Statutory regulations

Attention: amendment July 2023 

Website terms of use (version 2 - July 2023) 

1. Scope 

These Terms of Use apply to all websites under the management of Buildwise (the "Website").  

Buildwise is a trade name of: SCIENTIFIC AND TECHNICAL CENTRE FOR BUILDING, establishment recognised by application of the Decree Law of 30 January 1947, with a registered office at Kleine Kloosterstraat 23 1932 Sint-Stevens-Woluwe and with company number 0407.695.057.  

In this text "we", "us" or "Buildwise".  

By browsing the Website, consulting it or using it in any other way, you agree to these terms and conditions and undertake to comply with them. These are the only ones valid to the exclusion of any other terms and conditions.  

If you do not agree to any of the terms in this document, do not continue to use the Website.  

We reserve the right to change these terms and conditions at any time and will keep you informed by notification via the Website. However, it is recommended that you regularly check the terms and conditions for changes yourself. If you disagree with any of the changes, do not continue to use the Website. If you continue using the Website, you automatically agree to the changes. 

2. Accessibility

The Website can be consulted on recent computers on which current software is installed (browser, operating system, etc.). However, Buildwise does not guarantee any compatibility and cannot be held liable if, for whatever reason, you cannot consult or use (part of) the Website.  

The Website is offered for information purposes only. You only obtain the right to consult this Website in a personal capacity. Any commercial use of this Website is strictly prohibited.  

We strive to avoid as much as possible any interruptions due to technical failures. However, we cannot guarantee that the Website will not be interrupted. 

 

3. Tools

Use of all Buildwise software, apps and other applications (the "Tools") is subject to the licence terms available here. Additional terms and conditions may apply to certain Tools. 

4. Intellectual property rights

The concept, content, layout, structure, source code, software, images, photographs, animations, audiovisual works, texts, advice, data, products, trademarks, music and all other parts of the Website are and remain the exclusive property of Buildwise and its third-party licensees and are protected by various intellectual property rights (including copyright, trademark, sui generis right of the producer of a database, etc.), which you acknowledge and accept. By browsing this Website, you do not acquire any rights thereto.  

The Website and the information it contains or refers to are published for information purposes only. Any reproduction, republication or other exploitation is strictly prohibited. Requests for permission to reproduce the information appearing on the Website should be addressed to the Communications Directorate of Buildwise via our contact form at https://www.buildwise.be/nl/contact/. 

5. Liability

5.1 Data and information 

Buildwise tries to ensure that the data and information it places on the Website are complete, accurate and up to date. However, it does not guarantee this. The data and information are intended for a wide audience and may contain information that does not apply to your situation. The information is therefore not intended as individual advice (for specific advice, you should always consult an expert). Furthermore, errors, incompleteness or outdated data can never be excluded and Buildwise does not give any guarantee in this respect. You acknowledge that the data and information on the Website are purely informative and should be verified with the relevant specialists. The decision to use them is your decision and your sole responsibility. 

We pay great attention to the accuracy and completeness of the information made available on the Website. If inaccuracies are brought to our attention, we will try to correct them as soon as possible. However, Buildwise is not liable for any errors or mistakes in the information provided on the Website. Buildwise is in no way liable in case of damage or loss, of whatever nature, resulting from the use, consultation or downloading of any part of the Website. Buildwise is also not liable for any damage, of whatever nature, which would result from decisions you would take on the basis of any data or information on the Website. Buildwise also has the right to modify the information or data published on the Website at any time. 

• The Tools are subject to specific conditions regarding the limitation of liability. You can find these  here. Additional terms and conditions may apply to certain Tools.   

5.2 Links 

The Website may contain links to other sites. The sole purpose of links to other websites is to facilitate consultation on this Website. The existence of links to other websites in no way implies that Buildwise approves the content of the mentioned third-party websites. Under no circumstances can Buildwise be held liable for any third-party website. 

5.3 Security 

Although Buildwise tries to keep the Website free from harmful software, it cannot be ruled out that it has been installed by third parties without Buildwise's knowledge. Buildwise is not liable for any resulting damage or loss. It is necessary to always install the necessary firewall, antivirus and other protective software in order to prevent possible damage to your computer. Should you detect the presence of harmful software on the Website, you should report it to the webmaster so that the necessary measures can be taken. 

5.4 Messages 

This Website may include messages of all kinds (posts, tips, links, messages, reactions, notices, etc.) from third parties. Such messages are posted by third parties without prior control by Buildwise. As these posts are the work of third parties, Buildwise can in no way be held liable for any damage that may result therefrom, nor for any errors in their content. Any text, data, photos, videos, messages or other materials posted within these messages are the sole responsibility of the person from whom such data originates. If you believe that any such message violates your rights or otherwise causes you harm, please contact us at the above address. 

