Terms & Conditions

We would like to thank you for your visit to the website accessible at the address https://www.AGATO.kikirpa.be, hereinafter referred to as the "Website", which is owned and run by the Royal Institute for Cultural heritage, with its registered office established at 1000 Brussels, Jubelpark 1, listed in the CBE under number 0356.463.617 and hereinafter referred to as "KIK-IRPA".

Please read these Terms and Conditions of Use carefully. These Terms and Conditions of Use lay down the conditions governing the creation of an account and the access to and use of the Website. When you create an account you will be asked to confirm that you have read these Terms and Conditions of Use and that you accept the content thereof as binding. Your visit to the Website, your registration for an account and any other use of the Website in any case imply that you have acquainted yourself with and accepted these Terms and Conditions of Use.

1. Purpose of the website

The Website is an application / online platform (Agato - The ArtGArden Decision Support TOol) which aims to assess in a general way the risks for your historic mixed-media objects and to help you with recommendations for your daily preventive conservation decisions. These are based on your input of elementary information on the object, on its materials, their condition and the environmental conditions.

2. Applicability and binding force

These Terms and Conditions of Use apply to any use of the Website. By visiting the Website you declare that you have read these Terms and Conditions of Use and accept the content thereof as binding.

3. Using this website

3.1. Use of the Website and the creation of an account are free of charge.

3.2 KIK-IRPA reserves the right to block access, unilaterally, immediately, permanently and without forewarning, for visitors who fail to observe these Terms and Conditions of Use and the Website's Privacy Policy.

4. Creating an account

4.1. In order to be able to use the Website, you have to create an account by filling in your personal particulars in the registration form available on the Website. The registration form should be completed fully and truthfully.

4.2. You are not allowed to use another person's identity, proxies or temporary e-mail addresses.

4.3. When you register you must declare that you agree to these Terms and Conditions of Use and the Website's Privacy Policy.

4.4. KIK-IRPA reserves the right to accept or reject your registration. Your registration may be rejected for one or more of the following reasons (the list below not being exhaustive):

- You have failed to provide the requested details for identification purposes, or have provided incomplete or incorrect data;

- You try to register several times using different names;

- You are using another person's identity;

- You fail to fulfil one or more of the obligations mentioned in these Terms and Conditions of Use or have failed to do so in the past;

- KIK-IRPA may reasonably assume that you will not fulfil an obligation of this kind;

- Any other reason on the grounds of which we can reasonably deem it impossible to accept your registration.

4.5. The account which is necessary to gain access to the Website is strictly personal. You may not hand over, disclose or sell it to anyone else. The account remains the property of KIK-IRPA at all times.

5. Our liability

5.1. The Website offers an online tool (AGATO) that enables you to assess risks for your historic mixed-media object. While it has been produced by people who understand the process of assessing risks, to provide a secure process for assessing risks and give risk reducing recommendations, you should not rely only on the results provided. You always needs to check if the results indeed apply to you real situation: you may never lose sight of the object itself. If in doubt, you should always consult a professional, as KIK-IRPA cannot accept responsibility for risks not being identified.

The more precise you fill out the fields about your object and its environment, the better the recommendations should apply to your object. The ranking of the risks (& recommendations) will depend entirely on the ranking of the object materials' input, always dictated by you. The AGATO-tool will give many recommendations, but will not decide for you which of the recommendations to actually turn into preventive conservation measures to reduce risks and work towards an improved preservation environment. You will still have to determine which action to take depending on your situation, intention and the resources available.

5.2. The information on the Website cannot replace in-depth professional advice given in real life. All risk warnings and recommendations provided on the Website are always for information purposes only.

KIK-IRPA devotes the greatest possible care and attention to the Website's content. However, this content is subject to changes and is presented to you without any explicit or implicit guarantees as to its accuracy or correctness. KIK-IRPA is not liable for loss or damage resulting from use of the Website's content, irrespective of whether this content proved to be correct or incorrect, or for loss or damage caused by the use or dissemination of this content, or for loss or damage stemming from inaccurate, incomplete, ambiguous or outdated content or language errors on the Website. KIK-IRPA does not bear any responsibility or liability whatsoever with regard to the service offered.

