Article 1. Definitions
For the execution of the present conditions of use, the following definitions are applicable:
- STIB: This is the Société des Transports Intercommunaux de Bruxelles (Brussels Intermunicipal Transport Company), with registered offices at 1000 - BRUSSELS, 76, Rue Royale, registered in the Register of Legal Entities under Company Number 0247.499.953 and VAT-registered under number BE 247.499.953, established by virtue of the ordinance of 22 November 1990 of the Brussels-Capital Region and whose articles of association were approved by the executive decision of this Region on 6 December 1990.
- Information: This is a series of data pertaining to the transport network of the STIB (in particular, data pertaining to the circulation of vehicles and including, without this list being exhaustive: timetables, the locations of stops, diagrams and itineraries of routes, etc.) proposed for reuse within the freedoms and conditions of these conditions of use. The Information does not contain personal data.
- Producer: This is the entity which produces « the Information » and/or makes it available for reuse within the freedoms and conditions anticipated by these conditions of use, in this instance the STIB and by extension, the Brussels-Capital Region.
- Re-user: This is any private individual or legal entity who/which reuses and/or reproduces « the Information » in accordance with the freedoms and conditions of these conditions of use, in whatever way.
- Intellectual Property Rights: These are any intellectual property rights (registered or otherwise) including, without this list being exhaustive, copyrights (as well as copyrights on computer programmes, including preparatory design material), ancillary rights of copyrights, sui generis rights to databases, trademark rights, patents, drawings and/or models.
- Licence: This is a licence granted by the present conditions of use, authorising the use of the Information by the Re-user in accordance with the freedoms and conditions stipulated hereunder.
Article 2. Scope of the conditions of use
The present conditions of use apply to any use of the Information, in whatever way and by whatever party.
Article 3. Object of the Licence
The Producer shall make available the Information to the Re-user for the purpose of enabling its re-use in accordance with the freedoms and conditions stipulated by the present conditions of use.
By virtue of the present conditions of use, the Producer grants the Re-user, who accepts, one licence, which consists of a personal right, which is non-transferable, non-exclusive and free, to reuse the Information anywhere in the world for an unlimited duration.
The Licence is granted to the Re-user for the sole purpose of distributing the Information via the products, services and/or applications of the Re-user to the public (hereinafter « the Objective ») and shall authorise the Re-user more specifically to:
i. Reproduce, copy, publish and transmit the Information;
ii. Disseminate and distribute the Information;
iii. Adapt, extract, exploit the Information, for example by combining it with other information or by including it in the Re-user's own product, service and/or application.
The actions anticipated in points i. ii. and iii. above must be carried out for the purpose of achieving the Objective and under the following conditions:
- Any action by the Re-user (and/or by any third parties/partners of the Re-user) pertaining to the Information shall be carried out on a non-commercial basis, in such a way that particularly the sale and/or provision of the simple Information in return for payment is excluded without this preventing the commercialisation by the Re-user of its applications, services and/or products containing the Information;
- In the context of the reuse of the Information, the Re-user undertakes to indicate the provenance of the Information: its source (as a minimum the name of the Producer) and the date of its last update;
- In particular, the Re-user can fulfil this condition by indicating any hypertext links (URL) linking back to the Information and ensuring effective indication of its provenance;
- This indication of provenance must neither confer an official character to the reuse of the Information, nor suggest any acknowledgement or guarantee by the Producer, or by any other public entity, of the Re-user or its reuse;
- The reuse must be in compliance with applicable laws, and with the Graphical and Ethical Charter of the Producer in annex;
- The Re-user undertakes to align the frequency of the updating of the Information with that of the Producer, in such a way as to preserve the value and relevance of the Information;
- For data published via an API (‘Application Programming Interface’), the bandwidth is limited by a number of requests (‘API calls’, hereinafter ‘Calls’) per minute. The maximum number of calls allowed is specific to each method and is specified in the technical documentation of the API. The Producer reserves the right to reduce or limit access, or even terminate the Licence, if the limit of Calls is not respected and/or if the service risks being impaired or damaged by excessive use. The monitoring of the bandwidth is carried out dynamically by the appropriate API management tools;
If the Re-user wishes to exceed the amount of Calls, it must request a specific paid Licence from the Producer.
Article 4. Liability
The Information is made available as produced or received by the Producer, without any other explicit or tacit guarantee which is not anticipated by the present conditions of use. This obligation is an obligation of means.
