CONDITIONS OF USE PARC
The Platform as a Service (PaaS)-application PARC (hereinafter: the “Platform”) is an initiative of:
ParcLife NV (hierna “PARC”, “Wij” en “Ons”)
Phone: +32 485941908
PARC wants the Platform to keep evolving with the aim of ensuring ease of use for our users: parents. We will at all times take into account the feedback of the parents. We are open to tips, remarks and questions concerning our services and we promise to react swiftly to every message we receive.
Please do not forget to always mention all useful contact information, so that we can provide you with to-the-point answers.
1 IntroductioNThe Platform is an extensive and reliable organisation tool by parents for parents. The Platform offers parents the opportunity to easily share information about their children with other parents. By means of this useful, user-friendly, safe and closed network, PARC aims at making the life of parents easier.
The use of the Platform goes hand in hand with certain rights and obligations as determined in these Conditions of Use. The term ‘Platform’ is understood to mean the set of websites and applications that is made available under the designation ‘PARC’. The User is also expected to examine our Privacy Statement and all other rights and obligations that are clearly mentioned on the Platform.
These Conditions of Use apply to us, PARC, as well as to the User. A “User” (hereinafter also “You”) within the meaning of these Conditions of Use is anyone who visits and uses our Platform in order to retrieve information, regardless of any registration.
Every User who consults and/or uses the Platform, declares to be aware of the Conditions of Use and to accept the full implementation thereof. In that respect, PARC urges every User to carefully study these Conditions of Use prior to the use of the Platform as well as in the event of any notified adjustments.
Anyone who uses our Platform on behalf of a company or another legal entity is also personally bound to this agreement as User. This regardless of the existence of a separate agreement between PARC and the company or legal entity in question.
Exceptionally, derogations to these Conditions of Use are permitted insofar as these derogations are accepted by all parties and confirmed in writing. These derogations apply only to replace or complement the clauses to which they relate. They are without prejudice to the application of the other provisions in these Conditions of Use.
2 RegistratiONThe User who wishes to gain access to certain functionalities and specific information on our Platform has to register. In order to register, the User has to be at least 18 years old. It is fully at PARC’s discretion to determine the registration conditions and to change these conditions at any time.
When registering, the User has to create a personal profile (hereinafter “User Account”) on the basis of correct, truthful, up-to-date and complete information. Depending on the capacity of the User, it can be imperative to mention certain information. This obligation applies both at the time of the creation of the User Account as well as for the future. It is the sole responsibility of the User to correct or erase outdated information.
Every User Account is strictly individual, personal and confidential. The User cannot transfer his User Account to third parties without the explicit consent of PARC. The User is exclusively responsible for all actions performed by means of the User Account. The User must also guard the confidentiality of the User Account, including the login details.
The User has to notify PARC about every infringement of the confidential character of his User Account. In such an event, PARC will take the necessary steps to restore confidentiality.
3 Right of use3.1 GeneralEvery User has a limited, revocable and non-exclusive right of access, use and display of the Platform, including the database and content (in short: right of use). The extent of this right of use can differ depending on a possible registration and the capacity of the User.
In no case does the User have the right to sell, republish, redistribute, license or in any other way transfer the Platform, the underlying database and the content to a third party without the prior written consent of PARC.
The User can terminate his right of use at any time and unconditionally by ceasing the use of the Platform. Such a termination does not bring about the automatic deletion of the User Account. If the User wishes to delete his User Account he should submit a dated and written request to PARC, by post or per e-mail to email@example.com. PARC undertakes to comply with this request within fifteen (15) working days after the request of the User.
3.2 Limitations to the right of useThe right of use is limited in the sense that the User should refrain from any actions that have or could have a harmful impact on the proper functioning and safety of the Platform and the other Users and/or on the use of the Platform. The use of the Platform may not be in violation of these Conditions of Use, the applicable law, the rights of third parties and/or the generally accepted Internet code of conduct.
The following actions are absolutely prohibited:
· Using software programs that focus on the collection and acquisition of data. This includes spiders, crawlers, robots and similar software, but is obviously not limited to those listed.
