Terms and Conditions
The website you are visiting (hereinafter the “Service”) is governed by general terms and conditions of use. This text contains the general terms and conditions of use (Ts and Cs), which you accept by using the Service.
1. Legal notice of the Service
2. Purpose of the General Terms and Conditions of Use
The purpose of the present General Terms and Conditions of Use of the site (hereinafter “Ts and Cs”) is to define the provisions applicable to any use of the Service, in particular access to the Service and its use by a user (hereinafter the “User”). Use of the Service implies unreserved acceptance of the Ts and Cs. If the User does not accept the Ts and Cs, he may not use the Service and may leave the Service immediately.
3. Terms and conditions of access to the Service
- 3.1 Accessibility
The Service Provider, Forbidden Colours asbl endeavours, as far as possible, to keep the Service accessible 7 days a week, 24 hours a day.
The Service Provider reserves the right to interrupt, temporarily suspend or modify access to all or part of the Service without notice, in order to ensure maintenance, upgrade or for any other reason, in particular for technical reasons, without these manoeuvres giving rise to any obligation or compensation.
- 3.2 Communication of data
When the User registers for our newsletters or events, he or she undertakes to provide accurate, complete and up-to-date information. The User remains the sole guarantor of the information stored in his account. He can at any time add, modify or remove them.
- 3.4 Prohibition of illegal or unlawful use
The User is informed that all laws and regulations in force are applicable on the Internet. The User certifies that he or she will not use the Service for any purpose that is illegal or prohibited by law or the Ts and Cs.
As a non-exhaustive list, the User shall not under any circumstances:
– Intercept or attempt to intercept e-mail or any other private communication that is not intended for him/her;
– Use means that would result in limiting the peaceful use of the Service by a third party;
– Send electronic mail to other Internet users for any reason other than for individual communication and, in particular, use the Service as a mass communication tool in order to communicate a message of a general nature and unsolicited by the recipients;
– Misrepresenting oneself as an employee, agent or servant of the Service Provider;
– Use all or part of the data provided and collected on the Service for any commercial purpose.
Depending on his State of origin, the user may also be subject to special regulations that he undertakes to know and respect.
4. Warranty and liability
- 4.1 Quality of information and content
The Service Provider is only bound by an obligation of means; it does not bear any obligation of result of any kind whatsoever.
In general, the Service Provider does not guarantee the completeness, completeness, accuracy, legitimacy, reliability or availability of the content of the information and services offered. The Service Provider will use all available means to offer quality content to users but cannot under any circumstances accept any liability for any consequence whatsoever, resulting in particular from the use of its services by users or resulting from the information provided via these services. This information is under the responsibility of each User who provides it, parameters it, modifies it and controls it.
- 4.2 Security/Access
The Service Provider shall make reasonable and diligent efforts to maintain the security and operational integrity of the Service by adopting security measures appropriate to the nature of the data and the risks presented by its activity. However, many factors beyond the Service Provider’s control may interfere with the operation of the Service. Consequently, the Service Provider does not guarantee continuous, uninterrupted or secure access to its Services. As a corollary, the Service Provider cannot be held liable for any interruption in access to the Service and the consequences that may result.
The Service Provider can never be held liable for any damage (direct or indirect) or temporary or permanent incident that may be caused to the User’s data or computer equipment when accessing the Service or when visiting his account or generally when transmitting the files and software that make up the Service to his receiving device. In particular, the Service Provider is not responsible for the possible transmission of a virus through its Service.
The Service Provider is not responsible for the fraudulent use of its means of distribution and declines all responsibility in the event of intrusion into its computer systems and data theft, it being understood that the Service Provider implements the useful means to prevent such illicit intrusions.
- 4.3 Updates
Despite efforts to ensure the accuracy of the information and/or documents on the Service, the Service Provider disclaims all liability of any nature whatsoever for any inaccuracy or failure to update any information and/or document on the Service.
- 4.4 Damage
Within the legal limits set, the Service Provider is not liable for any damage suffered by the User related to a case of force majeure or related to any commercial prejudice, loss of customers, loss of brand image, commercial trouble or any other special, incidental or indirect damage arising from or in connection with the Service or these Ts and Cs.
