Date of creation: 17/04/2023.
Date of last modification: 23/11/2023.
1. INFORMATION ABOUT DREAMWALL
1.1 The website https://fr.dreamwall.be;(hereinafter, the "Website") is managed and operated under the responsibility of:
DREAMWALL SA (hereinafter, "DREAMWALL"),
Rue Destrée 52
1.2 The Website offers its visitors an overview of the services offered by DREAMWALL as well as some of the projects carried out.
1.3 Any question or complaint relating to the Website or to these general terms and conditions of use (hereinafter, the "T&C") may be addressed to DREAMWALL at the address mentioned above.
2.1 Access to the Website is subject to these T&C and to the applicable laws and regulations. Consequently, access to the Website implies full and unreserved acceptance by the user (hereinafter, "the User") of these T&C.
2.2 The present T&C exclusively govern the relationship between the User and DREAMWALL regarding the use of the Website. They can be consulted at any time on the Website.
3. ACCESSIBILITY AND FUNCTIONING OF THE SITE
3.1 DREAMWALL will ensure, as far as possible, that the Website is up to date and remains accessible to a normal number of Users. However, DREAMWALL does not guarantee that the various functions of the Website will be available without interruption or without error, that defects will be corrected immediately or that the server that makes it available is free of viruses or other harmful components.
3.2 DREAMWALL cannot be held responsible for any loss and/or damage of any kind that may result from the suspension, interruption, (technical) disruption, slowing down, difficult accessibility and/or cessation of accessibility to all or part of the Website or from viruses or other harmful elements on the Website.
3.3 If the User notices the presence of an error, a virus or other harmful elements on the Website, he/she is invited to communicate it to DREAMWALL at the following address firstname.lastname@example.org so that the necessary measures can be taken. In any case, DREAMWALL advises the User to install firewalls, anti-virus and other necessary protection software on his/her computer in order to prevent possible damage to it.
3.4 DREAMWALL retains the right to suspend or discontinue all or part of the Website, at any time, without justification and without prior notice.
4. USE OF THE SITE
4.1 The User undertakes to use the Website in accordance with its purpose only, to the exclusion of any other purpose.
4.2 The User is responsible for ensuring that all information provided is accurate and up to date.
4.3 The User undertakes to use the Website in good faith and to comply with the legislation in force, and in particular to refrain from :
- sending to DREAMWALL any content or communications that are false or misleading, (and to update such content as necessary to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, unlawful, deceptive, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringing of any intellectual property right or any other right, or which encourages or participates in any of the foregoing;
- providing email addresses or other content to DREAMWALL without the prior consent of the individuals concerned;
- sending to DREAMWALL content that violates the rights of a third party or harms them in any way (intellectual property rights, privacy, business secrets, etc.);
- sending content to DREAMWALL that directs to illegal websites or contains inappropriate content;
- using the Website to send junk mail, unsolicited mail, pyramid schemes or similar or fraudulent schemes;
- circumventing technical protection devices for documents and multimedia elements;
- taking any action that may have the effect of disrupting the proper functioning of the Website, including the use of computer worms, viruses or the sending of mass mailings;
- attempting to violate unauthorized access to any portion of the Website or equipment used in the operation of the Website;
- using a false name, a pseudonym, or impersonate another person or entity;
- using the Website for purposes other than those set out in the T&C.
4.4 DREAMWALL shall not be held responsible in the event of non-compliance by the User with the T&C and/or applicable laws or regulations. The User guarantees DREAMWALL against any action, claim or complaint from third parties (including public authorities) relating to his/her use of the Website.
4.5 The User uses the Website at its own risk. The Website, its components and all related information, software, facilities and services are provided on an "as is" and "as available" basis without warranty of any kind (either express or implied) and to the fullest extent permitted by applicable law.
4.6 DREAMWALL disclaims all liability for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Website and its components, or from the inability to use the Website.
