GENERAL TERMS OF USE

Last updated 10th Mai 2022

1. GENERAL INFORMATION RELATED TO THE SITE

The website https://ohfildeleau.be/ (hereinafter referred to as the “Site”) is the property and is managed by Ophélie Deleau, entrepreneur and natural person, resident at 1200 Woluwe-Saint- Lambert (BE), avenue du Castel 71, bte 2, registered at the Banque Carrefour des Entreprises under number BCE 0741.830.858 (Registre des Personnes Morales de Bruxelles) (hereinafter referred to as “Oh Fil Deleau”, “we”, “our”, or “ours”).

If you have any questions, comments or complaints about our Site, its content or its use, you can contact us directly by e-mail at ophelie.deleau@ohfildeleau.be or send us a letter to the postal address indicated above. We will do our best to reply as soon as possible.

We reserve the right to amend these general terms of use (see the section “Terms of Use” below) from time to time. In such case, we will update the date of the last modification which appears at the top of the Terms of Use, available to you by clicking the link at the bottom of each page of this Site. The modifications will be effective immediately unless stated differently.

By accessing or using our Site, the user of the Site (hereinafter referred to as the “User”, “you”, “your” or “yours”) agrees to be bound irrevocably and unconditionally by the terms and conditions governing the access and use of the Site, as given in our Terms of Use.
Within the given Terms of Use, Oh Fil Deleau and the User can also be referred to as the “Parties” or individually as a “Party”.

Thank you for visiting our Site. We recommend reading our Terms of Use carefully before using our Site.

2. YOUR USE OF THE SITE

Warning: As User of our Site, you are solely responsible for any information you communicate and the content (e.g.: photographs, images…) that you share through the Site, as well as, more generally, all the elements that you share to us through the Site (collectively, the “Content”).

When using our Site, you agree to comply with the existing laws and regulations. You agree to the following terms, which may include but are not limited to:

  • communicating correct, complete and updated information;
  • not impersonating any other individual, entity or legal person in order to access and use ourSite;
  • not seeking to trace any information on any other user of the Site;
  • protect your own data and/or software stored on your computer equipment against any harm(virus, Trojan Horse or any malicious software);
  • complying with the instructions we could give you regarding our Site and its use (for example, in case of maintenance works on the Site);
  • refraining from publishing, download, sending or forwarding Content that is (including but not limited to):
    • – infringing,
    • –  fraudulent, false or misleading,
    • –  defamatory, disparaging, slanderous, vulgar, obscene, offensive, pornographic, paedophilic,
    • –  discriminatory, racist, intolerant, hateful or which incites hatred or harassment against an individual or group,
    • –  threatening, abusive, violent or inciting to violence,
    • –  likely to offend the dignity or respect of a person,
    • –  likely to undermine the protection of minors,
    • –  likely to encourage illegal or dangerous activities or substances,
    • –  – etc.
  • refraining from copying and/or misappropriating the concept, technologies or any portion of the Site for your own purposes or those of third parties;
  • refraining from any practice that seeks to misuse the Site for purposes other than those for which it was designed or any behaviour that may affect the proper functioning of the Site;
  • refraining from attempting to gain unauthorized access to our computer system;
  • refraining from any conduct causing disproportionately large processing load on theinfrastructure of the Site;
  • refraining from selling or granting to third parties access to the Site or information required to access it; and finally, more generally,
  • refraining from any failure to comply with these Terms of Use, as well as the existing laws and regulations.If you fail to comply with any of the terms above or, more generally, in case of violation of the existing laws and regulations, we reserve the right to take all appropriate measures and, if necessary, to take legal action to preserve and defend our rights.

3. Intellectual property rights

The Site and its entire contents including but not limited to the systems and software used, the source code and object code, the texts, logos, photographs, images, and other visual contents, audio files, databases, and arrangement thereof, the name “Oh Fil Deleau”, the trademarks, the trade name and the domain name, are protected by copyrights and/or other intellectual property rights, such as the trademark rights (the “Intellectual property rights”).

All applicable Intellectual Property Rights (copyrights, trademark rights, rights of the data base producers, design rights, etc.) are and remain owned by Oh Fil Deleau or have been integrated to our Site with the authorisation of the owner of those rights.

None of the portions of the Site and no data or information made available on the Site may be stored or recorded (except to the extent necessary for the use of the Site), reproduced, modified, translated,

broadcast to the public, distributed, rented, sold, transferred to third parties, or used in any way whatsoever without our prior written permission.