· Using the Platform and its data for spamming, chain letters, junk mail and/or similar variations.
· Stalking other Users and/or trying to convince them of political and/or religious beliefs.
· Violating the confidential character of other User Accounts or accessing other User Accounts without authorisation.
· Using a false or foreign identity and/or data upon the registration.
The above enumeration is in no way exhaustive.
3.3 MeasuresPARC can take all necessary and reasonable measures when the User acts in violation of the Conditions of Use, the applicable law, the rights of third Parties or general accepted rules of conduct of the Internet. PARC preserves a large margin of appreciation to take punitive or remedial measures and to determine the scope of that measure. Measures will always be in proportion to the violation.
PARC has the possibility to temporarily or permanently suspend the right of use and to delete a User Account. In addition, PARC can limit the general access of the User to the functionalities on the Platform, in part or completely and temporarily or permanently.
When acquired by the situation, the above-mentioned measures can be taken without prior warning. The Licensee does not have the right to ask reimbursements or damages for measures taken. The User has no right to request a refund or compensation for measures taken.
If the User finds that the measure taken is inappropriate or unfounded, he must bring this to the notice of PARC within fifteen (15) calendar days after taking the action. PARC will take these arguments into account upon assessment without being obliged to nullify the original measure(s).
4 OUR OBLIGATIONS4.1 Our values, proper functioning, security and accessibilityYou can be rest assured: we offer a user-friendly Platform that is secure for every User. We take all reasonable measures that are necessary to ensure the proper functioning, safety and accessibility of our Platform. This refers to both technical, non-technical and organizational measures. Yet, we cannot give any absolute guarantee in this regard, and one must consider our actions as an obligation of means.
Every use of the Platform is always at the User’s own risk. This means that we can never be held liable for damages arising from malfunctions, interruptions, harmful elements or defects of the Platform, regardless the existence of force majeure or an external cause. PARC puts its Platform “AS IS” and “AS AVAILABLE” at the disposal of the Users, which means without any explicit or implicit guarantee concerning the proper functioning, security and accessibility.
PARC can apply a temporary or permanent limitation of access to certain functionalities or a temporary or permanent restriction from the right of use, even without prior warning. In principle, we will only take such measures when justified by the circumstances. This is however no absolute condition. For more information about possible measure, please go to article 3.3 of these Conditions of Use.
4.2 Content on the PlatformPARC takes all necessary and reasonable measures to ensure that the information presented on the Platform is complete, correct, up-to-date and accurate. PARC can however not give any guarantees with regard to the quality and completeness of the information on the Platform. As a consequence, PARC cannot be held liable for (direct and indirect) damages suffered by the User as a result of the information on the Platform.
In the event that certain content on our Platform should entail an infringement of our Conditions of Use, the applicable regulations and/or a violation of the rights of third parties, and/or simply is not acceptable, we ask you to notify us as soon as possible. We will act quickly to make sure the reported content is modified, supplemented or deleted (in part or completely).
5 LIABILITYPARC is only liable for any imputed serious or repeated minor contractual and / or non-contractual breach caused in the performance of its obligations under these Conditions of Use. This liability is limited to direct damages resulting from the shortcomings and can never exceed the absolute maximum of € X.
PARC is in no way liable for any indirect damages that arise from her shortcomings. Indirect damages certainly include any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, damages for loss of clients and/or potential.
This list is only indicative and certainly not exhaustive.
PARC is not liable for any kind of loss and/or damages on the part of the User or a third party as long as PARC acts in accordance with her Conditions of Use and her Privacy Statement. In addition, PARC is in no way liable for the actions and the resulting damages caused by its Users and/or third parties.
PARC does not exclude its liability in case of fraud or wilful misconduct on the condition that the fraud or wilful misconduct is attributable to PARC. The liability for bodily injury and death is excluded to the extent legally possible.
If PARC is prevented to fulfil all or part of its obligations to the other party due to circumstances beyond its control, there will be force majeure. Force majeure is interpreted very broadly and also includes the acts of third parties. PARC is in that case entitled to suspend its obligations for the duration of the force majeure.
