Last updated: July 22, 2021
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your participation and application to the program immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
If You use the Service, a selection will be made based on different criteria with different weights. Your use of the Service does not give you any rights to enter the program as described on the website.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Last updated: 3 November 2023
These application terms and conditions (the “Terms and Conditions”) contain the terms and conditions that govern your application in the BoortmaltX program (the “Program”) and are an agreement between Boortmalt Group, a limited liability company under the laws of Belgium with office at Zandvoort 2, 2030 Antwerp (Belgium), registered with the Crossroads Bank for Enterprises under enterprise number 0715.922.059 (RLE Antwerp, section Antwerp) (“Boortmalt”, “we”, “us” or “our”) and you or the company or entity you represent (“you”). Please read these terms and conditions carefully before using submitting your application for the Program (the “Application”).
The Terms and Conditions will take effect when you check the box presented upon submitting your Application and will exclusively govern your Application, even when they are conflicting with your general or special terms and conditions. The fact that Boortmalt did not explicitly reject your terms and conditions cannot be interpreted by you as an acceptance by Boortmalt of such terms and conditions.
If you are an individual acting on your own behalf, you represent to us that you are lawfully able to enter into contracts, and if you are entering into these Terms and Conditions for a company or entity, such as the company you work for, you represent to us that you have legal authority to bind that company or entity and to submit the Application on behalf of such company or entity.
In addition to terms defined elsewhere in these Terms and Conditions, the following capitalised terms and expressions shall have the following meanings, unless the context otherwise requires:
“Confidential Information” means the information of a Party which (i) is explicitly marked as confidential or proprietary, or (ii) should reasonably be considered confidential given its nature or the circumstances surrounding its disclosure, regardless of whether or not it is expressly marked as confidential, including without being limitative, information and facts concerning a Party and its affiliates business plans, clients, prospects, personnel, suppliers, licensors, licensees, partners, investors or others training methods and materials, financial information, marketing plans, sales prospects, client lists, ideas, discoveries, inventions, specifications, models, programs, standards, designs, techniques, methods, drawings, sketches, processes, trade secrets, product information, formulae, recipes, samples, prototypes, selection of materials, systems and components, plans, financial data (including cost and pricing data) and all Intellectual Property Rights embodied therein, that is disclosed in writing, orally, in machine-readable form or in any other form pursuant to these Terms and Conditions by (or on behalf of) a Party to the other Party;
“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, design rights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
“Party” or “Parties” means you and/or Boortmalt;
“Section” means a section of these Terms and Conditions;
“Selected Participant” means a natural or legal person who has submitted an Application and is selected for the Program by the Selection Committee; and
“Selection Committee” means the selection committee of Boortmalt that is responsible for the evaluation, deliberation and final selection of Selected Participants based on their Application, taking into account the criteria set forth in Section 2 of these Terms and Conditions.
To be eligible to apply to the Program, you or your company must fulfil the following minimum criteria:
All applicants will be judged individually by the Selection Committee on their merits and information provided through the Application taking into account the aforementioned minimum criteria, it being understood that the Selection Committee will, in its sole discretion, be entitled to deviate from the above in the event deemed justified on other merits.
To apply for the Program, you must submit an Application via the application form. By submitting your Application, you represent and warrant to us that the information provided therein is true and accurate to the best of your knowledge..
The initial phase of selection for the Program will take place via online registration and submission of Applications. Registrations and submissions of Applications and supporting materials will be accepted during the relevant period for application as mentioned on the Boortmalt website (“Application Period”). In its sole discretion, Boormalt may extend the Application Period.
Additional information may be requested, in this respect you undertake to provide us with supporting documents reasonably requested by Boortmalt to support the information and statements in your Application. You acknowledge and agree that providing false or unverifiable information will result in cancellation of your Application . Based on a number of factors, including the criteria described herein and other information gained, the Selection Committee will as soon as reasonably possible following expiry of the Application Period select and invite certain applicants to participate in the Program (“Participants”).
Submitting an Application does not constitute admission to the Program, and the Boortmalt may accept or reject any Application, in its sole discretion. For the avoidance of doubt, submitting an Application does not authorize you to refer to yourself as a Participant in the Program or for you to be connected to Boortmalt (be it as a partner or otherwise) in any other way. Your Application to the Program is free of any charge.
If you are accepted to the Program, you will be informed hereof via e-mail to the e-mail address provided to you in your Application. Participants will be required to (a) confirm within the timeframe specified by Boortmalt that they will be able to join the Program, and (b) prior to commencement of the Program enter into a participation agreement with Boortmalt on the additional terms and conditions that will govern their participation in the Program (the “Participation Agreement”) which may include appropriate license and ownership provisions relating to intellectual property, as well as other terms which will apply both during and following the completion of the Program. Registering and submitting an application for the Program does not mean that you will be selected or guaranteed the opportunity to participate in the Program.
Boortmalt reserves the right, in its sole discretion and without prior notice, to determine or adjust the number of finalists or Participants, and any alternate finalists or Participants selected, or to adjust any of the dates and/or timeframes stipulated in these Terms and Conditions, either for purposes of verifying a Participant’s compliance with these Terms and Conditions, or as a result of technical problems, or in light of any other circumstances that, in Boortmalt’s opinion, affect the proper administration of the Program as contemplated in these Terms and Conditions.
