Definition and application

The «website» is the site available at the following address: www.barestho.com

The website is administered and managed by Barestho SRL, located at Avenue de la Bourgogne, 96 in 7700 Mouscron, which can be contacted by email: contact@barestho.com, registered with the BCE under number 0740.454.745, (hereinafter referred to as the provider).

The term «user» refers to any user, whether a natural or legal person, registered or not on the website, who consults the website or its content, downloads files, uses them, registers via any form available on the website, becomes a member, subscribes or contracts with the service provider.

The provider and the user are hereinafter referred to as «the parties».

By browsing the website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the website, becoming a member, subscribing or contracting with the provider, the user formally accepts these general terms and conditions without conditions and without reservation, and agrees to comply with them.

These terms and conditions apply to all information consultations, orders, subscriptions, and contracts binding the parties. Furthermore, these general terms and conditions exclude and replace all other general terms and conditions.

The provider reserves the right to change these terms and conditions at any time, without prior notice. These changes will apply immediately to all use of the website.

Website access and use and its content

The website can be accessed by computers, tablets, smartphones, or any other device with current software installed (browser, operating system, etc.). The provider does not guarantee compatibility and cannot be held responsible if the user is unable to access and/or use all or part of the website or its content, for any reason whatsoever.

Consequently, it is the user's responsibility to ensure they have the necessary IT resources, and possibly human resources, to guarantee connectivity with the website.

When accessing the website or its content, the user expressly undertakes not to:

• Attempting to gain access to parts of the website that are not publicly available online.
• To commit any act that could, at any time, compromise the proper functioning of the website in any way whatsoever.
• To use an (automatic) system, such as, but not limited to, «robots», ..., intended to create:
  
  • Denial-of-service attacks (including, but not limited to, network DoS, application DoS, network DDoS including DrDoS).
  • Messages designed to influence questions and requests, competition entries and responses, votes, or any interaction with another website user, even when the user is responding to a request made on the website.
• Display, download, send, transmit, e-mail or otherwise make available any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, threatening to another's privacy, hateful, racist or otherwise objectionable.
• To view, display, download, send, or transmit any content that would contravene current international laws.
• Attempting to mislead other users by impersonating the name or company name of others.
• To download, display, send, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, intellectual property right, or other proprietary right of any other party.
• Download, display, transmit by email, or otherwise distribute any content containing computer viruses or other code, files or programmes designed to interrupt, destroy, hinder, disrupt or limit the functionality of any software, computer, service, server, network or telecommunications tool, without limitation.
• Commit any action that has a disruptive effect hindering the ability of other users to access the website.
• Refusal to comply with applicable conditions, procedures, general rules or regulatory provisions concerning networks connected to the website.
• To harass one or more other users of the website or its content in any way.
• Collect and store personal data relating to other users.

The user agrees to take all reasonable and necessary precautions to prevent their equipment or data from being affected by viruses, bugs, Trojan horses, or any other malicious computer programme of any kind whatsoever.

For access to, or use of, certain parts of the website, the user may need to register or become a member. In this case, upon registering, the user agrees to provide accurate, up-to-date, and complete data, and to ensure its regular updating. Otherwise, the provider shall be entitled to suspend or terminate the user's account, or to deny them access to all or part of the website or its content.

Where applicable, the user agrees to keep their login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of their password and any use that may occur without their knowledge. If in doubt about the confidential nature of the password, it is the user's responsibility to change it immediately or to notify the provider in writing as soon as possible.

The user accepts that the functionalities offered through the website are subject to change. Thus, some will be removed and others added without the user being able to consider that access to a particular functionality constitutes an acquired right. Likewise, the provider will decide on its own whether to include or remove any content presented on the website.

The provider reserves the right, at any time and for any reason whatsoever, to modify or temporarily or permanently suspend all or part of access to the website without prior notice to users.

This will be the case, for example, in the event of website maintenance or significant changes to the content and/or features offered.

This will also be the case where the provider can legitimately believe that the user has violated or acted contrary to these general terms and conditions or any other legal requirement in force at the time of the violation.

Licence

The user is granted the right to consult the website and its content for personal use only. As such, the user benefits from a personal, non-assignable, non-transferable licence to use the website and its content, exclusively limited to personal use. The duration of the licence is limited to the period 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 website’s various features, recordings of all or part of the content available on the website, or any use of the website and its components solely for the purpose of generating revenue.

Furthermore, it is strictly forbidden for the user, who otherwise cannot grant permission to others, to:

• Modify, reproduce, copy, borrow, distribute all or part of the website or its content.
• To create derivative works based in whole or in part on the elements present on the website.
• Reverse engineer, decompile or otherwise attempt to discover the source code of all or any part of the website.
• Create a hyperlink to or from the website without the prior express consent of the provider.
• To sub-license or otherwise transfer any right relating to the website and/or its content, including but not limited to, any right relating to the software.

