General Terms of Use

Table of Contents

  1. PREAMBLE
  2. ACCEPTANCE OF THE TERMS OF SERVICE
  3. TERMS OF ACCESS TO THE SERVICE
    3.1 ACCESSIBILITY
    3.2 USER ACCOUNT
    3.3 USER OBLIGATIONS
    3.4 PROHIBITION OF ILLEGAL OR UNLAWFUL USE
  4. WARRANTY AND LIABILITY
    4.1 QUALITY OF INFORMATION AND CONTENT
    4.2 SECURITY / ACCESS
    4.3 UPDATES
    4.4 DAMAGES
  5. HYPERLINKS TO OTHER SERVICES
  6. INTELLECTUAL PROPERTY
    6.1 EURHECA'S INTELLECTUAL PROPERTY
    6.2 YOUR INTELLECTUAL PROPERTY
  7. PROCESSING OF PERSONAL DATA
  8. ACCOUNT DELETION
  9. DELETION OF CONTENTS
  10. MISCELLANEOUS PROVISIONS
    10.1 AMENDMENT OF THE TERMS AND CONDITIONS
    10.2 AGREEMENT ON EVIDENCE
    10.3 SEVERABILITY
    10.4 FORCE MAJEURE
    10.5 RELATIONSHIP BETWEEN THE PARTIES
    10.6 NOTIFICATION
    10.7 GOVERNING LAW AND JURISDICTION

 

  1. Preamble

The EurHeCA platform (hereinafter "the Service") is a platform for exchanging ideas and information, and for building a community of interest around best practices to protect patient health. EurHeCA allows you to upload your content, view content from other users, and receive information about upcoming events organized by the EurHeCA association (hereinafter "we") or by other users.

These General Terms of Use (hereinafter "GTU") of EurHeCA and the Personal Data Protection Charter constitute the entire contractual framework (the "contractual framework") between the user and EurHeCA regarding access to and use of the Service, and apply to any use of the EurHeCA platform by anyone (hereinafter "the user" or "you"). They supersede and replace any prior communications—oral or written—that may relate to them.

It is important to read, understand, and accept each of the following terms, as any use or provision of services on the EurHeCA platform is subject to this contractual framework. If you do not agree to these terms, do not use EurHeCA.

This Preamble forms an integral part of the Terms of Service.

 

  1. Acceptance of the Terms of Service

You may not create an account or use EurHeCA if you are under 13 years of age. In addition to meeting this minimum age to use EurHeCA, you declare that you are old enough to fully understand, accept, and comply with the contractual framework in the jurisdiction from which you access EurHeCA.

If you lack the legal capacity to enter into this contractual framework yourself, your parent or legal guardian must accept it. In this case, you must contact us using the contact form available on our website. We will then send you a hard copy of the contractual framework by mail, along with the necessary instructions to ensure a valid agreement.

Using EurHeCA implies your full and unconditional acceptance of the Terms of Service. If you do not accept or are unable to accept the Terms of Service, you may not use EurHeCA and must leave the Service immediately.

 

  1. Terms of Access to the Service

3.1 Accessibility

To the extent possible, EurHeCA strives to maintain the Service accessible 24 hours a day, 7 days a week.

EurHeCA reserves the right to terminate, suspend, or modify access to all or part of the Service without prior notice, in order to perform maintenance or upgrades, or for any other reason, including technical reasons, without such actions creating any obligation on the part of EurHeCA or entitling you to any compensation.

3.2 User Account

Creating an account requires the user to log in. Access to the user account is restricted to the user after login using their full name and a password they have freely created.

When creating and registering this account, the user agrees to provide accurate, complete, and up-to-date information.

You remain solely responsible for the information stored in your account. You can add, modify, or delete the information stored in your account at any time.

You acknowledge that your password is strictly personal and confidential. Using your username and password online is at your own risk. You are responsible for taking all necessary measures to protect your data against any attack. EurHeCA cannot be held liable for any unauthorized access to your account or any modifications made to it.

You can delete your account at any time by following the appropriate procedure available on the EurHeCA platform via the "delete account" link in your account settings.

