CGU
General Conditions of Use of the HEsynergies website
By using this website ("Site"), you acknowledge and agree to be bound by the following terms of use and any guidelines, policies or instructions referenced herein (the "Terms of Use"). If you are accepting the Terms of Use on behalf of a business, organization, government or other legal entity, you represent and warrant that you are authorized to do so on behalf of such entity. If you do not agree to these terms of use, please do not use this website.
Please read the terms of use carefully and consult them regularly. The terms of use may have changed since your last visit to the site. Any such changes will be binding on you as of the revised effective date. You may not amend or modify the terms of use in any way. Your continued use of the site following the posting of changes will be deemed your acceptance of those changes. If you do not agree to the terms of use, please do not use this website.
This site is owned by Reno-Batiments SRl under company number BE0734535666 HEsynergies ("HEsynergies", "we", "us" or "our"). HEsynergies reserves the right to withdraw or modify the Site and all services and content (defined below) offered on the Site. HEsynergies shall not be held liable if, for any reason, part or all of the website is inaccessible at any time for any reason whatsoever. HEsynergies may terminate, suspend or interrupt any element of the site at any time without notice or liability.
Some parts of the site may require you to register, create an account or provide information, including personal information, in order to use certain features or access certain content. The decision to provide information is entirely voluntary and optional; however, if you choose not to provide certain information, you may not be able to access certain content or use certain features of the site. If you are under 18, you may not register or create an account. You represent and warrant that all data and information provided is accurate and true in all respects.
If you create an account on the Site, you agree to be responsible for: maintaining the confidentiality of any passwords or other account identifiers you choose and all activities that occur under such password or account identifiers. You also agree to notify HEsynergies of any loss of your password or account identification and any unauthorized use of your password or account identification. We will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use. If you provide us with your e-mail address when creating an account, registering or otherwise, you agree to receive communications from us electronically.
As between you and HEsynergies, the Site, including, but not limited to, all trademarks, trade names, logos and images, service marks, trade dress and other intellectual property rights therein, and all information, documents, software or HTML code, scripts, text, artwork, photos, images, video and sound, and the design, selection and arrangement thereof and all intellectual property associated therewith, displayed or contained on the Site (the "Content"), are the exclusive property of HEsynergies and are protected by international copyright, trademark, patent and other intellectual property or proprietary rights laws and unfair competition laws. All content is provided as a service to site users. Subject to the limited license set forth below, nothing contained in the Terms of Use shall be construed as conferring any right, ownership or interest in the Site or the Content.
Upon your acceptance of the Terms of Use, HEsynergies grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Site and the Content for your personal, non-commercial use only. This right is subject to the following restrictions: you may not reproduce, publish, distribute, perform, display, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Content without the prior written permission of HEsynergies; you may not permit the Content to be duplicated; you may not remove or alter any copyright, trademark or other proprietary rights notices on copies of Content from the Site; and you may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use or any applicable laws or regulations. HEsynergies may revoke this limited right at any time for any reason or no reason. All rights not expressly granted herein are reserved to HEsynergies.
By using the site, you agree not to: slander, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, but not limited to, the rights of privacy or publicity of others; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or use any fraudulent, misleading or inaccurate e-mail address or other contact information; restrict or inhibit any other user from using the Site, including but not limited to "hacking" or tampering with any part of the Site; state or imply that any statement you make is endorsed by us, without our prior written consent; upload to, transmit through or post on the Site any unsolicited advertising, solicitations, chain letters, pyramid schemes, investment opportunities or other commercial communications (except as expressly authorized by us); spam or flood; transmit any software or other material that contains viruses, worms, Trojan horses, defects, time bombs or anything else of a destructive nature; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; remove any copyright, trademark or other proprietary rights notices contained or displayed in any portion of the Site; "frame" or "mirror" any portion of the Site, or link to any page or document on the Site other than the URL located at www.HEsynergies.com or the URLs we provide to you for such purposes within the Site, without our prior written consent; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or otherwise reproduce or circumvent the navigational structure or presentation of the Site; or harvest or collect information about users of the Site without their express consent.