All acts of extraction, data mining and similar acts with respect to the portions (or certain portions) of the Site are strictly prohibited.

4. PERSONAL DATA PROTECTION

We gather, process and store the personal data we collect through yours accessing and using the Site:

  • in line with the existing laws and regulations on the processing of personal data and, in particular, the regulation (the EU) 2016/679 of the European Parliament and the European Council from 27th April 2016 (“GDPR”) and the Belgian law of 30th July 2018 on the protection of natural persons with regard to the processing of personal data (including future adaptations and amendments), and
  • in accordance with our Privacy Policy.The term « personal data » has the same meaning as in article 4,1) of the GDPR.

5. WARRANTIES AND LIMITATION OF LIABILITY
The Site and all its portions, descriptions and information are provided ‘as is’, without any warranties,

either express or implied.

We are committed to providing information that is as accurate and correct as possible, but with no warranty of accuracy, completeness, reliability and relevance of the information and contents provided on our Site and without liability. This applies to the information and the contents we publish on our Site, as well as the information and contents you, or possibly other third parties, publish. The terms “information” and “contents” refer to all the portions that can be made available on the Site, including but without being limited to the texts, images, audio files or data.

As the owner of the Site, we do our best to use the most modern technology available for its set up and its use, and we carry out regular checks to ensure that the Site is accessible and functioning properly. Despite these efforts, we are not liable for any (temporary) breakdown, interruption or failure of the Site, or malfunction of the Site, or difficulties encountered due to maintenance work on the Site which may impede the accessibility and use of the Site.

Furthermore, we are not liable for any damage or defect, whether permanent or temporary, to your computer or to your data, suffered during or after using the Site. In particular, we are not liable for the transmission of any virus, Trojan horse or other malicious programs via the Site.

We don’t endorse or assume any responsibility for the hypertext links that may possibly be found on the Site and that lead to third party sites, or for the possible damage that could be caused to your devices (computer, smartphone, tablet…) while visiting on those sites. We do not have any control on those sites dans we are not liable for the information and contents published on them.

We don’t endorse or assume any responsibility for any decision you might make or action you might take on the basis of the information and contents published on the Site. We don’t endorse or assume any responsibility for any error you might make on the basis of information and contents provided on our Site.

We are not liable for any indirect, consequential or incidental damage arising out (i) the inaccuracy, incompleteness, irrelevance, omission or negligence in the production, creation, writing or in your interpretation of the information or contents published on the Site or (ii) your breach of any of the provisions of our Terms of use or, more generally, your failure to comply with the existing laws and regulations.

Nothing in these Terms of Use is intended to exclude or limit our liability for fraud, death or personal injury caused by our negligence, or any other liability to the extent that it cannot be excluded or limited under applicable law.

6. INDEMNITY

Users agree, to the extent permitted by applicable law, to indemnify, defend and hold us harmless from any claims, losses, costs, liabilities or damages, in anyway related to or cause by:

  • Content communicated through the Site,
  • the violation of any right of a third-party, in particular, their intellectual property rights,
  • Users’ breach of their obligations under any of the provisions of our Terms of Use, and more generally,
  • the violation of any laws and regulations that may apply as a result of the operation of our Terms of Use.

7. MISCELLANEOUS PROVISIONS

The fact that Oh Fil Deleau does not avail itself of or does not take any action against the User in the event of a breach of our Terms of Use shall not be considered as a waiver of the right to avail itself of them or to take any legal action in the event of a subsequent breach by the User.

The invalidity of any provision of our Terms of Use shall not affect the binding nature of the other provisions. The Parties agree that the provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by conforming provisions that are as close as possible to the provisions deemed invalid and/or unenforceable and of equivalent economic effect.

If a contradiction should arise or a dispute should arise with regard to the interpretation of a term or provision contained in one of the translations (in one or more languages) of these Terms of Use, the French version of the Terms of Use shall prevail.

8. APPLICABLE LAW AND COMPETENT JURISDICTION

Our Terms of Use are exclusively governed and interpreted by and in accordance with Belgian law.

Any claim or dispute relating to our Terms of Use, in particular regarding their validity, interpretation or implementation, and, more generally, any dispute between the Parties, will be resolved exclusively in the competent courts and tribunals of our domicile (as referred to above in Article 1), unless mandatory legal provisions or public policy state otherwise.

Before taking legal action, the Parties shall take all reasonable steps to reach an amicable solution to the dispute between them.

Copyright © Oh Fil Deleau 2022 - Developed & designed by General condition of sale - General terms of use - Privacy Policy