This version of these Terms & Conditions is effective as of 06/04/2018.
- Scope and Acceptance of these Terms & Conditions
1.1. These Terms & Conditions contain the terms of service concerning any of the iTCH! Services referred to below that governs the relationship between (i) the iTCH! Partners (hereinafter: “iTCH!”, “We” or “Us”), and (ii) any user of our online platform, available at https://www.letsitch.eu (hereinafter: “Platform”), including others who use or interact with our Platform, as well as users of any online service provided by or under the authority of iTCH! or affiliate of iTCH! (collectively referred to as the “iTCH! Services”).
1.2. By using or accessing our Platform or any part thereof (including tools, concepts, methodologies, etc. made available online or in conjunction with our Platform), you (“You”) agree to the terms contained in these Terms & Conditions, including any terms or policies incorporated herein by reference, which may be modified from time to time in accordance with Article 10 hereof, without any additional notification being required.
1.4. These Terms & Conditions do not change the terms or conditions of any other written agreement You may have with us.
- About iTCH!
2.1. The iTCH! Partners consist out of six entities that form a partnership in support of the EDUCAT project (“Empowerment of Disabled people through the User Co-production of Assistive Technology”), a project supported by the European Territorial Cooperation Programme “Interreg 2 seas 2014-2020”. These partners are:
- VOKA – Chamber of Commerce of East Flanders, Lammerstraat 18, 9000 Gent (Belgium) (https://www.voka.be/oost-vlaanderen); and
- Groupe Yncréa, with registered offices at 20 rue Cuirassé Bretagne, 29200 Brest (France) (https://yncrea.fr/contact/) ;
- The University of Kent, with registered offices at Canterbury, Kent, CT2 7NZ, United Kingdom, (www.kent.ac.uk); and
- East Kent Hospitals University NHS Foundation Trust, with registered office at Canterbury, CT13NG, Ethelbert Road, United Kingdom [to be completed] (http://www.ekhuft.nhs.uk/patients-and-visitors/); and
- KU Leuven, a Belgian university, Oude Markt 13, 3000 Leuven (Belgium) (https://www.kuleuven.be/kuleuven/); and
- Sussex Community NHS Trust, Brighton General Hospital, Elm Grove, Brighton, BN2 3EW, United Kingdom (https://www.sussexcommunity.nhs.uk).
2.2. The iTCH! Partners have developed, within the framework of the EDUCAT project, an online platform called “iTCH!” (the “Platform”) which is a co-creative and interactive platform that aims to help users and providers collaborate with companies, researchers and healthcare professionals to ensure solutions for modern problems by allowing them to share ideas and information on such Platform, in view of collaborating with each other users.
2.3. The entity managing the iTCH! Services and the Platform is:
Voka – KVK Oost-Vlaanderen
- Restricted Access
3.2. You recognize, acknowledge and accept that You are at all times responsible for maintaining the confidentiality of any and all login and password information You are using in relation to the iTCH! Services, even if such information is also used in connection with other services and service providers. In this respect, You agree that You will take appropriate steps in ensuring that no third party has access to any of the iTCH! Services under your account(s) with iTCH!.
3.3. You are solely responsible for any and all activities that occur under your account(s), including but not limited to content that is provided and/or information or services that are being accessed or provided with or through such account when using the iTCH! Services. Please inform iTCH! immediately if your account, login credentials and/or password is being used by any third party, or of any other security breach, by sending an email to the general email address displayed below.
- Confidentiality and Non-disclosure
4.1. The term "Confidential Information" under this Agreement means any such information, knowledge and other know-how, including in particular all technical, commercial, operational and other business secrets, as well as all production-related, customer-related, marketing-related, and distribution-related information, price lists, drawings, designs, patterns, photographs, blueprints, prototypes, calculations, functionalities, which are disclosed on the Platform, to You and/or any other user of the Platform.
Notwithstanding any other provision of this Agreement, Confidential Information shall not include any item of information which:
- is within the public domain prior to the time of the disclosure by iTCH! or any user of the Platform or the iTCH! Services to You or thereafter becomes within the public domain other than as a result of disclosure by You or any of your representatives in violation of this Agreement;
- was, on or before the date of disclosure in your possession, as evidenced by records, however maintained;
- is acquired by You from a third party not under an obligation of confidentiality; or
- is independently developed by You outside the framework of the Platform or iTCH! Services, as evidenced by records, however maintained.