If you post or upload to the Site, or otherwise submit to us in connection with your use of the Site, any materials, including but not limited to photographs and other images, text, graphics, sounds, data, links and other materials (collectively, "Submissions"), you hereby grant to us, and those designated by us, a worldwide, non-exclusive, sub-licensable (through multiple third parties), assignable, royalty-free, fully paid, perpetual and irrevocable right to use, reproduce, distribute (through multiple third parties), create derivative works from, publicly display and publicly perform such Submissions. except for the foregoing license, we do not claim ownership of any copyright in your submissions. you represent, warrant and covenant that you own or otherwise have all necessary rights in and to your submissions, and that your submissions will not infringe, violate, adversely affect, misappropriate, misuse or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable.
You acknowledge and agree that none of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and that we will not be liable for any use or disclosure of the Submissions. you acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: monitor or screen any Submission (including, but not limited to, blocking or replacing profanity or any other words that may be deemed hurtful or offensive); edit, delete or refuse to send, transmit or otherwise use any Submission (including, but not limited to, suspending the processing and shipment of any order relating to a Submission) ; or disclose any Submission, and the circumstances surrounding its transmission or use, to any third party for the purposes of operating the Site, protecting our affiliates, distributors, partners, licensees, advertisers, sponsors and users, complying with legal obligations or government requests, enforcing these Terms, or for any other reason or purpose. You acknowledge and agree that sending any Submission is at your sole risk, and that HEsynergies is not responsible for the loss of any Submission, any breach of confidentiality or privacy in connection therewith, or any other loss or liability relating to such Submission in any way.
You may be directed to third-party websites or resources from the Site ("Partner Sites"). These partner sites are provided solely as a convenience to our visitors and in no way constitute an endorsement of the information, products or services accessible through these sites. These partner sites are not under our control and we are not responsible for their content, accuracy or evaluation, nor do we warrant or assume any responsibility for these sites or any materials, products or services offered through them. You should carefully read the privacy notices and other terms of use of these partner sites.
The Site and all content and functionality provided or made available to you through the Site are provided on an "as is" and "as available" basis. hesynergies does not warrant that the content of the Site is accurate, complete, reliable, current or error-free. neither hesynergies nor its third-party suppliers make any representations or warranties of any kind, express or implied, as to the operation or availability of the Site or the content, or functionality available through the Site or made available to you. The content of the site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. You expressly agree that your use of (or inability to use) the site or submission of information is at your sole risk.
to the fullest extent permissible pursuant to applicable law, hesynergies disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. hesynergies does not represent or warrant that the site will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions, and disclaims all liability with respect thereto. in no event shall the hesynergies indemnitees (defined below) be liable, and you hereby waive any and all claims against the hesynergies indemnitees, and you release the hesynergies indemnitees from any and all liability for any loss or damage whatsoever resulting from your use of the site, any content or functionality on the site or otherwise made available to you through the site, any communication you send or receive, or any delay or inability to use the site ; including any direct, indirect, incidental, punitive, exemplary or consequential damages, whether based on contract, statute, tort (including negligence or strict liability), or otherwise, even if hesynergies has been advised of the possibility of such damages. at hesynergies' discretion, hesynergies may pursue all remedies available at law or in equity, including injunctive relief in the form of specific performance to enforce the terms of use or legal action for damages. You agree and are informed that HEsynergies offers dietary supplements and not medicines, that you are required to consult a general practitioner or medical specialist before using HEsynergies products. If you fail to do so, you assume full responsibility for the use of the products offered.
Your sole and exclusive remedy for any of the foregoing claims or any dispute with hesynergies related in any way to your use of the Site is to discontinue using the Site. You and hesynergies agree that any cause of action arising out of or related to the Site must be commenced within one week after the cause of action arises unless the cause of action is finally waived.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have other rights.
You will indemnify hesynergies and its affiliates, and their respective directors, officers, employees, agents, representatives, licensees and third-party suppliers (collectively, the "hesynergies Indemnitees"), upon demand, for any fines, penalties, liabilities, losses or other damages of any kind (including attorneys' and experts' fees), suffered by any of the Indemnitees, and you agree to defend the hesynergies Indemnitees against all claims arising out of or relating to your use of the Site, including that your Submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of the Site or these Terms of Use, or their use by any hesynergies Indemnitee, infringe, misappropriate or otherwise violate any trademark, trade secret, patent, copyright or other intellectual property or proprietary right of any third party; all claims arising out of fraud committed by you, or willful misconduct or gross negligence on your part; and any claim arising out of a breach by you of any provision of these terms and conditions or a breach of such provision. this indemnity clause does not apply to intentional or reckless acts, or gross negligence on the part of hesynergies indemnitees.
