Terms of Service

General Terms and Conditions of Sale (ToS).
Version 1.0 01/01/2023

Definitions

"MyNursery" refers to the directory website www.mynursery.be, administered by the company MyNursery LLC (private limited liability company), whose registered office, in the Walloon region, is established at 4357 Donceel, rue de Stier, 8/3 and registered in the Crossroads Bank for Enterprises under the number BE0780.796.946.

The "Advertiser" means any natural or legal person who purchases one or more Ads on the MyNursery website.

The "Category" represents the family of Advertisers (nurseries, nannies, stores, childcare services and others … ) , this one is not limited. (Details see pt 6).

"Advertising", "Advertisement" or "Ads" means one or more advertising spaces purchased on MyNursery, showing the activity(ies) provided by the Advertiser. This, representing a type of Category and, is purchased according to a Formula. Data provided by the Advertiser are under his sole responsibility and may be changed by him at any time.

The "Formula" designates any type of advertising of a Category, with or without promotion, the sale of which is the object, for a period of time defined at the time of purchase, according to these general conditions of sale, on the MyNursery website.

Terms of sale

1. Object
Any purchase of Advertising from MyNursery implies acceptance of these general conditions of sale.

2. Provision of advertising data for the advertisement
The Advertiser is responsible for providing the necessary data for its Advertising via MyNursery. The Advertiser's Advertisement will only be displayed if the search criteria corresponding to the data of the Advertiser's Advertisement are selected by the visitor of MyNursery. It is specified that the Advertisements are not visible by default and that only the visitor chooses and displays the type of advertisement he is looking for.

3. Responsibility
The Ad is published under the sole responsibility of the Advertiser. MyNursery shall in no case be held responsible for the non-conformity of the information or services advertised by the Advertiser. Advertisers are required to comply with the laws and regulations in force relating to their commercial activities. MyNursery shall not be held responsible for any criminal acts committed by an Advertiser. It is the Advertiser's responsibility to check the conformity of his Advertisement as soon as it is published. We recommend that visitors check the quality of the offers made by Advertisers before requesting their services.

4. Right of refusal of MyNursery
MyNursery reserves the right to refuse and/or delete any Advertising, even during its execution, if it is contrary to the ethics of MyNursery or likely to provoke protests from its visitors or third parties. The assessment of the compliance of the Advertisement is left to the sole discretion of MyNursery. By accepting these terms and conditions, the Advertiser expressly waives any recourse or reimbursement in the event of refusal or deletion of his Advertising. MyNursery shall notify the Advertiser by e-mail of the deletion of the Advertising, giving the reasons for this decision. The Advertiser shall have 48 hours, as from the sending of the e-mail notifying the deletion, to modify the Advertising before its final deletion. After this period and without any reaction from the Advertiser, the Advertising will be deleted.

5a. Payment methods
MyNursery uses recurring payments for the payment of advertisements, which allows you to benefit from exclusive advantages such as an automatic 20% discount when renewing for the next period. This payment method also allows us to build customer loyalty by offering them continuous and regular services. The payment methods accepted for recurring subscriptions on MyNursery are bank credit cards and SEPA direct debits. The advertiser may take out a recurring subscription when purchasing a package, accepting the specific terms and conditions for this type of payment. The advertiser is informed that recurring payments will be made automatically, in accordance with the terms and conditions chosen at the time of subscription, unless they decide to remove this option via their dashboard. Removal of the recurring payment option will be effective immediately, but will not affect payments already made. A reminder will be sent 7 days before the end of the current advertisement, offering the possibility to continue towards the renewal of the formula or the deletion of the payment method and the end of the advertisement.
See point 9.

5b. Posting of advertising on the website
In the case of payment by credit card, access to the dashboard allowing the Advertiser to fill in the ad and publish it on MyNursery is immediate, as soon as the minimum data has been entered and validated (except in the case of technical problems). In the case of a SEPA direct debit, the Advertiser is informed that a delay of several days may be necessary before receiving confirmation of the payment authorisation from the bank. Access to the dashboard will only be possible after receipt of the payment corresponding to the requested formula. If the payment is made by another electronic means than those used on the MyNursery site, a period of 8 working days after receipt of the payment will allow the creation of the advertiser space with the information received. No cash payment will be accepted.

