WEBSITE GENERAL TERMS AND CONDITIONS
Version of 10/07/2020
Definitions & Application
The “Website” is the website available at the following link: “mysweetneko.be”
The administrator and manager of the website My Sweet Neko through the cooperative enterprise for business development Avomarc SCRL FS, is located at Boulevard André Delvaux 15/2 – 7000 Mons (Belgium) and registered under number 0882 041 388 and can be contacted at the email address: firstname.lastname@example.org (hereinafter referred to as “the Service Provider”).
The term “User” refers to any user, whether a natural person or legal entity, registered or not on the Website, who consults the Website and/or its content, downloads and/or uses its files and registers via any form available on the Website, becomes a member, subscribes or contracts with the Service Provider.
The Service Provider and the User are jointly referred to as “the Parties”.
By surfing on the Website, reading documents, downloading files, consulting and/or using documents and files in any possible way, registering via any form available on the Website, becoming a member, subscribing or contracting with the Service provider, the User formally agrees to comply with these general terms and conditions without any limitation or form of reservation.
These general terms and conditions shall apply to any form of consultation of information, order, subscription or contract between the Parties. Furthermore, these general terms and conditions exclude and supersede any other general terms and conditions.
The Service Provider reserves the right to modify these general terms and conditions at any time and without prior notice. These changes will apply immediately to any use of the Website.
Additional rules and guidelines shall be deemed to form an integral part of these general terms and conditions. The User is therefore recommended to refer regularly to the latest version of these terms and conditions, which is permanently available at the following link : https://mysweetneko.be/en/terms-of-use/ .
Access and use of the Website and its content
Access to the Website is possible by computers with an updated software version (browser, operating system, etc.). The Service Provider does not guarantee any compatibility and shall not be liable in any way if the user cannot consult and/or use all or part of the Website or its content, for any reason whatsoever.
Consequently, it is the User’s responsibility to foresee the necessary equipment and, eventually, human resources to ensure his accessibility to the Website.
In the context of the User’s access to the Website or its content, the User is expressly forbidden, in any way whatsoever and whatever the technical means used, to:
attempt to obtain access to parts of the Website that are not made accessible to the public;
take any action that, at any time, could compromise the proper functioning of the Website in any way whatsoever;
use any (automatic) system whatsoever, such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc., whose purpose is to create: (1) denial of service attacks (such as, without this list being exhaustive, network DoS, Dos applicatives, network DDoS, including DrDOS, or DDoS applicatives); (2) messages whose purpose is to manipulate questions and requests, responses and contest entries, votes, or any interaction with another User of the Website, even when the User reacts to a request made on the Website (for example, for a contest entry);
post, upload, send, forward, email or communicate in any other way, any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, hateful, racist, or otherwise damaging, threatening the privacy of others;
consult, post, download, upload, send, forward, email or communicate in any other way, any content contrary to international laws in force;
attempt to mislead other Users by usurping the name or corporate name of others;
upload, post, send, forward, email or communicate in any other way, any violent content, patent, trademark, trade secret, intellectual property right or other ownership right of third parties;
upload, post, send, forward, email or communicate in any other way, any material containing computer viruses or any other code, file or program designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunications tool, without this list being exhaustive;
take any action leading to a disruptive effect that impairs the ability of other Users to access the Website;
refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Website;
harass in any way one or more Users of the Website or its content;
collect and store personal data relating to other Users.
The User shall take all reasonable and necessary precautions to prevent his equipment or data from being infected by viruses, bugs, trojan horses, or any other malicious computer program of any kind.
In order to gain access or be able to use some parts of the Website, the User may be required to register or become a member. In such a case, when registering, the User shall provide accurate, up-to-date and complete data and shall ensure that this information is regularly updated. Otherwise, the Service Provider shall be entitled to suspend or terminate the User’s account, or to refuse access to all or part of the Website or its content.
If necessary, the User shall keep his login and password secret and shall not share them with third parties. The User remains solely responsible for the secrecy of his password and for any use that may occur without his knowledge. In case of doubt with regard to the secrecy of the password, it is the User’s responsibility to change its password immediately or to notify the Service Provider as soon as possible in writing.
