GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY.

BY ACCESSING, VISITING OR USING THIS WEBSITE YOU CONSENT TO AND AGREE TO BE BOUND BY THE FOLLOWING GENERAL TERMS AND CONDITIONS. THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

IF YOU DO NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS THEN PLEASE DO NOT ACCESS, VISIT OR USE THIS WEBSITE OR ANY INFORMATION INCLUDED THEREIN.

1 PUBLISHER
The publisher of this website is the public limited liability company DE LANDTSHEER EMMANUEL, with its registered office at Mandekensstraat 181, box 1, 9255 Buggenhout registered in the Dendermonde Companies’ Register under number 39.867, with company number 0 428 538 971, referred to hereafter as “BREWERY MALHEUR”.

2 DEFINITION AND GENERAL RULES OF ACCESS
The “website” refers to this website as published by BREWERY MALHEUR and all the information and material it includes.

This website may include links to websites published by third parties and websites published by third parties may include links to this website. BREWERY MALHEUR has not examined these third party websites and has no control whatsoever over their content or other characteristics of these websites.

BREWERY MALHEUR rejects any liability related to information or material found on websites linked to this website. The fact that a link is created to a third party website or that a third party website has been allowed to include a link to this website does not mean that BREWERY MALHEUR approves or recommends the products or services offered by a website of a third party.

Neither does BREWERY MALHEUR offer an implicit or explicit assessment of the accuracy and/or reliability of the information, which can be found, directly or indirectly, on the websites of third parties or that relate to the reliability and/or probity of third parties.

3 CONTENT OF THE WEBSITE
BREWERY MALHEUR will make reasonable efforts to regularly verify and update information and material on this website and to assess the reliability and probity of the sources. The information and material that is included on the website are therefore subject to change.

Nevertheless BREWERY MALHEUR cannot guarantee the accuracy, adequacy, completeness, timelessness or suitability of the information and material included on this website for a particular purpose or the reliability and probity of their sources.

BREWERY MALHEUR cannot be held liable on any grounds whatsoever, contractually or otherwise, for any direct or indirect damage you may incur as a result of accessing, visiting or using this website, except in the case of intent or gross negligence on its part.

4 INTELLECTUAL PROPERTY RIGHTS
The information and material included on this website is protected by intellectual property rights, owned by or when a claim has been made by BREWERY MALHEUR or its affiliated entities or third parties. This information and material may be displayed and printed solely for your own personal and non-commercial purposes, on the condition that you do not delete references to intellectual property or other rights. You agree not to distribute, reproduce or sell this information and material in any form or by any means whatsoever without the express written prior permission of BREWERY MALHEUR.

5 USE OF THE WEBSITE
You are forbidden from using this website for illegal purposes, particularly purposes forbidden by these General Terms and Conditions or by the law.

By lawful use we understand the following, without limitation:

  • do not insult, harass, or threaten anyone, or violate the rights of others in any other way (in particular the rights of the individual, including the right to a private life);
  • do not publish, submit, upload to the website, distribute or disseminate any topic or element, name or any information whatsoever, which is inappropriate, which offends religious or ethnic convictions, which is slanderous, obscene, immoral or unlawful, or which violates any law, particularly intellectual property law;
  • do not upload any file to the website that includes software or other elements that are protected by intellectual property rights (or by the rights of the individual, including the right to a private life), unless you are the owner of the aforementioned rights, you exercise a legal control over them or if you have received all the necessary authorisations;
  • do not upload any files to the website that contain viruses or any other similar software or programs that are capable of damaging another computer;
  • do not promote or offer for sale any goods, services or other elements that are protected by intellectual property rights for commercial purposes;
  • do not falsify or delete any statements related to the author, any legal statements or any other statement with regard to property rights or related to the origin or source of the software or of any other element in a file uploaded to the website.

By submitting messages, uploading files to the website, completing your details or by entering into communication via this website, or in any other form you give BREWERY MALHEUR your permission to:

  • verify, edit, copy, share, transmit, publicly disseminate, re-offer, reproduce, publish, dispose of under license, transfer or sell or use this communication to create derivative works;
  • the unlimited right to exercise any of the aforementioned waived rights, ceded under license to third parties.

