness of internet connection or slowness of server or other element of computer infrastructure,
• external intrusion or presence of computer viruses distributed via the internet or by any other means as well as any resulting consequences on the server or other element of computer infrastructure,
• attempted fraud by phishing (or other technique),
• diversion or theft of information,
• computer crash,
• partial or total, temporary or permanent interruption of the Platform due to a third party.
10.3. In the event of a computer incident affecting the hosting of the Platform and related files, XPR.IMMO will make its best efforts to restore a previous version of the Platform and files. However, it is the User's responsibility to implement regular backups, in accordance with the state of the art, of their own files and data.
Article 11. Data Hosting by XPR.IMMO
11.1. For data provided to the Platform by Users, XPR.IMMO acts as a host within the meaning of Article XII.19 §1 of the Code of Economic Law and within the meaning of Directive 2000/31/EC of 8 June 2000 called "Electronic Commerce". XPR.IMMO therefore exercises no control over the content hosted and transmitted via the Platform and is exempt from any responsibility for the quality of this content.
11.2. The User is solely responsible for the content of the information provided upon account creation, account management or use of the Platform. They release XPR.IMMO from all responsibility and indemnify it to the extent necessary for any claims that could be made against XPR.IMMO by other Users or third parties.
Article 12. Confidentiality and access to information
12.1. Confidentiality
12.1.1. Information of any kind, including personal data, published on the Platform and/or exchanged in the context of the Service is strictly confidential (this information is hereinafter referred to as "Confidential Information").
12.1.2. The User commits to ensuring the confidentiality of Confidential Information and to limiting its access to only those persons who are under their direct responsibility (employees or agents, etc.) and/or persons with whom they are working (subcontractors, experts, lawyers, etc.) who are bound by a confidentiality obligation at least as binding as that assumed under these Terms.
12.1.3. The User commits to informing third parties of the private nature of Confidential Information and to instructing them to treat it in accordance with the provisions of this Article.
12.1.4. This Article applies throughout the duration of these Terms and survives beyond its term for five (5) years.
12.1.5. XPR.IMMO will endeavor to take all appropriate and customary technical and organizational precautions to preserve confidentiality and ensure the security of the Platform and any data. XPR.IMMO will also, in particular, take measures to prevent the destruction, loss, alteration, unauthorized disclosure of personal data transmitted, stored or otherwise processed, or unauthorized access to such data, whether accidental or unlawful.
12.2. Access to information
Information recorded by the User on the Platform is visible to:
• Members of the XPR.IMMO team to provide technical support. They commit to not disclosing the information and respecting its confidential nature;
• Users belonging to their Organization, to whom they have granted access to this information; no external User has access.
Thus, XPR.IMMO guarantees separation between Confidential Information of different Users.
Article 13. Liability of XPR.IMMO
13.1. All obligations of XPR.IMMO are best efforts obligations.
13.2. The Platform and associated services are provided as is, without any warranty regarding technical bugs, deficiencies or lack of performance, any incompatibilities.
XPR.IMMO disclaims all responsibility for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, external intrusion or the presence of computer viruses, phishing attempts (or other technique), diversion or theft of information, or any fact qualified as Force majeure.
13.4. Electronic fund transfers are made under the responsibility and according to the general terms of electronic payment service providers. They are deemed to form an integral part of the Terms and must be reasonably interpreted as binding the User. The User understands and accepts that XPR.IMMO cannot provide more guarantees than what it receives from its own service provider.
13.5. XPR.IMMO disclaims all responsibility in case of inadequacy between the User's computer installation (hardware, software, connection...) and the Platform. The User is required to adequately inform themselves about hardware or software compatibility before using the Platform.
13.6. XPR.IMMO disclaims all responsibility for any damage of any kind, personal or material, resulting from improper use or use contrary to the intended purpose of the services provided by XPR.IMMO.
13.7. Regardless of the service or product provided by XPR.IMMO, XPR.IMMO disclaims all responsibility:
• in the event of Indirect Damages,
• in the event of insufficient cooperation by the User in the performance of these Terms,
• in the event of Force majeure,
• in the event of temporary or prolonged unavailability of the Platform.
13.8. In any event, except for personal injury or death of the User due to an action or omission of XPR.IMMO, the liability of XPR.IMMO is limited to EUR 500 per claim.
Article 14. User Liability
14.1. Each User assumes sole full civil, criminal, administrative or other liability likely to result from their use of the Platform, and guarantees and holds XPR.IMMO harmless from any liability resulting from:
• All actions performed in connection with the use of the Platform through their Account, by them or by an unauthorized third party who was able to access it (unless the User has unsubscribed from the Service or notified XPR.IMMO of misuse of their Account);
• Information they create, enter and publish in the context of using the Platform;
• Information they exchange with other Users;
• Messages they send to other Users;
• Contacts and relationships they initiate with other Users;
• Their use of web services.
