Condiciones generales


Terms of Use
 

Please carefully read these Terms of use and our Privacy Policy before using the Microfact.Org Platform (“Platform”) and its Services.

  1. Overview

This E-Learning Platform belongs and is operated by Appui au Développement Autonome (ADA) and the Belgian Raiffeisen Foundation (BRS). 

Appui au Développement Autonome (ADA) is a non-governmental organization with a main address at 39 rue Glesener, L-1631 Luxembourg. Phone Number: +352 45 68 68 1; Fax: +352 45 68 68 68; and Email: rgpd@ada-microfinance.lu. ADA supports microfinance activities as a means to alleviate poverty in developing countries, focusing its activities on the support of microfinance institutions

The Belgian Raiffeisen Foundation (BRS) is an organisation with a main address at  Muntstraat 1, 3000 Leuven, Belgium. Phone Number: +070 69 52 42 and Email: info@brs.coop. BRS supports sustainable development projects and strives to help the poor in developing countries to become self-reliant. BRS is the international social arm of the Cooperative Cera and provides technical support to local savings, credit and insurance initiatives that reflect the cooperative values of collaboration, solidarity, participation, and respect for individuals.

2. General Provisions

These Terms of Use are a legally binding contract between the User and Microfact.Org. 

For the purposes of this document, “Microfact.Org” and/or “We” and/or “Us means collectively this Platform, including its Website: https://microfact.org, jointly owned and operated by Appui au Développement Autonome (ADA) and The Belgian Raiffeisen Foundation (BRS). “User” and/or “Users” and/or “You” means any individual or entity who may access, browse and/or use our Platform and its Services.

This document describes the Terms of Use of the Platform and the Services offered by Microfact.Org in connection with which the User is accepting this agreement.

By accessing, browsing and/or using any of our Services on this Platform, you are expressly accepting and electronically providing your consent to all the terms of use under this document and our Privacy Policy on your own name and/or on behalf of any entity or individual represented by you for such purposes. If you do not agree with these Terms of Use and/or our Privacy Policy,  you must not use our Services and leave this Platform immediately.

To know about our privacy and data protection practices, please view our Privacy Policy available on our Website.

Please read the definitions applicable to these Terms of Use in Section 32 set out below.

3. Platform Eligibility

The use of the Platform and our Services is exclusively available for individuals and entities who can enter into legally binding contracts as prescribed under local and/or international applicable law.

Individuals who are above the legal age as prescribed by applicable laws, and entities as to being competent to enter into a legally binding contract, are eligible to use our Platform and its Services.

Individuals who are below legal age as prescribed by applicable laws (“minor”), as being incompetent to enter into a contract, as well as individuals or entities un-discharged insolvents, who cannot create legally binding contracts under law, are not eligible to use our Platform and Services.

By accessing and using our Platform and Services you represent that you hold the legal age of majority; or that you are acting on behalf of a legal entity and hold  full legal capacity to use this Platform and our Services.

4. Our Services

Microfact.Org is an E-Learning Platform that provides financial tools and training services aimed at people and organisations working in, or related to the microfinance and microinsurance sector within developing countries in order to promote, assist and support their economic growth (“Services”).

Microfact.Org’s services include monitoring and financial performance analysis tools (“Tools”), training courses (“Workshops”) and local trainers for each region where our Services are offered (“Trainers”). 

Users do not need to create a user account or sign in on our Platform to use our Services.

Our Tools are available on the Platform through our Website and may be downloaded by our Users free of charge.

The Workshops offered by Microfact.Org are available on the Website and may be easily purchased by any of our Users through a quick process on our Platform. 

Occasionally, Microfact.Org may provide special offers relating to certain Services. The conditions of use relating to any special offer will be specified at the time these are available.

Microfact.Org reserves the right to modify, restrict or discontinue all or part of  our Services at any time, either temporarily or permanently, without notice, for any or no reason whatsoever.