5.5 Forecasts 

The information published on the Website may contain estimates that involve a degree of uncertainty, particularly with regard to scientific, commercial, economic or financial factors. Consequently, actual results may differ significantly from the forecasts. Buildwise is not liable for such deviations. 

6. Privacy

B Buildwise respects applicable regulations and processes personal data strictly in accordance with its privacy policy as available here.  

Your use of the Website may be analysed by Buildwise to optimise its products and services, for research purposes, and to train its AI models.   

7. Final provisions

7.1 Invalidity 

These provisions of these terms of use are divisible. Therefore, the invalidity of one or more provisions shall in no way affect the validity of other provisions. If any part of these terms of use is declared excessively broad, the provision shall, notwithstanding this fact, be enforceable up to the maximum allowed by law. If any part of these terms is held to be completely invalid, the parties shall replace it in good faith with a provision that comes as close as possible to the economic effect of the provision held to be invalid. 

7.2 Competent court and applicable la 

Any dispute of any kind arising from the consultation and/or use of the Website is subject to Belgian law and falls within the exclusive jurisdiction of the Courts and Tribunals of Brussels (Belgium) 

7.3 Notifications and contact 

You expressly accept that all notifications from Buildwise to you may be validly made via the e-mail address you have provided to Buildwise and/or, in the case of general notifications, by notification via the Website. These notifications will be made in the national languages or English.  

For all questions regarding these terms and conditions, please contact Buildwise at the address mentioned above. 

 

 

Attention change July 2023 

General terms and conditions (version 2 - July 2023) 

1. Scope 

These general terms and conditions of the SCIENTIFIC AND TECHNICAL CENTRE FOR BUILDWISE, establishment recognised by application of the Decree-Law of 30 January 1947, with registered office at Lombardstraat 42, 1000 Brussels, Belgium and with company number 0407.695.057 (hereinafter referred to as "Buildwise", which is its trade name) are applicable to all agreements concluded by Buildwise with its clients (hereinafter referred to as "the Client"). Every offer, order form, advice, study and the like is subject to these terms and conditions.  

These general terms and conditions are the only applicable terms to the exclusion of any purchase conditions of the Client. Any deviation from these terms and conditions must be expressly agreed in writing.  

Buildwise works according to strict procedures regarding quality and respect for people and the environment. These procedures are available on first request. 

Should any provision of these general terms and conditions prove to be wholly or partly void, the other provisions shall remain in full force. In such a case, the parties undertake to substitute a new provision in place of the invalid provision that approaches the purpose of the invalid provision as much as possible. 

2. Quotations

The prices stated in the offer are net, excluding VAT, and, unless explicitly stated otherwise, are valid until 60 days after the offer date. Any adjustment to the quotation must be approved by Buildwise in writing.  

Any order which has not been the subject of a written offer on behalf of Buildwise is only binding if it has been accepted by Buildwise in writing. 

3. Advice, studies and tests

On request, Buildwise may provide advice, or conduct studies and tests. Buildwise is subject to a best efforts obligation. Although Buildwise provides its services, advice, tests, documents and products professionally and in accordance with the knowledge available at that time, Buildwise does not guarantee their correctness or completeness.  

  

As regards literature studies, Buildwise's responsibility is limited to the correctness of the results of such studies, but Buildwise is in no way liable for possible errors in the studies and literature on which Buildwise relies. 

Buildwise's advice is limited to the specific questions it is asked. Buildwise never assumes a general duty to advise or warn. Buildwise never assumes the role of architect, consulting engineer or study bureau, and never bears the liability that rests on these professions.  

Test results and findings in a report only apply to the tested samples and cannot be generalised without further ado.  

Buildwise always follows its standard procedures. Should the Client require specific procedures, this should be requested in advance. 

4. Training 

Buildwise will engage trainers, with the necessary experience in the field, for the training, but does not guarantee that the training and courses will not contain errors or mistakes or that incorrect information cannot be spread. The training and courses are not intended for direct professional use, but aim to raise the general level of the participants.  

Buildwise provides its training courses to the best of its abilities, but does not guarantee that trainees will reach a certain level or will be able to carry out certain tasks. Buildwise also does not guarantee that trainees will pass examinations for which certain training courses are a preparation. Certificates issued only prove that the student has passed the exams or attended a certain course.   

The Customer undertakes to ensure that course participants scrupulously respect the rules and regulations in force at the training location.  

If a course participant's registration is accepted by Buildwise, Buildwise will make a place available for a particular course. Up to five working days before the start of a training course, the Client may cancel it free of charge. Thereafter, each course participant will be charged 50 per cent of the training costs as compensation for Buildwise's expenses. 

