General Terms and Conditions - Use of the bpost Word Add-In
A. bpost has developed an application, the "bpost Word Add-In" which enables users to validate and format addresses used in Microsoft Word documents (letters, envelopes, labels, mail merge). This application belongs to and is managed by bpost.
B. The bpost Word Add-In formats address components by putting the lines of the address in the right order. It also gives information on whether a submitted address has been recognised by the bpost system and whether any errors have been found, and provides a corrected version of the address that can be recognised by the bpost system, in so far as such an address is available. The reference framework is a bpost database containing all addresses in Belgium to which mail (including parcels) is delivered. This database does not include streets where there are no addresses to which mail is delivered. This database is constantly updated drawing on in situ observations by bpost. It may vary in time and differ from other public or private databases.
C. bpost grants the Customer the right to download the bpost Word Add-In at the web page and to install it in Microsoft Word and to use it in accordance with the conditions stipulated in these General Terms and Conditions.
1.1 The exclusive subject of these General Terms and Conditions is the use of the bpost Word Add-In. The other services provided by bpost (such as mail delivery) are covered by specific general terms and conditions that can be accessed at http://www.bpost.be
1.2 The bpost Word Add-In only produces results for addresses in Belgium.
In these General Terms and Conditions the following terms shall have the following meanings:
- "Customer": The person, company or other entity that uses the bpost Word Add-In;
- "General terms and Conditions": These General Terms and Conditions – Use of the bpost Word Add-In;
- "Data Protection Law": The Belgian law of 8 December 1992 on the protection of data of a personal nature enacting EU directive 95/46/EC, as amended;
3.1 To be able to use the bpost Word Add-In, the Customer must accept the General Terms and Conditions. This acceptance is confirmed:
- during the process of installing the bpost Word Add-In, by clicking on the "I agree" button before downloading the bpost Word Add-In; or
- by using the bpost Word Add-In.
3.2 The Parties agree that clicking the accept button, installing the bpost Word Add-In and using the bpost Word Add-In are assimilated to a written signature and meet the demands of Article 1322, paragraph 2 of the Civil Code.
4.1 The physical person who accepts the General Terms and Conditions on behalf of a legal entity declares that he or she holds the internal and external competence and powers required to bind this legal entity and perform the undertakings subscribed to under the General Terms and Conditions.
5.1 bpost does everything within its power to ensure that the bpost Word Add-In is functions as foreseen, being understood that the Customer acknowledges having no special guarantee with regard to uninterrupted or error-free functioning of the bpost Word Add-In and that the proper functioning of the bpost Word Add-In depends on a large number of factors, such as data communication connections, third party services and software interoperability.
5.2 bpost is not obliged to propose a backup solution if the formatting or the validation service in the bpost Word Add-In is unavailable.
5.3 If the address components submitted by the Customer to the bpost Word Add-In are to be used to send mail (including parcels) by means of an organisation that is not bpost, bpost cannot be held liable toward that organisation for losses following an interruption in the functioning or the dysfunction of the application.
5.4 Generally speaking, bpost cannot be held liable for any losses suffered by the Customer or to any third parties as a result of using the bpost Word Add-In.
5.5 bpost reserves the right to change the characteristics of the bpost Word Add-In and/or of the General Terms and Conditions when it deems this to be necessary. When such changes are made, bpost makes available the new version of the General Terms and Conditions at http://www.bpost.be/waigeneralconditions (or the webpage that succeeds this webpage). The Customer understands and accepts that any use of bpost Word Add-In after the date of amendment of the General Terms and Conditions is deemed to entail the Customer’s acceptance of the amended General Terms and Conditions. If the Customer objects to the amendments, it may end the contractual relationship with bpost by ending all use of bpost Word Add-In.