In the event that the liability of PARC is at stake as a result of a contractual or extra-contractual shortcoming imputable to User and/or PARC suffers any damages, losses or costs (including costs for legal aid), the User has to take all necessary measure to indemnify PARC against these adverse effects.
6 Links TO OTHER WEBSITESThe content of our Platform can contain a link, hyperlink or framed link to external websites or other electronic portals. This does not necessarily mean that there is a connection between us and the external website, nor that we (implicitly) agree with the content of those websites.
We do not verify these external websites and we are not responsible for the secure and proper functioning of the link and the ultimate destination. The User who clicks on a link, leaves our Platform. PARC cannot be held liable for any damages arising from the consultation or use of the external website. These external websites may not offer the same guarantees as we do. We recommend the User to carefully read the Conditions of Use and Privacy Statement of these external websites.
In principle, the User is free to put a link, hyperlink or framed link to our Platform. We do however reserve the right to demand the deletion at any time without giving due cause.
7 PRIVACYPARC attaches great importance to privacy. That is why we want to inform our Users, to the fullest extent possible, about our policy concerning personal data. The User can be rest assured that PARC takes the utmost care when processing personal data. PARC guarantees that the processing and collection of personal data will at any time be done in accordance with the applicable privacy legislation, being the EU Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR).
Anyone who uses our Platform will in most cases disclose certain personal information. The degree of collection and processing of personal data depends of course on the use and a possible registration.
By registering, the User agrees that we can open, store and publish the data provided in accordance with the purpose of our Platform.
Whenever a User registers, personal data are collected and processed to the extent that it is necessary for the proper functioning of the Platform. Personal Data will only be processed for internal use within PARC. Personal Data will not be sold, transferred or communicated to third parties, unless the User has given us explicit consent to do so. In this way Personal Data can be passed on to companies that make it possible to share your location on our Platform. Anonymous data can be transferred to third parties for statistical purposes. In the latter case it is not possible to still identify the User.
PARC considers the provision of inaccurate or false information as a violation of the Conditions of Use. In this case PARC has the right to postpone certain expected actions temporarily or permanently. For more information about the guarantees with regard to the protection of your Personal Data,
we kindly refer you to our Privacy Statement.
8 IntellectuAL PROPERTYCreativity deserves protection, and so does our Platform and its content. This protection is provided by intellectual property rights which belong to all entitled parties, being PARC and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, etc. All this content is protected by copyright, software rights, database right, design and model rights and other applicable (intellectual) property rights. The technical character of our Platform is protected by copyright, software rights and database right. PARC ™, her tag lines, logo(s), color combination and every trade name that we use on our Platform ourselves are also protected by the applicable intellectual property rights. We ask our Users not to use and/or modify the intellectual property rights as described in this article, without the consent of the entitled party.
The User undertakes not to violate the intellectual property rights of PARC or any other party in any way. PARC can in no way be held liable should the User violate the intellectual property rights of third parties. Possible factual or legal consequences are thus fully for the account of the User.
9 MISCELLANEOUSPARC is free to modify, expand, limit or terminate the Platform at all times. The use of this right requires no prior notice and does not give rise to a compensation.
The nullity or invalidity of (a part of) a provision of these Conditions of Use does not affect the applicability of the remaining provisions. The disputed provision is considered to stand alone. PARC has the right to replace the provision by a valid provision of similar purpose. The use of (sub-)titles in the Conditions of Use has a purely illustrative value.
These Conditions of Use are exclusively governed and interpreted in accordance with Belgian law. In case of dispute concerning the validity, interpretation, enforcement and performance of these Conditions of Use, parties are committed to resolve disputes as much as possible in mutual consent. If no amicable solution can be achieved, the dispute will be submitted to a centre for arbitration and mediation (such as CEPINA) or a competent court. Disputes fall under the competence of the courts of the judicial district Antwerp.
© 2018 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (conditions of use and privacy statement) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (firstname.lastname@example.org). deJuristen thus retains all relevant intellectual property rights.