- Guarantees that it shall make the Information available for free within the freedoms and conditions defined by the present conditions of use;
- Does not guarantee the absence of faults or irregularities possibly contained within the Information;
- Does not guarantee the continuous provision of the Information;
- Cannot be held liable for any loss, prejudice or damage of any kind incurred by third parties as a result of the reuse of the Information;
- Does not guarantee in any way the adequacy of the Information and of the licensed content to the Re-user, or any end users for whatever usage.
The Re-user is hereby advised that the Producer reserves the right at any moment, and for whatever reason, to modify the present conditions of use, to terminate their production or modify their content, the format or the frequency of their updates, without the Re-user being able to claim compensation, and without any prior notification on the part of the Producer. It is the Re-user's responsibility to regularly check if the present conditions have undergone any modifications. The use of the modified Information by the Re-user implies acceptance on his part.
The Re-user has sole liability for the reuse of the Information. The reuse is authorised on condition that the Information is not altered and its meaning is not distorted. Specifically, the reuse must not mislead third parties as to the content of the Information, its source and its date of updating. If the Re-user notices any errors, it must inform the Producer as soon as possible, but it may not make any corrections. Any possible corrections may only be made by the Producer.
The Re-user is obliged to take all necessary technical, organisational and legal measures to guarantee compliance with the present conditions of use. The STIB and/or the Producer shall have the right to request the Re-user to ensure the presence of said measures.
Except in cases of deceit or serious error, the Producer shall accept no responsibility in the event of loss caused by the use of the Information, specifically in the event of error, modification or the incomplete nature of the information transmitted, as well as in the event of technical disruption.
The Re-user undertakes to save harmless the Producer and safeguard it against any claim brought against it by any third party and resulting in or pertaining to the exercising of the rights which have been conferred to the Re-user by the Producer by virtue of the present conditions of use. Specifically, the Re-user undertakes to safeguard the Producer and fully indemnify it against any compensation claim brought against it in the context of the use of the Information. The Re-user undertakes to immediately inform the Producer of any claim or procedure which would be brought against the Re-user by a third party and shall authorise the Producer at once to intervene in the matter to defend itself, if it deems it necessary.
Article 5. Intellectual Property Rights
All Intellectual Property Rights of and/or pertaining to the Information of the Producer and of the information to which it authorises access shall remain the exclusive property of the Producer.
The Producer is not responsible in any way for infringements on the rights of third parties, among others on Intellectual Property Rights, which the Re-user might commit in the context of the direct or indirect use of the Information of the Producer in products developed by a third party.
The intervention to safeguard referred to in article 4 in fine is also applicable in the context of claims pertaining to intellectual property.
Article 6. Privacy - Personal data
The STIB and the Re-user shall undertake to respect and protect the privacy of private individuals and shall guarantee compliance with laws and regulations pertaining thereto. Among others, the STIB and the Re-user shall authorise the private individuals concerned by the management and/or the re-use of the Information to consult their personal data, and to modify it if it is not correct.
The Re-user shall authorise the STIB to collect and process personal data during i) the execution of the present conditions of use, ii) the monitoring of the application of the present conditions of use and of any legitimate and/or illegitimate use of the Information, which also includes all measures to avoid fraud, and iii) for statistical purposes. The saved data shall be stored for the entire duration of the present conditions of use, and up to 6 months after the termination of the present conditions of use. This processing relates to the following data pertaining to the Re-user itself and/or any person associated with the Re-user and/or concerned by the reuse which the Re-user undertakes with the Information:
- For private individuals: name, first name, e-mail, date of birth, telephone number, address;
- For legal entities: name of the company, the Register of Legal Entities number, telephone number, address, the name of the person who submits the request.
The Re-user undertakes to obtain the consent pertaining to the above-mentioned processing of i) any person associated with the Re-user and/or ii) any private individual concerned by the reuse of the Information performed by and/or for the Re-user.
The liability of the STIB and the Re-user concerning the processing of personal data in which they are implicated remains unchanged, and the present conditions of use do not affect their liability in this respect. With regards to the processing of personal data pertaining to the Information, the STIB is only liable for its own data processing, for the purposes mentioned above. The Re-user shall be liable for all other processing, including among others, processing related to the reuse of the Information.
Article 7. Duration and end of the Licence
The Licence is granted for an unlimited duration.
The Licence shall enter into force at the moment access is given by the Producer, following registration on the site: https://opendata.stib-mivb.be of the request of the Re-user, on condition of the explicit acceptance of the present conditions of use, and shall continue for as long as the Information is provided by the Producer.
The Producer may lawfully terminate the Licence at any moment in the event of serious violation by the Re-user of one of the contractual obligations.