We reserve the right to assume the exclusive defense and control of any matter relevant to this section and, in such event, you agree to pay all costs and expenses related to or resulting from such defense, and to cooperate with us in the defense, at your sole cost and expense.
These Terms of Use shall be governed by and construed in accordance with international law, without giving effect to any conflict of laws provisions or rules that would cause the application of the laws of any other jurisdiction. You hereby irrevocably consent and submit to the jurisdiction and venue of the courts located in belgium for the resolution of any dispute arising out of or relating to these terms, and waive any objection based on inconvenient venue or forum. These conditions do not apply to commercial transactions or practices. We recognize that you may access the Site from anywhere in the world, but we have no practical ability to prevent such access. The site has been designed to comply with international laws. If any content or your use of the site violates the laws of the place where you are when you access it, that content is not intended for you, and we ask you not to use it. You are responsible for knowing and complying with international laws.
Hesynergies is committed to protecting copyright and expects users of the site to do the same. The Digital Millennium Copyright Act 1998 (the "DMCA") provides a remedy to copyright owners who believe that content appearing on the Internet infringes their rights under copyright law. If you believe in good faith that material used or posted on or through the Site infringes your copyright, you (or your representative) may send a notice to our copyright agent designated below requesting that the material be removed or access to it blocked. This notice must include in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right;
- identification of the location of the original or an authorized copy of the protected work, for example the url of the site where it is posted or the name of the book in which it was published;
- identification of the allegedly infringing content and a description of the infringing activity, as well as information reasonably sufficient for hesynergies to locate the material;
- sufficient information for hesynergies to contact you, such as an address, telephone number and, if applicable, an e-mail address;
- a statement by you that you have a good faith belief that use of the content as described is not authorized by the copyright owner, its agent or the law.
A statement that the information in your notice is accurate, under penalty of perjury, that you are the owner or that you are acting on the owner's behalf with respect to an allegedly infringed right. Our agent in charge of notifications of copyright infringement can be contacted at the following address [email protected] . . You acknowledge that if you do not comply with all of the above requirements, your notice may not be considered valid.
This site may contain sweepstakes, contests or other promotional offers that require you to submit materials or information about yourself. Please note that these sweepstakes, contests or promotions may be, and often are, governed by a specific set of rules, which, in addition to describing the offer, may include eligibility requirements such as age or geographic restrictions, general conditions regarding the use of materials you submit, and disclosures about how your personal information may be used. It is your responsibility to read these rules carefully to determine whether or not you wish to participate and enter, and whether you are eligible. By participating in these sweepstakes, contests or other promotions, you agree to abide by these rules and the decisions of the organizer(s), which shall be final and binding in all respects.
The Terms of Use govern your use of the Site, including the submission of all data, information and other materials (whether tangible or intangible, including orders, payments and personal information) through the Site. If you have a Professional, Wellness Promoter or Wholesale Customer account, these Terms do not replace, amend or modify your Professional, Wellness Promoter or Wholesale Customer account agreement. The Terms of Use constitute the entire agreement between you and hesynergies with respect to your use of the Site and all matters discussed herein, and supersede all prior written or oral agreements between you and hesynergies. No terms endorsed, delivered with or incorporated into any of the foregoing shall form a part of these Terms of Use.
Without limiting the scope of these Terms of Use, your use of the Site is also subject to our Privacy Notice. Please read it carefully. By using the site or providing us with personal information, you confirm that you have read, understood and agree to our Privacy Notice.
The failure of hesynergies to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision or any other provision. No waiver shall be valid unless in writing and signed by an authorized representative of hesynergies, and any such waiver shall be limited to the specific instance involved. If any provision hereof is held to be invalid, illegal or unenforceable for any reason, the remainder of the Terms shall continue in full force and effect, and such invalid provision, to the maximum extent permitted by law, shall be construed in accordance with the original intent of the parties; if this is not possible, it shall be deemed severable herefrom. Section titles are provided for reference purposes only and are not intended to limit or define the scope of each section. In the context hereof, the expression "including" or similar terms means "including, but not limited to".
We welcome your comments on the site. However, any ideas, remarks, messages, suggestions or other communications you send to hesynergies remain the exclusive property of hesynergies, and we may use them in any way and at any time without compensation to you.
if you have any questions or complaints regarding these terms of use, please send an e-mail to [email protected].