5. Our Tools

Microfact.Org provides different Tools that may be easily downloaded on the Platform by accessing the Tools Section on our Website, free of charge. The features and requirements of each Tool are described in such Section.

All Tools offered through our Platform are designed and developed by Microfact.Org.

To download any of our Tools you will just need to enter into the Tools Section on the Website, select the Tool you wish to download and provide the following information:

  • Title (Mr./Mrs);
  • First and Last Name;
  • Email;
  • Organisation;
  • Type of Organisation;
  • Country (optional);
  • Website (optional);
  • Phone number (optional). 

You may also opt-in to receiving news or updates we have available for you, where you will need to include information such as, the place you heard about us, as well as any comments you want to share.

6. Our Workshops

The Workshops offered by Microfact.Org are described in the Workshop Section on our Website where we provide the User easy access to the content and specifications of each Workshop. 

All Workshops offered through the Platform are designed and developed by Microfact.Org. Our Workshops are hosted on https://microfact.lmsdokeos.com/, which is a subdomain operated by our partners (“Subdomain”).

To participate in our Workshops, the User must first register at https://microfact.lmsdokeos.com/ by entering the access code received from us by email, once we have confirmed the successful payment for the selected Workshop.

Microfact.Org carries out its best efforts to provide accurate information about all its Workshops (e.g.  availability, pricing, language, content and specifications). Nevertheless typographical errors may occur.

Please note that errors may occur in the process of providing Workshops  and pricing information on our Website. Microfact.Org cannot confirm the pricing and total cost of a Workshop until online checkout is completed.

In the event that a Workshop is listed on our Website and invoiced at an incorrect price or with incorrect information due to an error in pricing or Workshops information, Microfact.Org will contact the User for further instructions in relation to the payment, or cancel its order by notifying the User of such cancellation.

7. Workshops Prices

All Workshops offered by Microfact.Org through the Platform will display the prices in an accurate and clear manner.

The payable price for purchasing each of the Workshops available on our Platform will be as shown in Euros (€ / EUR).

Prices vary from Workshop to Workshop and are displayed at our Platform as at  the online registration form.

Prices are exclusive of any intermediary bank fees or service charges. All bank fees, service charges,  other costs arising from the payment, as well as local taxes have to be covered by the User.

Microfact.Org reserves the right without prior notice to discontinue or change specifications and prices on Workshops offered on its Platform without incurring any obligation to the User.  Prices and availability are subject to change without prior notice, and we reserve the right to revoke any offer to correct any errors, inaccuracies, or omissions.

8. Purchasing Conditions for Workshops

The purchases of the Workshops made through the Platform are subject to our acceptance. Therefore, Microfact.Org may refuse to accept or may cancel any purchase and/or transaction, in its sole discretion, and without liability to Microfact.Org. 

Microfact.Org will not accept refunds. For more details, please refer to the Section 9 below.

The purchases of all our Workshops are subject to User’s compliance of these Terms of Use and our Privacy Policy.

Microfact.Org reserves the right, at its sole discretion, to limit the quantity of Workshops to be purchased by our Users. Such limitations may apply for purchase orders placed through the same Payment Method, using the same billing address. Microfact.Org will notify the User in the event such limits may be applied.

9. No Refund Policy

Microfact.Org has a no refund policy. All payments by User to us are final and non-refundable, including any fees or other costs, except in Microfact.Org’s sole and absolute discretion.

User hereby expressly accepts and acknowledges that all Workshops and any other Service offered by Microfact.Org on this Platform are non-refundable, unless otherwise provided by us. User is solely responsible for reviewing and becoming familiar with all relevant details about our Workshops and any other product or Services before purchasing them through our Platform.

By purchasing any of our Workshops as well as any other paid Services or products, you expressly acknowledge that you have read and agree to these Terms of Use and our Privacy Policy, including  the No Refund Policy set forth in this Section 9.

