This Website accessible at https://www.herbosch-kiere.com (hereinafter the “Website”) is published and managed by Herbosch-Kiere NV, Sint-Jansweg 7, 9130 Kallo, BE 0404 637 280 (hereinafter “HERBOSCH-KIERE“).
By using the Website, you agree to be bound by these Terms and Conditions of Use (hereinafter the “TCU”). In accessing the site by any means whatsoever (PC, smartphone, tablet, etc.) the User acknowledges having read these Terms and Conditions of Use and agrees to abide by them.
The terms hereafter are to be understood strictly according to the meaning provided by the following definitions, whether used in the singular or plural:
- “Personal Data” is defined by article 2 of the Data Processing, Data Files and Individual Liberties Law as “any information pertaining to an identified physical person, or to any physical person directly or indirectly identifiable by reference to that person’s identification number or to one or more distinguishing elements”. Personal Data includes any data allowing the identification of website Users.
- « User »: means any person accessing the Website (e.g. visitors) whose Personal Data may be collected during their visit to the Website.
- “Device” means any electronic device on which the Website may be accessed. Devices include smartphones, tablets, micro-computers via internet (PC or Apple Mac®) and any object connected or able to connect to another object and to the Internet.
The purpose of these TCU is to establish the conditions of access, availability and use of the Website, its content and functionalities for Users.
Users who do not agree to be bound by these TCU should not access or use the Website.
These TCU form a legally binding contract enforceable against Users who access, browse and use the Website in any way whatsoever.
3. Personal data
HERBOSCH-KIERE collects Personal Data concerning Users while they are browsing the Website.
Personal Data is collected, processed, saved and stored in compliance with the applicable legal provisions and notably the amended Data Processing, Data Files and Individual Liberties Law no. 2004-801 of 6 August 2004, amending Law no. 78-17 of 6 January 1978 relating to information technology, data and civil liberties.
4. Intellectual property
HERBOSCH-KIERE is the owner of the domain name https://www.herbosch-kiere.com.
This Website is an intellectual work: the Website and each of the elements comprising it (animated and static images, illustrations, photographs, sound, know-how, texts, graphics etc.) including software and databases (hereinafter the “Content“) are protected under intellectual property law, and particularly in terms of copyrights, drawings and designs, as well as trademark rights.
Thus, unless otherwise specified, the intellectual property rights over the Content are the property of HERBOSCH-KIERE, other companies in the group to which HERBOSCH-KIERE belongs, third parties or partners having extended rights of use to HERBOSCH-KIERE grants no licence or sub-licence for all or part of the Content nor any right other than that of using the Website under these TGU.
The User acknowledges these rights and agrees to abide by them. Any use, modification, reproduction, extraction, representation or translation of the Content, whether in full or partially, in any form whatsoever, is strictly prohibited without the prior express written consent of HERBOSCH-KIERE or the owner of the protected mark or sign. Likewise, any unauthorized reproduction of the literary, musical, audiovisual and photographic works and more generally, of any work protected by intellectual property law, accessible via the Website, is prohibited under penalty of administrative or penal sanctions in compliance with Article L 122-4 of the Intellectual Property Code, unless this reproduction is exclusively reserved for personal and private use.
HERBOSCH-KIERE and any other holder of these rights may take action, including legal action, at any time against any breach of their intellectual property rights and reserve the right to claim damages if these rights are breached.
5. Hypertext links
The creation of hyperlinks, framing of the Website and more generally, any use of a Website component are subject to HERBOSCH-KIERE’s prior written authorization and may be revoked at any moment at its sole discretion.
Other sites which have a hyperlink to the Website may not all be under the control of HERBOSCH-KIERE. Consequently, HERBOSCH-KIERE declines all responsibility (particularly editorial) for these sites.
Cookies are data files stored in the User’s Device equipment. They are used by the Website to send information to its browser and enable the browser to send back information to the Site. HERBOSCH-KIERE sets cookies on your Device when you browse the Website.
Users hold access, correction and objection rights over their Personal Data collected by means of Cookies.
Browser settings inform Users that cookies are being used, so that they may decline them.
However, certain Website functionalities cannot be used if blocked by Users who use technical means to decline the setting of cookies.
7. RSS web FEEDS
HERBOSCH-KIERE encourages Users to subscribe to RSS web feeds which allow them to access updates to online content. The web feeds update automatically or with a manual data refresh in Users’ browsers or email programmes, according to the subscription options chosen.
These RSS data flows do not allow HERBOSCH-KIERE to obtain information about Users. For technical reasons, the only information held by HERBOSCH-KIERE concerns the number of Users registered with its RSS web feeds.