14.2. Each User is, of course, solely responsible for their computer equipment, their data and software as well as the network connection allowing them to access the Service.
The User must alone ensure the compatibility of their equipment, software and connections with the Platform.
14.4. The User is solely responsible for the confidentiality of the Information they publish and commits to not publishing Information that could infringe any confidentiality or secrecy obligation.
Article 15. Intellectual Property
15.1. The Platform, its source code, design, layout, the texts and images it contains, the databases linked to it (both their content and structure); the websites linked to the Platform, their source code, design, layout, the texts and images they contain, the databases linked to them (both their content and structure); the trademarks, business name, domain names, ... of XPR.IMMO are protected by intellectual property rights of which XPR.IMMO is the owner.
15.2. The provision of the Platform is analyzed as a precarious license of use - within the limits of normal use in accordance with how a normally prudent and diligent person would use the Platform - and non-exclusive license granted to Users. This license is conditioned on the User's compliance with these Terms and may be interrupted without notice in case of breach of these Terms. This license does not result in any transfer of rights to the User.
15.3. The User commits to not infringing the property and intellectual property rights of XPR.IMMO on the Platform and all other elements protected by intellectual property rights owned by XPR.IMMO, and to taking the necessary measures to ensure compliance with XPR.IMMO's rights by the persons for whom they are responsible.
15.4. The User may not in any way copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, on any medium, by any means, or exploit in any way, all or part of the elements protected by intellectual property rights owned by XPR.IMMO.
Article 16. Privacy
16.1. XPR.IMMO is concerned with protecting the privacy of its Users.
16.2. XPR.IMMO processes personal data provided by Users when they create an Account on the Platform. In this case, XPR.IMMO acts as a controller and in accordance with applicable data protection regulations as well as its Data Protection Policy.
16.3. With regard to data that Users place on the Platform during their use of this Platform (and not in the context of creating their Account), XPR.IMMO acts as a processor. Indeed, it processes data on behalf and for the account of the User who assumes the role of controller. Any request concerning the processing of this data by the User must therefore be addressed directly to them, including any request by which the data subject exercises the rights conferred on them by applicable data protection legislation.
16.4. The processing of personal data by XPR.IMMO, both as a controller and as a processor, is detailed in Annex 1 of these Terms.
Article 17. Third-party Sites
17.1. The Platform may contain hyperlinks leading to other websites published by third parties over which XPR.IMMO has no control. Therefore, XPR.IMMO is not responsible for the content of these third-party sites. XPR.IMMO disclaims all responsibility regarding the use of third-party websites or mobile applications and/or applications to which the User may access through the Service (e.g. video conferencing tool, online calendars, etc.).
17.2. The User takes sole responsibility if they visit these third-party sites. As soon as the User is redirected to a third-party site, the terms of use of that site apply in place of these Terms, which no longer apply.
17.3. If the User accesses, through the Platform, an unlawful or harmful third-party site in any way, they immediately notify XPR.IMMO so as to allow it to promptly remove the link to the disputed site.
Article 18. Miscellaneous
18.1. XPR.IMMO may modify the Platform at any time and add or remove features. If so, XPR.IMMO will inform the User of the most important modifications to the Platform by email or a banner displayed on the User's Account.
18.2. At the end of the agreement, for whatever reason, the User has a period of fifteen (15) calendar days to export their data. Data can be downloaded in the form of one or more unstructured flat files. After this period, whether or not the data has been downloaded, it is no longer accessible except for data whose retention is required by a legal obligation applicable to XPR.IMMO.
18.3. The provisions of the terms of use intended to survive termination are those relating to the liability of the parties and the resolution of disputes.
18.4. The Parties expressly agree to accept electronic documents as evidence. The creation of the Account as well as login logs and information provided by the User will be considered as having evidentiary force between the Parties and, as such, will serve as proof of the User's acceptance of the Terms.
18.5. Unless expressly agreed otherwise in writing, the Parties agree to exclude all other agreements or contractual conditions, including those that would be communicated by mail, email or on the back of another document and including those that would not be expressly disputed by XPR.IMMO.
18.6. If any part (article, paragraph, sentence...) of these Terms is deemed illegal, invalid or unenforceable, in whole or in part, under any applicable law or court decision, that article will be deemed not to be part of the Terms, without the legality, validity or enforceability of the rest of the Terms being affected.