Each Party acknowledges that pursuant to your submission of the Application, it has received, and will receive, in confidence, Confidential Information from the other Party (or any of its affiliates or subcontractors). Each Party agrees that it will use such Confidential Information only in connection with your Application and, if applicable, your participation, to the Program, and its respective rights under these Terms and Conditions. Each Party agrees not to divulge, communicate or disclose, except as may be required by law or for the performance of these Terms and Conditions, or use to the detriment of any other Party or for the benefit of any other person or persons, or misuse in any way such other Party’s Confidential Information.
Your Application and the content or materials supplied to Boortmalt in the process of the Application will be considered Confidential Information and will not be disclosed by any Party to any third party except (i) as may be required by law, and (ii) to Boortmalt’s employees, agents, or subcontractors who are directly involved in the Program and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms and Conditions. Upon execution of the Participation Agreement, your selection as a Selected Participant may be published by Boortmalt in accordance with the terms and conditions of the Participation Agreement.
Confidential Information shall not include information which can be proven by written records to fall under any of the following information: (i) information which was already in the receiving Party’s lawful possession prior to its receipt from the disclosing Party, without any confidentiality restrictions attached to it, (ii) information which is or becomes generally available to the public through no wrongful act of the receiving Party, (iii) information which is rightfully received by the receiving Party from a third party that is not subject to an obligation of confidentiality owed to the disclosing Party, (iv) information which is independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information, or (v) disclosure of information which is approved by written authorization of the disclosing Party.
If a disclosure is required by law, the Party required to make such disclosure will consult with the other Parties as to how to avoid or limit the disclosure, and such Party will only make such disclosure that it is legally required to make. The Party making a disclosure will use its reasonable endeavors to consult with the other Party in advance as to the form, content and timing of any disclosure relating to the existence or subject matter of these Terms and Conditions.
By submitting your Application, you represent and warrant to us that you own, are licensed or otherwise entitled to use all Intellectual Property Rights included in your Application, and that you have not used any Intellectual Property Rights of any third party therein, and that none of the content or materials supplied to Boortmalt in the process of the Application infringe or violate (and have not infringed or violated at any time) any third party Intellectual Property Rights, and no claim has been or, to your best knowledge, is expected or threatened to be made against you in respect of such infringement.
Further, each Party retains all right, title, interest in and to, and ownership of its Intellectual Property Rights and nothing herein shall be construed as an assignment or other transfer of any Party’s Intellectual Property Rights to the other Party, nor construed as granting any property rights, by license or otherwise, to any such Intellectual Property Rights.
We may terminate or suspend your Application to the Program immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Further, you may withdraw your Application to the Program at any time prior to execution of the Participation Agreement (following which any termination will be governed by the Participant Agreement and no longer by these Terms and Conditions), for any reason whatsoever.
We may change or discontinue the Program or any aspect of it, including these Terms and Conditions (as set forth in Section 5) at any time in our sole discretion (with or without prior notice to you), including without limitation, changing or discontinuing any benefits offered under the Program. We may update the Program website or send you an email using the email address provided to us in your application for the Program to reflect any changes to the Program. Unless we state otherwise, any changes to the Program will become effective at the time we update the AWS Site with the change, or if we send you an email, as stated in the email message.
In no event will Boortmalt (or any of its affiliates or subcontractors) be liable to you or to any third party for any consequential or incidental losses, including but not limited to lost profits, loss of business, loss of use or of data, any unauthorized access to, alteration, theft or destruction of Customer’s or its trading partners’ computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services, or for any indirect, special or consequential damages however caused and under any theory of liability and whether or not Boortmalt has been advised of the possibility of such damage.
To the maximum extent permitted under applicable law, the maximum liability of Boortmalt (together with its affiliates and subcontractors) arising out of these Terms and Conditions will not in any event exceed one thousand euros (EUR 1,000.00).
The limitation of liability set forth in this Section 10 will not apply to (i) liability resulting from Boortmalt’s fraud or willful misconduct and (ii) death or bodily injury resulting from Boortmalt’s negligent acts or omissions.
The Program and any benefits or other materials we may offer through the Program or in the course of the Application procedure is provided to You “AS IS” and “AS AVAILABLE”, and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Program and any benefits or other materials we may offer through the Program or in the course of the Application procedure, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Program will meet your requirements, achieve any intended results.
Without limiting the foregoing, we make no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Program, or the information, content, and materials or products included herein; (ii) that the services under the Program will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Program; or (iv) that the content or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
We are not authorized to, and accordingly we cannot provide any regulated financial service as part of the Program in any jurisdiction, and nothing we do should be construed as the provision of such service. In particular, but without limitation, this means that we are not generally able to arrange or facilitate, or provide advice to potential investors in relation to any investment or financing of you.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time by posting a revised version on our website, and, to the extent you have already submitted your Application, by sending you an e-mail using the e-mail address provided to us in your Application. The modified terms will become effective upon posting or, if we notify you by e-mail, within 5 business days following such message, or as stated otherwise in the email message, unless you notify us in writing that you wish to withdraw your Application. By continuing your Application procedure to be selected for the Program after the effective date of any modifications to these Terms and Conditions, you agree to be bound by the modified Terms and Conditions.
If you have any questions about these Terms and Conditions, you can contact us by email via: email@example.com.