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General terms and conditions

As they say, good agreements make good friends!

General terms and conditions

These general terms and conditions apply to the use www.flora.insure
By visiting or using this website, the user agrees to these general terms and conditions. They are subject to change at any time without prior notice. The user is therefore requested to consult these terms and conditions on a regular basis.
Any user who does not wish to comply with the general terms and conditions is requested not to visit or use this website.

1. Definitions

1.1. For the purposes of these general terms and conditions, the following terms have the meaning given below (whereby references in the singular also include references in the plural):
• Website: this website, the Flora platform.
• Flora: the trademark under which Ethias nv operates the website that is accessible via www.flora.insure
• User: any visitor to the Flora website, whether natural persons or legal entities, and anyone who uses the products offered by Flora.
• Code of conduct: the code described in Article 4 below.

2. Administrator

The administrator and responsible publisher of this website is:
Ethias n.v.
Rue des Croisiers, 24
4000 Liège
Tél. : 04 220 31 11
Fax : 04 220 30 05
Website: www.ethias.be
E-mail: info@ethias.be
RPM/RPR Liège. VAT No. BE 0404.484.654

Under accreditation number 0196, Ethias nv is recognised as an insurance company for the pursuit of activities in all non-life insurance sectors, life insurance, marriage and birth insurance (Royal Decree of 4 and 13 July 1979, Belgian Official Gazette (BG) of 14 July 1979) and capitalisation activities (FSMA Decree of 9 January 2007, BG of 16 January 2007).

Supervisory authority
Ethias nv is subject to the supervision of the Belgian Financial Services and Markets Authority (FSMA), Rue du Congrès 12-14, 1000 Brussels – fax 02 220 52 75 – www.fsma.be
Under the Flora brand, Ethias nv offers insurance products that are only available online (the subscription to the product, its management and the submitting of claims take place via the Flora web platform).

3. Limitation of liability

3.1 Flora cannot guarantee that the Flora website/portal will always be available, but will do everything in its power to prevent unwanted system downtime. Interruptions due to server maintenance, updates, communication network failures etc. are inevitable, but every effort will be made to resolve them.

3.2. As the host of a website, Flora only undertakes obligations of means. The user accepts that access to and use of the Flora website and the associated pages takes place at his or her own risk. The information provided on this website and the pages thereof should not be regarded as any form of advice and in particular does not include investment advice or advice in connection with tax or legal matters. Flora declines all liability for actions or omissions of users that could interfere with the use of this website.

3.3. In the context of the operation of this website, Flora will never act as a guarantor, representative, agent, client, authorised representative, principal, partner or employer of a user.

3.4. Flora and its employees (namely the staff members of Ethias nv and the directors) decline all liability for the content of the Flora website and the accuracy of the information on the website.

3.5. Flora and its employees (namely the staff members of Ethias nv and the directors) cannot be held liable for any damage or losses whatsoever resulting from files originating from third parties, from links or from websites that are accessible on Flora or received via Flora.

3.6. Certain sections of Flora may contain hyperlinks to content originating from third parties or to websites operated by third parties. Flora shall not be liable for the quality or accuracy of such content or websites. In addition, it may not be assumed that Flora approves, publishes or permits these websites or this content. Consequently, only the operators of the said websites shall be liable for compliance with the laws and regulations governing the products and services that they offer on their website.

3.7. Flora reserves the right to use servers anywhere in the world, or to store data anywhere in the world. If Flora uses a company that is located outside the European Economic Area to process user data, Flora will ensure that the said company provides the same guarantees regarding the level of protection of personal data as those offered in Europe. Flora is not obliged to actively inform users of any changes in this area. Users are expected to visit the Flora website regularly in order to remain informed.

3.8. With regard to any intellectual property rights of third parties, please refer to the relevant provisions below.

3.9. Flora reserves the right to delete user accounts if the users concerned do not comply with these terms and conditions, do not comply with the regulations and expose Flora to detriment or damage, including reputational damage. Flora shall not owe any compensation whatsoever as a result of deleting a user account. If Flora deletes a user account, Flora will inform the user of the reason for the deletion, without the possibility of being held liable and without being obliged to pay any compensation whatsoever.

4. Target audience and code of conduct

4.1. Users may only use Flora if they have reached legal age and are considered legally capable, and provided that their user account has not been (temporarily or permanently) excluded by Flora due to unlawful or illegal use or due to non-compliance with these general terms and conditions.