18.7. Each Party will make its best efforts to immediately negotiate in good faith a valid replacement article that will preserve, to the extent possible, the economic balance and intention of the Parties as they appeared in the deleted article.
18.8. The language of these Terms is French. Translations are provided for information purposes only. In case of difference or contradiction between the Terms and their translations, the French Terms will prevail.
Article 19. Applicable Law and Jurisdiction
19.1. The parties will always attempt to resolve any difficulty arising from these Terms through friendly negotiation.
19.2. Any dispute that cannot be resolved amicably will be exclusively settled by the competent courts of the Brussels judicial district.
19.3. Proceedings will be conducted in French, regardless of the language of the Terms.
19.4. The law applicable to the interpretation and performance of the Terms is Belgian law, to the exclusion of any other.
ANNEX 1 – PROCESSING OF PERSONAL DATA OF USERS
As part of the provision of the Platform in accordance with the Terms, XPR.IMMO processes personal data either as a controller or as a processor within the meaning of the GDPR.
XPR.IMMO undertakes to comply with the obligations arising from the Law of 30 July 2016 on the protection of natural persons regarding the processing of personal data (LVP) and General Regulation 2016/679 on data protection (GDPR).
Processing of User data by XPR.IMMO as a controller
XPR.IMMO processes User data as a controller when the latter creates an Account for the Platform.
The User's personal data (name, first name, profession, home address or residence, telephone numbers, email address, bank data, professional data, accreditations) are processed by XPR.IMMO under the Terms for the following purposes:
• the execution of the contractual relationship between XPR.IMMO and the User when the Account is created and the Terms are accepted;
• the provision of services via the Platform (generation of appraisal reports or connection with an expert);
• the provision and maintenance of the Platform;
• communication with the User;
• management of credit payments,
• invoicing;
• management of any problem or dispute;
• to offer the User new options or supplements to the services they currently benefit from;
• to inform the User of any modification to the Terms or in case of new processing of their data;
The provision of this personal data is a necessary requirement to conclude a contract. Failure to provide this data would prevent the conclusion of the contract.
This data may also be processed by XPR.IMMO on the basis of its legitimate interest in the proper conduct of its business:
• for security reasons and to combat fraud
• for internal monitoring and reporting,
• to request the consent of the other party or its staff regarding a new purpose.
The strictly necessary data may be communicated to the following third parties:
• to the tax and social security authorities, social secretariat and accountant of XPR.IMMO,
• to the credit purchase platform for proper execution of the transaction if necessary.
• To technical service providers to whom XPR.IMMO calls for the needs of contract execution (maintenance, hosting, back-up).
Personal data is retained for 10 years after the end of the contract.
XPR.IMMO ensures that Client's personal data is hosted exclusively on servers located in the territory of the European Economic Area.
The User can (by written, dated and signed request) obtain written communication of the data and data portability, as well as, where applicable, rectification, limitation of processing, deletion of those that are inaccurate, incomplete or irrelevant (...).
The User can also contact or file a complaint with the Data Protection Authority for the exercise of these rights (1000 Brussels, Rue de la Presse, 35, Tel. + 32 2 274 48 00 - Fax + 32 2 274 48 35 - contact@apd-gba.be).
If the User communicates the personal data of their employees to XPR.IMMO, they ensure that this information is brought to their attention.
The description of the processing carried out by XPR.IMMO as a processor is available at any time via XPR.IMMO's data protection policy.
Processing of personal data by XPR.IMMO as a processor of the User
XPR.IMMO limits itself to making the Platform available to the Organization/Expert and providing it with tools facilitating the generation of reports. To this end, XPR.IMMO (hereinafter: the "Processor") processes Client data on behalf and for the account of the Organization/Expert who assumes the role of controller (hereinafter: the "Controller").
ARTICLE 1: DESCRIPTION OF PROCESSING
1. Description of outsourced processing:
• Processing purpose: Provision of the Platform and its functionalities, to enable Organizations/Experts to generate, edit, store and download real estate appraisal reports for their Clients (individuals, companies, institutions, etc.).
• Nature of processing:
o Hosting of data and reports on the Platform.
o Provision of report generation tools (templates, automated word processing, calculations, image insertion, etc.)
o Backup, maintenance and security of the platform.
o Technical assistance and user support.
o Management of access and authentication.
• Processing purpose:
o Facilitate the drafting, formatting and management of appraisal reports.
o Ensure the centralization, backup and traceability of produced reports.
o Allow automatic document generation from data entered by Experts.
