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LEGAL NOTICE & TERMS OF SERVICES

Editorial Manager:

Marjan Abadie
Place Colignon, 28
1030 Bruxelles
[email protected]

This site belongs to:

Institut Mindfulness ASBL
N° d’entreprise: 0649.433.905
Siège social: 
Place Colignon, 28
1030 Bruxelles

Development:

Text
Mathilde Reignier
[email protected]
Webmaster
François Armand
alpha-aquilae.eu.com

Article 1 – Definitions

We designate bellow :

  1. “Site” : the website http://serenitybar.be/ and all its pages.
  2. “Editor” : the legal or physical person, responsible for the website edition and content and displayed in the website terms and conditions.
  3. “User” : web user visiting the website
  4. Is called “member” for a one year period, any person who had payed its membership or every person who participated to one of our 8-week Mindfulness Cycle.
  5. Is called “participant”, the person who registers to an activity and validates his/her subscription with a payment.
  6. “Services”: designate whole services provided by ASBL Institut Mindfulness
  7. “Force majeure event” can be described as any event presenting unforeseeable circumstances that prevent someone from fulfilling a contract

Article 2 - Mentions imposed by the Digital Economy Law

This website is edited by Institut Mindfulnes ASBL.

The legal terms, regarding the website host and editor, in particular details and possible capital and matriculation information, are provided in the Terms and Conditions of this website.

Information concerning the collecting and treatment of personal details (policy and declaration) are provided in the website Personal Data Charter.

The purpose of the website is to provide information regarding the activities of Institut Mindfulness ASBL.

The website is open access and free to any user. The acquisition of a good or service, or the creation of a personal account, or more generally, the navigation on the website is subject to the agreement by the user, of all these present conditions as well as agreeing to be aware of them. This acceptance may consist for example and for the user, in marking the cell corresponding to these present Terms and Conditions which could be for example “I acknowledge that I have read and accepted all the terms and conditions of the website”. The fact of marking this cell will be deemed to have the same value as a handwriting signature of the user.

The acceptance of these present Terms and Conditions presupposes from users that they have the necessary legal capacity for doing it. If the user is underage child or doesn’t dispose this legal capacity, she/he must declare to have the authorization of a legal guardian, a curator or her/his legal representative.

The user acknowledges the evidence value of the automatic registration systems of the editor of this website and, except for him/her, to bring a contradictory evidence, he/she shall renounce to contest them in case of litigation.

Article 3 – Description of the services provided

ASBL Institut Mindfulness endeavors to provide on the website, as precise information as possible. However, it shall not be held responsible for omissions, inaccuracies and deficiencies in the updating, whether they are due by its own or by a third partner that provides those information.

All the information indicated on the website are given on an indicative basis and are susceptible to changes. Furthermore, the information figuring on the website are not exhaustive. They are given subject to modifications that have been brought since their implementation.

ASBL Institut Mindfulness shall also not be held responsible for consequential direct and indirect damages resulting from the use of the website.

Article 3.1 – Member Account

The user registered on the website has the possibility to access his/her own personal area with its credentials (email address defined during the registration and password) or potentially, by using systems such as third social medias’ connection button. The user is entirely responsible for the protection of his/her chosen password. We encourage him/her to use complex passwords.

In case of password’s oblivion, the member has the possibility to generate a new one. This password constitutes the guarantee and the confidentiality of the information contained in the section “My account” and the user prohibits himself/herself to give or communicate this password to someone else. In default, the website editor shall not be held responsible for unauthorized accesses to the user account.

The creation of a personal account is a necessary precondition to any order or the member contribution on this website. For this purpose, the member will be invited to provide certain personal information. The member commits himself/herself to provide exact information.

The data collecting aims to create a “membership account”. If the data contained in the membership account section would come to disappear following a technical breakdown or in case of force majeure, the website and the editor’s responsibility shall not be engaged, those information having no  probative value but only an informative character.

The pages related to members’ accounts are freely printable by the account’s owner but do not constitute an evidence. They only have an informative character aimed to ensure an efficient service management or the member’s contributions.