Intellectual and industrial property

The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, designs, slogans, software, animations, audiovisual works, texts, data, databases, music, and all other elements of the website, belong to, are, and remain the exclusive property of the provider and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of database producers, etc.), which the user acknowledges and accepts.

By browsing or consulting the website, by registering, by becoming a member, by downloading files or by using the content of the website in any way whatsoever, the user does not in any way become the holder of any of the foregoing rights or similar rights.

The provider guarantees that the elements present on the website and made available to the user solely by the provider comply with the rights of third parties and, in general, are not unlawful.

The storage of any information and/or element of the website in a database is not permitted, except for the automatic retrieval of information by the browser.

By placing certain data, texts, images and/or any other elements online, the user automatically grants the provider an exclusive, free licence to reproduce, communicate and/or otherwise use these elements, both on the website and in one or more magazines or products published by the provider.

Responsibilities & User responsibility

The consultation and use of the website, as well as the download of files of any nature and by any technical means, from the website and its content, are always carried out under the responsibility of the user, including in relation to third parties.

Each user is solely responsible for their registration and/or affiliation, as well as any misuse or damage that may result therefrom. The service provider cannot be held liable for any improper use of the registration or affiliation, login and/or password.

The user also agrees to be responsible towards any person, and in particular towards the persons represented, in any way, for any content they publish either on or through the website.

The website may contain links to other websites over which the provider has no technical or content control. The user remains solely responsible for the decision to activate these links. The provider therefore in no way guarantees the accuracy and completeness of the content, the access and availability of these other websites, the external links to which they refer, nor the consequences that may result from consulting and/or using these sites in any way whatsoever. It is therefore up to the user to determine for themselves whether it is appropriate to visit these sites.

If the user posts a message of any nature or any form of information, data and/or opinion on the website, they undertake to use exclusively information that does not conflict with the intellectual and/or industrial rights of third parties, nor with standards and good morals, nor with any legal provision. As such, the user expressly guarantees the provider against any complaint or action brought by third parties based on the content they have posted on the website.

Service provider liability

The service provider is bound by an obligation of means. The service provider shall in no event be held liable for any direct or indirect damages incurred by the user during their use of the website, linked sites, and/or the content made available to them.

The provider makes its best efforts to ensure that the data and documents that are part of the website are complete, accurate, and up-to-date. Errors and/or omissions and/or outdated data can never be excluded, and therefore the provider gives no guarantee in this regard.

Likewise, the provider is only liable for their fraud or gross negligence. They are not responsible for the fraud or gross negligence of their appointed agents and, generally speaking, of their execution agents.

The provider will make its best efforts to ensure that the website remains accessible at all times for a normal number of users but cannot be held liable for any direct or indirect damage related to any modification, suspension or interruption of access to the website for any reason whatsoever.

The service provider is also not responsible for contacts and relationships between users of the website.

The provider further does not guarantee the compatibility of the files that are part of or featured on the website with the user's equipment, nor the accessibility of these elements.

The user shall also indemnify the provider against any claims in either of the following cases:

• Loss of opportunity or income of any kind due to the operation or non-operation or use or non-use of the website or any content therein or intended to be therein.
• Illegal or unauthorised intrusion by any third party into the provider's web server or website.
• Introduction of a computer virus onto the web server or website.
• Temporary bandwidth congestion.
• Interruption of internet connection service due to a cause beyond the provider's control.

The user acknowledges and accepts:

• The restrictions and risks associated with the use of the internet or any other means by which the website is currently or will in the future be made available.
• The risks of storing and transmitting information electronically or digitally.
• The fact that the provider cannot be held liable for any damage caused by the use of the website or the internet due to the aforementioned risks.
• The fact that electronic communications exchanged and backups made by the provider can serve as proof.

Although the provider makes every effort to keep the website free of bugs, viruses, trojans, etc., these cannot be ruled out. The provider may in no way be held responsible for any damage and/or loss that would result from this, particularly with regard to user data. Users are therefore strongly advised to install anti-virus software, etc., in order to prevent potential damage to their computers and to be cautious about communicating personal data.

With regard to messages from third parties, the service provider cannot be held liable in any way for any prejudice that may arise from them, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages fall under the exclusive responsibility of the person who posted them.

Various provisions

Force majeure

The provider cannot be held liable, either contractually or extra-contractually, in the event of non-performance, temporary or definitive, of its obligations when such non-performance results from an event of force majeure or an act of God.

Applicable law and competent jurisdictions

This agreement is subject to Belgian law.

In the event of a dispute concerning the validity, interpretation, performance or termination of this agreement, the parties agree to engage in mediation prior to any other method of dispute resolution.

The parties shall thereupon appoint a mediator approved by the Federal Mediation Commission (Boulevard Simon Bolivar, 30 (WTC III) at 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make such an appointment.

Once the mediator has been appointed, the parties, with the mediator's assistance, will define the arrangements for organising the mediation and the length of the process.

Either party may end mediation at any time without prejudice.

In the event of mediation failure, only the courts of the judicial district of Hainaut shall have jurisdiction.