Use of this Website is subject to the TCU in force at the moment of use.
HERBOSCH-KIERE reserves the right to change and update the TCU without notice. Users are advised to read these TCU regularly in order to be informed of any changes.
9. User behaviour
Users agree to abide by these TCU and in particular, to behave in compliance with all the provisions of this paragraph, and not to
- use a false identity with the intent to deceive others and provide HERBOSCH-KIERE with false, stolen or incorrect contact details.
- harm others via the Website
- set up a hyperlink to the Website without the prior written authorization of HERBOSCH-KIERE
- damage the reputation of HERBOSCH-KIERE or other Users via the Website
- distribute libellous, abusive, obscene, offensive or violent content, or content which incites violence or is political, racist or xenophobic, or is generally contrary to the laws and regulations in force or to public decency
- try to probe or test the Website’s vulnerability or breach security and authentication measures without authorization
- disturb or interrupt the Website or the servers and networks connected to the Website, or breach the requirements, procedures, rules and regulations of networks connected to the Website.
- try to interfere with, or interfere with, the use of services provided by the Website.
- disclose useless or sensitive personal, professional or confidential data or data provided by a third party.
- process Personal Data obtained from, via, or with the help of, the Website. In particular, Users are asked to abstain from any data collection, fraudulent use or act that could harm the private lives or reputations of other Users or any other natural or legal person.
Users must abide by the rules concerning intellectual property associated with Website content, involving the intellectual property rights of both HERBOSCH-KIERE and third parties.
At any moment and for any reason, HERBOSCH-KIERE may by any means and without notice terminate the User’s use of the Website or all or part of the services provided by the Website for behaviour in breach of these TCU, without prejudice to any compensation claims that HERBOSCH-KIERE reserves the right to make against the User in the event of non-compliance with these TCU.
Users use the Website at their own risk and agree to exercise their own responsibility when using it. The User must take the necessary precautions to guard against the hazards of Internet and in particular, protect all personal data and/or software from contamination by viruses which might affect their computers or hardware. Users have sole responsibility for access to Internet and the Website.
HERBOSCH-KIERE has used all reasonable care and skill to provide reliable, high-quality content on this Website, which is updated at regular intervals. However, HERBOSCH-KIERE cannot guarantee that all the information is accurate or complete. Moreover, HERBOSCH-KIERE reserves the right to change or update the content of its Website at any time and without notice.
HERBOSCH-KIERE chooses the links to other sites displayed on the Website with great care, but declines all responsibility for the content, legality, accuracy or functioning of these sites, and cannot be held liable for the use that might be made of these sites by Users.
HERBOSCH-KIERE declines any liability for errors, omissions or the unavailability of information and services. HERBOSCH-KIERE is bound only by a best endeavours obligation concerning the information it makes available to visitors to its Website. Consequently, Users acknowledge that any reliance they place on such information is strictly at their own risk and they are entirely responsible for the consequences of its use or misuse.
More generally, HERBOSCH-KIERE declines all liability for any direct or indirect damage resulting from access to and use of data contained on this Website, whatever its causes, origins, nature or consequences.
HERBOSCH-KIERE cannot accept liability for any direct or indirect damage resulting from access to its Website, from any interruption or termination of the Website and its services, incidence of bugs or any damage resulting from the fraudulent intrusion of a third party on the Website.
11. Site access
In the event of force majeure, information system or technical difficulties, difficulties linked to the telecoms network structure or for maintenance reasons (non-exhaustive list), access to all or part of the Website may be suspended or terminated by simple decision of HERBOSCH-KIERE.
If any one of the clauses of these TCU should become void following a change in legislation or a court decision, this will not affect the validity of, or compliance with, the other TCU clauses.
13. Applicable Law and Jurisdiction
These TCU are subject to Belgian Law.
IN THE EVENT OF A DISPUTE REGARDING THE VALIDITY, EXECUTION INTERPRETATION OR BREACH OF THE TCU AGREED BETWEEN EIFFAGE BENELUX AND THE USER, EVEN IN CASES OF MULTIPLE DEFENDANTS, FAILING AMICABLE AGREEMENT EXPRESS JURISDICTION IS GRANTED TO THE LAW COURTS OF BRUSSELS NOTWITHSTANDING MULTIPLE DEFENDANTS OR A THIRD-PARTY CLAIM, EVEN FOR EMERGENCY OR PROTECTIVE MEASURES IN A SUMMARY PROCEDURE OR PETITION.