10. Payment Methods

Microfact.Org accepts the following Payment Methods:

  • Bank transfer.
  • Paypal.
  • Credit card.

Microfact.Org does not store User’s Payment Method information on its Platform. All payment details entered on this Platform through our Website are encrypted when the User enters them. All online communications between Microfact.Org and its partners or service providers are also encrypted.

We will not provide any User payment information obtained through the Platform to any third-party companies or individuals unless required to by law, regulation or court order. This information is processed by our payment service providers. For more details, please see our Privacy Policy.

The Payment Method selected by the User during the checkout process should be legitimate, valid and accurate, and the User should only use a Payment Method legally owned by the User.

Microfact.Org will not be liable for any payment fraud resulting from inaccurate, incorrect, fraudulent or unlawful information provided by the User. Any liability arising from unlawful and/or fraudulent acts to any Payment Method by any User, as any responsibility to prove otherwise shall be exclusively on such User.

11. Workshops Checkout Process

To purchase our Workshops, you must first select the Workshop you wish to buy in the Webshop Section on our Website by clicking the “Add to Cart” button. The Workshop chosen by you will be stored in your shopping cart until you start the checkout process. For the convenience of our Users, our Platform allows you to select one or more Workshops which may be saved for later in the shopping cart, so you may pay for them together at a later time.

To  proceed to pay for the Workshops, you must go to the Cart Section on our Website and click on the Checkout button. Immediately, our Website will ask you to provide the necessary information to process the Service billing and the payment of the Workshops.

During the checkout process, you must provide us the following information:

  • First and last name;
  • Street and house number;
  • City;
  • Zip code;
  • Country;
  • Email address;
  • Phone number.

If you represent a company you must select the “Company Billing” option, in which case you will need to provide the following information:

  • Company name;
  • Company ID;
  • VAT Reg N°.

You may also select a different address for the shipment and invoice, in the option “Ship to a different address”.

You must select your Payment Method (Bank transfer/Paypal) and finally click on the “Finish order” button. 

Once you have concluded the checkout process above, Microfact.Org will send you an email with your order details and the payment instructions. You must send the payment proof to us at the following email address: info@microfact.org. 

The access code to be registered at the Subdomain and the details of the Workshop purchased by you will be sent to the email address provided by you during the checkout process once your payment has been successfully confirmed by us. Please note that payment confirmation may take up to 1 week.

Please keep in mind that when you provide us your Personal Information by filling out the form available in the Webshop Section on our Website, you are willingly giving your express consent for us to use your Personal Information when processing the purchase of the Workshop selected by you. For more details please see our Privacy Policy.

Microfact.Org reserves the right to cancel any purchase order if the billing information and/or the payment proof provided by the User is inaccurate, incorrect,  fraudulent or unlawful as well as to file any other remedies available under law. 

12. Our Trainers

Microfact.Org has a wide network of local Trainers or consultants around the world available to meet the training needs of our Users in their relevant countries, through training courses carried out in specific institutions.

To use the services of our Trainers, the User must first select the type of training they need in the Trainers Section on our Website, then choose the Trainer from which the User wishes to carry out such training course, according to its respective country. The User must then contact us so we may inform the steps to follow in order to confirm the institution where the training course will be carried out by the Trainer.

13. Licence of Use 

Microfact.Org grants, and the User accepts, a non-exclusive, temporary, limited, terminable, non-transferable licence (“Licence”) to use the Services provided through this Platform solely for its own personal education and for non-commercial  purposes, subject to the terms and conditions set forth in these Terms of Use and our Privacy Policy.

The User may not modify, reproduce in any form, make any copies of, resell or redistribute our Tool(s) and/or the content of the Workshop(s) and/or any part of it or part of the Tool(s) to third parties. 

User expressly accepts and acknowledges that the Intellectual Property and copyrights of the Tool(s) and/or in the material contained in the Workshop(s) and/or any information, document or material provided by our Trainers belong to Microfact.Org in accordance with Section 15 below.