 

The editor reserves the exclusive right to delete any member account that would have breached the present Terms and Conditions (in particular but without this example to have an exhaustive character, when the member has willfully provided wrong information while creating its personal account) or, any inactive account for at least one year. Said removal may not be susceptible of constituting a damage for the exclude member who shall not be able to pretend to any compensation. This exclusion is not exhaustive of the possibility for the editor, to undertake legal prosecutions against the member, when facts would have justified it.

Article 3.2 – Confidentiality Policy

Information about you are intended to Morgane Abadie, person in charge at ASBL Institut Mindfulness. You have an access and suppression right to all your personal information. You can exercise it by sending an email from the contact section.

In any case, collected data on this website will be given or sold to third parties. Any email address will be transferred to third parties including our partners except with the written agreement from the concerned people.

The information required for the registration on the website are necessary and mandatory for the user account’s creation. In particular, the electronic address may be used by the website for administration and management.

Personal data will be retained for a 3-year period starting from the last day of the activity organized by ASBL Institut Mindfulness to which the participant is registered or, three years starting from the end of the membership period. The same applies to the confidential questionnaire’s answers  relative to the registration to an 8-week Mindfulness program. They only are consulted by the staff and the instructor of Institut Mindfulness.

The website ensures to the user, a personal data collecting and treatment in line with the privacy in accordance with Processing, Files and Freedoms Law.

The user have an access, redirection, suppression and opposition right for his/her personal details.

The user can exercise his/her rights on a simple written request, necessarily accompanied by a valid ID justification including the holder signature, sent to the association head office or via his/her personal account – a contact enquiry – email. Any demand must be clear, specified and substantiated.

In general, you are not required to communicate your personal details when you just visit our website.

However, this rule involves some exceptions. Indeed, for some services offered in our website, you may have to give certain data such as : your name, your function, your company name, your email and your phone number. This is the case when you fill the form proposed online. In any case, you can disagree to provide your personal details. In this case, you won’t be able to use the website services, in particular, requesting some information about our company, receiving newsletters or participating to activities organized by Institut Mindfulness.

Finally, we may collect automatically some information about you during a simple navigation on our website, in particular : information about our website use such as the zones you are visiting and services to which you access, your IP address, your internet browser type, your connection’s duration…. Such information are exclusively used for statistical inter use, in order to improve the quality of our services.

For any question regarding the data protection policy, send your request to the head office of the association or through the contact form.

We reserve the right to modify at any time, this present policy, regarding the legal provisions.

Article 3.3 – Registration

 

  1. The access to services is reserved for people who are registered and for whom the registration had been approved.
  2. Excepting free services, your registration will be taken into account by Institut Mindfulness ASBL on receipt of the registration form through the website. This registration will only be effective after the reception of the entire payment.
  3. Registrations will be taken into account by entire payment’s arrival. A waiting list is established for the trainings where the maximum effective is reached. You will therefore be informed in short terms, if a vacancy occurs.
  4. If we are not able to pursue your subscription in case of lack of seats, your payment will be restituted within 2 days after the beginning of the training.
  5. Participants have a one-week period to confirm their subscription. After this time, the participant is automatically placed on the waiting list classified by payment’s arrival.
  6. Institut Mindfulness ASBL reserves the right to forbid the formation access to people who would not be in order of payment.
  7. All the services are fully due (independently of any care by a third payment organism)
  8. Prices indicated on the website are given on an indicative basis and are susceptible of further modifications.
  9. There are social rate possibilities or stepwise payment for the formations subject to a prior written request. We invite the ones who would like to benefit from financials’ arrangements to make a demand by email or through the contact form.
  10. A participant who had payed his/her membership becomes a member of the ASBL and can therefore benefit from a preferential rate for the services of Institut Mindfulness.

Article 3.4 – Cancelation

  1. Institut Mindfulness ASBL reserves the right to cancel or to reschedule an future event.

If the number of participants is considered insufficient or in case of force majeure, the amounts paid will be refunded or brought forward for another session with the participant’s agreement.