6. The Categories proposed, grouped by families in the Advertising
The different Categories to choose from and found on the website are:

● the different types of childcares, subsidized or not, collective or family.
● Services, of all types, provided to early childhood (0-12 years)
● Nannies at home (no babysitter)
● baby stores or stores dedicated to early childhood

Mynursery refers to the choices of the Advertisers and is in no way responsible for any error in the Head of the Category of the Advertisement. In the event of a Category registration error, MyNursery will modify or delete the previous Ad and adjust the price difference (in favor or against the Advertiser) depending on the new Category chosen. MyNursery asks the Advertiser to verify any new modifications as soon as they are published. From the date of receipt of the notification of modification of the characteristics of the data and/or the Category, MyNursery has a period of 8 working days to modify the current Advertising.

7. Availability and duration of the Ad
The purchase of Advertising offered on MyNursery, whatever the Category, generally means for a duration (standard Formula) one-year calendar / 365 continuous days. Promotions or special subscriptions will mention the period/and or reduction to which they are associated. The date of electronic payment will be taken into account as the date of publication or date of departure. In the event of a promotion or free period, the date of validation of the advertisement by its publication will serve as the starting date and will allow the calculation of the free period. At the end of its publication period, the advertisement not continued by a new payment will be deleted, at the latest, within thirty days following the scheduled end date.

8. Rules
The Advertiser is responsible for the full payment of the Advertising under the conditions agreed with MyNursery, for the period defined in point 7, in accordance with its chosen Formula and its Category and any promotion. All invoices are payable according to the terms indicated on the latter by immediate or deferred electronic payment or bank transfer, according to the Formula and the current promotions assigned to it. Any late payment will automatically result in: - Suspension of the performance of the contract, - The immediate payment of all sums remaining due, - the penalty clause, in addition to any legal costs, with a minimum lump sum of 50 euros. The contractual relations between parties as well as these general conditions are governed by Belgian law, even in the event of a warranty claim. The parties expressly agree to exclude the application of the Vienna Convention on the International Sale of Goods. Any dispute relating to the formation, execution, interpretation of its general conditions of sale as well as all agreements to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts. of the judicial district of Liège and, where applicable, of the Justice of the Peace of Liège.

9. Prices
MyNursery reserves the right to modify its prices at the end of each term (3 months). Formulas in progress and already paid will not be affected before their renewal. Loyalty or promotional discounts, granted by MyNursery for purchases of Advertisements, are only applicable under the conditions defined when the Advertiser chooses the Category. Prices are displayed in Euros (€), including VAT (21%) and will always be charged as such. Advertisers using formulas with a recurring electronic means of payment will be notified 7 days before the end of the validity of the Advertisement. They have the option of deleting their means of payment and therefore suspending the current ad. Without action by the Advertiser, the chosen Formula/Category will be renewed for the standard period at the normal rate (pt 7).

10. Right of withdrawal
The Advertiser has a right of withdrawal. The cancellation of Advertisements by the Advertiser can only be made within a reflection period of 14 calendar days following the date of purchase. Despite the deletion of the Ads, no refund will be made after this period. Within this period of 14 calendar days, MyNursery will reimburse all sums paid back to the Advertiser. The request can be made by email to MyNursery (info@mynursery.be)

11. Third party issue interrupting Mynursery service
MyNursery uses a third-party internet host and cannot be held responsible if said host is temporarily under maintenance, out of service or hacked and that MyNursery is temporarily no longer accessible. If for reasons beyond our control this situation were to persist, MyNursery would take all measures to remedy these problems as soon as possible. No financial compensation will be paid in this case. However, the "off-line" duration may be added to the Formula purchased in progress, at the explicit request of the Advertiser if it exceeds 30 continuous days.

12. Force majeure
In case of force majeure, MyNursery cannot be held responsible for any damage suffered by the Advertiser. In particular, the following events constitute cases of force majeure: war, riot, strike, fire, explosion, flood, cyclone, epidemic, earthquake, sabotage, computer virus, failure of a computer system or any other event independent of the will of MyNursery and likely to compromise the performance of its services.

13. Modification of the conditions of sale
These general conditions of sale may be modified at any time by MyNursery. In the event that the general conditions of sale thus modified do not suit the Advertiser, the latter is free to delete his Advertisement. In this case, point 10 of these general conditions of sale then applies and the Advertiser will only be reimbursed within the period of 14 calendar days following the date of the new general conditions of sale.