GENERAL TERMS AND CONDITIONS OF USE APPLICABLE TO THE SITE WWW.COLORAME.COM

 

1. PREAMBLE

 

These general terms and conditions of use together with the Privacy Policy form the entire contractual Agreement applicable to any use of the Service provided via this website. This Agreement supersedes and replaces any prior communication or agreement in relation to its subject matter. It is important that you should read, understand and accept each of the terms set out below, as all Services provided via the Site are subject to the terms of this Agreement. If you do not accept the terms set out herein, please leave the Site and refrain from using the Service. This Preamble forms an integral part of the general terms and conditions of use.

 

2. DEFINITIONS AND SCOPE OF THE GENERAL TERMS AND CONDITIONS OF USE

 
2.1 Definitions
 

In this Agreement, each of the following terms shall have the following meaning: Agreement: these general terms and conditions of use as they apply to the Service. Digital Content: any data produced and/or provided in a digital format. Parties: the parties who undertake to comply with the terms of this Agreement, namely the User and the Service Provider. Permanent Format: any instrument enabling consumers or businesses to store information that is personally addressed to them in a permanent manner enabling them to review such information after expiry of a period of time and suitable for the storage of such information, enabling such information to be reproduced losslessly. Service(s): Any Service(s), as described at clause 4 of this Agreement, which the Service Provider may provide to the User via the Site. Service Provider: the legal person that provides the Service, and which has its registered office as specified at clause 3 of this Agreement. Site: the Service Provider’s website, www.colorame.com User: any natural person who accesses and uses the Site, referred to in the preamble to this Agreement as “You.”

 
2.2 Scope

This Agreement sets out the respective obligations of each of the Parties in relation to the use of this website.

 

3. DETAILS OF THE SERVICE PROVIDER

 

Name: LUC’K SPRL Website: www.colorame.com E-mail address: info@colorame.com Geographic address: Rue des Foudriers 2B, 7822 Ghislenghien, Belgium N° BCE/VAT: BE0559830550

 

4. SERVICE DESCRIPTION

 

The website aims to offer information about products sold by Colorame. Digital Content distributed via the Site is provided by the Service Provider.

  

5. CONDITIONS AND MEANS OF ACCESS TO THE SERVICE

 
5.1 Availability

The Service Provider undertakes to use its reasonable endeavors to maintain the availability of the Service seven days per week and 24 hours per day. The Service Provider reserves the option to interrupt, temporarily suspend or modify the availability of the Service at any time, in whole or in part, in order to perform maintenance or updates or for any other reason, including technical reasons, without such interruption, suspension or modification giving rise to any liability or any entitlement to compensation.

 
5.2 User Obligations

By accessing, visiting or making use the Service, the User warrants and represents that he: • Has full legal capacity to enter into the of contractual relationship set out in this Agreement; • Has read and agrees to the terms of this Agreement and the Privacy Policy; • Shall be responsible for any use to which the Service is put by the User or any other person making use of the User’s credentials.

 

6. QUALITY OF DIGITAL CONTENT

The Service Provider’s obligation shall be limited to taking reasonable endeavors and the Service Provider does not warrant any particular outcome of any kind. More generally, the Service Provider does not warrant the la completeness, comprehensiveness, accuracy, legality, reliability or availability of any Digital Content provided via the Services. The Service Provider shall use all reasonable endeavors in order to provide Users with high quality content, but the Service Provider shall not under any circumstances be liable for any consequential loss of any kind arising for reasons including, but not limited to, the use of the Services by the User or as a consequence of any information provided via the Services, whatever their origin. This information is the sole responsibility of the User that provides, configures, changes and manages such information.