The User recognizes and accepts that the functionalities offered through the Website might be subject to change. Thus, some of these functionalities might be deleted and others might be added, without the User being able to consider that access to a functionality does not constitute an acquired right. The Service Provider will decide whether it is appropriate to include or delete any content presented on the Website.
The Service Provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Website without being required to inform Users in advance. This will be the case, for instance, in the event of maintenance of the Website or major changes in its content and/or functionalities.
This shall also apply if the Service provider can legitimately believe that the User has violated or acted in contradiction with these general terms and conditions or any other legal provisions in force at the moment of the offense.
The User has the right to consult the Website and its content for personal purposes only. As such, the User will benefit from a personal license which will grant him the right to use the Website and its content. The personal license is non-assignable and non-transferable. The personal licence can only be use for personal purposes. The duration of the User license is limited to the duration of the User’s access to the Website.
Any commercial use of the Website is strictly prohibited. The term “commercial use” refers, but is not limited to, any sale or rental of the various features of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components for the sole purpose of generating revenue.
It is also strictly forbidden for the User, who at the same time will not grant permission to others, to:
modify, reproduce, copy, borrow or distribute all or part of the Website or its content;
create derivative works based in whole or in part on the elements present on the Website;
reverse the design or assembly or in any other way attempt to find the source code of all or part of the Website;
create a hypertext link to or from the Website, without the prior and express consent of the Service Provider;
sublicense or transfer in any way any right with regard to the Website and/or its content, including but not limited to any right in relation to the software.
Intellectual & Industrial Property
The concept, content, layout, structure, source codes, programming, images, photos, information, elements of information, logos, designs, trademarks, models, slogans, software, animations, audiovisual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website belong to, are and remain the exclusive property of the Service Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the database producer, etc.)), which the user acknowledges and accepts.
By surfing or consulting the Website, registering, becoming a member, downloading files, or using the content of the Website in any way, the User does not become in any way the owner of any of the rights referred to above or any similar rights.
The Service Provider guarantees that the elements present on the Website and made available to the User by the Service Provider only, respect the rights of third parties, and are not illegal in general.
The storage of any information and/or element of the Website in a (electronic) database is not permitted, with the exception of the automatic collection of information by the browser.
By placing certain data, texts, images and/or any other element online, the User grants, automatically and free of charge, exclusive permission to the Service Provider to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more magazines or products published by the Service Provider.
The User shall always be held liable, also with regard to third parties, for the consultation and use of the Website, as well as the downloading of files of any nature, with any technical means whatsoever.
Each user shall be responsible for his registration and/or affiliation, as shall be held liable for any abuses or damage that may derive from it. The Service Provider cannot be held liable for any improper use of the registration or affiliation, login and/or password whatsoever.
The User shall be held liable with regard to any person, and more particularly to represented parties, for any content that he or she publishes either on the Website or through the Website.
The Website may contain links to other websites over which the Service Provider has no technical or content control. The User remains solely responsible for his decision to activate these links. Therefore, the Service Provider does not guarantee the accuracy and completeness of the content, the access and the availability of these other websites, the external links to which they refer, or the consequences that may result from the consultation and/or use, in any way whatsoever, of these other websites. It is therefore the exclusive prerogative of the User to determine whether it is appropriate to visit these websites.
When placing a message, or any other form of information, data and/or advice on the Website, the User shall only use information (images, photos) that is compatible with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), as well as with standards, morality and legal provisions. As such, the User expressly guarantees the Service Provider against any complaint or action brought by third parties based on the content that the User has placed on the Website.
Liability of the Service Provider
The Service Provider is bound by an obligation of means. The Service Provider shall not be held liable for any direct or indirect damage that the User may incur when using the Website, the sites linked to it, and/or the content that has been made available.
The Service Provider makes its best effort to ensure that the data and documents on the Website are complete, accurate and up to date. Errors and/or deficiencies and/or outdated data can never be excluded and, therefore, the Service Provider does not give any guarantee in this respect.