4.7 The User is also required to inform DREAMWALL immediately in writing if he/she becomes aware of any inappropriate behaviour or use in connection with the Website by sending an email to the following address email@example.com
5. LINKS TO AND FROM OTHER SITES
5.1 Hyperlinks to other websites may appear on the Website. In addition, some websites may include a link to the Website. These third-party sites are not controlled by DREAMWALL, which therefore assumes no responsibility for their operation, content or use. Unless otherwise expressly mentioned by DREAMWALL on the Website, the existence of such links does not imply any approval by DREAMWALL of these third-party sites or the use that may be made of them, nor any association or partnership with the operators of these sites.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Website and its components (trademarks, logos, graphics, photographs, animations, videos, texts, etc.) are the property of DREAMWALL. They are protected by intellectual property rights (in particular copyright, trademark law, design law, etc.) and may not be reproduced, used or distributed without prior written authorisation from DREAMWALL or, where applicable, from the holder of the rights concerned, on pain of constituting an infringement of copyright punishable by imprisonment for one to five years and/or a fine of 500 to 100.100,000 (to be multiplied by the additional decimals, which brings the maximum penalty to €800,000) or 6% of the total annual turnover, whichever is higher (Art. XV.104 and XI.105 of the Economic Law Code).
6.2 DREAMWALL hereby grants the User a non-exclusive, non-transferable licence, for an indefinite period of time and revocable at any time without giving any reason, to access, display and download the content of the Website solely for display purposes. The User may also print a copy of the content displayed on the Website for his/her personal needs, provided that he/she does not alter the content of the Website in any way and that he/she retains all mentions of authorship and origin of the Website. Reproduction is therefore only authorised for strictly private purposes within the meaning of Article XI.190 5° of the Economic Law Code.
6.3 Any use of the Website and its components not covered by this article is strictly prohibited.
7. TEXT AND DATA MINING POLICY
< TDM-RESERVATION: 1>
7.1 The Site opposes all harvesting and text and data mining operations as defined in article I.13 10° of the Economic Law Code. This objection covers the entire Site and its components.
7.2 All harvesting and text and data mining operations targeting the Site and its components, including by automated data collection devices, may not be carried out without prior written authorisation from DREAMWALL under penalty of constituting an act of counterfeiting. To facilitate the reading of this right of opposition by any automated data collection device, this opposition is also expressed as follows: <TDM-RESERVATION: 1>.
8.1 In order to be valid, any complaint by the User relating to the Website must becommunicated in writing within five (5) calendar days of becoming aware of the event giving rise to the complaint. The absence of any dispute in accordance with the aforementioned rules shall entail the User's unconditional and unreserved acceptance of the fact that gives rise to the complaint and, de facto, the definitive renunciation of any claim on this account.
9. AMENDMENTS AND LANGUAGE VERSIONS
10. VALIDITY OF CONTRACTUAL CLAUSES
10.1 The failure of DREAMWALL to avail itself, at any given time, of a provision of these T&C shall not be construed as a waiver of any subsequent rights under these T&C.
10.2. The nullity, lapse or unenforceability of all or part of one of the preceding or following provisions shall not entail the nullity of the whole of these T&C. The provision that is wholly or partially null and void, invalid or unenforceable shall be deemed unwritten. DREAMWALL undertakes to replace this provision with another that will pursue, as far as possible, the same objective.
11. APPLICABLE LAW AND JURISDICTION
11.1 The validity, interpretation and/or execution of the T&C are subject to Belgian law, to the fullest extent permitted by the applicable rules of private international law.
11.2 In the event of a dispute relating to the validity, interpretation or execution of the T&C, the Courts and Tribunals of the judicial district of Charleroi shall have exclusive jurisdiction, to the full extent permitted by the applicable rules of private international law.
11.3 Before taking any steps to resolve a dispute in court, the User and DREAMWALL agree to try to resolve the dispute amicably.