 

6.1 Security and Access

The Service Provider undertakes to use its reasonable endeavors to maintain the security and operational integrity of the Service by adopting suitable security measures in view of the nature of the data and the risks inherent in its business. Notwithstanding the foregoing, a number of factors outside the control of the Service Provider may interfere with the proper functioning of the Service. Accordingly, the Service Provider makes no warranty in respect of the availability, functionality, or security of access to the Services and consequently, the Service Provider shall not in any event be held liable for any unavailability of the Service or any loss or damage thereby incurred. The Service Provider shall not in any event be held liable for any loss or damage, whether direct or indirect, nor for any temporary incident that may be suffered by the User’s data or technology when accessing the Service, while logged into his account, or more generally as a result of the transmission of any files or software that make up the Service to the User’s device. In particular, the Service Provider shall not be liable for the transmission of any virus via the Service. The Service Provider shall not be liable for any fraudulent use of its distribution method and expressly disclaims liability in the event of any intrusion into its computer systems and/or any theft of data, on the understanding that the Service Provider implements reasonable steps to prevent such unauthorized intrusions.

 

6.2 Updates

Despite efforts taken in order to ensure the accuracy of information and/or documents on the Service, the Service Provider expressly disclaims all liability of any kind in the event that any information is inaccurate or in the event of any failure to update any information and/or document available via the Service.

6.3 Liability

In the event of any failure to perform any obligation, the Service Provider shall not be held liable if the failure to perform under this Agreement, or any inadequate performance thereunder, is attributable to the User or to any unpredictable, unavoidable action by any third party to the Service, or to any event of force majeure.

 

7. LIABILITY OF THE USER TO THE SERVICE PROVIDER

 
7.1 User Content

By distributing or publishing Digital Content containing (without limitation) photographs, videos, images, comments or reactions within the scope of the Service, in any form or manner whatsoever, each User undertakes to comply with the terms of this Agreement in their entirety together with any provision that has the force of applicable law.

 
7.2 Liability for Content

The User agrees to treat information, images, or other Digital Content generated by, on behalf of, or in connection with the Service Provider as strictly confidential and to refrain from transmitting such Digital Content to any third party.

 
7.3 Information Provided

Information provided by the User shall not: • Be false, inaccurate or misleading (and, to the fullest extent possible, shall be confirmed as accurate); • Be defamatory, illegally threatening or harassing; • Be obscene (including pornographic and pedophilic material), contrary to public policy or morality, offensive, insulting, inappropriate or discriminatory; • Contain any attacks or allegations based on race, faith (or the absence thereof), ethnic origin, sex, or sexual orientation; • Contain any virus, Trojan horse or any other software program that aims to harm, intercept or misappropriate the system or any data or personal information; • Infringe upon the rights of any third party such as intellectual property rights, privacy rights, and data protection rights. Accordingly, the User shall ensure that all content originating with any third party or enabling the identification of any third party shall only be used with the express prior authorization of such third party. In the event that the User makes any content protected by intellectual property rights (including, without limitation, photographs, texts, and drawings) available online, the User undertakes to establish the consent of the respective rights holder in advance. Moreover, when Digital Content containing a photograph representing an identifiable person is made available online, the User undertakes to verify in advance whether such identifiable person has given his consent thereto, including when the User is the creator of such photograph.

 
7.4 Indemnity

The User shall indemnify and hold harmless the Service Provider in respect of any claim brought by any third party, in any form and based on any legal theory, which may be directly or indirectly attributable to any information provided, any other Digital Content distributed, or may otherwise be attributable to any action or inaction by the User in breach of this Agreement. Accordingly, the User shall be liable for all damages and interest for which the Service Provider may be held liable together with all court costs and legal fees payable by the Service Provider. The Service Provider undertakes to notify the User of any such claim as soon as reasonably practicable. The Service Provider reserves the right, at its sole discretion and expense, to assume conduct of the defense and sole control of the process, without thereby releasing the User from his obligations in respect of the payment of compensation. The User shall in no circumstances reach a settlement that may give rise to any liability on the part of the Service Provider or otherwise cause the Service Provider to incur any obligation except with the prior written consent of the Service Provider.

 
7.5 Withdrawal or Modification of Content

The Service Provider reserves the right, at its sole discretion, to withdraw without notice any information provided by any User that it may consider to be harmful, inaccurate, misleading, inadequate or otherwise not in accordance with the terms of this Agreement, the Privacy Policy, or any applicable law.

