The purpose of these General Terms and Conditions of Use (hereinafter the "Termsof Use") is to determine the rules of use and navigation on the "www.cigalux.be" website(hereinafter the "Website").They determine the obligations of any user of the Website (the "User") and of CIGALUX, in its capacity as publisher. The Website is published by CIGALUX, a limited liability company with a capital of 3,000 euros, whose registered office is located at Chaussée de Tubize 135 1440 BRAINE LE CHATEAU, registered with the Trade and Companies Register under number 1024.027.713 ("CIGALUX").BEFORE ANY FIRST USE,ANY USER OF THE WEBSITE MUST HAVE READ THE FUNCTIONALITIES OF THE WEBSITE ANDTHE TERMS AND CONDITIONS. ANY USE OF THE WEBSITE IMPLIES ACCEPTANCE OF THET&CS IN FULL, WITHOUT ANY RESERVATION. IF A USER DOES NOT WISH TO ACCEPT THE T&CS, HE/SHE IS ASKED NOT TO USE THE WEBSITE AND TO INTERRUPT HIS/HERBROWSING ON THE WEBSITE WITHOUT DELAY. CIGALUX RESERVES THE RIGHT TO MODIFY THESE T&CS AT ANY TIME AND WITHOUT PRIOR NOTIFICATION. CONSEQUENTLY, THE USER IS ADVISED TO REGULARLY REFER TO THE LATEST VERSION OF THE T&CS AVAILABLE ON THE WEBSITE.
The purpose of the Website is to present the "CIGALUX" brand and to allow contact between customers and/or Users and CIGALUX's teams.
THE ABOVE LIST IS NON-EXHAUSTIVE AND MAY BE MODIFIED AT ANY TIME BY CIGALUX WITHOUT ITS LIABILITY BEING INCURRED.
The Website is accessible 24 hours aday, 7 days a week for all Users, except in the event of force majeure or the occurrence of an event beyond the control of CIGALUX and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Website.
Users are personally responsible forsetting up the means allowing access to the Website. They are responsible forthe telecommunication costs when accessing and using the Website.
CIGALUX reserves the right, without notice or compensation, to temporarily or permanently close the Website or to interrupt access to one or more features of the Website described above inorder to make updates or technical changes. Maintenance work may be carried outon the Website without the User having been previously notified.
More generally, CIGALUX reserves the right to make any changes and improvements to the Website that it deems necessary or useful in the context of the proper functioning of the Website and the functionalities offered. CIGALUX is the sole decision-maker of these developments.
CIGALUX CANNOT BE HELD RESPONSIBLE FOR THE IMPOSSIBILITY OF ACCESSINGTHE WEBSITE FOR ANY REASON WHATSOEVER.
In particular, the User declaresthat he/she accepts the characteristics and limitations of the Internet and the operating systems of the Website, and acknowledges that:
- use of the Website is at"his/her own risk";
- the use of the Website isconditional on the proper functioning of the Internet network; IT BEING SPECIFIED THAT CIGALUX CAN IN NOWAY BE HELD RESPONSIBLE FOR ANY MALFUNCTION OF THE INTERNET NETWORK USED BY THEUSER;
- the Website is accessible "asis" and subject to availability; and
- the protection of their own data istheir responsibility and it is their responsibility to take all appropriatemeasures to preserve them and protect them from any viruses circulating on theWebsite.
The User undertakes to access anduse the Website in accordance with the laws and regulations in force and inaccordance with the provisions of the T&Cs.
In particular, the User undertakesto:
- to comply with all applicable legaland regulatory obligations;
- not to use any process intended tocopy the content of the Website, and not to alter, reproduce, modify or createderivative works from the content of the Website, without the express priorauthorisation of CIGALUX;
- not to reproduce or have reproduced,for commercial or sales purposes, the products brand offered on the Website;
- not to undermine the integrity and/or security of the Website, and in particular to contain viruses or anyother computer program intended to damage the Website;
- not to upload to the Website,transmit or send, by any means whatsoever, through or through the Website, anyillegal, harmful, abusive, threatening or criminal content against anyone; and
- in general, not to use the Websitefor purposes other than those detailed in Article 1 above.
IT IS SPECIFIED THAT CIGALUX IS THE OWNER OF BRAND AND ITS LOGOS.
The User acknowledges CIGALUX's exclusive rights to the trademark and is prohibited from making any use of itand, more generally, from infringing CIGALUX's intellectual property rights.
