Article 1 – Information about Food Impact1.1.
The website at http://www.isali.com (hereinafter the “Site”) is operated and directed under the responsibility of FOOD IMPACT S.A. (hereinafter “Food Impact”), whose registered office is situated at 83 Avenue Paul Hymans, 1200 Woluwe-Saint-Lambert, registered with the Crossroads Bank for Enterprises under number 0451.284.877.
Any question or complaint relative to the use of the Site or the way it operates should be sent to Food Impact, using the contact form available on Site.
Access to and use of the Site are subject to these General Terms and Conditions of Use (hereinafter the “Conditions”) and the Privacy Charter, as well as to all applicable laws and regulations. This means that access to the Site implies the Internet user’s full and unreserved acceptance of these Conditions and the Privacy Charter.
Both the Conditions and the Privacy Charter exclusively govern the relationship between the Internet user who simply views the Site (hereinafter the “User”) or the User who registers on the Site as a member (hereinafter the “Member”) and Food Impact, relative to use of the Site. They supersede any other general terms and conditions, documents or agreements between the parties.
The Conditions may be viewed at any time at the following address:
Food Impact reserves the right to modify and to update at any time, without notice, these Conditions, access to the Site and the contents of the Site. All of these modifications are imposed on Users and Members each time they access the Site. Food Impact therefore recommends viewing them regularly.
In the event of divergences between the language versions of the Conditions and the Privacy Charter, the French-language version shall prevail version.
Article 2 – Description of the Site
2.1. General description
The Site aims to provide Users with a window on to the range of products under the ISALI brand. The Site also makes it possible to register as a Member using the registration form available on the Site (“Privilege Member” tab) in order to access certain additional functionalities “Members Space”).
2.2. Functionalities offered to Members
Members who are properly registered on the Site have access to a Members Space that provides the following functionalities:
– Receive e-coupons for products of the ISALI brand;
– Enter competitions organised in partnership with Food Impact;
– Subscribe to the newsletter to receive information in particular about new features and information linked to products of the ISALI brand.
If personal data is processed in the context of using the Site, such as when registering as a Member, this data will be processed in line with the Privacy Charter. Individual Members may at any time request the deletion of their registration as Member. Their data will then be deleted as soon as possible.
Food Impact reserves the right to add, remove or modify the functionalities offered, at its sole discretion, at any time and without notice.
2.3. Rights and obligations of Members
Members agree to comply with all lines of conduct or requirements stated on the Site, as well as with all reasonable requests or instructions issued by Food Impact in association with the Site.
Members are required to ensure that all of the information provided is accurate and kept up to date.
Members are responsible for the use of and access to their account. In this regard, Members must ensure that no other person has access to the Site using their password. Should a Member become aware that another person is accessing the Site using the Member’s password, the Member will notify Food Impact immediately, using the contact form available on the Site.
Members are entirely and solely responsible for any activity carried out using their account and Food Impact cannot be held responsible for any loss or damage whatsoever that a Member may suffer as the result of the unauthorised use of his or her password by another person, even without the Member’s knowledge.
Article 3 – Intellectual property rights
The Site and its components (brands, logos, graphics, photographs, animations, videos, music, texts, etc.) are the property of Food Impact or its partners. They are protected by intellectual property rights (in particular copyright and related rights, brand rights, etc.) and therefore may not be reproduced, used or disseminated without the prior written authorisation of Food Impact or, where appropriate, the holder of the rights in question. Otherwise this will be deemed a copyright infringement offence and/or breach of drawings and models and/or trademark, and is punishable by law.
Food Impact grants the User a non-exclusive, non-transferable licence for an indefinite period, which can be revoked at any time without stating grounds, to access, display and download the contents of the Site solely for the requirements of displaying them. Users may also print out a copy of the copy displayed on the Site for personal needs, subject to not altering in any way the contents of the Site and on condition that all of the Site’s paternity and origin statements are retained. Users also undertake not to bypass the technical devices used to protect the documents and multimedia elements. Reproduction is therefore only permitted for strictly personal purposes, pursuant to article XI.190 5° of the Code of Economic Law.
Creating a hypertext link redirecting the User to the Site’s homepage at http://www.isali.com is permitted, to the exclusion of any other address. Any hyperlink to a page internal to the Site is therefore forbidden, except if the express prior consent of Food Impact is granted.
All use of the Site and its components not dealt with by this article is forbidden.
Article 4 – Responsibility associated with use of the Site
4.1. Accessibility and function of the Site
Food Impact will ensure, to the extent possible, that the Site remains accessible to a normal number of Users. However, Food Impact does not guarantee that the functionalities of the Site will be available without interruption or error, that faults will be corrected or that the Site and the server making the Site available are free of viruses or other harmful elements. Food Impact also reserves the right to suspend or halt all or part of the Site at any time and without prior warning.
Food Impact cannot be held liable for any loss and/or damage of any kind that may arise from the suspension, interruption, (technical) disruption, slowing down, difficult accessibility and/or the cessation of access to all or part of the Site or from viruses or other harmful elements that may be present on the Site.
If Users note the presence of a virus or other harmful element on the Site, they are invited to notify Food Impact, using the contact form on the Site so that the necessary measures can be taken. In any event, Food Impact advises Users to install firewalls, anti-virus programs and other protective software on their computer in order to prevent it from sustaining any damage.
4.2. Use of the Site
The information provided on the Site (particularly the nutritional data for the products presented) is purely indicative and in no way constitutes contractual or exhaustive data. For the purposes of verification, Users should refer to the information stated on the packaging of the products in question, or else to contact Food Impact.
Members and Users use the Site at their own risk. The Site, its components and all information, software, installations and related services are provided as-is, in line with availability with no guarantee of any kind (either explicit or implicit) and within the limits of the applicable law.
Food Impact declines any liability in the event of any loss or damage (direct, indirect, material or immaterial) resulting from use of the Site and its components, or from any inability to use the Site.
4.3. Links to and at other sites
Hypertext links to other websites may be featured on the Site. Also, certain other websites may include a link to the Site. These third-party sites are not controlled by Food Impact, which can therefore accept no liability as to their function, contents and use. Unless expressly stated otherwise by Food Impact on the Site, the existence of any such links in no way implies the approval of Food Impact regarding these third-party sites or any use that may be made of them, nor of any association or partnership with the operators of these sites.
Article 5 – Validity of contractual clauses
Food Impact’s failure to invoke a provision of the Conditions at any given time cannot be interpreted as a waiver of its rights arising therefrom at a later time.
The nullity, non-applicability or unenforceable nature or all or part of one of the provisions above or below will not infer the nullity of all of the Conditions. Any provision that is totally or partially null and void, non-applicable or unenforceable will be deemed unwritten. Food Impact undertakes to replace this provision with another that will perform, insofar as this is possible, the same function.
Article 6 – Applicable law and jurisdiction
These Conditions are governed, interpreted and applied in accordance with Belgian law.
The courts and tribunals in the district of Brussels have sole jurisdiction to hear any dispute concerning these Conditions.