5.3. KIK-IRPA provides for the necessary security system to protect the Website, its IT system, its databases and the data of the Website's users. Among other things KIK-IRPA takes care of regular adjustments to antivirus protection. In this context KIK-IRPA has an obligation of best effort and not an obligation of result. Other than in the event of mala fide acts or gross negligence, KIK-IRPA (and companies and persons affiliated to it) shall not be liable for damage, interruption, theft, loss, destruction or alteration of data, loss of profit, or other direct or indirect loss or damage caused by an illegal or unlawful access or use by third parties of the Website or of the Website's IT system or telecommunication system (including with regard to users' data and including with regard to viruses possibly spread via the Website).

KIK-IRPA makes every effort to provide access to the Website 24 hours a day, seven days a week. In this respect, KIK-IRPA does not guarantee an availability of 100%. Given the technical characteristics of the Internet and IT resources, and given the need to carry out periodic maintenance, updating and upgrading activities, KIK-IRPA is unable to guarantee uninterrupted access to and provision of services on the Website. In the case of normally acceptable interruptions or failures in access or the provision of services, KIK-IRPA shall make very endeavour to find a solution to the problem as quickly as possible. Such normally acceptable interruptions or failures are specific to the provision of services on the Internet. These cannot be considered as shortcomings and shall not give rise to compensation.

5.4. The Users of the Website are themselves responsible for using the Website with all due care and diligence. The Users of the Website are also responsible for the suitability and maintenance of their technical equipment, such as their computer, laptop, PC, modem, Internet connection, telephone line, etc.

5.5. In any case KIK-IRPA's liability for any loss or damage shall at all times be limited to a maximum amount of 250 euro. KIK-IRPA shall in any case never be liable for indirect loss or damage, including consequential loss, incidental loss, loss of profit, loss of income, savings missed out on, benefits missed out on, loss of goodwill or reputation, and loss incurred on account of business stagnation.

6. Intellectual property

KIK-IRPA is the exclusive owner of the intellectual property rights attached to the Website and the service offered (also encompassing the names "AGATO" and "KIK-IRPA"). Without the written permission of KIK-IRPA, you are not allowed to copy, transcribe, reproduce, disseminate, duplicate, publish, license out, run, transfer, resell or in any other manner use the totality of the component parts making up the Website (or a part thereof) in any way and in any form whatsoever. These component parts relate inter alia to the brand names, texts, software, databases, forms, trade names, product names, logos, graphic components and illustrations, graphics, music, colour combinations, slogans, layouts and page arrangements and any other component part of the Website and the service that is eligible for protection.

7. Force majeure

7.1. In the event of force majeure KIK-IRPA is not obliged to fulfil its obligations. In this case we may either suspend our obligations for the term of the force majeure or permanently dissolve the terms & conditions of use.

7.2. Force majeure is any event or circumstance against our will and beyond our control that wholly or partially prevents the fulfilment of our obligations. We deem this to include, inter alia, strikes, fire, breakdowns, mechanical failures, IT failures, system errors, power failures, failures in a (telecommunications) network or connection or communication systems used and/or failure of availability on the part of suppliers or other third parties whose services have been enlisted, etc.

8. General provisions

8.1. Modifications

If these Terms and Conditions of Use are modified, the new version will be made available on the Website and this new version will be applicable from the next time you visit the Website. From that moment onwards you are deemed to have acquainted yourself with these amended conditions and to agree to them.

8.2. Applicable law and competence clause

These Terms and Conditions of Use are governed, interpreted and implemented in accordance with Belgian law, which is exclusively applicable to any dispute that may arise.

The courts in Brussels have exclusive jurisdiction to rule on any dispute possibly stemming from the interpretation or implementation of these Terms and Conditions of Use.

8.3. Acceptance

By visiting the Website and creating an account, you accept all the provisions of these Terms and Conditions of Use.

8.4. Contact

For any further information on these Terms and Conditions of Use, or if you would like to make any comments about them, you can contact KIK-IRPA at the following address:

Jubelpark 1, 1000 Brussels, Belgium, info@kikirpa.be.

Any complaint or dispute should be sent by registered letter to the address given above.

All announcements or notifications from us to you are placed on the Website or sent by e-mail.