4.2. As the Platform is designed to facilitate exchanges of information with third parties, You expressly acknowledge and accept that (a) You may obtain access to Confidential Information of Us or third party users of the Platform, (b) the Confidential Information has in part sensitive content and is of high strategic and commercial value to the party that has disclosed such Confidential Information; and (c) the Platform contains certain Confidential Information which is, may be or may become subject to agreements with third parties.
You therefore undertake that the Confidential Information shall:
- be treated confidentially, with at least the same duty of care as You are treating Your own Confidential Information;
- only be used for the purpose for which it has been made available by iTCH! or any other user via the Platform or the iTCH! Services; and
- not be passed on to third parties nor be made accessible to third parties in any other form.
Your duties under this Agreement shall apply to any and all Confidential Information, including, but not limited to that disclosed on the Platform or via the iTCH! Services, in any oral disclosure or any written document, memorandum, report, correspondence, drawing or other material, computer readable media, developed or prepared by iTCH! or any user of the Platform or the iTCH! Services.
4.3. Furthermore, You undertake to impose these confidentiality obligations upon (i) Your employees, (ii) any affiliated companies, and (iii) other third parties, inasmuch as these directly or indirectly come into contact with Confidential Information. You shall comply, without delay, with all the requirements set forth by iTCH! with regard to the management of your employee or service provider access, as may be communicated to You from time to time.
4.4. In any event, We are not responsible and cannot be held liable for any dissemination or disclosure of any Confidential Information by third party users through or outside of the Platform, even if We are informed of the confidential nature of such Confidential Information and/or if such Confidential Information is expressly marked or deemed Confidential Information.
However, We will only give access to the Platform or the iTCH! Services to users who have accepted these Tterms and Cconditions.
Furthermore, You and Us will jointly determine whether it would be feasible to post a summary of ongoing projects, their current status, etc. on the publicly accessible pages of the Platform and the iTCH! website.
4.5. You acknowledge and accept that, notwithstanding the previous paragraphs, iTCH! shall be entitled, without limitation, and at its own discretion to:
- Temporarily or permanently suspend or deactivate and/or remove Your account;
- Require a change of your passwords from time to time;
- Limit the maximum amount of users per account;
- Deny or grant any access to the Platform to You or any other user. Such grant may be subject to conditions;
- Not to disclose Confidential Information and/or limit your access or the access of your employee and/or service provider to Confidential Information and/or to impose specific requirements to the disclosure of Confidential Information to You and/or your employee and/or service provider;
- Keep a track of your logins to the Platform or the iTCH! Services, in order to monitor and avoid any misappropriation and/or misuse of the Platform or the iTCH! Services and its contents;
- Limit or refuse access to the Platform or iTCH! Services from specific IP addresses;
- Limit the volume of downloads of the contents of the Platform or iTCH! Services.
4.6. You agree to return all Confidential Information, including materials, received from iTCH! or any user of the Platform or the iTCH! Services. at the request of iTCH!, with the sole exception that You may retain in your confidential files one copy of written Confidential Information but exclusively for record purposes.
4.7. In the event that You or anyone to whom You transmit the Confidential Information pursuant to this Agreement becomes legally required to disclose any such Confidential Information, You shall provide iTCH! with prompt notice so that iTCH! may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event that such protective order or other remedy is not obtained, You shall furnish only that portion of the Confidential Information which is legally required to be furnished in the opinion of your counsel.
4.8. The damages to be paid by You in case of breach of this confidentiality undertaking are 50.000 (fifty thousand) euros per occurrence, without prejudice to the right of iTCH! or the user whose Confidential Information has been disclosed by You contrary to the confidentiality obligations contained herein to claim higher damages if such user is able to prove such higher damages. You agree that this amount is reasonable, considering the strategic and commercial value of the information exchanged via the Platform or the iTCH! Services.
- This Platform and any of the iTCH! Services may contain links to information provided by third parties may or may not be affiliated to iTCH!. None of such links imply or can be construed as an endorsement by iTCH! of the information displayed, the accuracy thereof, nor the third party operating such website or page; these links are provided for information and convenience purposes only.
- Linking to the iTCH! website and/or Platform is accepted under the following strict circumstances:
- the Platform, iTCH! Service or part thereof is not displayed in a frame within the website that contains the link, so as to confuse users of such third party website as to the origin of the information so displayed;
- You do not generate the impression that iTCH! is endorsing the information, products, services, profile or capacity of any third party referred to on such third party website containing the link, e.g., by including a disclaimer as the one set out above.