14. Acceptable Platform Use and Restrictions

The use of this Platform and its Services are subject to the following rules and restrictions:

  •   User only may use this Platform in connection with the Services offered by Microfact.Org, on behalf of an individual as well as company or other organization, which the User validly represents.
  •  User must not, fraudulently and/or illegally and/or use without prior authorization, any authorization or access code and/or number supplied by Microfact.Org  in connection with this Platform and Services.  
  •  User must not misrepresent its identity, age, current or previous positions, qualifications, or affiliations with an individual, company or entity.
  • User must participate in the Workshops following the instructions and rules set forth by Microfact.Org.
  • User must be courteous and respectful with the Microfact.Org´s employees, representatives and/or agents.
  • User may not use this Platform and its Services  in violation of any applicable laws, regulations, ordinances or regulations  local, national or international.
  • User must comply with these Terms of Use and our Privacy Policy, and check our Website, from time to time, to ensure the User knows and is aware of any changes.
  • User must not use or attempt to use the Platform and Services, to:
    – Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Platform and/or  Services.
    – Send, submit and/or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
    – Promote, involve, incite or produce any  activity and/or conduct and/or content and/or material that is unlawful, fraudulent, abusive, prohibited and/or in any way objectionable.
    – Collect or store personal data without the knowledge and express consent of the data subject.
    – Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to this Platform and/or its Services or any property, devices, software, services, networks or data connected to, or inter-operating with this Platform and/or Services, or to any content or data stored, accessed or delivered through the Platform and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature.
    – Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Platform Services.
    – Change, modify or otherwise alter this Platform and/or Services.
    – Copy or reproduce this Platform and/or Services in any manner and/or through reverse engineering and/or disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Platform and/or its Services, including any related malware signatures and malware detection routines.
    – Copy, modify, use, share, reproduce, commercialize and/or disclose for its own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Workshop and/or Tool and/or any information and/or advice and/or content and/or material belonging to Microfact.Org, including its derivatives, without the prior written authorization of Microfact.Org.
    – Design and/or create and/or offer and/or provide any course and/or Workshop and/or Tool and/or content and/or material and/or product and/or service that competes with this Platform and its Services.
  • In the event that the User violates any of the rules and restrictions set forth in this Section 14, including any other provision set out in these Terms of Use and/or our Privacy Policy, Microfact.Org may cancel, at any time, the offending User’s access to and use of our Platform and its Services, including access to and participation in any Workshops purchased by such User. Also, Microfact.Org may file proceedings against the offending User, in addition to any other legal remedies available under applicable law.

15. Intellectual Property

Each and every intellectual property right and copyright held by Microfact.Org in relation to this Platform and Services, including but not limited to our Workshops as well as any Tool and/or course organizado and carried out by our Trainers; and/or any information and/or advice and/or content and/or material created by us; just as any inventions; designs; patents; trademarks; logos; business secrets; domain names; source codes; and know-how, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to Microfact.Org and/or this Platform and/or its Services (“Intellectual Property”), are exclusive property of, and belong solely to Microfact.Org. Likewise, the User accepts that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to Microfact.Org.

User must not reproduce and/or disclose and/or use in its own benefit or for the benefit of any third parties, in its original or converted form, or in any other way, whether directly or indirectly, any Intellectual Property belonging to Microfact.Org

User accepts that the use of our Platform and Services, is exclusively limited to the provisions established in these Terms of Use and our Privacy Policy, and that the User by the use of this Platform and/or it Services, has no right to claim any right or interest of any kind on  this Platform  and/or its Services and/or any other right associated or arising from such Intellectual Property.

