Terms of use of website and protection of personal data

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• Article 1. – General provisions – contact details of the owner of the sites
• Article 2. – Use of the Sites
• Article 3. – Copyright and the right of the producer of a database
• Article 4. – Trademarks and trade names
• Article 5. – Liability
• Article 6. – Respect for private life – treatment of personal data
  • Permission to access
  • Right of rectification
  • Right to limit treatment
  • Right to erase data („right to be forgotten”)
  • Right to data portability
  • Right of complaint
• Article 7. – Hyperlinks
• Article 8. – Cookies
• Article 9. – User Contribution
• Article 10. – Jurisdiction and applicable law

Article 1. – General provisions – contact details of the owner of the sites

These terms and conditions (hereinafter „Terms”) apply to the use of the all websites (including mobile sites), including elements and applications, created or owned by the entity whose full contact information is included in the “contact” page (hereinafter „ONLYUP S.R.L.”) (hereinafter „bodyandroll.com”). The term User refers to any person who accesses the Sites (hereinafter „User”).

By using the Sites, the User fully and unconditionally accepts the Conditions that apply to them and agrees to respect them.

If the Users refuse the Terms, they are obliged to refrain from any use of the Sites and/or Services.

In the event of the non-compliance with the Conditions, ONLYUP S.R.L. reserves the right to refuse access to the Sites, without prejudice to its right to demand compensation from any third party for all direct and indirect damages that may result from this non-respect.

ONLYUP S.R.L. reserves the right to partially or fully adapt the Terms of Use at any time without prior notice.

It is, therefore, advisable to consult the Terms of Use regularly to always be aware of the most recent version.

Article 2. – Use of the Sites

The use of the Sites is in principle free. To use certain Sites, the User must register, communicate certain data and/or create an access code and/or a password.

In case of refusal of the User, the use of the relevant parts of the Sites will not be possible.

In case of paid use of certain Sites, the User will be informed in advance of applicable conditions, prices, and method of payment.

ONLYUP S.R.L. provides the Site User with a non-exclusive and non-transferable license, for an indefinite period, allowing the user to download the content of the Sites for the sole purpose of displaying it on a single computer.

This license is however revocable at any time, without justification.

The Users may also print a copy of the contents of the Sites, for their personal use and without any modification to the content.

The Sites may only be used for personal and private purposes for individuals and for exclusively internal purposes for professionals.

Therefore, any use of the Sites for commercial purposes is strictly prohibited.

Users undertake not to do anything that could destroy the Sites or disrupt the proper functioning of the Sites.

In case of abuse or misuse, the Company reserves the right to suspend and/or remove the access of the User to the Sites without notice or warning.

Article 3. – Copyright and the right of the producer of a database

All copyrights, trademarks, patents, intellectual property rights, and other proprietary rights in the Sites belong to the Company at all times.

The Sites and/or Services constitute both a copyrighted work and database in which ONLYUP S.R.L. owns the copyright and the rights of the producer.

Texts, layouts, drawings, photos, films, graphics and other elements of the Sites are protected by copyright.

Copying, adaptation, modification, translation, arrangement, public communication, rental or any other form of exploitation of all or part of the Sites, in any form whatsoever and by any means whatsoever including electronic, mechanical or otherwise, is strictly prohibited without the prior written permission of ONLYUP S.R.L.

Any infringement of these rights is liable to civil or criminal prosecution.

Article 4. – Trademarks and trade names

The names, logos, and other signs used on these Sites (including logos and names of ONLYUP S.R.L.) are legally protected trademarks and/or trade names.

Any use of these or similar signs is strictly prohibited without the prior written permission of the Company.

Article 5. – Liability

ONLYUP S.R.L. will make every effort to ensure the proper functioning of the Sites.

Except in the case of intentional breach and/or contrary mandatory legal provisions, ONLYUP S.R.L. assumes no responsibility for any loss or damage (direct, indirect, material, immaterial, etc.) resulting from:

(1) The content of the Sites. ONLYUP S.R.L. does not guarantee the accuracy, sufficiency or completeness of the information on the Sites. The information available on the Sites, in particular those relating to products and services offered for sale, are subject to change without notice. The Company takes the greatest care in creating, updating and maintaining the site. If the Users should, nonetheless, find on the site, the presence of inaccurate or obsolete information or harmful or unlawful content, or if they should consider that one of their rights (intellectual or otherwise) was violated the users are urged to point it out

(2) the use of the Sites

(3) the security of the Sites. This provision applies in particular to any viruses, errors or computer fraud

(4) the accessibility/ availability of the Sites. ONLYUP S.R.L. does not guarantee the permanent availability, via all technical means, without error or interruption, of all the functions of the Sites or the immediate repair of errors or the immediate restoration of interruptions

ONLYUP S.R.L. also has the right to refuse access to the Additional Sites and Services or terminate them at any time without prior notice.

ONLYUP S.R.L. can in no way be held responsible for services and/or products, or their billing, if these are offered by third parties and accessible via the Sites, not even if the Company received a payment for this purpose or whether it billed these services and/or products on behalf of third parties.

In cases where the responsibility of ONLYUP S.R.L. is engaged, its liability is limited to the sum of 100,00€. The foregoing limitations and/or exclusions of liability in the name of ONLYUP S.R.L. apply as long as they are valid under the applicable law.

Article 6. – Respect for private life – treatment of personal data

The Company and the User undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 (RGPD).

