GENERAL CONDITIONS OF USE OF THE SITE

Last update : Date (01/08/2021)

Article 1. PREAMBLE

The Internet site https://www.samaya-graphics.be/ is the property of SRL SAMAYA, registered with the Crossroads Bank of Enterprises under the number 0766.774.706 and whose registered office is located at Chaussée de Wavre 1110 in 1160 Brussels.

1. For any question relating to the present general conditions, you can send us an 

email to info@samaya-graphics.be or a postal mail to Chaussée de Wavre 1110, 1160 Brussels.

SRL SAMAYA is also the Editor of the publication and the Person in charge of the data processing of the site https://www.samaya-graphics.be/

1.2. The present general terms and conditions of use (hereinafter referred to as “GTC” or “GC”) are intended to govern the use of the https://www.samaya-graphics.be/ platform (hereinafter referred to as the “Website” or the “Samaya Graphics Website” or the “Website”).

1.3. Use of this Site is subject to compliance with the terms and conditions described below. By accessing this Site, you declare that you have read and accepted, without reservation, these terms and conditions of use.

1.4. The applicable GCU are those in force at the date of use by the Users of the Site. 

SRL SAMAYA reserves the right to modify, suspend all or part of the site and to update all or part of these General Conditions at any time. 

These modifications come into effect as soon as they are published on the site. Consequently, the user is invited to consult the present General Conditions of Use prior to each use of the Site and/or the services offered by SAMAYA SRL.

1.5. The information appearing on the Site is, unless otherwise stipulated and explained, of a general nature. It is not intended to address specific or personal situations and cannot be considered as professional or personal advice to the user. If you need professional or project-specific advice, we invite you to contact us.

Article 2. DEFINITIONS

For the purposes of these TOU, terms are defined as follows:

“GCU”: General Terms of Use applicable to Users and Customers.

“Customer”: Any natural or legal person who fills in their personal data for a reservation or places an order through the Site. 

“Consumer”: Any person who is a consumer in the sense of European law, i.e. any natural person who acts for purposes other than his or her commercial, professional or craft activities.

“User”: Any natural person browsing the Site and/or using the advantages offered by the Site, whether or not subject to prior registration. The natural person must be over 18 years old and have full legal capacity.

“Registered User”: User having created a User Profile on the Site. 

ARTICLE 3 Access to services

SAMAYA SRL offers through its platform https://www.samaya-graphics.be/, the possibility to the customer to subscribe to one or several services or benefits among which 

• Creation of complete visual identity declined in graphic charter (i.e., logos, banners, business cards, flyers, company brochures, and other promotional objects);
• The creation of website showcase and e-commerce site;
• The creation of various communication media (i.e., flyers, posters, etc.);
• The creation, management and animation of marketing campaigns on web media and social networks;
• Etc.

The Site is accessible free of charge at any location to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at his expense.

Some features of the website are only accessible through registration and subscription to paid services.

Users who are not registered or not subscribed do not have access to services reserved for members or subscribers. To do so, he/she must identify himself/herself using his/her login and password.

The Site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit itself to reach this result.

Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage the responsibility of SAMAYA SRL.

Access to the site’s services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.

The User may contact the site by e-mail at the following address: info@samaya-graphics.be

ARTICLE 4. ACCESSIBILITY AND FUNCTIONING OF THE SITE

SRL SAMAYA undertakes, as far as possible, to ensure that the Site is up to date and remains accessible to a normal number of users. However, SAMAYA SRL does not guarantee that the functions of the Site 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.

SAMAYA SRL 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 Site or from viruses or other harmful components present on the Site.

If the User notices the presence of an error, a virus or other harmful elements on the Site, he/she is invited to communicate it to SAMAYA SRL at the following address: info@samaya-graphics.be so that the necessary measures can be taken. SAMAYA SRL recommends that the user install firewalls, anti-virus and other necessary protection software on his computer in order to prevent possible damage to it.

SRL SAMAYA retains the right to suspend or stop all or part of the Site, at any time, without justification and without prior notice.

ARTICLE 5. USE OF THE SITE

The User undertakes to use the Site in accordance with its purpose only, to the exclusion of any other purpose.

The User is responsible for ensuring that all information provided is accurate and up-to-date.

The User undertakes to use the Site in good faith and to comply with the legislation in force, and, in particular, to refrain from:

• send to SRL SAMAYA content or communications that are false or misleading, (and to update such content, if necessary, to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, 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;
• provide email addresses or other types of content to SAMAYA SRL without obtaining the prior consent of the individuals involved;
• send content to SRL SAMAYA that violates the rights of a third party or harms them in any way whatsoever (intellectual property rights, privacy, business secrets etc.) ;
• copy any literary, artistic, visual or audiovisual content from the Site for any purpose other than its personal consultation;
• extract, through the definitive or temporary transfer, all or part of the contents of the Site or all or part of one or more databases available on the Site, regardless of the extraction method used;
• reuse, by making available to the public, all or part of the contents of the Site or all or part of one or more databases available on the Site, in any form whatsoever;
• send to SAMAYA SRL content that directs to illegal websites or that contains inappropriate content;
• use the Site to send junk mail, unsolicited mail, pyramid schemes, or similar or fraudulent schemes;
• any action that may have the effect of disrupting the proper functioning of the Site, the Service, including the use of computer worms, viruses, software bombs or mass mailings ;
• attempt to violate unauthorized access to any portion of the Site or equipment used to operate the Site;
• use a false name, alias, or impersonate any other person or entity;
• use the Site for purposes other than those provided for in the TOS.