16. Disclaimer of Warranties and Limitation of Liability     

a) This Platform and its Services are provided “as is” and “as available”, as is described herein, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.

b) Microfact.Org does not warrant and disclaim that the Platform and its Services will be available and/or provided in a timely, secured manner, uninterrupted, free from any errors, including but not limited to viruses or other malicious software.

c) Microfact does not warrant that the operation of the Platform and its Services  will work properly on any given device or with any particular configuration of hardware and/or software, or the Platform and its Services will provide complete protection for the integrity of selected data, information or content stored or transmitted via the internet.

d) Microfact.Org does not provide any kind of guarantee, implicit or explicit,  and are not liable, under any circumstances, for the success of any business and/or personal and/or professional and/or commercial and/or other activity that the User intends to carry out with the knowledge acquired with our Workshops and/or from our Trainers and/or by the use of our Tools.

e) Microfact.Org is not liable, under any circumstance, for any personal and/or professional and/or commercial and/or other decisions made by the User as a result of  the use of our Services.

f) User accepts and acknowledges that the information displayed by our Platform through our Website is for illustrative purposes only and does not constitute legal or financial advice.

g) User agrees that our Platform and its Services exist for educational and academic purposes only, and the content and information displayed on this Platform are for general informational purposes only.

h) Microfact.Org does not warrant or make any representations regarding the use or the results of the use of our Workshops and/or Tools as well as for any  information and/or documentation and/or material provided by our Trainers in terms of their correctness, accuracy, reliability,  or otherwise.

i) Microfact.Org will not be responsible under any circumstances, directly or indirectly, for any damage or loss caused by the User to third parties as a result of: (a) use of our Tools; (b) the use and/or implementation of the knowledge acquired by the User through our Workshops and/or from our Trainers; and/or (c) the breach of one or more provisions of these Terms of Use and/or our Privacy Policy; and/or (d) due to violation of any law, regulation, right or judicial order in which the User incur by using this Platform and its Services.

j) Microfact.Org, shall not be liable, under no circumstances,  for any direct, indirect, incidental, special or consequential damages or loss caused to the User and/or any third-party, as result of use of, or this  Platform and its Services. If User is dissatisfied with our Platform and its Services, and/or with these Terms of Use and/or our Privacy Policy, the User sole and exclusive remedy is to discontinue using this Platform and its Services.

k) Microfact.Org shall not be liable to the User or any third party, for the suspension, cancellation, termination or discontinuation of our Services caused by force majeure and/or by third parties.

l) Microfact.Org will be held liable should we fail to comply with these Terms of Use and/or our Privacy Policy causing any loss or damage to the User that was foreseeable, and as a result of our breach, or if we should fail to use reasonable care and skill. However, Microfact.Org will not be held liable for any loss or damage caused to our Users that were not foreseeable. Foreseeable loss or damage will be understood if an event is obvious or able to be predicted at the time the User uses our Services and can be anticipated by both Microfact.Org and the User.

m) This Platform and its Services are continually under development by Microfact.Org. For this reason, Microfact.Org makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

n) The information contained  in this Platform and its Services shall be accessed and used at the User’s own risk and to the fullest extent permissible and subject and pursuant to all applicable laws and regulations. Therefore, Microfact.Org shall not be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever,  arising to the access and use of this Platform and its Services by the User.

o) To the full extent permitted by law, in no event will Microfact.Org and its affiliates,  partners, subsidiaries, officers, employees, agents, directors, or any other person associated or any other business partner, be liable to the User or any third party for any indirect, consequential, incidental, punitive, special or exemplary damages or losses whatsoever, without regard to cause or theory of liability.

17. Platform Maintenance 

Microfact.Org will make its best efforts to provide and/or make the Platform and its Services available in an uninterrupted manner to our Users. However, this Platform and Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by Microfact.Orga and/or by our partners and/or service providers, and such scheduled maintenance activity may or may not be notified to Users. In addition, the Platform and Services may be unavailable due to unscheduled emergencies and/or for other causes beyond Microfact.Org’s reasonable control and for such unscheduled emergencies prior notice shall not be given by us.

18. Termination

These Terms of Use and our Privacy Policy will immediately terminate upon the User breaching any of the obligations in any of these agreements.