- unless You have obtained the prior written approval from iTCH!, which may be withheld or given under conditions at iTCH!’s sole discretion, You do not create the impression that there is any affiliation with iTCH!;
- the information that is displayed in conjunction with such link does not contain or refer to competing products or services, false or misleading advertising, information that can be considered damaging to the reputation of iTCH! and iTCH!’s trademarks, including but not limited to offensive, violent, explicit, obscene, or pornographic content and/or, in general, any content or links to content that is unlawful.
- iTCH! reserves the right to revoke any express or implied permission given at its sole discretion, and You will immediately and unconditionally comply with any such request made by or on behalf of iTCH!.
- Representations and Warranties
6.1. You agree, represent and warrant that You will at all times:
- comply with these Terms & Conditions, including any terms, conditions, rules and policies incorporated herein by reference;
- comply with any and all applicable laws, regulations and codes of conduct and behaviour that may directly or indirectly apply to the Platform or any of the iTCH! Services;
- comply with any request from any competent authority in relation to Your use of the Platform or any of the iTCH! Services, whether directly made to You or through iTCH!, and participate voluntarily and at Your own expense in any legal proceedings in this respect;
- keep your personal information up to date, and ensure that You are providing sufficient means to iTCH! in order to contact You;
- respect any security tools and settings used by iTCH! in relation to any iTCH! Service, and that You will not directly or indirectly tamper or otherwise attempt to circumvent or hack any of the iTCH! Services;
- maintain true, correct and accurate personal information with iTCH!, including in particular Your name and contact information, in so far and to the extent such information has been provided to iTCH!.
6.2. In addition, You represent and warrant that any content or information You are providing in connection with Your use of the iTCH! Services, or the use You are making of the iTCH! Services, will not infringe or violate the rights of any third party, including but not limited to copyright, moral and image rights, trademark, patent, or any other intellectual property or other proprietary right.
6.3. Furthermore, You represent and warrant that You will not:
- rent, lease, lend, sell, sublicense, or create derivative works of the Platform or any of the iTCH! Services, including the information exchanged by or with other users thereof;
- share or solicit any password or login information used in connection with the iTCH! Services, or solicit money, credit card, or other proprietary and/or confidential information;
- provide any false, misleading, inaccurate or not updated information to iTCH!, including false personal information, and will not use the account information of a third party for providing to or exchanging information with iTCH!;
- submit, exchange or disseminate sensitive personal information, such as medical conditions, medical diagnosis, addictions, clinical data, of You or identified or identifiable third parties;
- submit inappropriate or potentially harmful information or content to iTCH!, including but not limited to viruses or other malicious code;
- submit, process, link to or otherwise provide any information through any of the iTCH! Services that is or can be considered unlawful, fraudulent, misleading, malicious, defamatory, libelous or discriminatory, all in the largest sense of the word, including instructional information about such illegal activities;
- use the iTCH! Platform or any of the iTCH! Services for an unlawful purpose, contrary to public policy or morality, for offensive purposes, to infringe upon the intellectual property rights of any third party (including but not limited to copyright, moral rights, image rights, etc.), to mislead the public and/or contrary to good and fair business practices, or link to any such activities;
- harrass, intimidate, link to or disseminate any information from other persons that could be considered libelous or damage such other person’s reputation;
- knowingly use the Platform, any information provided on or linked to on the Platform, and/or any of the iTCH! Services in violation of any applicable laws or regulations, including the interests of any third party;
- use the iTCH! Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the iTCH! Services or that could damage, disable, overburden, or impair the functioning of the Platform or any of the iTCH! Services;
- use iTCH! Services to advertise other products, impersonate or otherwise misrepresent affiliation with or endorsement by any third party where such affiliation or endorsement would not exist; or
- cause or permit any third party to do any of the foregoing.
6.4. If You do not comply with these Terms & Conditions, You expressly acknowledge and agree that iTCH! shall be entitled, at its sole discretion and without prior warning, to permanently or temporarily suspend or terminate your use of the Platform or any of the iTCH! Services, in particular – as the case may be – Your personal account. You expressly acknowledge and accept that iTCH! cannot not be held liable or responsible for any damages of whatever kind resulting from such permanent or temporary suspension or termination.
6.5. As iTCH! does not nor is iTCH! required to (actively) monitor on an ongoing basis the use that is being made of the Platform and the iTCH! Services, You expressly consent to iTCH! being entitled to verify the use You and other users are making of any of the Platform or any of the iTCH! Services, including but not limited to any content that is provided, transmitted or stored in connection therewith. Furthermore, iTCH! shall be entitled at all times to investigate, take legal action, prosecute, and/or report to governmental authorities any use that is considered to be illegal or infringing upon the rights or damage the reputation of a third party.