The aforementioned rights include the right to exercise any property rights for this communication in any country, in particular including the rights that are contained in the copyright. BREWERY MALHEUR retains the right at all times and without prior warning to delete the content you have submitted as well as the right to correct entries in terms of length, grammar or use of language.

6 ENTRIES FOR “MY MALHEUR”, “MALHEURPAIRING” and MALHEUR COMPETITIONS
Your contributions to this site are appreciated. BREWERY MALHEUR will not however accept or publish any content or other material that does not comply with the terms and conditions of the competition or that which is unlawful, offensive, objectionable or inappropriate in any way. By submitting texts, photographs, videos or other material you are waiving any claims to intellectual or other property rights for this material. BREWERY MALHEUR does not provide any monetary or other compensation for submitted material with the exception of material prizes for winners of Malheur competitions.

7 PROCESSING PERSONAL DATA
BREWERY MALHEUR respects the privacy of all users of its website in accordance with the law of 8 December 1992.

It uses information collected via its website to:

  • Send you information at your request about its products, special offers and promotions. If you no longer want to receive this information then please inform us by sending an email to info@malheur.be;
  • Promotions: If you respond to a promotional activity or a competition question, your name, address, telephone number, sex and date of birth will be stored. These details are used to carry out the promotional activity, announce the prize winner (s) and to assess the response to marketing campaigns.
    In addition demographic data and other information is collected for market research, advertising and promotional purposes. You have the right to refuse to allow your information to be processed for direct marketing purposes.

Your details will not be provided to third parties without your prior consent except in cases where we are legally obliged to do so.
The website may include information about promotional activities that BREWERY MALHEUR is undertaking with other companies. When personal details and other information is provided in this context then this information may be shared with the participating company with your prior consent so that this company can offer you its services and products.

This website uses cookies. Cookies are small pieces of technical data stored by your browser on your computer. The cookies allow BREWERY MALHEUR to collect information about the use of its website. This information allows BREWERY MALHEUR to improve and adapt its website to the needs of its customers and visitors. You can set your browser so that you do not receive any cookies when visiting this website. If that is the case it is possible that you will not be able to make optimal use of all parts of the website.

You have the right to refuse to allow your details to be processed as well as the right to access, correct and delete your details, by sending a registered letter informing us of your wish to the address mentioned under point 1 or by email to: info@malheur.be. You can also submit any questions you might have about the processing of your details via these addresses.

8 APPLICABLE LEGISLATION AND FORUM
Your access, visit and use of the website and these General Terms and Conditions are governed by and will be interpreted according to Belgian Law. The Courts of Dendermonde will have exclusive jurisdiction over any dispute arising therefrom notwithstanding the fact that BREWERY MALHEUR can choose another Court that has jurisdiction over a dispute in accordance with applicable legislation.

PRIVACY

Protection of privacy

1. Personal details
Malheur.be does not collect any personal information unless it is provided voluntarily. By completing and submitting a registration form for a Malheur competition or by sending an email the visitor authorises Malheur.be to store his/her personal details in a database of the public limited liability company DE LANDTSHEER EMMANUEL, with its registered office at Mandekensstraat 181, box 1, 9255 Buggenhout, registered in the Dendermonde Companies’ Register under number 39.867, with company number 0 428 538 971, referred to hereafter as “BREWERY MALHEUR”.
This information will be processed in charts for marketing purposes but never passed on to, made available to or sold to third parties. You can submit your request to access, correct or contest it to info@malheur.be.

2. Automatically collected non-personal information
Malheur.be may collect information of a non-personal nature such as browser type or IP address, the operating system you use or the domain name of the website that directed you to the Malheur.be website or where you left it.

3. Cookies
During a visit to the site, so-called “cookies” may be automatically installed on your computer’s hard drive. This information allows us to better align the site to visitors’ requirements and preferences. Most web browsers allow you to remove cookies from your hard drive, reject cookies or receive a warning before a cookie is installed. Consult the instructions or help function for your web browser for more details.