The training courses will take place on the dates communicated in advance by Buildwise. In exceptional cases, e.g. in the event of illness of a teacher or a limited number of registrations, training days may be cancelled or postponed. In the latter case, Buildwise will provide a new schedule as soon as possible. The Client may cancel the rescheduled training date free of charge up to ten working days after notification. 

On each training day, trainees must sign an attendance list. Based on this attendance list, their attendance percentage will be calculated. Students who have attended all training days may, upon simple request, receive a certificate of attendance afterwards. Days on which a student could not attend for whatever reason (including illness or force majeure) cannot be made up afterwards. Students who did not attend for whatever reason cannot obtain the certificate. The course will not be refunded.  

Certain courses may require course materials. Buildwise's offer specifies which materials are provided by Buildwise. All other materials must be provided by the Client at his own expense. 

It is possible that trainees may present work-related problems to the instructors during training or use courses, documentation or performance of Buildwise instructors for their employer's/client's business. In such cases, Buildwise's instructors will assist the trainees in good faith and answer, guide or coach the trainees to the best of their ability. However, the responsibility to apply the courses, tips and advice in practice lies at all times with their employer/Client. Buildwise bears no responsibility whatsoever towards the Client, projects, the Client's clients and the like anymore and the Client shall indemnify Buildwise for all negative consequences in this respect.  

If Buildwise provides instructors for a training course organised by the Client, the latter may only charge costs to the trainees if a prior agreement with Buildwise was concluded under which Buildwise is remunerated for these services. 

5. Delivery and acceptance

Unless expressly stipulated otherwise, delivery dates and project prices are indicative and not binding.  

Delivery is made by performing the services and making the result thereof available. Buildwise will report that the service has been performed. After such notification, the Client has the duty to examine and carefully test the correctness of the delivered service.  

Unless otherwise agreed, the Client shall have a period of thirty calendar days, starting from the day of delivery, to notify Buildwise of full or partial acceptance or refusal of the delivered service. Each full or partial refusal must be justified by the Client in a registered letter with objective criteria. The absence of any reaction from the Customer within the period stipulated in this article shall imply the approval of the service provided and/or the correct execution of the tests.  

Hidden defects must be reported by registered letter within ten calendar days of discovery. The Client bears the risk if the Client has failed to carry out the necessary tests after delivery. 

In case Buildwise fails to deliver the service within the agreed term, the parties will negotiate an additional term. Exceeding the agreed term shall not be a reason for termination of the agreement. However, in such case, the Client is entitled to terminate the agreement subject to payment of all services rendered until then. 

6. Software

Unless explicitly agreed otherwise, the use of all software, apps and other applications of Buildwise is subject to the license terms available on this page.. 

7. Intellectual property rights and confidentiality
8. Background information

As a research institution, Buildwise has extensive know-how and background information regarding all scientific and technical aspects of the construction industry. No agreement or understanding with Buildwise or commitment to confidentiality can result in Buildwise transferring any right to its background knowledge to the Client or being restricted in its use of its background knowledge.  

 All results of advice, studies and other services, are deemed to be part of Buildwise's background knowledge, unless otherwise expressly provided in writing in an offer, agreement or other assignment document. Buildwise remains at all times the owner of all intellectual and other property rights to all materials created by it such as reports, documents, graphics, courses, presentations, software and so on.  

 Buildwise has the right to include examples, questions or works of course participants in its courses. In such cases, all intellectual rights, including but not limited to copyright, pass to Buildwise. 

1. Specific results for the Customer

Where a quotation, agreement or other assignment document provides for a transfer of rights to the Customer, such a transfer of rights shall relate to results specific to the Customer. Specific results for the Customer shall not mean general literature studies or reports, but rather the results of tests specifically ordered by the Customer, opinions applicable only to the circumstances presented by the Customer and so on.  

Such transfer of rights is subject to the following conditions: 

• It will never restrict Buildwise from fulfilling its statutory assignments, such as the ability to re-run the same tests for other parties or to formulate the same advice to other parties.. 
• Buildwise's name may never be invoked by the Client without Buildwise's express consent. 

• The copyrights to the plans, drawings, reports, texts, visual material and other materials, digital or otherwise, made by Buildwise in the context of the services remain with Buildwise. 
• The specific results may not be used for publicity purposes without Buildwise's express prior consent. 
• Any publication of reports by Buildwise should be done in their entirety unless explicitly authorised by Buildwise. In case partial results are used, they should be marked as "temporary document; do not distribute". Furthermore, partial reports will not be signed. Final test reports shall bear the signature of the lab head or other authorised person and Buildwise's original stamp.. 
• The transfer of rights should be interpreted restrictively. Rights that are not explicitly transferred remain with Buildwise. 
• The specific results for the Customer may be used by Buildwise in an anonymised and automated manner for training the AI models of Buildwise and its partners. 

• Full payment of all invoices by the Client. 

