Terms and Conditions

Terms and Conditions

The following are terms of a legal agreement between you and Mykon bvba (‘HAPPYMETRIX’). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this website.

HAPPYMETRIX may at any time revise these Terms of Use and any other information contained in this website without notice. HAPPYMETRIX may also make improvements or changes in the products, services, or programs described in this website at any time without notice.

Use of this site – use of software

This website and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without HAPPYMETRIX's prior written consent, except that HAPPYMETRIX grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.

Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices, in addition to the present Terms of Use. You agree to such license terms, conditions and notices by installing, copying or using the software. The software is made available for downloading solely for use by end users according to applicable terms, conditions and notices. Any reproduction or redistribution of the software not in accordance with such terms, conditions and notices is expressly prohibited.

Your failure to comply with the terms, condition and notices on this website or applicable to specific materials, information, products, software, and services offered through this website, will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the first paragraph, HAPPYMETRIX does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media.

Information from the customer

Please note that any information or material sent to HAPPYMETRIX will be deemed NOT to be confidential. By sending HAPPYMETRIX any information or material, you grant HAPPYMETRIX an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that HAPPYMETRIX is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Personal data – privacy protection

Data of a personal nature, including electronic data (e-mail address, telephone number, login code, password, etc.) that you communicate to HAPPYMETRIX or that HAPPYMETRIX allocates to you, are contained in the HAPPYMETRIX database. HAPPYMETRIX is responsible for processing the data and the relative data files are located at the registered office of HAPPYMETRIX. The processing of this data is subject to the provisions of the Data Protection Act of 8 December 1992. This data may be shared with affiliates of HAPPYMETRIX and/or with companies with which HAPPYMETRIX has contracted an agreement for the provision of services and which may be established in a country that is not a member of the European Union and may or may not offer adequate levels of protection. The data are processed for the purpose of [CHECK: performance of an agreement between the customer and HAPPYMETRIX, customer management, plus marketing with regard to HAPPYMETRIX services and products].

By sending a signed, dated request to HAPPYMETRIX’s registered office, you may inspect the personal data relating to you and stored in the HAPPYMETRIX files and request that they be amended. Similarly, you may object to use of your personal data, including your electronic data, for marketing purposes. By revealing your personal details, you expressly authorize HAPPYMETRIX to process them as described above, with a view to the purposes set out above. With regard to the data banks referred to in this clause, you may also obtain additional information by enquiring with the Public Register of the Privacy Commission (www.privacycommission.be).

Links to third party sites

This website may provide links or references to third party websites and resources. HAPPYMETRIX makes no representations, warranties, or other commitments whatsoever about any third party websites or third party resources that may be referenced, accessible from, or linked to the HAPPYMETRIX website. A link to a third party website does not mean that HAPPYMETRIX endorses the content or use of such website or its owner. In addition, HAPPYMETRIX is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this HAPPYMETRIX website. Accordingly, you acknowledge and agree that HAPPYMETRIX is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. When you access a third party website, it is up to you to take precautions to protect yourself from viruses and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this website must be approved in writing by HAPPYMETRIX, except that HAPPYMETRIX consents to links in which the link and the pages that are activated by the link do not: (a) use any techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with HAPPYMETRIX; (c) imply that HAPPYMETRIX approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about HAPPYMETRIX or otherwise damage the goodwill associated with the HAPPYMETRIX name or trademarks. As a further condition to being permitted to link to this site, you agree that HAPPYMETRIX may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any HAPPYMETRIX trademark.

Disclaimer of warranty

Use of this website is at your sole risk. All materials, information, products, software, programs and services are provided “as is” with no warranties or guarantees whatsoever. Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. HAPPYMETRIX expressly disclaims, to the fullest extent permitted by law, all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, HAPPYMETRIX makes no warranty or guarantee that this website will be uninterrupted, timely, secure or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result therefrom, including loss of data or damage to your computer system.

Limitation of liability

In no event will HAPPYMETRIX be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if HAPPYMETRIX is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories. It applies to the fullest extent permitted by law.

Jurisdiction and applicable law

These Terms of Use shall be governed by and construed in accordance with Belgian law. Any dispute concerning these Terms of Use, that cannot be settled amicably, is within the exclusive jurisdiction of the courts in Brussels, unless special legislation should impose some other jurisdiction.

Additional or different terms

Additional or different terms, conditions and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.

Contact

Any questions or communications regarding these Terms of Use should be addressed to:
By post : happymetrix, Eekhoornlaan 6a, B-3210 Linden
Via the website: www.happymetrix.com

Version: October 2015