• Data category:
o Identification data of Experts (name, first name, email address, username, etc.).
o Identification data of Clients (name, first name, email address, username, etc.).
o Identification data of the property (property address, real estate property characteristics, photos, estimated value, comments, etc.)
o Data relating to the characteristics of the property and its environment (materials, PEB, construction date, location, zone (e.g. flood zone), cadastral data, land planning, plans, equipment and infrastructure, etc.)
o Metadata relating to service use (belonging of an Expert to an Organization, connection log, date of creation/modification of reports).
• Categories of data subjects:
o Organization
o Expert
o Client
• Retention period:
• Second-rank processors:
o MFM Digital
The Processor complies with applicable legislation on the protection of personal data. It processes personal data only according to the instructions provided by the Controller. The Processor directly informs the Controller if the instructions are in contradiction with these Terms, or the applicable legislation on the protection of personal data.
ARTICLE 2: SECURITY AND EMPLOYEES OF THE PROCESSOR
1. Taking into account the current state of the art, the costs of implementation, the nature, scope, context and purposes of the processing, as well as the likelihood of risks and the severity of consequences for the rights and freedoms of data subjects, the Processor commits to take the appropriate technical and organizational measures to guarantee a level of security proportional to the risks, and to protect personal data against loss, falsification, unauthorized access or disclosure, including the measures set out in Article 32 of the GDPR.
2. The Processor guarantees that persons acting on its behalf and authorized to process personal data have received the necessary training on the protection of personal data and are bound by confidentiality obligations.
3. In all cases where the Processor is obliged, by a judicial or administrative authority, to transfer the data processed on behalf of the Controller and, even more so, if this transfer obligation must be made to a country outside the European Economic Area ("EEA"), it must immediately inform the Controller of this legal obligation, unless the applicable law expressly prohibits this information for important reasons of public interest.
ARTICLE 4: SECOND-RANK SUBCONTRACTING
1. The Processor may use its own processors (hereinafter: "Second-rank processors") to carry out certain tasks to ensure the performance of its missions. The Controller expressly accepts the use of the second-rank processors listed in Article 1. The Processor informs the Controller of any planned changes concerning the addition or replacement of other second-rank processors, thus giving the Controller the opportunity to object to these changes.
2. In any case, the obligations relating to the protection of personal data contained in these Terms apply to second-rank processors by virtue of a contract or other legal act designated as such by European Union or Member State law.
3. The Processor will be solely responsible to the Controller for the performance of tasks carried out by second-rank processors.
ARTICLE 5: RIGHTS OF DATA SUBJECTS
1. The Processor will assist the Controller by taking appropriate technical and organizational measures to ensure that the Controller can fulfill its obligations to data subjects.
2. To this end, the Processor must:
- Promptly warn the Controller if it receives a request from a data subject concerning the Controller's personal data;
- Ensure that it does not respond to such requests, except upon contrary instructions from the Controller or if required by applicable data protection legislation to which the Processor is subject. In such case, the Processor must remain within the limits imposed by applicable data protection legislation, and before responding to the request, it must inform the Controller of this legal obligation.
ARTICLE 6: PERSONAL DATA BREACH
1. The Processor must notify the Controller of any incident, without delay and in any case within 24 hours, from the moment it becomes aware of a breach of the Controller's personal data.
2. The notification must include sufficient information to enable the Controller to comply with its notification or information obligations under applicable data protection legislation.
3. The Processor must cooperate with the Controller and take measures according to the Controller's instructions to assist in the investigation, mitigation and remediation of each personal data breach.
ARTICLE 7: DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
1. The Processor will provide all assistance to the Controller for any data protection impact assessments, and prior consultations with Supervisory Authorities or any other authorities competent in data protection matters, that the Controller deems required by Article 35 or 36 of the GDPR or equivalent provisions of applicable data protection legislation.
ARTICLE 8: DELETION OF PERSONAL DATA
1. The Processor must, upon termination of the Contract, at the Controller's choice:
- return the data to the Controller; or
- delete all the Controller's personal data and ensure the deletion of all copies of this data,
unless European Union or Member State law requires the storage of personal data.
ARTICLE 9: AUDIT
1. The Processor (and any second-rank processors) must provide the Controller, upon first request, with all necessary information to demonstrate proper performance of these Terms, and must consent to and contribute to audits, including investigations conducted by the Controller or an auditor appointed by the Controller.
ARTICLE 10: DATA TRANSFER
1. Without prior written consent from the Controller, the Processor may not transfer or authorize the transfer of personal data belonging to the Controller to countries outside the EEA, and/or countries that are not subject to an adequacy decision by the European Commission.
2. If personal data is transferred to such countries, the Parties must ensure adequate protection of this data. To do this, the Parties must, unless otherwise agreed, rely on the European Union's standard contractual clauses for the transfer of personal data.