1. Drawings, models, patents and other exclusive rights

The Customer is not permitted to register the specific results as a drawing, trademark, model, patent, or other intellectual property monopoly without Buildwise's express prior consent. 

1. No licence

The provision of advice by Buildwise regarding the use of a particular technology, application or method does not grant a licence to use it. Use thereof may be subject to intellectual rights and should be agreed by the Client with the holder of such rights. Buildwise does not investigate existing patents, drawings, models and other intellectual rights and gives no warranties in this respect. Buildwise can, however, offer an advisory role here through its patent cell. 

1. Confidentiality

Buildwise will treat all confidential information of the Client as confidential. Confidential information is considered to be any information handed over by the Client to Buildwise which is confidential by its nature. Likewise, advice and reports prepared for the Client will not be shared with third parties.   
Confidential information is not information when: 

• Buildwise was already aware at the time of disclosure by the Client;; 
• It is or becomes publicly known without this being imputable to Buildwise; 
• It can be compiled from public sources (e.g. by means of literature research); 

• It was disclosed by the Client to a third party without an obligation of confidentiality; 
• It is (re)developed independently by Buildwise (e.g. by redoing the literature review or testing); 
• It is used in an anonymised and automated manner for training the AI models of Buildwise and its partners;    
• It needs to be shared by Buildwise with official bodies. 

8. Default

In the event that, in the opinion of the other party, a party would be in default, the defaulting party should be given notice of default by registered letter with a period of thirty days to remedy the defects. In case the Buildwise assignment is of such a nature that thirty days would not be reasonable, Buildwise will be granted a longer period. 

9. Limitation of Liability

Buildwise provides its services according to the rules of the art and in accordance with its procedures regarding quality. However, it does not guarantee any results.  

Only the Client is liable for the use he makes of the result of the services.  

In no event shall Buildwise be liable for any accidental or indirect damage allegedly caused by errors or mistakes in its services or the related information and/or documentation, nor for any other damage which was not directly and immediately caused by a fault of Buildwise, such as, but not limited to, loss of income, third-party damage claims, damage to commercial projects, loss of working time and loss of data and/or data.   

For direct damage and only if recovery in kind is not possible, the liability of Buildwise towards the Client and towards third parties shall never exceed the lower of the following amounts: 50,000€ and the amount paid by the Client for the service which caused the damage. 

Deze clausule betreffende de beperking van aansprakelijkheid is van toepassing zowel op contractuele als op buitencontractuele fouten. This clause on the limitation of liability applies to both contractual and extra-contractual faults. 

Any dispute regarding the performance of a service must be lodged by the Client, under penalty of inadmissibility, within a period of six months after the underlying cause of the dispute arose.  

The Client is responsible for the correctness of the data provided to Buildwise and guarantees that following its instructions will not infringe the (intellectual or other) rights of a third party. The Client shall indemnify Buildwise against any negative consequences in this respect.  

The Client shall be solely liable for any damage caused by machinery, products or materials made available to Buildwise for the provision of the services. 

10. Payment terms and prices

Alle prijzen van Buildwise zijn in EURO en zijn exclusief BTW en/of eventuele andere taksen. Buildwise kan deze prijzen jaarlijks aanpassen. 

De standaardtarieven worden jaarlijks vastgelegd en zijn beschikbaar op verzoek. 

Het beantwoorden van mondeling en schriftelijk gestelde vragen door leden van Buildwise brengt in principe geen kosten teweeg. Indien, om een technische vraag van een lid te beantwoorden, Buildwise een plaatsbezoek nodig acht, worden hiervoor eveneens geen kosten aangerekend. In geval een (technisch of ander) verslag dient te worden opgesteld, gebeurt dit tegen het standaardtarief. Bijkomende proeven, testen zijn betalend. 

Alle andere diensten van Buildwise worden, tenzij een specifieke prijsofferte is opgesteld en goedgekeurd, geleverd in regie aan het standaardtarief. Plaatsbezoeken en verplaatsingen worden aangerekend aan het standaardtarief. Alle bijkomende kosten zoals vervoerskosten, transportkosten van stalen, kosten van douane en inklaring, specifieke licenties en dergelijke meer zijn ten laste van de Klant en worden doorgerekend. 

Invoices are payable thirty days after the invoice date. In the event of non-payment on the due date, a default interest of ten per cent per annum will be payable on the invoice amount, by operation of law and without prior notice of default, from the due date of the invoice until the date of full payment, without prejudice to Buildwise's right to invoke the law on combating late payment in commercial transactions.  

Moreover, in the event of non-payment on the due date, the invoice amount will be increased, ipso jure and without prior notice of default, by a fixed penalty of ten per cent of the invoice amount, with a minimum of €125, without prejudice to any other rights Buildwise may enforce, inter alia in accordance with the law on combating late payment in commercial transactions.  

