(Updated on 02/23/2022)
The website
O’Naturalis (https://onaturalis.bio)
(hereinafter the“Platform“)
is an initiative of :
O’Naturalis srl
Hautes Levée 19A, 4970 Stavelot (Belgium)
Company number (BCE/TVA): BE0782.698.344
E-mail: info@onaturalis.bio
Telephone: +32 (0)80 770 422
(hereinafter“O’Naturalis” or the“Seller“)
1. Scope of application
These general conditions of use (hereinafter the“GCU”) apply to any visit to or use of the Platform and its information by an Internet user (hereinafterthe “User”).
By visiting or using the Platform, the User acknowledges having read these GTU and expressly accepts the rights and obligations set forth herein.
In exceptional cases, the provisions of the GCU may be waived by written agreement. Such derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
We reserve the right to modify our TOU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
2. Platform
2.1 Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability, and our actions must therefore be considered as covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Therefore, we are not liable for any damages resulting from possible malfunctions, interruptions, defects or harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.
2.2 Contents
O’Naturalis largely determines the content of the Platform and takes great care over the information contained therein. We take all possible steps to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties.
We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability.
O’Naturalis cannot offer an absolute guarantee concerning the quality of the information presented on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, O’Naturalis shall not be held liable for any direct or indirect damage suffered by the User as a result of the information provided on the Platform.
If any content on the Platform infringes the law or the rights of third parties, or is otherwise unethical, we ask you to inform us as soon as possible by e-mail so that we can take appropriate action.
Any download from the Platform is always at the User’s own risk. O’Naturalis cannot be held responsible for any direct or indirect damage resulting from these downloads, such as loss of data or damage to the User’s computer system, which is entirely and exclusively the User’s responsibility.
2.3 Services reserved for registered Users
1) Registration
Access to certain services is subject to User registration.
Registration and access to the Platform’s services are reserved exclusively for individuals with legal capacity who have completed and validated the registration form available online on the Platform, as well as the present GCU.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself/herself and his/her marital status. In addition, the User must regularly check his or her personal data to ensure that it is accurate.
The User must therefore provide a valid e-mail address, to which the Platform will send confirmation of registration for its services. An e-mail address cannot be used more than once to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly check messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one entry per person is permitted.
The User will be given a login enabling him/her to access an area reserved for him/her (hereinafter referred toas the “Personal Area“), in addition to entering his/her password.
Users can change their login and password online in their Personal Area. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
In any event, O’Naturalis reserves the right to refuse a registration request for services on the Platform if the User fails to comply with the GCU.
2) Unsubscribe
Regularly registered Users may unsubscribe at any time by visiting the dedicated page in their Personal Area. Any unsubscription from the Platform will be effective as soon as possible after the User has filled in the form provided for this purpose.
2.4 Content published by the User
The user undertakes to comply with the laws in force through each of his or her publications on the Platform. Particular attention will be paid to the interests of third parties, to offensive content and to content likely to be contrary to public order or morality. The User remains responsible for all content published on the Platform.
The Platform may exercise moderation over any publication and refuse to post content online without having to provide any justification. Similarly, content published by a User may be modified or deleted without reason or delay.
By publishing on the Platform, the User grants O’Naturalis, free of charge and on a non-exclusive basis, the right to represent, reproduce, adapt, modify, distribute and disseminate, directly or indirectly and on any medium and throughout the world the content published.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between O’Naturalis and the external website or even that an implicit agreement exists with the content of such external sites.
O’Naturalis has no control over external websites. We are therefore not responsible for the safe and correct operation of hyperlinks and their final destination. Once the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.
4. Intellectual property
The structuring of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc., which make it up or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data to the Platform that would modify or be likely to modify its content or appearance.
5. Personal data protection
Personal data provided by the User when visiting or using the Platform are collected and processed by O’Naturalis exclusively for internal purposes. O’Naturalis assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is always committed to communicating clearly and transparently on this point.