  1. The amounts of participation paid will be entirely reimbursed or brought forward for another session with the participant’s agreement if a cycle is already full at the payment reception.
  2. Institut Mindfulness ASBL reserves the right to modify the locations and/or the dates of the training as well as to replace the instructor(s) announced in the first place if necessary.
  3. Any cancelation or rescission of a participant will be subject to a writing and when appropriate, to a documentary proof.
  4. Starting from your subscription’s payment, you have a withdrawal period of 14 calendar days. In case of a subscription made 8 days before the first day of the training, the withdrawal right may not be exercised and any refund will be done.
  5. In case of cancelation or withdrawal before 14 calendar days before the beginning of the activity, 30% of the price will be retained by Institut Mindfulness. Less than 8 calendar days before the beginning of the training, the whole amount is due.
  6. Participants commit themselves to follow every day of the cycle. It’s not possible to only follow one session of the cycle. In case of impediment for any reason, the unfollowed session(s) or the cycle shall not be refund.
  7. In case of force majeure interruption, the participant may be able to restart or follow her/his training in another cycle without additional cost, subject to vacancies.
  8. Any 8-week cycle, workshop or other activity organized by ASBL Institut Mindfulness which had started, is entirely due.

Article 4 – Exoneration of the editor’s responsibility in the execution of the present contract

In case of an impossibility to access the website, due to technical issues or other reasons, the user shall not be able to invoke a damage and ask for compensation. Hyperlinks on the present website can return to other websites and the responsibility of the editor of the present website shall not be held if the content of those websites breaches the existing regulation. As for the editor’s responsibility of the present website shall not be held if the visit, by the user, of one of those websites, may cause him/her injury.

Article 5 – Web contents Property Rights

All the elements on this website belong to the editor or to a representative third-party, or are used by the editor on the website, with the owner authorization. Any copy of the logos, written contents, pictures or videos, without this enumeration to be exhaustive, is rigorously forbidden and is considered counterfeit. Any member who might be guilty of a counterfeit, shall be likely to see his/her account deleted without notice nor compensation and without this removal to be constitutive of a damage, unreserved from other further potential legal proceedings against him/her, at the initiative of the editor of the present website or her/his representative.

The present website uses elements (pictures, photos, contents) which credits belong to : Morgane Abadie.

All of those elements are the property of Institut Mindfulness or, where applicable, of third-parties from whom Institut Mindfulness obtained the necessary authorizations when the law requests it.

Except  where expressly otherwise specified, any reproduction of the protected content, as well as any form of use and communication to the public of this latest, are forbidden without prior authorization.

Article 5.1 – Hyperlinks

We authorize without prior request, the creation of hyperlinks which return to the home page or to any other website’s content. However, the use of any techniques aiming to include all or part of the portal website in a website, by hiding even partially the exact origin of the information or likely to cause confusion on the origin of the information, such as the framing or the in-lining, requires a prior written authorization.

All those requests must be send by email or through the contact form.

Hyperlinks on the website and directing the users to other websites shall not engage in any case, the responsibility of ASBL Institut Mindfulness.

Article 6 – Brands

Brands and logos contained in this website are registered trademarks by Institut Mindfulness, or potentially, by one of its partners. Any person proceeding to their representations, reproductions, imbrications and rebroadcasting shall be punished by the law.

Article 7 – Responsibility Limitation

The website’s editor does have an obligation of means, his/her responsibility shall not be held for damages resulting from the use of the internet network such as, data lost, intrusion, virus, break of service etc… The user expressly admits using the website on his/her own risks and under his/her exclusive responsibility. The website provides the user, indicative information, with potential imperfections, errors, omissions, inexactitudes and other ambivalences that might exist. Either way, Institut Mindfulness shall not be held responsible for : any direct or indirect damage in particular, regarding profits loss, loss of earnings, clients loss or data that may result from the use of the website, or in contrary, that may result from the impossibility of its use ; any disfunction, any access unavailability, any bad use, any bad computer’s configuration of the user or, any use of a browser little used by the user, any adds’ contents and any other links or sources accessible for the user from the website.