 In the event of non-payment, Buildwise will also be entitled, without notice of default, to suspend all further deliveries to the Client and/or to declare existing agreements terminated by operation of law, without prejudice to Buildwise's right to claim performance and/or damages from the Client.  

Disputes of invoices must be notified to Buildwise by a substantiated registered letter within ten working days after the invoice date. Such dispute shall not suspend the Client's payment obligation. 

11. Testing Materials

Testing materials should be delivered with a delivery note to the testing station at Avenue P. Holoffe 21, B-1342 Limelette on working days between 8.30 -12.14  and 1.45 -16.30. The exact composition and nature of the test material must be made known to Buildwise at the time of the price request, together with all risks and specific characteristics that the Client knows or should know. The reason for this is to assess the safe handling of the test materials and the performance of the tests. In case the Client has failed to provide this information correctly, Buildwise is entitled to dissolve the agreement at the Client's expense with full compensation of its costs.  

Unless otherwise agreed, the test materials must be collected within thirty days of the termination of the services. After this period, Buildwise becomes the owner of these samples by operation of law and without notice and reserves the right to destroy them or have them destroyed. Any costs will be charged to the Client. 

12. Recruitment of staff

During the term of any contractual relationship between Buildwise and the Client and for a period of one year after the end thereof, the Client shall not use the services of the staff and/or employees of Buildwise, directly or indirectly, whether as a self-employed person, partner, employee or in any other capacity or manner, except in the event of an explicit, written and prior consent of Buildwise.  

In case of breach of the prohibition provided for in this article, the Client shall pay Buildwise, by way of fixed damages, an amount equal to €75,000. 

13. Application of the CE mark

The manufacturer undertakes to comply with all obligations concerning the indication of the Buildwise identification number under the Regulation establishing harmonised conditions for the marketing of construction products (Regulation (EU) No 305/2011) on the products as well as in the technical specifications of the tested product. These requirements include the declaration of performance and the affixing of CE marking.  

If the Buildwise identification number is used in documents other than the declaration of performance, the Customer must avoid any confusion with non-tested products on which the CE marking may not be affixed on the basis of the test report.  

If the actual production no longer conforms to the tested products, the manufacturer may no longer affix the CE marking and no longer refer to the Buildwise identification number. 

14. Force majeure
    In the event of force majeure, such as for example but not limited to full or partial stagnation of the transport apparatus, illness or absence of Buildwise's personnel, telecommunication problems, operational failure or shortcomings of Buildwise's suppliers, Buildwise will always be entitled either to suspend its obligations for as long as the force majeure situation exists or, if the force majeure lasts for more than six months, to terminate the agreement by operation of law, without Buildwise being liable to pay any compensation in either case. 
15. Privacy

Buildwise respects applicable regulations and processes personal data strictly according to its privacy policy as available  here. 

16. Jurisdiction and Applicable Law

These general terms and conditions and all agreements between Buildwise and the Client are governed exclusively by Belgian law.  

In the event of any disputes or claims arising therefrom, the Courts of Brussels shall have exclusive jurisdiction. 

 

 

 

 

 

Attention change July 2023 

Licence terms and conditions Buildwise tools (version 2 - July 2023) 

1. Applicability

These Licence Terms apply to any use made by the User of Tools of Buildwise, unless other terms are stated with the relevant Tool. By using a Tool, the User accepts these Licence Terms and concludes a binding agreement with Buildwise regarding the use of the Tool.  

The terms and conditions of the User and/or those of a third party do not apply. These Licence Terms can only be changed with written confirmation from Buildwise.  

Buildwise may amend these Licence Terms at any time. The User will then have thirty calendar days to dispute these amendments, after which the new terms will be deemed to have been accepted by the User. If the User does not accept the new terms, Buildwise reserves the right to terminate the agreement. 

2. Definitions

Account Owner: The natural or legal person who downloads the Tool or in whose name a Tool Account has been created. The Account Owner is also considered a User under these Licence Terms.  

Licence Terms: These Licence Terms applicable to any use of the Tool.  

Tool: The online or offline software to which the User is granted access under these Licence Terms.  

Account: A private environment within the Tool in which Users can work and to which an Account Owner manages access.  

User: Anyone who uses a Tool.  

Temporary Account: A temporary account in a Tool for the sole purpose of learning the operation of a Tool. 

Buildwise: is a trade name of SCIENCE AND TECHNICAL CENTRE FOR THE BUILDING COMPANY, establishment recognised by application of the Decree Law of 30 January 1947, with registered office at Lombardstraat 42, 1000 Brussels, Belgium and with company number 0407.695.057 

3. Objectives of Tools

In the context of Buildwise's assignment of support and assistance, and for training purposes, Buildwise develops Tools.  

