Terms & Conditions
These general terms and conditions of use contain legal information relating to the visit and use of the website referred to in Article 1 of these general terms and conditions of use, a statement on intellectual property rights and a reference to the privacy regulations.
Users are invited to read these general terms and conditions carefully before accessing and visiting the website referred to below. Continuing to visit the site or using it in any way implies the express acceptance of these general terms and conditions of use.
1. Definitions and scope of application
The purpose of these general terms and conditions of use is to provide a legal framework, by defining the rights and obligations of the parties, the terms and conditions of use of the website as well as the terms and conditions of provision, by the Service Provider, of the services contained in this site. The Service Provider is OPTIMIZE FOR HAPPINESS with registered office at 1040 ETTERBEEK, d'Oultremontstraat 7, and registered in the KBO under number BE0727496238 (hereinafter: "OPTIMIZE FOR HAPPINESS").
Article 1 - Scope of application
The term "User" refers to any user, i.e. any individual or legal entity that consults the Service Provider's website, downloads files, uses them, registers via any form available on OPTIMIZE FOR HAPPINESS, subscribes, contacts or contracts with the Service Provider.
The Service Provider and the User are hereinafter referred to as the "Parties" (or individually as a "Party").
The "Site" or "OPTIMIZE FOR HAPPINESS" refers to the web pages located at www.optimize-happiness.com.
The Service Provider reserves the right to modify these general terms and conditions of use at any time, without prior notice. These modifications will apply immediately to any use and/or consultation of the site.
The additional rules and guidelines, in particular the privacy protection charter, shall be deemed to form an integral part of these general terms and conditions. The User is therefore advised to regularly refer to the latest version of these terms and conditions, which is permanently available on the site.
2. Use of the site and its content
The User accepts, when visiting the site, that his use is at his own risk. All information contained on the site is available "as is", the Service Provider does not provide any guarantee whatsoever on the reality or timeliness of such information. The Service Provider uses reasonable efforts to provide accurate and up-to-date information on the Site, but does not warrant such information.
The Service Provider cannot be held responsible for any disadvantage incurred by the Use of any inaccurate, missing or inaccurate or unclear information on the Site.
In the context of the User's access to the Site or its content, the User expressly refrains, in any manner whatsoever and regardless of the technical means used, from :
(a) attempt to gain access to parts of the site that are not placed publicly online,
(b) take any action which, at any time, could compromise the proper functioning of the site in any way whatsoever;
c) use any (automatic) system whatsoever, such as, but not limited to, "robots", "spiders", "offline readers", etc., with the aim of creating : (1) denial of service attacks (including, but not limited to, network DoS, application Dos, network DDoS, including DrDOS, or application DDoS); (2) messages that influence questions and requests, responses and entries to contests, voting, or any interaction with another user of the site, even when the User reacts to a request made on the site;
(d) post, upload, send, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
e) consult, display, download, send, transmit any content that would be contrary to international, European and national laws in force;
f) attempt to mislead other users by usurping the name or corporate name of others;
g) upload, post, send, e-mail or otherwise transmit any content that violates any patent, trademark, trade secret, intellectual property right or any other property right belonging to others;
h) 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, including, but not limited to, any computer virus 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;
(i) commit any action that has a disruptive effect on the ability of other users to access the Site;
j) refuse to comply with the requirements, procedures, general rules or regulations applicable to the networks connected to the site;
The User - who remains free to accept or refuse the voluntary communication of information to the Service Provider -, by accessing the Site, may be invited to communicate information to the Service Provider. By doing so and by simply communicating information, the User consents to the downloading of information or the collection of data concerning him/her as a result of using the Site. This use is at the User's own risk and under his own responsibility.
If the User does not consent to the downloading and processing of personal data within the meaning of Article 4, 1), of European Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the User may communicate all useful information by any other means, in particular by written correspondence.
As part of the relationship between the Service Provider and the User, 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. The User acknowledges that by entering all the requested information of a personal nature within the meaning of European Regulation No. 2016/679, the User agrees to the processing and use of his/her data for the purpose of drawing up quotes and various offers, including promotional offers, the issuing of invoices by the Service Provider, the sending of newsletters, the sending of informative documents and white papers.
3. Intellectual and industrial property
The concept, content, layout, structure, source codes, programming, images, photos, information, information elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, database, music and all other elements of the site and, in general, the content and structure of the site, belong, 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 browsing the site, consulting it or using the content of the site, in any way whatsoever, the User does not in any case become the holder of any of the rights referred to above or assimilated rights.
The Service Provider guarantees that the elements present on the site and made available to the User by the Service Provider alone respect the rights of third parties, and in general are not illegal.
The storage of any information and/or elements of the site in an (electronic) database is not permitted, with the exception of the automatic capture of information by the browser.
By placing certain data or texts on the Site, the User automatically and free of charge gives the Service Provider exclusive permission to reproduce these elements, to communicate them and/or to use them otherwise, both on the Site and on one or more of the Service Provider's other electronic platforms.
4. Responsibility of the User
Access to and use of the site, as well as the downloading of files, of any nature whatsoever and with any technical means whatsoever, is always carried out under the sole responsibility of the User, including vis-à-vis third parties.
The User is solely responsible for any damage caused to his or her computer or for the possible loss of data following navigation on the site.
The User undertakes to use the site in a reasonable, lawful manner and in accordance with these general conditions of use. The User also agrees not to use the Site in any way that could be detrimental to the Service Provider or a third party.
The Service Provider tries, as far as possible, to make the Site available and accessible in an uninterrupted manner. It also tries to limit the inconvenience caused by possible technical errors. However, the Service Provider cannot be held responsible for any consequences resulting from poor technical or unauthorised interventions that may infect the site, in particular viruses.
6. Miscellaneous provisions
The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these General Terms and Conditions of Use, nor the remainder of that article, paragraph or provision, unless there is a clear intention to the contrary in the text.
The headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.
6.3. Applicable law and jurisdiction
Any dispute relating to the services provided by the Service Provider, as well as any dispute as to the validity, interpretation or execution of these general terms and conditions will be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of the Service Provider's registered office.