These terms of use apply to your use of this website. It is important that you read this information carefully before continuing to use the website.
1. General
1.1. You are visiting a website of Harvest
property of
Harvest bv
Schoonzichtstraat 23E, 9051 Sint-Denijs-Westrem
BE 0758.912.360
Respective registered office.
1.2. These terms and conditions apply exclusively to our website available at www.harvest.fund and to your access and/or use thereof
This website may contain or refer in any way to hyperlinks to other websites, applications or web pages of third parties. Harvest has no control over the content or other features of these websites, applications or web pages and is in no case and in no way liable for their content or features and provides no warranty in this respect. The inclusion of links in or on this website by Harvest does not in any way imply an implicit approval of the content of such websites, applications or web pages.
Accordingly, these Terms of Use do not apply to the content or use of these websites, applications or web pages and in no way cover the usage policies of other service providers that you may use on or through this website.
1.3. By visiting/using this website, you agree to these terms of use
To the extent you purchase services or products through our website, the provisions of our terms and conditions, available at www.harvest.fund, by which you may be bound, shall prevail in the event of any conflict with these terms of use. These terms of use are without prejudice to the application of our general terms and conditions and our privacy policy.
1.4. We reserve the right to amend these terms of use at any time
These changes will apply to your access to and/or use of this website following such change(s). Continued use of the website will be deemed acceptance of the amended or new terms.
2. Use of the website
2.1. You acknowledge and agree to use this website in good faith and accept that you are responsible and liable for any use of it (e.g. making a transaction and/or placing an order on or through the website).
2.2. You are bound to use the Website only for legitimate purposes.
The information you may post yourself on the website (if possible) must be complete, correct, concrete and reasonably relevant, must not contain any viruses or other malware that may cause technical errors or unauthorised interventions on the website or be harmful in any way to Harvest's systems and/or to your (personal) data or those of other users of the website, must not violate applicable (Belgian and European) legislation, including the General Data Protection Regulation (EU) 2016/679 (hereinafter: "GDPR") and Book VI Economic Law Code and must not infringe any third-party rights, including but not limited to intellectual property rights. You must indemnify Harvest in principal, interest and (court and lawyer's) costs against any claim in this respect.
2.3. You must have a decent and stable Internet connection and high-performance hardware and software suitable for (the services of) the website. You must also have sufficiently adequate and recent anti-virus, anti-spyware and firewall protection on your systems.
2.4. In the event that the systems of Harvest of its partners, service providers, suppliers and/or of other users or website visitors would suffer damage due to the exchange of computer viruses or other harmful files, only you are fully and unlimitedly liable vis-à-vis Harvest and you will indemnify the latter fully, unlimitedly, in principal sum, interests and (legal and solicitor's) costs against any claim by third parties (including partners, service providers, suppliers and customers/users of Harvest who would suffer damage as a result.
2.5. Harvest has the right, unilaterally and without prior notice of default, to deny you access to the website (or a part of it) and/or terminate the agreement with you immediately, namely in case you in any way do not comply with the current terms and conditions of use, the general terms and conditions, the privacy policy of Harvest and/or the other provisions of the agreement with Harvest
In such case, Harvest is in no way liable for any damage you might suffer as a result.
3. Information and content - availability
3.1. Harvest tries to ensure that all information and content on the website, in the broadest sense of the word, including photos, video files, texts, etc., is correct, complete and up-to-date
Despite our efforts, inaccuracies may occur for which Harvest does not accept any liability.
3.2. Harvest tries to ensure that the website is accessible and available 24 hours a day, but cannot guarantee this. Harvest cannot exclude the possibility of breakdowns, interruptions or technical errors that limit or prevent access to the website.
3.3. The information on the website is of a general nature and indicative, is not adapted to personal or specific circumstances, can never be considered as personal advice or a contractual (result) commitment and cannot give rise to compensation or termination of the agreement with Harvest. The information on the website, including the information on the products or services offered for sale, is available in the state as consulted without any guarantees. Use of the website and of the information contained therein is therefore solely at your own risk and responsibility. You acknowledge and accept that Harvest's commitments concerning the operation, security and content of the website are purely best-efforts commitments.
3.4. Harvest reserves the right to remove, modify, improve and/or update the content, information, presentation, accessibility and/or availability of any part of this website at any time.
4. Processing of personal data
Harvest cares for your privacy and in doing so acts in accordance with applicable legislation on the protection of personal data (including the GDPR). The processing of your data by Harvest is subject to our privacy policy, available at www.harvest.fund.
5. Intellectual property
5.1. This website, parts of it and all information and/or content on, linked to and/or generated by the website, including but not limited to all texts, images (e.g. of products), logos, graphics, formulas, video files, sound files, HTML codes, software, databases, the design or any other creation, content or information on or related to the website, belong to the exclusive intellectual property of Harvest or its licensors.
In other words, you are prohibited at any time (including before or after termination of the agreement with Harvest) from reproducing or communicating the website (or parts thereof), including any information related to or generated by the website and/or its content, to the public in any way without the prior written consent of Harvest or its licensors.
5.2. Nothing in these Terms of Use shall be construed as conferring upon you any transfer or licence of or relating to the intellectual property rights of Harvest or its licensors.
5.3. You acknowledge and accept that the information or content on the website may be subject to protection by third party (intellectual property) rights
You declare that you will honour these rights and indemnify Harvest in full, in principal, interest and (court and lawyer's) costs for any infringements of these rights made by you.
6. Liability
6.1. Harvest is further not liable in any way for:
- the quality, completeness, accuracy, suitability, availability or form of the information on or generated by the website or by other (external) websites or applications referred to via hyperlinks (even authorised) on the website;
- any decision made or action taken by you based on the content or information on the website;
- any breakdowns, interruptions, technical errors, incorrect technical manoeuvres, unauthorised interventions (including hackers), viruses, etc. on the website;
- (the functioning and/or availability of) third-party software, platforms and/or applications or the consequences thereof for the use of the website;
- indirect, indirect or consequential damages (including but not limited to loss of time, loss of an opportunity, loss of profits, loss of revenue, emotional damage etc.);
- minor fault other than wilful misconduct or serious misconduct equivalent to wilful misconduct;
- cases of force majeure.
6.2. Harvest may in no case be held jointly and severally or in solidum with third parties to compensate any damage
6.3. In any event, the liability of Harvest for both direct and indirect damage, even in case of material damage, is limited to the lowest of the following amounts:
(i) the amount charged to you as a (potential) customer for the purchase of products - delivery of services via www.harvest.fund (ii) the fees received by Harvest within the framework of the agreement with you for or in connection with the (online) sale of our products or services and/or (iii) the amount for which Harvest is insured with its third-party insurer, with the maximums per claim as stipulated in its relevant third-party insurance policies.
6.4. You must indemnify Harvest in full in principal, interest and (court or lawyer's) costs for any third party claim in connection with or in any way resulting from your visit and/or use of this website.
7. Complaints
Complaints arising from the use of this website or the application of these Terms of Use can be reported to Harvest via e-mail: info@harvest.fund.
8. Applicable law
8.1. These terms of use are governed exclusively by Belgian law.
8.2. Any dispute which may arise concerning (the interpretation or application of) these terms of use or arising from any use of this website shall be subject to the exclusive jurisdiction of the courts of Ghent.