Unless otherwise provided, these Tools are made available free of charge. The Tools can be adapted and improved. The purpose of these Tools is to assist and inform members, students and trainees.  

The User can only access the last issued version of the Tool. Any new version or update of the Tool replaces its original or previous version as a modified version and is therefore subject to all rights and obligations as stated in the Licence Terms. During updates, online Tools may be temporarily unavailable to the User. In case the User continues to use outdated versions, this is entirely at his/her own risk. 

3. Registration

3.1. Creation of a Temporary Account and Account 

Some Tools provide the possibility of creating an Account. Any natural person or legal entity can then create a Temporary Account with the aim of getting to know the Tool. This Temporary Account only becomes a permanent Account if it is confirmed by Buildwise. Buildwise reserves the right to cancel Temporary Accounts.  

Other Tools work with Accounts that are granted individually via prior approval by Buildwise.  

In case of cancellation, the relevant Temporary Account is automatically closed, and all data stored in the Temporary Account is automatically deleted.    

In case of confirmation, the Temporary Account will be converted into an Account of one of the following types: 

• Buildwise Member: only available to Buildwise members.  

• Student: only available to students of educational institutions that have a cooperation agreement with Buildwise.  
• Student: only available to students of courses recognised by Buildwise.  
• External: only available after individual application to Buildwise.  

3.2. Creation of Additional Users  
For some Tools, the Account Owner has the possibility of creating new Users via the administration module of his Account and granting (or taking away) access rights to these Users.    

The Account Owner accepts full and unconditional liability for all operations carried out by Users.  

The Account Owner is liable for the confidentiality of user names and passwords, for access to its Account and for the acts and omissions of any party using login data managed by it. The Account Owner may not grant access to the Tool to persons who are not registered Users within the Tool.  

The Account Owner is liable for the accuracy of the data entered by him and the Users, and shall keep it up to date at all times. In case the Account Owner discovers or suspects misuse of login details, the Account Owner must immediately change his passwords and contact Buildwise.  

Buildwise is not responsible for the management of login details and/or the use made by Users of the Tool. 

4. Licence

Users are granted a limited, non-transferable and non-exclusive licence to use the Tool. Pursuant to this licence, such use may only be made in accordance with the intended use of the Tool.  

The Tool may only be used internally for the Account Owner's own activities: 

• Buildwise Member: use solely for Buildwise Member's own professional purposes in the context of Buildwise's support and consulting assignment.  
• Student and Course Member: use solely for the purposes of the course taken.   
• External: use in accordance with the individual application to Buildwise. 

It is prohibited, regardless of the purpose (commercial or not), to sell, rent, lend, distribute or use the Tool in the context of services to third parties, even for free. 

5. Access and end of licence

Some Tools are freely downloadable. In such case, the User may use the Tool for a period that is not fixed in time, and may be terminated by Buildwise by simple notice with reasonable notice.  

For Tools that require registration, the User may use the Tool in consultation with the Account Owner. The Account Owner is solely liable for the actions of the Users created by him.  

The Account Owner has access to the Tool according to his account: 

• Buildwise Member: access to the Tool during Buildwise membership provided full payment of their dues.  

•  Student and Course Member: access during the course.  
• External: use in accordance with the individual application to Buildwise. 

Buildwise may terminate access to the Tool at any time by means of a reasonable notice period, and this by simple notification. In case of overdue payments (membership fees, licence fees, invoices, etc.) Buildwise is entitled to terminate the access with immediate effect.  

In case of termination of access, the relevant Account is automatically closed, including all Users under that Account, and all data stored in the Account is automatically deleted. In case the Account Owner wishes to keep his data, he must -preceding the termination of access- make a copy himself.  

The User may terminate the use of the Tool at any time. In case payments would have been made, these will not be refunded.  

The agreement between Buildwise and consumers concerning the use of the Tool cannot be revoked, since the service was provided immediately and with the consent of the consumer. However, the consumer can terminate the agreement at any time and without costs unless otherwise provided for in the relevant Tool. 

The User agrees that Buildwise monitors and analyses the use that the User makes of the Tool to improve Buildwise's products and services, and may use this data for research purposes and for training its AI models. 

6. Data storage

For certain Tools, the User has the option to store limited data on Buildwise's servers. This storage space is made available free of charge and is offered without obligation unless otherwise provided for in the relevant Tool. The User uses this storage possibility at his own risk and will be responsible for backups and business continuity. Buildwise does not make any back-ups and does not guarantee that the data will always be available at all times and/or can be reconstituted in case of loss.   

If the licence on the Tool is terminated for any reason, the User's data will automatically be deleted from Buildwise's servers. In case the Account Owner wishes to keep his data, he must make a copy himself -preceding the termination of the access-. 