ONLYUP S.R.L. collects and processes the identity data and the contact information it receives from the User and any other useful contact person. The purposes of these treatments are the execution of an agreement, the management of customers and their order, accounting and direct marketing activities, such as the sending of promotional or commercial information. The legal bases are the execution of a contract, the consent of the User, the respect of legal and regulatory obligations and/or the legitimate interest of ONLYUP S.R.L.

The aforementioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation and will only be transmitted, except with the consent of the User, to the subcontractors, addressees and/or third parties as far as necessary for the aforementioned purposes for said treatment.

The Users are responsible for the correctness and maintenance of the personal data that they provide to ONLYUP S.R.L. and undertake to strictly comply with the provisions of the General Data Protection Regulation with regard to persons whose personal data it has transmitted, as well as any personal data it may receive from its own customers.

Personal data is stored and processed for a period of time depending on the purpose of the processing and the relationship (contractual or otherwise). Users’ data will, in any case, be withdrawn from our systems after a period of 7 years or in the case of a contract, after a period of 7 years following the end of the latter, except as regards data of a which we are required to keep for longer on the basis of specific legislation or in the event of ongoing litigation for which personal data are necessary.

Right to access: the Users have the right to ask at any time if their data have been collected, for how long and for what purpose.

Right of rectification: the Users have the right to request that their false or incomplete data be corrected or completed at any time upon request.

Right to limitation of treatment: the Users may request a limitation of the processing of their data. This means that the data in question must be “marked” in our company system and cannot be used for a certain period of time.

Right to erase data (‘right to be forgotten’): subject to the exceptions provided by law, the Users have the right to demand that their data be erased. If the Users wish to disable the possibility for ONLYUP S.R.L. to proceed with the use of their data, they simply have to write to the address listed in Article 1.

Right to portability of data: the Users may request that their data be transmitted to them in a “structured format, commonly used and readable by machine”.

Right of complaint: the User can lodge a complaint with the data protection authority.

ONLYUP S.R.L. undertakes to implement the technical and organizational measures ensuring an adequate level of security to protect the confidentiality of the data. The Company notifies the customer of any violation of personal data of which it is aware.

Surveillance camera system is being provided by Verisure Belgique. Their terms and conditions apply (www.verisure.be)
The booking and payment system is provided by Salonkee S.A. Their terms and conditions apply. (www. salonkee.be)

Article 7. – Hyperliens

The Site may include links to other websites. In so far as, ONLYUP S.R.L. cannot control these sites, it cannot be held responsible for the availability of these sites. It cannot accept any responsibility for the content, advertisements, products, services or any other material available on or from these sites. In addition, ONLYUP S.R.L. cannot be held responsible for any damage or loss proven or alleged consecutive or in connection with the use or the fact of having trusted the content, goods, or services available on these sites.

Article 8. – Cookies

A cookie is a small text, file saved by the server of a website in the browser of your computer or mobile device when you visit this website. The cookie contains a unique code to recognize your browser during your visit to the website (“session cookie”) or during future repeated visits (“permanent cookie”). Cookies can be placed by the server of the website you visit or by partners with whom this website collaborates. The server of a website can only read the cookies it has placed itself; it does not have access to any other information on your computer or mobile device. Cookies are stored on your computer or mobile device in your browser directory. The content of a cookie typically consists of the name of the server that placed the cookie, an expiration date, and a unique encrypted code. Cookies provide generally easier and faster interaction between the visitor and the website. In addition, they help visitors navigate between different parts of the website. Cookies can also be used to make the content of a website or advertisement presents on this site more relevant for the visitor and to adapt the website to the personal tastes and the needs of the visitor.

Functional cookies are required to visit the Sites and the use of certain parts of them. These cookies allow you, for example, to navigate between the different sections of the websites, complete forms, place orders, consult a multilingual website and update the contents of your basket. Similarly, when you want to access your personal account, for example in your administration area or another application at your disposal (Ex. Extranet, webmail, etc.), cookies are essential to verify your identity before granting access to your personal information.

If you refuse these cookies, some sections of the website will not work as it should, or not at all.

The Sites place a cookie on your computer for the purpose of statistical analysis and audience measurement of the site and to simplify access to the site. This cookie records information relating to the navigation of visitors on the site. It stores information that you entered during your visit, namely visitor information about the visitor, such as the domain name and the host computer from which the visitor is browsing the Internet Protocol (IP) address. The computer used, the date and time the visitor navigated to the Sites and the URLs from which the visitor moved to the site.

Article 9. – User Contribution

Users may communicate content (video, audio, text, photo material) to certain places on the Sites (hereinafter „Contributions”). Users provide the Company with the explicit authorization to reproduce these Contributions on the Sites and thus make them public via the Internet, throughout the world and without limitation, without being able to claim any financial or other compensation or consideration. Users are fully and solely responsible for the content of their Contributions and the consequences of their dissemination via the Sites.

Users warrant to have all the rights and/or authorizations necessary for the publication of their Contributions on the Sites as described above.

Users guarantee ONLYUP S.R.L. against any complaint, claim or action of third parties or any control body in connection with their Contributions.

ONLYUP S.R.L. does not exercise prior control over the Contributions. However, it reserves the right not to distribute or remove from its Sites any illegal Contribution or any Contribution that may reasonably be supposed to infringe the rights of third parties without first notifying the User who has transmitted the content in question.

Article 10. – Jurisdiction and applicable law

Belgian law applies to the Sites and the courts of the judicial district of the registered office of ONLYUP S.R.L. are only competent in case of disputes resulting from the use of the Sites.ONLY