Furthermore, the Service Provider shall only be held liable for his intentional wrongs or negligence. The Service Provider shall not be held liable for the intentional wrongs or negligence committed by its employees, principals and, as a general rule, its executive agents.
The Service Provider makes its best efforts to ensure that the Website remains accessible, at all times, to a normal number of users, but cannot be held liable for any direct or indirect damage related to a modification, suspension or interruption of access to the Website, for any reason whatsoever.
The Service Provider shall not be held liable for contacts and relationships between Users of the Website.
The Service Provider does not guarantee the compatibility of the files (making part of the Website or on the Website) with the user’s equipment or the accessibility of these elements.
The User shall guarantee the Service Provider against any claim, in any of the following cases:
loss of opportunities or income of any kind following the operation or non-operation, use or non-use of the Website, or the content contained therein or intended to be contained therein;
illegal or unauthorized intrusion by any third party into the Service Provider’s web server or website;
introduction of a computer virus into the web server or on the Website;
temporary bandwidth congestion;
interruption of the Internet connection service for reasons beyond the control of the Service Provider.
The user acknowledges, accepts and agrees with:
the restrictions and risks related to the use of Internet or any other means by which the Website is or will be available;
the risks of storing and transmitting information electronically or digitally;
the fact that the Service Provider cannot be held liable for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, following the aforementioned risks;
the fact that the electronic communications exchanged and the backups made by the Service Provider may serve as proof.
Despite the best efforts of the Services Provider to keep the Website free of bugs, viruses, trojan horses and spyware, these incidents cannot be excluded. The Service Provider cannot be held liable in any way for any damage and/or loss resulting these incidents, in particular with regard to Users’ data. Users are therefore strongly advised to install the necessary firewalls, anti-virus and other protective software to prevent possible damage to their computers and to be careful when providing personal data.
With regard to messages from third parties, the Service Provider shall not be held liable for any damage resulting therefrom, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the person who post them.
Advertisements that are placed on the Website are always the responsibility of third parties. The Provider shall in no event be held liable for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in connection with these advertisements.
The Service Provider shall not be held liable, either on contractual or extra-contractual basis, in the event of temporary or definitive failure to fulfil its obligations where such failure results from force majeure or fortuitous circumstances.
The following events shall be considered as cases of force majeure or fortuitous events: (1) the total or partial loss or destruction of the Service Provider’s computer system or database, where any of these events cannot reasonably be attributed directly to the Service Provider and it is not demonstrated that the Service Provider has failed to take reasonable measures to prevent any of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, declared or not; (8) lockouts; (9) blockades; (10) insurrections and riots; (11) a shutdown of energy supply (such as electricity); (12) a failure of the Internet network or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet network or telecommunications network on which the provider depends; (15) a fact or decision of a third party when such decision affects the proper performance of this contract; or (16) any other cause beyond the reasonable control of the provider.
If the Service Provider is unable to execute its obligations or his task are made more onerous or difficult due to circumstances beyond its control, both the Service Provider and the User shall negotiate in good faith and fairly an adaptation of the contractual terms within a reasonable period of time in order to restore balance. Failing agreement within a reasonable period, each of the parties is allowed to invoke the termination of the contract without compensation or indemnity of any kind whatsoever.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of such article, paragraph or provision, unless there is an obvious contrary intention in the text.
If any part of these general terms and conditions is considered to be completely invalid, the Service Provider shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.
The titles used in these terms and conditions are for reference and convenience only. They shall not affect in any way the meaning or scope of the provisions they designate.
These general terms and conditions and any other contract (including a subscription contract), where applicable, represent the entire agreement between the parties.
A declaration, representation, promise or condition which is not contained in these general terms and conditions cannot and should not be accepted to contradict, modify or affect in any way the terms of these general conditions.
Furthermore and where applicable, any previous agreement between the parties shall be replaced by these general terms and conditions or any other subsequent contract (including a subscription contract).
Applicable law and competent courts
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or termination of this agreement, only the courts of the judicial district of Hainaut will have jurisdiction.