7. Availability, Technical Support and Individual Advice

Buildwise provides access to the Tool in the state that it is in. Buildwise does not guarantee that the Tool will always be available to the User without interruption.  

Buildwise does not have a full-time helpdesk to support the Tool. In case of technical questions, the User can contact Buildwise via the contact details on the website www.Buildwise.be. If an employee is available, they will provide assistance within business hours. Any assistance is subject to Buildwise's General Terms and Conditions as available on this page. 

8. Obligations of the User

The User must (i) comply with all international, national, regional and local laws and regulations and (ii) all Internet regulations, policies and procedures when using the Tools.   

The User agrees never to use the Tool for illegal purposes or conduct that is otherwise objectionable. The User may not process any content (i) that is in any way unlawful, defamatory, libellous, unlawful, threatening, prejudicial or otherwise objectionable; (ii) that it is not entitled to process under any law or pursuant to contractual or fiduciary relationships; (iii) that violates any rights of a third party, including - but not limited to - patent, trademark, trade secret and copyright; that violates any person's privacy or right to image.  

The User may not use or display any resources, software or routines that may harm other parties or the proper functioning of the Tool or that disproportionately burden Buildwise's systems.  

The Account Owner is liable both for his own actions and for those of the Users to whom he has given login details in his account. 

The Account Owner accepts full liability for its account and agrees to defend, indemnify and hold Buildwise and its members, officers, directors, employees, agents, distributors, counsel, parent companies, subsidiaries and affiliates, harmless from and against any and all claims, liabilities, judgments, fines, taxes, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or related to the Users' breach of the Licence Terms. 

9. Data Protection

The Account Owner has the right to process the personal data of its Users, through the Tool, strictly in accordance with the following conditions: 

• The Account Owner acknowledges that it will respect all laws and regulations relating to the processing of personal data (hereinafter the "Privacy Laws").   
• The Account Owner ensures that all Users will respect the Privacy Laws.  
• The Account Owner acknowledges that it is acting as data controller. 

To the extent Buildwise would process such data, this will be purely technical processing as part of the operation of the Tool. Buildwise will only act as a processor and will not use the personal data for purposes other than making the Tool available in accordance with these terms and conditions. Buildwise will not share any personal data with third parties. Buildwise will not keep the personal data longer than necessary.  

For Tools that may result in the indirect processing of personal data, such as those in which photo, video, or other files may be taken, stored or shared with Buildwise, the User will make every effort to avoid, and if this is not possible, minimise the processing of personal data. The User is responsible for the processing of such personal data and will ensure that it is done lawfully, including but not limited to informing the User regarding the processing operations and Buildwise's privacy policy.  

Buildwise will adequately secure the personal data, and will not give access to staff members who do not need access. 

Buildwise will always respect the Privacy Laws, as well as its privacy policy, as available on this page. 

Buildwise is entitled to process anonymous and statistical data in publications, surveys, courses, reports and overviews. The monitoring and analysis of the use of the Tools, as well as the processing of data for research purposes and for training AI models, is in principle done anonymously. Where personal data would nevertheless be processed, Buildwise will keep it to a minimum and do the processing in accordance with its privacy policy. 

10. Ownership of the Tool

All intellectual property rights relating to the Tool, including but not limited to copyright, remain at all times with Buildwise. This includes copyrights to the source code, object code, interfaces, structure, organisation and complete composition of the Tool. All manuals, documentation and programmes, whether available in hard copy or accessible by remote consultation, remain confidential and remain the property of Buildwise. The User may not print, copy, modify, translate or alter all or part of the Tool.  

Buildwise's logos and names are protected trademarks of Buildwise. The User may not use, copy, remove or conceal these marks without the express written consent of Buildwise.  

The User is prohibited from granting sub-licences or any other rights with respect to the Tool. 

11. Confidentiality

Buildwise will treat all confidential information of the User as confidential. Confidential information is any information processed by the User in an online Tool that is confidential by its nature.  

Confidential information is not information that: 

• Buildwise was already known at the time of disclosure by the User;   
• is or becomes publicly known without this being imputable to Buildwise;  
• can be compiled from public sources (e.g. by means of literature research);  
• was revealed by the User to a third party without an obligation of confidentiality;  

• is (re)developed independently by Buildwise (e.g. by redoing the literature review or testing);  
• is to be shared by Buildwise with official bodies. 

12. Limitation of Buildwise's liability.

The Tool is in essence a tool used by Buildwise in the context of its training courses and to enable it to better assist and advise its members. The Tool has been developed with a view to giving persons insight into a certain field of expertise and to allow Buildwise to advise its members more effectively in that respect. Within the framework of the aforementioned objective, Buildwise makes the Tool available in its current state. The User should assess whether the Tool and the results achieved are useful for his purposes, and accepts responsibility for this. The User should verify the results achieved by other means.   