5.6 Unless stated otherwise in these General Terms and Conditions, bpost cannot give any explicit, implicit or other type of guarantee with regard to bpost Word Add-In. In particular, bpost does not provide any guarantee that bpost Word Add-In is error-free or that it functions without interruption. Insofar as permitted by law, bpost does not provide any implicit guarantee of the market quality or the fitness for purpose (even if bpost has been notified of the use contemplated by the Customer) with regard to bpost Word Add-In. In no way does bpost guarantee that the formatted and/or validated addresses correspond to the addresses as stated in the official public registers, such as the National Register and the Banque Carrefour des Entreprises.
5.7 If bpost decides to withdraw, provisionally or permanently, one or more parts of bpost Word Add-In, bpost undertakes to notify the Customer of this by means of an announcement at http://www.bpost.be/wordaddinaddress (or the webpage that succeeds this webpage).
6.1 bpost grants the Customer the right to install and use bpost Word Add-In subject to compliance with the arrangements of the General Terms and Conditions. Any charges and costs connected with the installation or the use of bpost Word Add-In are payable by the Customer.
6.2 The Customer is fully responsible for all activities connected to the use of the Formatting and Validation Services. The Customer must immediately notify bpost of any illicit use of the Formatting and Validation Services, as well as any security attack of which it becomes aware.
6.3 The Customer recognises that bpost Word Add-In must not be used to overload the bpost servers. bpost reserves the right to suspend the Customer’s user right for valid reason in the event of abnormal use, illicit use or any other use that infringes bpost’s technical and user rules.
6.4 The Customer certifies that it uses bpost Word Add-In in accordance with the provisions of the General Terms and Conditions as well as any regulation in force (including the Belgian and European Union provision with regard to the protection of personal data and any applicable provision with regard to e-commerce and consumer protection). bpost can in any case never be held liable for actions by the Customer through bpost Word Add-In that contravene laws and regulations.
6.5 The Customer will indemnify bpost in full for losses suffered by bpost and for all charges, expenses, compensation and/or losses and interest payable by bpost to third parties due to the Customer having infringed provisions of laws or regulations or failed to fulfil one of its contractual obligations.
6.6 The Customer’s right to use bpost Word Add-In is granted free of charge.
7.1 Subject to a specific agreement to the contrary between bpost and the Customer, bpost grants the Customer a non-exclusive, non-transferable individual right, which cannot be sublicensed, to use bpost Word Add-In. Only the Customer is permitted to use bpost Word Add-In, to the exclusion of all other parties. Third parties that wish to use bpost Word Add-In must download their own version of bpost Word Add-In and accept the General Terms and Conditions on their own behalf.
8.1 With regard to the processing of data in connection with these General Terms and Conditions, bpost is the Data Processor and the Customer is the Data Controller within the meaning of the data protection law. The two Parties will fulfil their respective obligations in accordance with the provisions of this law. In particular and without prejudice to the above:
- bpost does not process the personal data collected within the framework of bpost Word Add-In except where strictly necessary to format and validate addresses.
- The Customer hereby asks bpost to process the personal data collected through bpost Word Add-In;
- The Customer will comply with all obligations imposed on the Data Processor by the law on the protection of data of a personal nature.
8.2 bpost guarantees that the address components provided by the Customer will be used exclusively for operational purposes, which means formatting of the components and/or validation of the address, being understood that only the geographical components (street name, house number, box number, postcode and place) will be checked by bpost. bpost will never check the first names and last names of addressees.
8.3 bpost gathers the IP addresses from which bpost Word Add-In is used and this for statistical purposes only.
9.1 If the substance or application of a provision of the General Terms and Conditions is deemed to be illegal, unenforceable or null and void (i) this will not invalidate the rest of the General Terms and Conditions (ii) and the Parties will amend the provisions in question to make them valid, legal and applicable while preserving the spirit as far as possible.
9.2 The General Terms and Conditions and the Technical Documentation are governed by Belgian law and any dispute relating to them will be within the jurisdiction of the courts of Brussels.