Table of contents
– Accepting and modifying the Terms of Use
– Accessing the Website – Website Content
– Using the Website
– Intellectual property rights
– Links to third party websites and services
– Duration and termination
– Liability
– General
– Applicable law – Dispute resolution
Accepting and modifying the Terms of Use
These terms of use (the “Terms of Use”) set the legal framework that govern the access and use of the website Ontex.com (the “Website”), which is owned and used by the company Ontex BV, registered under number 0419.457.296 (Belgium register of companies) with registered business address at Genthof 5 9255 Buggenhout, (“Ontex” or “we”).
Accessing and using the Website is conditional upon your accepting the Terms of Use that are applicable at the time when you access the Website and that may be modified by Ontex at any time. In this regard, by accessing and using the Website, you accept that you are automatically bound by the Terms of Use and, thus, by any modifications that were applicable at the time of your access or use of the Website, and you accept that such an acceptation shall have the same legal value as an express written acceptance. In the event that you do not agree with the Terms of Use, you must not access or use the Website. Please carefully read the Terms of Use and the Privacy policy, which you can access here prior to using the Website. We recommend that you read the Terms of Use each time you access the Website.
Using the Website
You must not access or use the Website in a manner that may damage, deactivate, overload or compromise the Ontex accounts, IT systems or networks. You must not attempt to access Ontex accounts, IT systems or networks in an unauthorized manner. You must not attempt to use web crawlers, scraping tools and other automated means to access the Website or Ontex accounts, IT systems or networks in an unauthorized manner. You must not access, download, use or export the Website or the Content in a manner that violates regulations or legislation regarding exportation or that violates other applicable regulations or legislation.
Without limitation, you must not (i) modify, reproduce, represent, adapt and/or translate all or part of the Website and/or Content; (ii) extract all or part of the Website; or (iii) publish and/or use the Content on a website, media or network (nor can you authorize a third party to do so).
In the event that you are called to publish content on the Website (namely but not limited to comments on products or services provided by Ontex) (the “Publication(s)”), you guarantee that (i) you hold all the licenses, rights, agreements and authorizations required to use and to authorize Ontex to use all copyright, trademark rights, and any other property ownership right applicable to Publications, and (iii) you have obtained the written consent of all identifiable physical persons, for each Publication, to use their respective names and images in said Publication. You accept that you shall not submit Publications that may be illicit, immoral, obscene, defamatory, threatening, pornographic, pedophilic, revisionist (denying the Holocaust), intimidating, hateful, racist, abusive, incite political or racial hatred, xenophobic, breach any law or mandatory rule, or be inappropriate in any other manner. By publishing Publications on the Website, you grant Ontex the right to use, reproduce and represent the Publications, in full or in part, free of charge, for the benefit of the entire world, on all supports, for the legal term of protection of the intellectual property rights pertaining to these Publications, in order to fulfil the needs of the Website and promote said Website, namely for advertising or commercial purposes.
Intellectual property rights
The Website and its Content, as well as the copyright and rights pertaining to the trademark, commercial names, drawings, images, databases, information, data, texts, sounds, photos and graphics, and all the source codes, software and other content are the property of Ontex or its licensors and are protected by intellectual property rights and other national and international property ownership rights, including but not limited to copyright and related rights, rights pertaining to databases, models, brands and commercial names, patents, etc. You commit to not displaying or using the Ontex logo or brands in any manner without our prior written consent.
Accessing and using the Website and/or Content must not be interpreted as the granting of a license for any one of these intellectual property rights. We reserve all rights related to the Website and Content that have not expressly been granted to you.
You may only use the Website or its Content in compliance with the Terms of Use.
In the event that you use the Website Content or elements over which Ontex has ownership or holds a license without Ontex’s authorization or in a manner that is not authorized by the Terms of Use, you may breach our intellectual property rights or the intellectual property rights of third parties, including but not limited to copyright and related rights, rights pertaining to databases, designs and models, commercial brands and trademarks, patents and other rights. In such cases, we reserve the full right to automatically revoke your access to the Website and take any measures that we deem appropriate to prevent, suspend or obtain compensation for the breach of intellectual property rights. No other right of any other type is granted as a license, attributed or transmitted in another manner to persons who access the Website and/or use the Content.
Links to third party websites and services
The Website contains hyperlinks to other websites used by third parties and references to other sources of information. These links and sources of information are provided for information purposes. These websites and information contained on these websites are not managed or controlled by Ontex. Since we have no control over these services, you recognize and accept that we are not responsible (i) for the availability, content, accuracy, quality, advertisement and products pertaining to these external services and any other element available related to these services or via these services, (ii) the protection of personal data or any other practices on these websites.
Duration and termination
The Terms of Use shall remain applicable between us and you for as long as you use the Website.
In the event that we deem your use of the Website illegal and/or unauthorized, and/or in breach of the Terms of Use, we reserve the full right to implement any procedure, namely entering into legal proceedings, as we deem necessary and to terminate your access to the Website.
Liability
The data communicated on the Website is mainly in relation to Ontex’s marketing activities or financial data and/or that of its affiliated companies; this data is provided for information purposes and should not be construed as a commitment on behalf of Ontex and/or its affiliated companies.
You shall be solely liable for using the Website and any decision taken with regard to the database and/or information contained on the Website.
General
The Terms of Use constitute the entire agreement between you and us regarding the subject matter hereof and they replace the terms and conditions of any other communication and/or advertisement regarding the Website.
In the event that a stipulation contained in the Terms of Use is declared illegal, invalid or non-applicable by a competent jurisdiction or body, the invalidity of this stipulation shall not affect the validity of the other stipulations contained in the Terms of Use, which shall remain applicable.
A party’s failure to respect any right or provision contained in these Terms of Use does not constitute a waiver of this right or provision.
You commit to indemnify, defend and hold harmless Ontex and its representatives, directors, employees, subcontractors and agents from the consequences of any claim, action, proceedings, damages and costs resulting from you breaching the Terms of Use.
Applicable law – Dispute resolution
The Terms of Use are governed by Belgian law.
In the event of a dispute, you may address your claim in writing via the Contact section of this website in order to attempt to find an amicable solution to the dispute.
You may also have recourse to the online dispute resolution service offered by the European Commission in accordance with article 14 of the Regulation (EU) N°524/2013. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.
Any dispute regarding the conclusion, validity, interpretation, execution or termination of the Terms of Use shall be subject to the jurisdiction of the courts (i) of Ontex’s domicile; or (ii) of your domicile; or (iii) the location of the provision of the Website access service.