3.3 User Obligations

By using the EurHeCA platform, you warrant and represent that:

  • you have the legal capacity to enter into this agreement;
  • you have read and agree to these Terms of Service and have reviewed the Privacy Policy;
  • you are responsible for all use you make of the Service or any use made by a person using your username and password.

You understand that everything you publish via EurHeCA is your sole and exclusive responsibility.

You therefore acknowledge that you are responsible for the content you publish on EurHeCA, whether by yourself or through your account, for all consequences that may arise from your contributions, for any breach of your obligations under applicable laws or these Terms of Service, and for all consequences of such a breach.

3.4 Prohibition of Illegal or Unlawful Use

Please note that all applicable laws and regulations apply to the Internet. You certify that you will not use the Service for any illegal purpose or any purpose prohibited by law or these Terms of Service.

Without being exhaustive, you specifically agree not to:

  • intercept or attempt to intercept any email or other private communication not intended for you;
  • use any means that would limit the peaceful use of the Service by a third party;
  • send emails to other users for any reason other than individual communication and, in particular, use the Service as a means of mass communication to disseminate a general message unsolicited by the recipients;
  • falsely represent yourself as an employee, representative, or agent of EurHeCA;
  • use all or part of the data provided and collected on the Service for commercial purposes.

The content you provide on EurHeCA must not, without this list being exhaustive:

  • damage the image of EurHeCA or infringe applicable Belgian and European legislation;
  • be false, inaccurate, or misleading (it should, as far as possible, be authentic and verified);
  • be defamatory, unlawfully threatening, or harassing;
  • be obscene (pornography, child pornography), contrary to public order and morality;
  • include attacks or insinuations based on race, religious beliefs or lack thereof, ethnic origin, gender, or sexual orientation;
  • constitute, without limitation, incitement to commit crimes and offenses; incitement to discrimination, hatred, violence, or suicide based on race, ethnic origin, or nationality; contain false information or rumors; undermine the authority of the judiciary; include information relating to an individual's adoption, legal proceedings, suicide, or tax situation; include defamatory or insulting statements; infringe upon privacy; or consist of acts that endanger minors, including the production, transmission, and dissemination of messages of a violent or pornographic nature or of a nature that seriously undermines human dignity;
  • transmit unsolicited or unauthorized promotional messages (including spam, junk mail, chain letters, or any other form of solicitation);
  • Contain viruses, Trojan horses, or any other computer program designed to damage, intercept, or misuse a system, data, or personal information;
  • Infringe upon the rights of third parties, such as intellectual property rights or the right to privacy and personal data.

You must therefore ensure that all information and/or documents from third parties included in the content you provide are used with the express prior consent of the third party concerned.

Depending on your country of origin, you may also be subject to specific regulations with which you agree to comply.

  1. Warranty and Liability

The Service and its content are provided "as is" without any express or implied warranty regarding their conditions of use and/or availability.

4.1 Quality of Information and Content

EurHeCA is only bound by an obligation of means; it is not subject to any obligation of result of any kind.

In general, EurHeCA does not guarantee the completeness, accuracy, legality, reliability, or availability of the information content and services offered.

EurHeCA will use all available means to provide quality content to users, but cannot under any circumstances accept any liability for consequences resulting in particular from the use of these services by users or from the information provided through these services. This information is the sole responsibility of each user who provides, configures, modifies, and controls it.

4.2 Security / Access

EurHeCA makes reasonable and diligent efforts to maintain the security and operational integrity of the Service by adopting security measures appropriate to the nature of the data and the risks associated with its activities. However, many factors beyond EurHeCA's control may affect the operation of the Service. Therefore, EurHeCA does not guarantee continuous, uninterrupted, or secure access to the Service. Consequently, EurHeCA cannot be held liable under any circumstances for an interruption of access to the Service or any resulting consequences.

EurHeCA shall never be liable for any damage (direct or indirect) or any temporary or permanent incident that may be caused to the user's data or equipment while accessing the Service, viewing their account, or, more generally, while downloading the files and software that comprise the Service onto their device. In particular, EurHeCA is not responsible for any viruses that may be transmitted through its Service.

EurHeCA is not responsible for the fraudulent use of its distribution channels and disclaims all liability in the event of intrusion into its computer systems and data theft, it being understood that EurHeCA implements appropriate measures to prevent such illegal intrusions.

