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, 7700 Mouscron, which can be contacted by email: contact@barestho.com, registered with the ECB under number 0740.454.745, (hereinafter referred to as the service provider).

The term "user" refers to any user, i.e. any 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 service provider and the user are hereinafter referred to as "the parties".

By surfing 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 entering into a contract with the service provider, the user formally, unconditionally and unreservedly agrees to these terms and conditions and undertakes to comply with them.

These terms and conditions apply to all information consultations, orders, subscriptions and contracts binding the parties. In addition, these general terms and conditions exclude all other general terms and conditions and supersede them.

The Provider reserves the right to modify these Terms and Conditions at any time without prior notice. These changes will apply immediately to all use of the website.

 

Access to and use of the website and its content

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

Consequently, it is the user's responsibility to ensure that he/she has the necessary computer and human resources to ensure connectivity with the website.

As part of the user's access to the website or its content, the user expressly refrains, in any manner whatsoever and regardless of the technical means used, from :

• Attempt to gain access to parts of the website that are not publicly available online.
• Take any action that could, at any time, compromise the proper operation of the website in any way whatsoever.
• Use any (automatic) system whatsoever, such as, but not limited to, "robots", etc., with the aim of creating :
  • Denial of service attacks (including but not limited to Network DoS, Application Dos, Network DdoS including DrDOS).
  • Messages that make it possible to influence questions and requests, responses and entries to competitions, votes or any interaction with another user of the website, even when the user is responding to a request made on the website.
• Post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist or otherwise objectionable.
• Consult, display, download, send or transmit any content that is contrary to current international laws.
• Attempt to mislead other users by usurping the name or corporate name of others.
• Upload, post, e-mail or otherwise transmit any content that infringes any patent, registered trademark, trade secret, intellectual property right or any other property right belonging to another party.
• Upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer, service, server, network or telecommunications equipment.
• Commit any action that has a disruptive effect on the ability of other users to access the website.
• Refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to the networks connected to the website.
• Harass one or more other users of the website or its content in any way whatsoever.
• Collect and store personal data relating to other users.

 

Users undertake 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 program of any kind whatsoever.

In order to access or use certain parts of the website, the user may be required to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. If this is not the case, the service provider will be entitled to suspend or terminate the user's account or refuse him/her access to all or part of the website or its content.

Where applicable, users undertake to keep their login and password secret and not to share them with third parties. Users remain solely responsible for the confidentiality of their password and for any use that may be made of it without their knowledge. If there is any doubt about the confidentiality of the password, it is the user's responsibility to change it immediately or to notify the service provider in writing as soon as possible.

The user accepts that the functionalities offered through the website may evolve. Thus, some features may be removed and others added without the user being able to consider that access to a particular feature constitutes an acquired right. Similarly, the service provider alone will decide whether 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 having to inform users in advance.

This will apply, for example, in the event of website maintenance or major changes to the content and/or functions offered.

This will also be the case if the service 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 only granted the right to consult the website and its content on a personal basis. As such, the user is granted a personal licence to use the website and its content which is non-assignable, non-transferable and exclusively limited to use for personal purposes. The duration of the user licence 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 to, but is not limited to, any sale or rental of the various functionalities of the website, recordings of all or part of the content available on the website or any use of the website and its components with the sole aim of generating revenue.

It is also strictly forbidden for the user, who cannot otherwise grant authorisation 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 provider's express prior consent.
• Sub-license or transfer in any manner whatsoever any rights relating to the website and/or its content, including but not limited to any rights relating to the software.

 

Intellectual and industrial property

The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, database, the music and all other elements 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 on or consulting the website, registering, becoming a member, downloading files or using the content of the website in any way whatsoever, the user does not under any circumstances become the holder of any of the aforementioned rights or assimilated rights.

The service provider guarantees that the elements present on the website and made available to the user solely by the service provider respect the rights of third parties and in general are not illicit.

The storage of any information and/or elements of the website in a database is not authorised, with the exception of the automatic retrieval of information by the browser.

By placing certain data, text, images and/or any other element online, the user automatically gives the service provider exclusive permission, free of charge, 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.

 

Responsibilities

Responsibility of the user

Consultation and use of the website and downloading of files, of whatever nature and using whatever technical means, from the website and its content are always at the user's own risk, including in relation to third parties.

Each user is responsible for his or her own registration and/or membership and for any misuse or damage resulting therefrom. The provider cannot be held responsible for any improper use of the registration or membership, login and/or password.

The user also agrees to be liable to any person and in particular to the persons represented, in any manner whatsoever, for any content that he or she publishes either on the website or via 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 the decision to activate these links. Consequently, the service provider does not guarantee in any way the accuracy or completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore the responsibility of the user to determine whether it is appropriate to visit these sites.

If the user places a message of any kind whatsoever or any form of information, data and/or opinion on the website, the user undertakes to use only 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 whatsoever. In this respect, the user expressly guarantees the service provider against any complaint or action brought by third parties based on the content placed on the website by the user.

 

Responsibility of the service provider

The service provider is bound by an obligation of means. Under no circumstances will the service provider be held responsible for any direct or indirect damage that the user may incur when using the website, the sites linked to it and/or the content made available.

The Provider makes every effort to ensure that the data and documents that form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be ruled out and the provider therefore gives no guarantee in this respect.

Similarly, the service provider is only liable for its own wilful misconduct or gross negligence. He is not liable for the wilful misconduct or gross negligence of his agents and, as a general rule, of his vicarious agents.

The service provider makes every effort 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 resulting from any modification, suspension or interruption of access to the website for any reason whatsoever.

Nor is the service provider responsible for contacts and relationships between users of the website.

Furthermore, the service provider does not guarantee the compatibility of the files that are part of or appear on the website with the user's equipment, or the accessibility of these elements.

The user shall also indemnify the service provider against any claim in any of the following cases:

• Loss of opportunity or revenue of any kind whatsoever due to the operation or non-operation or use or lack of use of the website or the content contained therein or to be contained therein.
• Illegal or unauthorised intrusion by any third party into the provider's web server or website.
• Introduction of a computer virus into the web server or website.
• Temporary bandwidth congestion.
• Interruption of the Internet connection service for reasons beyond the control of the service provider.

 

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 service provider cannot be held responsible for any damage caused by the use of the website or the internet as a result of the aforementioned risks.
• The fact that electronic communications exchanged and backups carried out by the service provider may be used as evidence.

 

Although the service provider makes every effort to keep the website free of bugs, viruses, Trojan horses, etc., these cannot be ruled out. The service provider can in no way be held responsible for any resulting damage and/or loss, particularly with regard to user data. Users are therefore strongly advised to install anti-virus software, etc. in order to prevent any damage to their computers and to exercise caution when communicating personal data.

With regard to messages from third parties, the service provider cannot in any way be held responsible for any prejudice arising from them, nor for any errors in their content. All texts, data, photos, videos, messages or other material placed in these messages are the sole responsibility of the person who posted them.

 

 

Miscellaneous provisions

Force majeure

The service provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or unforeseen circumstances.

 

Applicable law and competent courts

This agreement is governed by Belgian law.

In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.

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

Once the mediator has been appointed, the parties, with the help of the mediator, define how the mediation is to be organised and the duration of the process.

Either party may terminate the mediation at any time without prejudice.

If mediation fails, only the courts of the judicial district of Hainaut shall have jurisdiction.