4.2. During the use of the Flora website or for the purpose of creating and using their online user account, the users undertake:

• that they will regularly update their workstation in accordance with the recommendations of suppliers such as Microsoft (Windows update) in order to correct security vulnerabilities that become visible over time,
• that they will only provide accurate, complete and up-to-date information and that they will immediately correct the information provided if it appears that it is no longer accurate, complete and up-to-date,
• that they will not post any content, objects or folders under inappropriate headings,
• that they will not violate any provisions of the legislation or regulations, that they will not violate the rights of third parties (including intellectual rights such as copyrights, trademark rights and the rights of database compilers) and that they will not violate any contractual obligations that the users have towards third parties,
• in connection with Flora, that they will not disseminate any misleading, inaccurate, indecent, offensive, illegal, inappropriate, pornographic, erotic, sexual information or contact information; nor will they disseminate any information that is contrary to public decency or morality,
that they will not make unlawful use of data, in particular by manipulating data or by harming the system of user accounts or the other instruments that may be made available on the Flora website,
• that they will not use Flora to harm the reputation or interests of Flora or of Ethias nv,
• that they will not post harmful or disruptive (e.g. virus) content, objects or files or any links to harmful websites during the creation or use of the user account or other instruments/applications that Flora makes available to the users,
• that they will respect Flora’s intellectual property rights (e.g. copyrights, trademark rights and the rights of database compilers) and that they will not copy, modify, distribute and/or communicate to the public any information that is protected by Flora’s intellectual property rights,
• that they will not commit acts of piracy or hacking against Flora’s system or server(s).
• The users expressly acknowledge that Flora has obtained their explicit consent to use the information provided to Flora for the performance of its activities and services.

4.3. Flora respects the BeCommerce code of conduct. This code of conduct is available here.

5. Intellectual property

5.1. The structure and content (including the design, texts, layout, logos, icons, data, files, source code and object code) of Flora’s website and its pages are protected by intellectual property rights (such as copyrights, trademark rights and the rights of database compilers) held by Ethias nv and third-party rights holders. In principle, none of these rights may be transferred to others.

5.2. Users may only use the structure and content of the Flora website in the context of their visit to the Flora portal. In addition, it is expressly agreed that no provision of these terms shall be interpreted as a licence granted by Flora to the user or others, or as the transfer of any intellectual property right whatsoever to the user or others. Any form of reproduction, adaptation, translation or communication to the public of the works protected by copyright and published on Flora is prohibited. Any extract and/or any re-use of the entire content or a substantial part of Flora is prohibited; this also applies to repeated and systematic extracts and/or re-use of non-substantial parts of Flora’s content that do not fit in with the context of the normal use of the website/portal and/or that cause damage to Flora’s legitimate interests, including a purely commercial or competitive disadvantage.

5.3. Flora declines all liability for an infringement of intellectual property rights of third parties that could arise from the disclosure or communication of data on Flora by a user.

6. Privacy protection

The user confirms that he/she has read the privacy charter and accepts its content. The privacy charter can be found on Flora (via the link www.flora.insure/privacy-policy).

7. Cookie policy

The user confirms that he/she has read the cookie policy and accepts its content. The cookie policy can be found on flora.insure (via the link www.flora.insure/cookie-policy).

8. Confidentiality

All data and documents provided to Flora via this website will be handled in compliance with the applicable legislation and regulations.

9. Indivisibility – waiver of rights

9.1. If a provision does not apply or conflicts with a mandatory legal provision, the said inapplicability or invalidity of a provision shall not affect the applicability or validity of other provisions, or of that part of the provision that is still enforceable and does not conflict with mandatory law. Flora reserves the right to replace these provisions with other provisions that are as closely related as possible and are applicable and valid. No provision or replacement thereof shall be construed as a waiver of any rights in respect of Flora.

10. Applicable law and competent courts

10.1. Access to the website, its use and these terms of use are subject to Belgian law. In particular, Book VI of the Code of Economic Law, “Market practices and consumer protection”, Title 1 of Book XII of the Code of Economic Law “Certain legal aspects of information society services” and the law of 4 April 2014 on insurance apply to the pre-contractual obligations between Ethias and the consumer.

10.2. Only the Belgian courts shall have jurisdiction in all disputes in connection with the website, its content or its use.

11. Out-of-court complaint procedures

Any complaint relating to the insurance contract or our activity as an insurance broker can be addressed to:

Flora – Complaints & Claims
Rue des Croisiers 24,4000 Liège
complaint@flora.insure

You will receive a confirmation of receipt of your complaint within three working days, unless you have already received a response within that period. Ethias will do everything in its power to deal with your complaint within a maximum period of one month. If you are not satisfied with the way in which Ethias has handled your complaint, you can contact:

Ombudsman van de verzekeringen/Insurance Ombudsman
de Meeûssquare 35 – 1000 Brussels
Fax : 02.547.59.75 – info@ombudsman.as

All additional information can be found on the website www.ombudsman.as

The lodging of a complaint shall not affect the possibility to institute legal proceedings.

You can also submit a complaint via the ODR platform of the European Commission.

Contact us
If you have any questions about our general terms and conditions, you can contact us at the address below.

Flora, Rue des Croisiers 24, 4000 Liège
info@flora.insure

If you wish to access your personal data that we are processing, or if you wish to have this data deleted, please contact privacy@flora.insure

Last update 21.02.2019