Microfact.Org may terminate the User right to access and use this Platform and its Services, including but not limited to our Workshops and/or training courses of our Trainers, for any reason at any time without notice. In the event of termination, User is no longer authorized to access the Platform and our Services.

Microfacts.Org reserves the right to any other remedies available under law in the event that the User breaches any of the obligations under these Terms of Use, as well as of its Privacy Policy and adversely affects us.

19. Changes to These Terms of Use and the Privacy Policy 

Microfact.Org reserves the right to modify all or part of these Terms of Use and/or its Privacy Policy at any time. The modified Terms of Use and/or Privacy Policy will be published on the Platform and will be available on our Website. Such modified agreements will come effective five (5) days following its publication on the Platform. In case the User does not agree to such changes, the User must indicate so by sending an email to: microfact@brs.coop within fourteen (14) days following such publication, in which case the User must leave the Platform immediately and also suspend the use of our Services.

Upon expiration of the term above, it will be understood that the User accepted such modifications made to these Terms of Use and/or our Privacy Policy.

20. Emails and Newsletters

Microfact.Org will send emails and newsletters to User, from time to time, to let the User know about service offers and important improvements and updates to our Platform and Services. User will be able to opt out of these emails and newsletters at any time by clicking the unsubscribe option. However,  Microfact.Org may send User other necessary emails to operate this Platform and its Services (e.g. payment confirmations, access codes, passwords resets, among others) which may not be deactivated by the User.

By accepting these Terms of Use and our Privacy Policy, the User expressly agrees to receive our emails and newsletters.

21. Indemnity

User expressly declares that the use of this Platform and its Services, including our Workshops is intended for lawful purposes only and complies with all applicable laws and regulations.

User shall indemnify and hold Microfact.Org, its partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees harmless against any and all claims brought by any User and/or third party for actions arising from or related to the illegal and/or unauthorized use of this Platform and our Services, including but not limited to the misuse of the Platform and its Services and/or its use for illegal and/or unauthorized and/or prohibited purposes and/or ​in combination or modification with other hardware or software belonging to a third-party alleging infringement and/or misappropriation of its intellectual property rights.

22. Force Majeure

If Microfact.Org is prevented from carrying out its obligations under these Terms of Use and/or our Privacy Policy as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack, breach and/or sabotage in our technological systems, as well as Acts of God, war or other violence, strikes or labor disputes, lock-outs, epidemics or pandemics, quarantine measures, floods and failure of service providers, interruptions, loss or malfunctions of utilities, such as electric and/or internet service and others services; just as acts of government, including but not limited to any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, then in such an event, Microfact.Org shall be relieved from its obligations and liabilities under these Terms of Use and our Privacy Policy as such fulfillment of the obligation is prevented.

23. No Waiver

Microfact.Org´s failure to insist upon strict performance of any provision of these Terms of Use and/or our Privacy Policy shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the performance or compliance with these agreements by the User.

24. Entirety

These Terms of Use and our Privacy Policy, constitute the entire agreement between Microfact.Org and User, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 

25. Severability

In the event that a court of competent jurisdiction holds any provision of these Terms of Use and/or our Privacy Policy, to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms of Use and/or our Privacy Policy, and they shall continue in full force and effect.

26. No Third-Party Beneficiaries

Nothing in these Terms of Use and our Privacy Policy, express or implied, is intended to or will confer upon any person other than User, any right, benefit or remedy of any nature whatsoever under or by reason of such agreements. No person other than User may bring a cause of action pursuant to these Terms of Use and our Privacy Policy.

27. No Assignment

User may not assign their rights or obligations under these Terms of Use and/or our Privacy Policy without the prior written consent of Microfact.Org.

28. Interpretation

The headings in these Terms of Use and our Privacy Policy do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. These Terms of Use and our Privacy Policy were originally prepared in the English language. Although we may provide one or more translated versions of these Terms of Use and our Privacy Policy for User convenience, the English language version of these Terms of Use and our Privacy Policy will be the governing version of both documents in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, these Terms of Use and our Privacy Policy will be construed as having been drafted jointly by the User and Microfact.Org, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these agreements.