The Producer reserves the right to terminate the Licence on condition of one months' notice, in particular following modifications to the applicable regulations, or if a judicial ruling demands it, and more generally, in any eventuality where it might be obliged to terminate it, for whatever reason.
In any event, termination by the Producer shall not give the right to any indemnity in favour of the Re-user and/or any third parties with whom the Re-user might collaborate.
Article 8. Miscellaneous
The Licence and its annexes, as well as the documents referred to, constitute the entirety of the agreements concluded between the parties with respect to the subject matter hereof. The Re-user shall in no event modify the present Licence unilaterally, without the explicit and written agreement of the Producer.
In the event that one of the provisions of the present conditions of use might be, or would become, null and ineffective, these conditions of use shall not be affected and shall remain in effect without this provision, on the understanding however that a valid provision, which would correspond with or be as close as possible to the effect of the null and ineffective provision, shall replace it.
No abstention on the part of the Producer with regards to its rights under a provision of the conditions of use shall constitute the waiver, even implicit, of its rights with regards to the subsequent execution of this provision or to the execution of any other provision of these conditions of use.
All periods are calculated in calendar days.
The rights and obligations resulting from the Licence may neither be transferred fully or partially to a third party, nor be sub-contracted. The Re-user is not authorised to grant sub-licences to third parties. All communication between the Re-user and the Producer must exclusively take place via the website https://opendata.stib-mivb.be. All notifications of termination or violation must be expressed in French, Dutch or English via the e-mail addresses firstname.lastname@example.org or email@example.com.
The French and Dutch versions of the present Licence are the only official versions and shall therefore be the reference in the event of necessity of interpretation or suchlike. The English version is a translation.
Article 9. Applicable Law and Jurisdiction
The present Licence is governed exclusively by Belgian law. The parties agree to submit any disputes (contractual or non-contractual) pertaining to or arising from the present Licence to the exclusive competence of the Brussels courts.
Annex 1 Graphical and Ethical Charter of the Producer
1. COLOUR CODE OF LINES
- Signing on the tram, bus and metro lines of the Producer must respect the colour codes of these lines, which are communicated to the Re-user by the Producer in GTFS format, within the technical means of the Re-user and its cartographic constraints. The Re-user undertakes to reproduce the original colours provided by the Producer as closely as possible.
- The logos of the Producer (STIB, BOOTIK, KIOSK, GO, SHOP, CHRONO, SYNCRO, etc.), when used in the Re-user's interfaces, shall be displayed as provided by the Producer (within the technical means of the Re-user).
- These logos may not be modified in any way without the written agreement of the Producer, with the exception of the technical impossibility indicated in paragraph 1 above, and also modifying the size of the logos, which may be freely done by the Re-user to adapt its applications and/or internet services, in accordance with the purpose.
Example of the Producer's Logo:
- Within its technical means, the Re-user undertakes to display the logo on the Internet sites or programmes which are developed using the Information as well as on all communication tools implemented for the purposes of advertising.
- The display of the STIB logo must respect the provisions as they are presented in the model available at www.stib.be.
3. ADVERTISING ON THE PRODUCTS OF THE PRODUCER
The Producer does not wish to see its name and/or logo associated with the following elements:
- the Belgian political sphere including political parties, trades union organisations and/or professional organisations;
- popular opinions on potentially controversial subjects:
- opinion surveys
- philosophical concepts
- religious convictions
- military issues
- racial issues
- issues which are offensive to a third party/ies.
- social issues
- ethical issues
- issues pertaining to sects
- affronts to common decency
- breaches of morality
- linguistic or graphical excess
4. in the area of linguistics:
- Advertising which especially promotes one of the Belgian languages at the expense of the other.
5. in the area of transport:
- no advertising making direct comparisons with the use of public transport
- as much flexibility as possible during events such as the Motor Show.
- no displays which are too eye-catching, biased, or which make reference to the mode of transport carrying the advert
- no advertising which takes up more than 50% of the network
- no advertising for 4X4s
- There are exceptions for the dissemination of certain « transit » information on the map, if the Re-user activates its « transit » functionalities but continues a search linked to a different mode of transport to that of public transport, which can activate the display of certain information linked to its search and conflicting with point 5 pertaining to the area of transport (e.g. the activation of the « transit layer » at the same time as a search for « Land Rover » sales points).
6. in miscellaneous areas:
- invitations to break laws and regulations
- breaches of public order
The Re-user undertakes to not associate the name of the Producer and/or its logo in the context of promotional activities, advertising and/or other communication linked to subjects.