Buildwise will make reasonable efforts to ensure the proper functioning of the Tool. Buildwise represents that the Tool was developed in a sound manner and is in accordance with generally accepted industry standards. However, Buildwise does not warrant that Tool is completely free of bugs and errors.  

Tools are not continuously updated. They are put online at any given time, but not kept up to date at all times and adapted to evolving knowledge of technology and relevant legislation or standards. Buildwise makes no warranties. 

Buildwise does not warrant that the functions of the Tool will meet the performance requirements of the User or that the Tool will operate in accordance with the User's expectations. Buildwise makes no express or implied warranty and the warranty of fitness for a particular use is hereby excluded.  

The formulas used in the Tools often involve choices, e.g. but not limited to rounding. The choices made may influence the result of calculations.  The choices are tailored to Buildwise's training and consultancy purposes and not necessarily the best for the User's needs. The User bears responsibility for verifying that they are appropriate for his purpose.  

Buildwise provides some generic data in some Tools. These generic data are provided for illustrative purposes only. When using these generic data, the User shall always verify and adapt the data to the specific context. Buildwise cannot be held liable for any damage resulting from the use of these generic data.  

The Tool is not intended as a unique tool, but as general support. The User will always check the results obtained with it through other means and be responsible for their correctness. The User can always consult the services of Buildwise. 

In case the Tool is made available online, the User knows that access may depend on failures due to network, internet or communication problems. Buildwise gives no uptime guarantee.  

Buildwise can only be held liable for its serious fault. It cannot be held liable if any failure or malfunction of the Tool is due to a defect in software or hardware not originating from Buildwise.  

Buildwise is not liable to the User or third parties for loss of profits or turnover, loss of data, indirect, consequential or incidental damages, even if Buildwise was informed of the possibility of such losses or damages. For direct damages, if recovery in kind is not possible, the liability of Buildwise towards the User can never exceed €2,500. This applies both for damages on contractual and extra-contractual grounds. The User must take all necessary measures that can reasonably be expected to limit his damage. 

The User shall indemnify and hold Buildwise harmless against and in respect of all claims, damages, losses, costs, expenses, obligations, liabilities, demands and causes of action, including without limitation interest and penalties, reasonable attorneys' fees and costs and all sums paid in settlement of any claim, demand or cause of action allegedly made against Buildwise or suffered by Buildwise and arising out of, resulting from or relating to: (a) the non-performance or breach of any obligation whatsoever set out in the Licence Terms; and (b) claims of any nature by any third party suffering any loss or damage resulting directly or indirectly from the activities of the User in respect of or in connection with the User's use of Tool. 

 

13. Termination of the agreement for certain reasons

In the event that Buildwise determines an act or omission by a User which, in Buildwise's reasonable opinion, could constitute a breach of these Licence Terms, which could directly or indirectly cause harm to a third party, be otherwise objectionable, or if a third party notifies Buildwise of possible harm, Buildwise will contact the Account Owner as soon as possible and in any event within 15 days with a view to remedying the breach or harm caused.  

In extreme cases, or in the event that the Account Owner fails to remedy the breach or the harm caused in a timely manner, Buildwise shall be entitled - at its sole discretion - to block or remove all content immediately and without notice, without court intervention (by operation of law), and/or to terminate or suspend all of the Account Owner's licences, without any compensation from the Account Owner and with full indemnification from Buildwise. 

14. Force majeure

Neither party shall be in default or otherwise liable for any delay or failure in performing the Contract if such delay or failure occurs due to a cause beyond its reasonable control, including the elements, earthquakes, floods, fires, epidemic, riots, lack or delay of transportation or communications, failure of network or internet connectivity, failure of data centres or any act or omission by the other party or its employees, agents or contractors. 

15. General

If one or more provisions of these Licence Terms are declared void or unenforceable, the User agrees that this fact shall not result in the nullity or unenforceability of the remaining provisions, but that the User and Buildwise shall use their best efforts to replace the provision in question with a valid and enforceable provision that will, to the extent possible, achieve the economic, business or other purpose of said void or unenforceable provision.  

The mere failure of Buildwise to insist on or enforce strict compliance by the User with any provision of the Licence Terms shall not be construed as a waiver or relinquishment of Buildwise's rights under this term unless confirmed in writing.  

The rights and remedies granted to Buildwise pursuant to the Licence Terms are complementary to and in no way limit any other rights or remedies granted to Buildwise by law. All such rights and remedies are cumulative and may be exercised separately or together. 

16. Applicable law and jurisdiction

All agreements between the User and Buildwise regarding the use of the Tool shall be governed and construed in accordance with Belgian law. In case of dispute, the courts in Brussels (Belgium) shall have exclusive jurisdiction.