29. Disputes Resolution

Microfact.Org and the User hereby agree that any dispute, claim, discrepancy or difference (“Disputes”) arising out of the use of our Platform and its Services and/or these Terms of Use and/or our Privacy Policy, which cannot be resolved amicably by both parties within thirty (30) days from the date that this is being caused, shall be submitted to arbitration, upon notice by either party to the other.

The Disputes referred to in this Section 29  shall be settled by arbitration before a single arbitrator administered by the Arbitration Act of Belgium. The place of arbitration shall be Leuven, Belgium and laws of such country shall apply. The language of the arbitration shall be English. All aspects of the arbitration shall be confidential. Save to the extent required by law, no aspect of the proceedings, documentation, or any (partial or final) award or order or any other matter connected with the arbitration shall be disclosed to any other person by either party or its counsel, agents or affiliates without the prior written consent of the other party. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The Parties expressly agree that if the arbitration process referred to in this Section 29  fails to render a mutually agreement resolution the Courts of Leuven, Belgium, will be deemed to have jurisdiction.

30. Governing Law and Jurisdiction

These Terms of Use and our Privacy Policy shall be governed by the laws of Belgium without giving effect to any choice of law rules or principles that may result in the application of the laws of any jurisdiction other than Belgium and regardless of the nationality of the parties, without prejudice of Section 29 above any litigation shall be brought in the Courts of Leuven, Belgium. For the purpose of this Section 30, the Parties agree to exercise the personal jurisdiction of the Courts located in Leuven, Belgium to the fullest extent permitted by law. 

31. Contact Us

User may address Microfact.Org by sending an email to: microfact@brs.coop for any questions, comments, claims or complaints regarding our Platform and its Services and/or in connection with these Terms of Use.

User may also contact us through our Platform, by clicking the About Us Section on our Website and completing the contact form available.

32. Definitions

  • Appui au Développement Autonome (ADA) is a non-governmental organization with a main address at 39 rue Glesener, L-1631 Luxembourg.
  • Device means smartphones, tablets, laptops, desktops and any other similar digital or electronic equipment.
  • Disputes means any claim, difference, reclamation, conflict, or similar between Microfact.Org and any User arising from these Terms of Use and/or our Privacy Policy.
  • Microfact.Org and/or We and/or Us means collectively  this Platform and our Services, including its Website, jointly owned and operated by Appui au Développement Autonome (ADA) and the Belgian Raiffeisen Foundation.
  • Payment Method means Bank transfers and/or Paypal and/or Stripe.
  • Personal Information means any data or information collected by Microfact.Org from its Users to provide the Services described herein and in accordance with our Privacy Policy.
  • Platform means the online digital platform owned and operated by Appui au Développement Autonome (ADA) and the Belgian Raiffeisen Foundation (BRS), including its Services and Website.
  • Política de privacidad means the document that governs Microfact.Org’s privacy and data protection practices.
  • Services means the services offered by Microfact.Org as described in Section 4 to these Terms of Use.
  • Terms of Use means this document that governs the access and use of our Platform and its Services by the User.

     

  • Tool or Tools means the monitoring and financial performance analysis tools offered by Microfact.Org through its Platform.
  • Trainer or Trainers means any of the local trainers or consultants that Microfact.Org has available worldwide to organize and conduct training courses in each country.
  • The Belgian Raiffeisen Foundation (BRS) is an organisation with a main address at  Muntstraat 1, 3000 Leuven, Belgium.
  • “User” and/or “Users” and/or “You” means any  individual or entity who may access, browse and/or use our Platform and its Services.
  • “Workshop” or “Workshops” means the training courses designed, developed and offered by Microfact.Org through this Platform.

Last Updated: [02/11/2021].

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