O’Naturalis undertakes to comply with the relevant applicable legislation, namely the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The User’s personal data is processed in accordance with the Privacy Policy available on the Platform.
6. Prohibited uses
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Platform or its content:
- for illegal purposes;
- to incite third parties to carry out or take part in illegal acts;
- to violate any local ordinance or any international, federal, provincial or state regulation, rule or law;
- to infringe or violate our intellectual property rights or those of third parties;
- to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related web site or other web sites or the Internet;
- to collect or track the personal information of others ;
- to spam, phish, hijack a domain, extort information, browse, explore or scan the web;
- for obscene or immoral purposes;
- to interfere with or bypass security measures of the Service or any related site, other web sites or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating the Prohibited Terms of Use.
7. Exclusion of warranties and limitation of liability
O’Naturalis does not warrant, represent or represent that your use of the Platform will be uninterrupted, secure, timely or error-free.
O’Naturalis does not warrant that the results that may be obtained by using the Platform will be accurate or reliable.
The User agrees that, from time to time, O’Naturalis may withdraw the Service for indefinite periods or cancel it at any time without notice.
The User expressly agrees that its use of the Platform, or its inability to use the Platform, is at its sole risk. The Platform and all products and services provided through it are (unless expressly stated otherwise by O’Naturalis) provided “as is” and “subject to availability” for its use, and without representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall O’Naturalis, its shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or other partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, revenues, savings or data, replacement costs or other similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of the use of the Platform or any services or products using the Platform, or any other claim in any way connected with the use of the Platform or any products, including but not limited to, errors or omissions in any content, or for any loss or damage whatsoever arising from the use of the Platform or any content (or product) published, transmitted or made available through the Service, even if the User has been advised of the possibility thereof.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, O’Naturalis’ liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
8. Compensation
The User agrees to indemnify, defend and hold O’Naturalis and its shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s breach of these Terms of Use or the documents referenced herein, or the User’s violation of any laws or rights of a third party.
9. Dissociability
In the event that any provision of these Terms and Conditions of Use is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Use, without such holding affecting the validity and enforceability of the remaining provisions.
10. Cancellation
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use shall remain in effect unless and until terminated by the User or by O’Naturalis. The User may terminate these Terms and Conditions of Use at any time by notifying O’Naturalis that he no longer wishes to use the Platform, and requesting to be removed from the Platform (see article 2, paragraph c, subparagraph 2, above).
If O’Naturalis deems or suspects, in its sole discretion, that the User is not complying or has not complied with any term or provision of these Terms of Use, O’Naturalis may also terminate this agreement at any time without notice. The User shall then remain liable for all sums due up to and including the termination date, as a result of which O’Naturalis may refuse the User access to the Platform (or part thereof).
11. Entire agreement
Any failure by O’Naturalis to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Use or any other operating policies or rules published by O’Naturalis on the Platform or pertaining to the Platform constitute the entire understanding and agreement between O’Naturalis and the User, and govern the use of the Platform. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between the User and O’Naturalis (including, but not limited to, any prior version of the Terms of Use).
Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.
12. Applicable law and jurisdiction
These GCU are governed by Belgian law.
In the event of a dispute, and failing amicable settlement, the dispute will be brought before the courts of the judicial district where O’Naturalis has its registered office.
13. General provisions
O’Naturalis reserves the right to modify, extend, delete, limit or interrupt the Platform and related services at any time, without prior notice or liability.
In the event of a breach of the GCU by the User, O’Naturalis reserves the right to take appropriate sanctions and remedial action. In particular, O’Naturalis reserves the right to deny the User access to the Platform or to our services, either temporarily or permanently. Such measures may be taken without giving any reason and without prior notice. O’Naturalis cannot be held responsible for them, nor can they give rise to any form of compensation.
The illegality or invalidity, in whole or in part, of any provision of our TOU shall not affect the validity and enforceability of any other provision. In such a case, we have the right to replace the provision with another valid provision of similar scope.