SRL SAMAYA shall in no way be held liable in the event of non-compliance by the User with the TOU, the Cookie Policy, and/or applicable laws or regulations. 

The User guarantees SRL SAMAYA. against any action, claim or complaint from third parties (including public authorities) relating to his use of the Site.

The User uses the Site at his own risk. The Site, its components and all information, software, installations, services relating to it are provided as is, according to availability without guarantee of any kind (neither express, nor implicit) and within the limits of the applicable law.

SRL SAMAYA declines all responsibility for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Site and its components, or from the inability to use the Site.

The user is also required to inform SAMAYA SRL immediately in writing if he/she becomes aware of any inappropriate behavior or use in connection with the Site by sending an email to the following address: info@samaya-graphics.be.

As a security or precautionary measure, SAMAYA SRL may temporarily deactivate or permanently delete a User Profile as of right and without prior notice, in particular in the event of a presumed breach by the user of one of his obligations resulting from the present General Conditions, or of the laws and regulations, and particularly in the following cases

• Alleged use of a fraudulent or erroneous identity to create a User Profile,
• Use of a fraudulent means of payment, default of payment,
• Misappropriation or attempted misappropriation of tools, Services, brand, logos or any other distinctive sign or element on which the Company holds a property or operating right.

ARTICLE 6. INTELLECTUAL PROPERTY RIGHTS

The Site and its components (trademarks, logos, graphics, photographs, images, animations, videos, music, texts, icons, technologies, software, domain names and source codes, etc.) constitute the property of SAMAYA SRL, The entirety of its Content is protected by intellectual property rights (in particular copyright, neighboring rights, image rights, design rights, trademark rights, etc.) and may not be reproduced in any form or by any means. ) and therefore cannot be reproduced, used or disseminated without prior written authorization from SRL SAMAYA or, if applicable, from the holder of the rights concerned, under penalty of constituting an infringement of copyright and/or designs and models and/or trademarks, punishable under the Economic Law Code, or any other infringement of the applicable legal provisions.

SRL SAMAYA grants, by the present GCU, to the User, a non-exclusive, non-transferable authorization, for an indefinite period of time and revocable at any time without indication of reason, to access the content of the Site, to display it and to download it solely for the needs of display. The User may also print a copy of the content displayed on the Site for his/her personal needs, provided that he/she does not alter the content of the Site in any way and that he/she retains all mentions of authorship and origin of the Site. Reproduction is therefore only authorized for strictly private purposes within the meaning of Article XI.190 5° of the Economic Law Code.

Any use of the Site and its components not covered by this article is strictly prohibited.

ARTICLE 7. VALIDITY OF CONTRACTUAL CLAUSES

The abstention of SRL SAMAYA to take advantage, at a given moment, of a provision of the present GCU, could not be interpreted as a renunciation to assert later its rights under this one.

The invalidity, lapse or unenforceability of all or part of any of the foregoing or following provisions shall not invalidate these TOU. The provision that is entirely or partially null, void or unenforceable shall be deemed unwritten. SRL SAMAYA undertakes to replace this provision with another equivalent one, which will pursue, as far as possible, the same objective.

ARTICLE 8. RESPONSIBILITIES

The sources of the information diffused on the site are considered reliable. However, the site reserves the faculty of a non-guarantee of the reliability of the sources. The information given on the site is purely informative. Thus, the User alone assumes full responsibility for the use of the information and content of this site.

SRL SAMAYA declines all responsibility for the use that could be made of the content of this site. 

SRL SAMAYA cannot be held responsible for any direct or indirect damage resulting from the use of the Site or the information available on or through the Site, including, without limitation, any loss, interruption of work or activities, deterioration of programs or data on the computer system, or of the User’s hardware and software.

The User shall ensure that his/her password is kept secret. Any disclosure of the password in any form is prohibited.

The User assumes all risks related to the use of his/her login and password. The site declines all responsibility.

Any use of the service by the User that directly or indirectly results in damage must be compensated by the site.

An optimal guarantee of the security and confidentiality of the transmitted data is not guaranteed by the site. However, the site undertakes to implement all necessary means to best ensure the security and confidentiality of data.

The responsibility of the site cannot be engaged in case of force majeure or unforeseeable and insurmountable fact of a third.

ARTICLE 9. HYPERTEXT LINKS 

Hypertext links are present on the site, however the web pages where these links lead do not engage the responsibility of SAMAYA SRL which does not have the control of these links.

The User therefore refrains from engaging the responsibility of the site concerning the contents and the resources relating to these outgoing hypertext links.

ARTICLE 10. PARTIAL NULLITY

If one of the clauses or provisions of the present GTU turns out to be null or unenforceable because of the application of a law or a rule enacted by a jurisdiction, the GTU will not be considered as null. 

In such event, the TOS shall be construed to limit the application of such clause or provision to such extent as is necessary to render the TOS valid and enforceable, or to the extent that the court of competent jurisdiction finds such limitation unenforceable, the TOS shall be construed and enforced as if such illegal and unenforceable clause had never been contained in the TOS.

ARTICLE 11. PROTECTION OF PERSONAL DATA

The user by browsing and using the present site recognizes and accepts, without reserve, that the personal data collected during his browsing and/or his use of the platform are collected and processed by SRL SAMAYA in accordance with the privacy policy (privacy charter available on the site).

ARTICLE 12. APPLICABLE LAW

The validity, interpretation and/or execution of the present GCU are subject to Belgian law, to the full extent permitted by the applicable rules of private international law.In the event of a dispute relating to the validity, interpretation or execution of the GTU, the French-speaking Courts and Tribunals of the judicial district of Brussels shall have exclusive jurisdiction.