Terms and conditions

Last revised: November 03, 2020

These Terms and conditions govern your access to and use of VICTOURY BVBA (“VICTOURY”) services. We recommend you to carefully read them when visiting the www.victoury.be (“Website”), using the VICTOURY PLATFORM and the associated services (“Service/Services”).
The Website is operated by VICTOURY BVBA, headquartered in Bogaertstraat 7, 9830 Sint-Martens-Latem, Belgium, unique taxpayer reference BE0711707410.
VICTOURY reserves the right to amend or update these Terms and Conditions at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. We encourage you to occasionally check these terms to ensure you are aware of the ongoing changes. Whenever we make a significant change to our policies, we will also announce them on our website and notify you by email.

Other terms that may apply to you

VICTOURY processes information in accordance with its Privacy Policy and Cookie Policy which are incorporated into these Terms and Conditions. By using VICTOURY, you agree that VICTOURY can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. VICTOURY Website also uses cookies or similar technologies, as described in the Cookie Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that VICTOURY offers.
For the purposes of the General Data Protection Regulation (“GDPR”), VICTOURY shall use its reasonable endeavours to provide you with the operational tools to enable you to fulfil your requirements under the GDPR and address any requests made by your customers in respect of their individual rights. VICTOURY makes no guarantee in this respect and it is your responsibility to inform VICTOURY of any tools it may need to comply with its obligations under the GDPR.
These Terms also incorporate the Data Processing Addendum (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of Services to process Customer Data as defined in the DPA. Regardless of whether you execute or not, we protect and secure your data to the high standards set out in the addendum.

Accessing Website

VICTOURY does not guarantee that the website, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. VICTOURY may suspend, withdraw, discontinue or change all or any part of the website for business and operational reasons. VICTOURY will try to give you reasonable notice of any suspension or withdrawal.

Use of VICTOURY PLATFORM

You agree that the VICTOURY PLATFORM is supplied by VICTOURY, and is licensed, not sold, under these Terms and conditions. You accept that you have no right to use the VICTOURY PLATFORM without agreeing to these Terms and conditions in full.
License holders are not permitted to “borrow”, “lend”, “sell” or in any other way transfer licenses or use of the VICTOURY PLATFORM to any third parties. Any breach by you of this term of the Terms and conditions shall cause all use by you of the VICTOURY PLATFORM to be revoked and terminated immediately and without VICTOURY incurring any liability.
VICTOURY reserves the right to refuse Services to any individual or organisation at its discretion. VICTOURY reserves all rights in, and all ownership of the VICTOURY PLATFORM.

Security and Privacy

We take many measures to protect and secure your data through backups, redundancies, and encryption.
When you use our Services, you entrust us with your data. You agree that VICTOURY may process your data as described in our Privacy Policy and Data Processing Addendum and for no other purpose. We can access your data for the following reasons:
To help you with support requests you make. We will ask for express consent before accessing your account.
To safeguard Services. We will look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Please check our Privacy Policy for further details.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably may have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we do not guarantee completely error-free Services.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of VICTOURY security procedures, you must treat such information as confidential. You must not disclose it to any third party.
VICTOURY reserves the right to disable any user identification code or password, whether chosen by you or allocated by VICTOURY, at any time, if in VICTOURY’ s reasonable opinion you have failed to comply with any of the provisions of these Terms and conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must notify VICTOURY immediately at [email protected] .

Free trial

For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make the payment. If your account has been frozen for 14 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, please open a ticket in Support Chat from VICTOURY PLATFORM.

Payments & Renewals

If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
Payments made in respect of the VICTOURY PLATFORM are accepted via Credit Card and other selected means at VICTOURY’s sole discretion. VICTOURY PLATFORM licences automatically renew at the conclusion of each month until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 14 days of the due date, VICTOURY will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question.
Should VICTOURY receive a chargeback or dispute relating to a payment you have made, or should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms and Conditions, the related licence and services will be suspended and you will be liable to repay the relevant amount plus any fees incurred. VICTOURY also reserves the right to revoke any and all services until such time as any disputed amounts plus any fees and charges incurred (including for the avoidance of doubt, any relevant payment processing fees) have been repaid.

Delivery

All credentials shall be provided within 1-2 working days upon VICTOURY receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor.

Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our Service. We tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Cancellations & Refunds Policy

VICTOURY PLATFORM Licences may be cancelled at any time. Cancellation shall be effective at the end of the billing cycle. For requests for cancellation please open a ticket in Support Chat from VICTOURY PLATFORM.
All of your content will be inaccessible from the VICTOURY PLATFORM from the moment the cancellation is effective. Within 60 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, please open a ticket in Support Chat from VICTOURY PLATFORM.
Any payment made for renewals prior to a cancellation request being submitted are non-refundable.

Intellectual property rights

VICTOURY is the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on VICTOURY website for commercial purposes without obtaining a licence to do so from VICTOURY.

Governing law

The laws pertaining in the jurisdiction of the Country or State where VICTOURY principal office is located will govern this Agreement.

Limitation of VICTOURY liability

VICTOURY will be liable only for the amount of Customer’s actual direct damages up to the amount that VICTOURY has actually received from Customer as payment for the specific services or items that are the subject of the claim.
VICTOURY is not responsible for any damages caused by the failure of Customer or its Affiliates or its suppliers to perform their responsibilities. The limitation of liability included in this section will survive this Agreement.
Neither party may bring proceedings more than 18 months after the actual event occurred except for proceedings for non-payment.
VICTOURY will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or
• use of or reliance on any content displayed on the Website.
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

VICTOURY is not responsible for websites VICTOURY links to.
VICTOURY assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. VICTOURY will not be liable for any loss or damage that may arise from your use of them.

Informal Resolution

In the event of dispute, the parties will attempt to resolve all such disputes through negotiation and discussion. Formal proceedings should not be commenced until such informal negotiations and discussions are concluded without resolution.

Arbitration

Any unresolved dispute should be referred to a qualified independent arbitrator acceptable to both parties. The arbitrator will have no authority to award any damages that are excluded by the terms of this Agreement. In the event a suitable independent arbitrator cannot be identified and agreed on by both parties, then the courts shall be requested to appoint one.

Linking to the Website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage VICTOURY’s reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on VICTOURY’s part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site.
VICTOURY reserve the right to withdraw linking permission without notice.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

General clauses

Each of the paragraphs of these Terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Notices & Contact Information

If you have questions or concerns about any of the terms in this agreement, please direct your inquiry to VICTOURY as set forth below.

VICTOURY BVBA
Headquartered in Bogaertstraat 7, 9830 Sint-Martens-Latem, Belgium
E-Mail: [email protected]