4.3 Updates

Despite efforts to ensure the accuracy of the information and/or documents on the Service, EurHeCA disclaims all liability, of any kind whatsoever, for any inaccuracy or failure to update any information or document on the Service.

4.4 Damages

To the extent permitted by law, EurHeCA shall not be liable for any damages suffered by the user due to force majeure or related to any commercial loss, loss of customers, damage to brand image, business problems, or any other special, incidental, or consequential damages arising out of or in connection with the Service or these Terms of Service.

 

  1. Hyperlinks to Other Services

The Service may link to other services over which EurHeCA has no technical or content control. The presence of a hyperlink to another service does not constitute an endorsement of that service or its content.

Consequently, EurHeCA provides no guarantee as to the completeness or accuracy of the content of these third-party services, nor as to their availability.

EurHeCA disclaims all liability for any direct or indirect damages resulting from visiting or using the services to which the Service links or from consulting any information contained on these services. EurHeCA also disclaims all liability for the processing of personal data on these services.

EurHeCA encourages users to review the terms of use and privacy policies of these third-party services.

 

  1. Intellectual Property

6.1 EurHeCA's Intellectual Property

EurHeCA grants the user only a free, personal, non-exclusive, and non-transferable right to access and use the Service, subject to compliance with these Terms of Service.

The user is thus authorized to use the Service's content for their personal information, as a source of information, or for data collection.

The Service (considered as an indivisible whole) and the various elements appearing on the Service (such as texts, photographs, catalogs, layouts, trademarks, logos, illustrations, specific software, and videos) are protected by intellectual property rights held by EurHeCA or its licensors. Where applicable, they have been authorized for publication, distribution, or use by these third parties.

The logo, product, service, or company names mentioned on the Service may constitute trademarks, trade names, or corporate names belonging to their respective owners. The user expressly agrees to respect these intellectual property rights.

Subject to the exceptions provided by law, and without this list being exhaustive, the user is prohibited from modifying, copying, distributing, transmitting, disseminating, publishing, licensing, transferring, selling, reproducing, or having reproduced all or part of the information, software, products, or services obtained from the Service, whether temporarily or permanently, by any means known or unknown, on any medium, without the prior written consent of EurHeCA. Failure to comply with this prohibition constitutes infringement for which the perpetrator may be held liable and subject to civil and criminal penalties.

You agree to indemnify and defend EurHeCA against any claim, demand, action, or proceeding brought by any third party against EurHeCA alleging that the Service, or your use thereof, infringes or misappropriates intellectual property rights and/or image rights. You shall hold EurHeCA harmless from all damages, losses, liabilities, costs (including reasonable legal fees), expenses, and other sums arising from any such claim to the extent of the amounts awarded by a final court decision relating to said claim, or agreed upon in an amicable settlement of such claim.

You must notify EurHeCA immediately by registered mail with return receipt requested of any claim of infringement. You must provide EurHeCA with all information in your possession concerning such claim and cooperate with EurHeCA in all matters relating to the defense, contesting, or settlement of the claim. If you fail to comply with these obligations, you will not be entitled to any remedy under the provisions of this article.

EurHeCA has no obligation to compensate you for any claims of infringement arising from your use of the Service that does not comply with these Terms of Service.

6.2 Your Intellectual Property

You retain intellectual property rights to the content you create, upload, and share (photos, texts, etc.). Unless explicitly stated in this agreement, nothing herein shall be construed as a transfer of title or ownership to EurHeCA with respect to your intellectual property rights, including, but not limited to, any transfer of copyright or intellectual property rights to the photos you upload.

However, in order for you to upload content to the EurHeCA platform, EurHeCA requires certain permissions. For any content you upload (photos, texts, etc.) protected by intellectual property rights, you grant us a free, worldwide, personal, non-exclusive, and non-transferable right to host, use, modify, transmit, transfer, reproduce, and copy this content without your prior written consent. This right is strictly limited to what EurHeCA needs to ensure the proper functioning of the platform.