5. User’s liability to the Service Provider
- 5.1 Information provided
The data and messages that the User sends cannot :
– be false, inaccurate or misleading (they must, as far as possible, be true and verified);
– be defamatory, illegally threatening or harassing;
– be obscene (pornography, paedophilia), contrary to public order and morality;
– contain attacks or insinuations based on race, creed or lack thereof, ethnic origin, gender or sexual orientation;
– contain viruses, Trojan horses or any other computer program whose purpose is to harm, intercept or expropriate system, data or personal information;
- 5.2 Data Removal
6. Links to other services
The Service may link to other services over which the Service Provider has no technical or content control. The existence of a hypertext link to another service does not constitute an endorsement of that service or its content.
The Service Provider cannot therefore offer any guarantee as to the exhaustive or exact nature of the content of these third-party services, nor as to their availability.
The Service Provider declines all responsibility for direct or indirect damage resulting from the consultation or use of the web services to which the Service refers or the information published on these services. It also declines all responsibility for the processing of personal data on these services.
The Service Provider invites the User to read the Ts and Cs and the Privacy Policies of these web services.
7. Confidentiality and Respect
The User agrees to treat as strictly confidential and not to transmit to third parties any information, images or other content resulting from any activity related to the Service Provider.
The User is also prohibited from using the information obtained from the Service to abuse, harass or harm another person or to contact, promote, solicit or sell information relating to that person, without the User’s prior explicit consent.
8. Processing of personal data
9. Miscellaneous provisions
- 9.1 Amendments to the Ts and Cs
The Ts and Cs may be modified at any time by the Service Provider, without prior notice, in accordance with changes to the Service, changes in legislation or for any other legitimate reason.
In the specific case of the need to adapt the Service to changes in legislation, the Service Provider will make every effort to carry out these adaptations as quickly as possible. During this period, the User acknowledges that the Service Provider cannot be held liable for temporary non-compliance.
The new Terms and Conditions of Use are posted online with the date of the update and are immediately applicable to all Users.
The version of the Terms and Conditions that is enforceable between the parties is permanently available on the Service.
The User undertakes to keep informed of these changes by regularly consulting the page of the Service containing the Ts and Cs.
- 9.2 Agreement of Proof
The Service Provider and the User agree that they may exchange the information necessary for the Service by electronic means. Any electronic communication between the parties is presumed to have the same evidentiary force as a written document on paper. The use of the User’s email allows the Service to consider that it is the User himself who uses the Service.
A printed version of the Ts and Cs and of any warning notice delivered in electronic form will be accepted in any legal or administrative proceedings related to this contractual relationship, in the same way and under the same conditions as other documents and business records created and kept in printed form.
- 9.3 Severability
If one or more clauses of the Ts and Cs should be declared null, invalid, illegal or inapplicable under applicable law, in whole or in part, such a situation would not affect the validity of the remaining clauses. The null, invalid, illegal or inapplicable clause will be replaced retroactively by a valid and applicable clause whose content is as close as possible to that of the original clause.
- 9.4 Entire Agreement
- 9.5 Force majeure
Notwithstanding any provision to the contrary, no party shall be held liable for any delay in the performance or non-performance of its obligations resulting from events of force majeure (such as strikes, war, earthquakes, cataclysms of any kind, direct or indirect effects of explosion, fire, heat release, flooding and any other case of external, unforeseeable, irresistible force majeure, as this notion is defined in Belgian law).
- 9.6 Relationships
These Ts and Cs shall in no way be construed as a partnership, joint venture or any other association between the Parties, nor shall either Party be deemed to be the agent or employee of the other. The relationship between the Service Provider and the Users is that of an independent contractor.
- 9.7 Notification
Any communication or notification to the User will be valid if it is addressed to the e-mail address he or she has given, even if it is no longer valid.
- 9.8 Applicable law and competent courts
The Ts and Cs are governed and interpreted in accordance with Belgian law.
Any dispute relating to the use of this Service as well as the validity, interpretation, execution or non-execution of these Ts and Cs shall fall under the exclusive jurisdiction of the Belgian Courts for any type of proceedings.