Article 8 – Access to the website

The responsibility of the website’s editor shall not be engaged regarding a technical unavailability of the connection, whether due to a force majeure case, to a maintenance, an update, a website modification, an host’s intervention, an internal or external strike action, a network failure, a power cut, or a bad configuration or use of the user’s computer.

Article 9 – Account removal

Each user is free to close his/her personal account on the website. To do so, he/she must send an email containing the closing will. Any data recovery will be possible.

Article 10 – Various Terms

The present terms and conditions are subject to the application of the Belgian Law. They might be modified at any time by the website’s auditor or its representative. Terms and Conditions apply to the user starting his/her day of agreement.

The editor commits himself /herself to preserve any former terms and to submit them to any user who might request it.

Unless otherwise public rules specified, any litigation that may appear in the execution of these present Terms and Conditions shall be, before any judicial action, subject to the appreciation  of the website’s editor, in order to reach an amicable settlement. It’s expressly reminded that amicable settlement requests do not suspend the deadlines opened to intent judicial actions. Unless otherwise specified, of public order, any legal action concerning the execution of the present contract, shall be subject to the jurisdictions of the Court of Appeal seized.

If one of the provisions of the present Terms and Conditions would come to be declared invalid by a legal decision, this nullity shall not drag the invalidity of the other provisions, that shall continue to be effective.

Article 11 – Use of Cookies

A “cookie” allows the identification of a website’s user, the personalization of his/her visit and the acceleration of the website’s display thanks to the saving of a data file on his/her computer. The website is likely to use “cookies” mainly in order to 1) obtain statistics of internet browsing in order to improve the user’s experience. 2) allow the access to a member account and to content that is not accessible without a connection.

The user acknowledges to be aware of this practice and authorizes the website’s editor to use it. The editor commits himself/herself to never communicate the content of the “cookies” to third parties, except in case of legal requisition.

The user may decline the record  of the “cookies” or set up his/her browser in order to be prior warned for the acceptation of the “cookies”. To do so, the user may proceed to his/her computer’s setting.

Article 12 – Conditions Framework

If a provision of the general Terms and Conditions is considered illegal, invalid of inapplicable for any other reason, then, this provision will be deemed divisible of these Terms and Conditions and will not affect the validity and the applicability of the provisions remaining.

The present provisions describe the entire agreement between the user and the website. They replace all the previous agreements or actual written and verbal. General Terms and Conditions are not transferable or sub-licensable by the user.

A print version of the Terms and Conditions and all the electronic opinions given may be requested through legal or administrative procedures related to the General Terms. The Parties agree that all corresponding linked to these Terms and Conditions shall be written in French.

Article 13 – Notifications

Any notification or opinion concerning the present Terms and Conditions, the legal indications of the Personal Data Charter, shall be in writing and may be hand delivered, registered letter or certified, posted through a messaging service recognized within the national territory and which allows to regularly follow its packages or, by email to the indicated addresses in the legal notice of the website, precising your name, first name, details and the subject of request.

Article 14 – Complaints

Any claim linked to the website use, offered service on this website or any other related service, the pages of the website on potential social medias or Terms and Conditions, legal notice or the Personal Data Charter, may be filed within the 365 days following the day of the problem’s origin, source of the complaint and this, independently from any contrary law or legal rule. In the case where such a claim would not have been filed within 365 days, the claim shall be forever enforceable in justice.

Article 15 – Inaccuracies

It may be possible to find in the website and services offered, and in a limited extent, some inaccuracies or errors, or information that disagree with the General Terms, legal notice or Personal Data Charter. Furthermore, it may be possible that some unauthorized  modifications are being done by third parties on the website or on annex services (social medias,…). We do our best for those kind of deviations to be rectified.

In the case where such a situation would escape us, thank you for contacting us by post letter of by email (at indicated email addresses in the legal notice) with, if possible, a description of the error and the location (URL), as well as the accurate information in order for us to contact you. For demands related to the copyright, thanks for referring to the section on the Intellectual Property.

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