You must ensure that you own or have obtained all necessary rights to grant the licenses and rights that you (or anyone acting on your behalf) grant us under these Terms of Use, including:

  • Intellectual property rights: you may only upload photos for which you have the right to grant the necessary intellectual property rights;
  • Image rights: if a person is identifiable in a photo you upload, you must obtain permission from that person (and any other person whose permission is required) before uploading it, even if you are the photographer and/or hold the necessary intellectual property rights to that photo.

 

  1. Processing of Personal Data

The user is referred to the Personal Data Protection Charter.

 

  1. Account Deletion

You can delete your account at any time. Deleting your account terminates all contractual relationships we have with you relating to the Service, including these Terms of Service.

EurHeCA may, at its own discretion, delete your account. Account deletion may be motivated by the following reasons, though this list is not exhaustive:

  • Deletion is decided due to inactivity of your account for a given period.
  • Deletion is a temporary or permanent measure we take against a suspicious account, for example, when we have reason to believe that you are not complying with these Terms of Service.
  • Deletion may result from a request by a third party alleging a violation of their rights, or from a request by a competent authority.

Whenever possible, we will inform you in advance of our decision to delete your account and provide you with reasonable notice.

You are not entitled to any compensation following the deletion of your account, even if it was done in error.

After your account is deleted, we will retain your data and the content you published on EurHeCA for the time necessary to carry out the technical operations related to the account deletion and, in any event, in compliance with the limits and obligations imposed by applicable law and the Personal Data Protection Charter.

 

  1. Content Removal

EurHeCA may remove content you upload that violates these Terms of Use. We may not be able to notify you when we remove your content. We encourage you to report any content or behavior that you believe violates your rights or this agreement.

 

  1. Miscellaneous Provisions

10.1 Modification of the Terms of Service

The Terms of Service may be modified at any time by EurHeCA, without prior notice, due to changes in the Service, developments in legislation, or for any other legitimate reason.

In the specific case where it becomes necessary to adapt the Service to changes in the law, EurHeCA will make every effort to implement these modifications as soon as possible. During this period, the user acknowledges that EurHeCA cannot be held liable for any temporary non-compliance.

The new Terms of Service are published on the EurHeCA website with the date of the update and are immediately applicable to all users.

The version of the Terms of Service applicable between the parties is available at any time on the EurHeCA website.

The user agrees to stay informed of these modifications by regularly consulting the page on the website where the Terms of Service are displayed.

10.2 Agreement on Evidence

EurHeCA and the user agree that they may exchange any information necessary for the Service electronically. Any electronic communication between the parties is presumed to have the same probative value as a written communication on paper. The use of the user's login credentials is considered to indicate that the user is the one using the Service.

A printed version of these Terms of Service and of any notice issued electronically will be admissible in any judicial or administrative proceedings relating to this contractual relationship, in the same manner and under the same conditions as other business documents and records created and maintained on paper.

10.3 Severability

If one or more clauses of these General Terms and Conditions are declared void, invalid, illegal, or unenforceable under applicable law, in whole or in part, such situation shall not affect the validity of the other clauses. The void, invalid, illegal, or unenforceable clause shall be replaced retroactively by a valid and enforceable clause that most closely approximates the original clause.

10.4 Force Majeure

Notwithstanding any provision to the contrary, neither party shall be liable for any delay in performance or any failure to perform its obligations resulting from events of force majeure (such as a strike, war, earthquake, natural disaster of any kind, the direct or indirect effects of an explosion, fire, heat wave, flood, or any other event of force majeure that is external, unforeseeable, and irresistible, as defined by Belgian law).

10.5 Relationship Between the Parties

These Terms of Service shall not be construed in any way as constituting a partnership, joint venture, or any other association between you and EurHeCA, and neither party shall be considered the agent or employee of the other.

In the event of a dispute between users of the Service or between users and a third party, EurHeCA has no obligation to intervene. You hereby release EurHeCA, its directors, employees, and other members from any and all claims and damages of any kind, known or unknown, arising out of or relating to such disputes.

10.6 Notification

Any communication or notification sent to the user will be deemed valid if sent to the email address they provided, even if that address is no longer valid.

10.7 Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with Belgian law.

Any dispute relating to the use of the Service, as well as the validity, interpretation, performance, or non-performance of these Terms of Service, will be subject to the exclusive jurisdiction of the Belgian courts, regardless of the type of proceedings.

 

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