 

8. INTELLECTUAL PROPERTY

 

The Service Provider grants to the User a free-of-charge, personal, non-exclusive and non-transferable license to access and use the Service in accordance with the terms of this Agreement. The Service (which shall be considered as a single and indivisible unit) and the various aspects incorporated into the Service (including, without limitation, text, photographs, catalogs, layouts, branding, logos, illustrations, specific software, and videos) are protected by intellectual property rights belonging to the Service Provider or its licensors, including other users. Where applicable, such aspects have been made subject to a right to publish, distribute, or otherwise use such intellectual property rights via licenses acquired from third parties. The logo, product names, and pictures, and/or the names of companies referred to in this Service may contain brand names, trade names, or company names of their respective owners. The User expressly undertakes to comply with such third party intellectual property rights. Except to the extent otherwise permitted by law, the User shall (notwithstanding that this list is non-exhaustive) refrain from: changing, copying, distributing, transmitting, broadcasting, publishing, granting a license in, assigning, selling, or copying (whether in whole or in part) all information, software, products or services obtained via the Service, whether temporarily or indefinitely, by any process or procedure, whether known or unknown, on any platform, without the prior written consent of the Service Provider. Breach of this provision may make the infringing party liable for civil and criminal penalty. Hypertext links to the Service are permitted provided that the website redirects to the homepage and does not contain any disparaging or defamatory content in relation to the Service.

 

9. PROCESSING OF PERSONAL DATA

The collection of the User’s personal data by the Service Provider and the subsequent use of such data via the Site is carried out in accordance with the Privacy Policy, which may be accessed via the “Privacy Policy” tab.

   

10. MISCELLANEOUS PROVISIONS

10.1 Severability

If any one of the provisions of this Agreement is or becomes unenforceable for any reason, the Parties agree that the other provisions shall remain in full force and effect.

 
10.2 Contract Changes

The terms of this Agreement may be changed by the Service Provider at any time, without notice, in relation to changes made to the Service, legislative change, or for any other legitimate reason. In the specific case of a requirement to amend the Service in response to legislative change, the Service Provider shall use its best efforts to carry out such changes as quickly as possible. During this period, the User of the Service acknowledges that the Service Provider shall not be held liable for any temporary failure to comply with applicable laws or regulations. The new terms and conditions of use shall be made available online, stating the last date of modification, and shall enter into force in respect of all Users upon expiry of a period of thirty (30) days from being made available online. All Users registered with the Service shall receive a message, notifying them of the change and affording them the option of terminating their registration for the Service in the event that they do not agree with the proposed change. The version of the terms and conditions of use that is binding as between the Parties shall permanently be available via the Service. The User undertakes to keep up to date with modifications by viewing the page of the Service containing the terms of this Agreement.

 
10.3 Force Majeure

Notwithstanding any provision to the contrary, neither Party shall be held liable for any delay in the performance of its obligation resulting from events of force majeure such as strikes, war, earthquakes, natural disasters, or the direct or indirect effects of explosions, fires, heatwaves, floods or any other event of force majeure being external to that Party, unpredictable and irresistible in accordance with the applicable definition of the concept under Belgian law.

 
10.4 Relationship between the Parties

This Agreement shall not in any event give rise to any partnership, joint venture, or any other relationship between the Parties other than as User and Service Provider and neither Party shall be considered to be the agent or employee of the other. In the event of any dispute solely involving Users of the Service or between any User and any third party, the Service Provider shall not be under any obligation to become involved. The User shall hold the Service Provider, its directors, employees and other stakeholders harmless in respect of any claim of any kind relating to any dispute in which the User is involved (including any claim for loss, damage, or interest) whether or not such loss, damage, or interest was known to the Parties at the time of entering into this Agreement.

 
10.5 Notices

Any communications or notices to the User shall be deemed valid if addressed to the e-mail address provided by the User, including where such e-mail address is no longer valid.

 
10.6 Claims

The User may contact the Service Provider in respect of any claim concerning the Site at the following address: info@colorame.com

10.7 Dispute Resolution

Any contractual relationship arising under this Agreement between the Service Provider and the User shall be subject to Belgian law. Any dispute in relation to the validity, interpretation, performance (or failure to perform), suspension or termination of this Agreement shall be governed by Belgian law exclusively and subject to the sole jurisdiction of the Courts of the Tournai District. Version 1.3. dated August 21, 2017.