1/ LEGAL INFORMATION
This site is run by SA BePharBel Manufacturing – 13 rue du Luxembourg, 6180 Courcelles, Belgium (No. BCE 0844.689.955) – Tel. + 32 (0)71 466060 – e-mail: email@example.com.
2/ ACCESS TO SERVICES
BePharBel Manufacturing endeavours, insofar as is possible, to ensure that the services are accessible 7 days per week and 24 hours per day.
BePharBel Manufacturing reserves the right to interrupt, temporarily suspend or summarily modify the access to all or part of the Services in order to carry out maintenance thereupon, upgrades thereto or any other reasons, particularly of technical nature, without such manoeuvres giving rise to any obligation or compensation.
2.2. USER OBLIGATIONS
By accessing, visiting or using the Services, the User guarantees and certifies that he or she:
- Has the legal capacity to enter into such contractual relations.
2.3. PROHIBITION OF ILLEGAL OR UNLAWFUL USE
The User is hereby informed that all enforceable regulations and laws are applicable on the internet.
Without limitation, the User shall under no circumstances:
- Intercept or attempt to intercept an e-mail or any other means of private communication that is not intended for him or her.
- Use means that result in limiting the peaceful use of the Services by a third party.
- Send e-mail to other internet users for any reason other than individual communication and, particularly, use the Services as a tool of mass communication to send messages of general nature unsolicited by senders.
- Falsely represent himself or herself as an employee, agent or official of BePharBel Manufacturing.
- Use all or part of the data supplied and collected on the Services for any commercial purpose whatsoever.
According to his or her country of residence, the User may also be subject to specific regulations that he or she undertakes to understand and observe.
3/ PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR THE SERVICES AND THEIR CONTENT
All the rights concerning the content and architecture of these Services and, particularly but not exclusively, the photos, texts, logos, lay-out, illustrations, slogans, trading names and other elements of these Services are reserved.
They are protected by Belgian and international legislative and regulatory texts, which must imperatively be respected by each User of the Services.
BePharBel Manufacturing only grants the User a free, personal, non-exclusive and non-transferable right to access and use the Services, subject to the respect of these terms.
The User is thus authorised to use the content of the Services for his or her personal information purposes, as a source of information or data collection.
Subject to the exceptions provided for by law, the User shall refrain from the following, without this list being exhaustive: modifying, copying, distributing, transmitting, disseminating, publishing, licensing, transferring, selling, reproducing or causing to be reproduced all or part of the information, software, product or service obtained through use of the Services, whether temporarily or definitively, by any means, whether known or to date unknown, on any media, without the prior written consent of BePharBel Manufacturing. Failure to observe this prohibition shall constitute a forgery, engaging the civil and criminal liability of the forger.
Hyperlinks to the Services are tolerated on the condition that they are not accompanied by any disparaging or defamatory remarks about the Services.
4/ GUARANTEE AND LIABILITY
The Services and their content are supplied “as is” and without any express or implied guarantee as to their conditions of use and/or their availability.
4.1. QUALITY of information and content
BePharBel Manufacturing has taken the utmost care in gathering the data as well as in writing the texts that make up the Services.
Nonetheless, BePharBel Manufacturing is only bound by a duty of care; it shall not be held liable to any obligation of results of any nature whatsoever.
In general terms, BePharBel Manufacturing does not guarantee the completeness, exhaustiveness, accuracy, legitimacy, reliability or availability of the content of the information and facilities provided via the Services. It shall implement all the means available to offer premium content to the users but under no circumstances shall it be held liable for any consequences whatsoever, arising in particular from the use of the Services by the users or stemming from the information delivered via the Services.
4.2. SECURITY – ACCESS
BePharBel Manufacturing shall reasonably and diligently endeavour to maintain the security and operational integrity of the Services by adopting security measures that are adapted to the nature of the data and the risks involved in its activity. However, many factors outside the control of BePharBel Manufacturing may interfere with the operation of the Services. Accordingly, BePharBel Manufacturing does not guarantee continued, uninterrupted, secure access to the Services. Consequently, BePharBel Manufacturing shall under no circumstances be held liable for interruption of access to the Services and the consequences that may arise therefrom.
BePharBel Manufacturing shall never be held liable for any damages (whether direct or indirect) or temporary or permanent incident that may be caused to the data or computer hardware belonging to the User on accessing the Services, or more generally during transmission of the files and software that make up the Services to his or her receiving device. In particular, BePharBel Manufacturing shall not be held liable for any transmission of viruses via the Services.
BePharBel Manufacturing shall not be held liable for the fraudulent use of its means of distribution and does not accept any liability in case of hacking into its IT systems and data theft, on the understanding that BePharBel Manufacturing shall implement the appropriate means in order to prevent such unlawful intrusion.
Despite efforts to ensure the accuracy of the information and/or documents on the Services, BePharBel Manufacturing shall accept no liability of any nature whatsoever in case of inaccuracy or lack of update of a piece of information and/or a document included in the Services.
BePharBel Manufacturing may publish hyperlinks to other web sites over which it has no control in technical and content terms. The existence of a hyperlink towards another web site does not represent approval of this web site or its content.
BePharBel Manufacturing cannot therefore offer any guarantee regarding the exhaustiveness or accuracy of the content on such third party web sites. Similarly, it cannot offer any guarantee of their availability.
BePharBel Manufacturing does not accept any liability for the direct or indirect damages arising from the consultation or use of third party web sites for which there are links in the Services, or information published on such third party web sites. It also does not accept any liability regarding the processing of personal data on such third party web sites.
BePharBel Manufacturing invites the user to read the general terms and privacy policies of such third party web sites.
6/ MISCELLANEOUS PROVISIONS
In the specific case of requiring the adaptation of the Services to legislative changes, BePharBel Manufacturing shall do its utmost to carry out such adaptations as soon as possible. During this period, the User acknowledges that BePharBel Manufacturing cannot be held liable for temporary lack of compliance.
6.2. AGREEMENT IN RELATION TO PROOF
BePharBel Manufacturing and the User agree that they may proceed with the exchange of information required for the Services by electronic means. All electronic communication between the parties is presumed to have the same probative value as paper copy in writing.
6.4. ENTIRETY OF THE AGREEMENT
6.5. FORCE MAJEURE
Notwithstanding any contrary provisions, none of the parties shall be held liable for a delay in performing or failing to meet its obligations resulting from cases of force majeure (such as strikes, wars, earthquakes, cataclysms of any nature, direct or indirect effects of explosions, fires, heat emission, flooding, as well as any other unpredictable, irresistible and external case of force majeure as this concept is defined under Belgian law).
In case of disputes between the Users of the Services or between the Users and a third party, BePharBel Manufacturing has no obligation to become involved. The User clears BePharBel Manufacturing, its directors, employees and other members of any proceedings, damages and compensation of whatever nature, whether known or to date unknown, relating to such disputes with which he or she is involved.
Any communication or notification made to the User shall be deemed valid if it is sent to the e-mail address provided by the latter, even if such an e-mail address is no longer valid.
6.8. APPLICABLE LAW AND COMPETENT COURTS
If applicable, the choice of applicable Belgian law and Belgian competent courts as stipulated is without prejudice to the application, with regard to the User, of the mandatory provisions of the law in the Member State of the European Union in which the User resides if they prove to provide greater protection for him or her than the Belgian provisions or the competence of another court, designated by the applicable European Union law.