CIGALUX is the exclusive owner ofall intellectual property rights relating to both the structure and the contentof the Website. The entire Website is protected by French legislation relating to intellectual property. All reproduction and performance rights are therefore reserved to CIGALUX.
Consequently, all texts, graphics,icons, photographs, plans, logos, videos, sounds, trademarks, and more generally all the elements making up the Website may not be the subject of any representation, reproduction, exploitation or extraction, in whole or in part,on any medium whatsoever, without the express prior authorisation of CIGALUX.
THE USER DOES NOT ACQUIRE ANY INTELLECTUAL PROPERTY RIGHTS TO THEWEBSITE, THE CONTENT AND/OR THE PRODUCTS OFFERED OR ANY RIGHTS OTHER THAN THOSE CONFERRED BY THESE T&CS.
THE USER EXPRESSLY UNDERTAKES THAT THE USE OF THE WEBSITE DOES NOT INANY WAY INFRINGE THE RIGHTS OF CIGALUX, AND IN PARTICULAR THAT SUCH USE DOESNOT CONSTITUTE AN INFRINGEMENT OR UNFAIR OR PARASITIC COMPETITION OF THEINFORMATION AND CONTENT OF THE WEBSITE, AND THE PRODUCTS OFFERED ON THEWEBSITE.
CIGALUX RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST ANY PERSON WHOHAS NOT COMPLIED WITH THIS OBLIGATION.
In accordance with the applicableregulations on the protection of personal data, CIGALUX processes personal datathat is necessary for the conduct of its business, in particular through theWebsite.
CIGALUX, in its capacity as datacontroller within the meaning of the applicable regulations, undertakes toprocess the personal data collected in accordance with the applicable regulations.
CIGALUX's policy on the protection of personal data is available on the Website.
THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CIGALUX CANNOT THEREFORE BE HELD LIABLE IN THE EVENT OF UNAVAILABILITYAND/OR MALFUNCTION OF THE WEBSITE.
BY USING THE WEBSITE, THE USER ASSUMES ALL NEGATIVE CONSEQUENCES THAT THE WEBSITE MAY CAUSE. AS SUCH, IT IS THE RESPONSIBILITY OF ALL USERS TO TAKE ALL APPROPRIATE MEASURES TO PROTECT THEIR OWN DATA AND/OR SOFTWARE STORED ONTHEIR COMPUTER EQUIPMENT AGAINST ANY ATTACK. CIGALUX CANNOT BE HELD LIABLE INTHE EVENT OF DAMAGE OF ANY KIND CAUSED TO USERS' DATA OR COMPUTER EQUIPMENT.
IN ADDITION, CIGALUX CANNOT BE HELD LIABLE IN THE EVENT OF THE PRESENCE OF VIRUSES ON THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT CIGALUX IS FOUND LIABLE FOR ANY DAMAGES NOT PROVIDED FOR ABOVE, CIGALUX'SLIABILITY SHALL BE LIMITED TO DIRECT, CERTAIN, ACTUAL AND ESTABLISHED DAMAGES.CONSEQUENTLY, CIGALUX WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INDIRECTDAMAGE OR DAMAGE ARISING FROM THE LOSS OF DATA CAUSED BY THE USE OR INABILITYTO USE THE WEBSITE.
CIGALUX MAY TEMPORARILY OR PERMANENTLY INTERRUPT ACCESS TO THE WEBSITEAND ANY RELATED SERVICES, IN PARTICULAR IN THE EVENT OF ITS CESSATION OF THEACTIVITY IN QUESTION, OR IN THE EVENT OF JUDICIAL OR AMICABLE LIQUIDATION OFTHE COMPANY; IN THE LATTER CASES, THESE T&CS WOULD BE TERMINATED BYOPERATION OF LAW.
These T&Cs are subject to Belgian law. This is the case for substantive and formal rules, not with standing the places of performance of substantive or ancillary obligations.
Any dispute or dispute relating tothe execution or interpretation of these T&Cs that cannot be settledamicably between CIGALUX and the User concerned will be submitted to thecompetent courts within the jurisdiction of the Brussels Commercial Court.
PUBLISHER:
CIGALUX SAS
Simplified joint-stock company with a capitalof 3,000 euros
Registered office: Chaussée deTubize 135 1440 BRAINE LE CHATEAU BELGIUM
RCS 1024.027.713
Contact Information:
contact@cigalux.be
HOST:
OVH
Registered office: 2 rue Kellermann- 59100 Roubaix - France
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