6.6. Although iTCH! undertakes reasonable efforts to keep the Platform and any of the iTCH! Services, including information provided on or through such services, safe and secure, iTCH! does not guarantee that (i) these services will at all times be error- or virus-free, (ii) any content provided or transmitted by using the iTCH! Services by a user or third party will not be infringing any proprietary or moral rights of any party or contrary to the terms laid down herein, will be true and accurate, or endorsed by iTCH!. Furthermore, iTCH! does not guarantee at any time that the Platform and any of the iTCH! Services will not undergo any temporary or permanent modification or will continue in perpetuity; iTCH! shall at all times be entitled (but not obliged) to change, amend, improve, or reduce any of the iTCH! Services with or without notice to You.
7.1. Notwithstanding the fact that this information will be provided through the iTCH! Services, iTCH! does not: (i) guarantee the accuracy, completeness, or usefulness of any content so provided by or on behalf of iTCH!, iTCH!’ affiliates or any third party connected to iTCH!, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any such third party made on the Platform or through any of the iTCH! Services. Under no circumstances will iTCH! or its affiliates be responsible or liable for any direct or indirect loss or damage resulting from your reliance on information or other content posted on the platform or in connection with any of the iTCH! Services, submitted or provided to or by any user of the platform or any iTCH! Services.
7.2. To the maximum extent allowed by applicable law, the platform and, in general, the iTCH! Services will be provided on an “as is” and “as available” basis, and iTCH! grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein or services rendered thereunder, in particular if these are provided by third parties), including but not limited to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. ItchiTCH! Ddoes not represent or warrant that the service will be permanently available, up-to-date, uninterrupted or error free, secure or that any defects or errors in the service will be corrected.
7.3. Furthermore, You expressly acknowledge and accept that – in general – the transmission of information over the Internet is never completely secure, private or confidential. Therefore, any information that is sent or received from the Platform or by using any of the iTCH! Services may be intercepted, decrypted, consulted and/or used by third parties, even if technology is being used whereby such information exchanges are encrypted.
7.4. Certain products or information that are displayed on the Platform or promoted in connection with the iTCH! Services may not be available in Your country or region. Please contact [contact information to be completed] should You require further information in this respect.
- Indemnity and Hold Harmless
8.1. You agree to unconditionally and irrevocably indemnify and hold iTCH!, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, as well as other users of the iTCH! Services harmless from any costs, loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of or failure to comply with this Agreement (including any breach of Your representations and warranties contained herein), any use You are making of any of the iTCH! Services, as well as any actions, content or information You provide in connection with the iTCH! Services, including the violation of any law or regulation by You or on Your behalf. iTCH! reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate at Your own costs and expenses with iTCH! in connection therewith.
8.2. For the purposes of this Article, the term “iTCH” shall also refer to its shareholders, directors, employees, members, subcontractors, agents, and their respective directors, agents and employees.
- Limitation of Liability
9.1. In no event will iTCH!, its shareholders, directors, officers, agents, employees, affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breach of data or programs, service interruptions and procurement of substitute services, even if iTCH! has been advised of the possibility of such damages, and this to the fullest extent allowed by applicable law. In any case, iTCH! can only be held liable when its willful misconduct. You expressly consent to and agree that any and all other responsibility, even in case of serious fault or gross negligence by or on behalf of iTCH!, is expressly disclaimed.
9.2. Notwithstanding anything to the contrary contained herein, iTCH!'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to iTCH! for being an authorized user of the iTCH! Services. You expressly agree and accept that iTCH! cannot be held liable for higher or other damages.
- Intellectual Property Rights
10.1. We reserve all rights not expressly granted in these Terms & Conditions. We shall retain any copyright and any other intellectual property rights in any aspect of the iTCH! Services, whether or not presented in connection with or arising out of rendering its services, whether oral or in tangible form, including working papers and software platforms, as well as the methodologies and technologies used therein, and including trademarks, trade names and company names used in connection therewith.
10.2. You expressly acknowledge and accept that you will not modify, create derivative works of, decompile or otherwise attempt to extract source code from the iTCH! Services, the tools made available through these iTCH! Services, or any materials developed by iTCH! unless you have obtained our express prior written permission, which may be withheld or subject to conditions. Furthermore, You agree that You will not reverse engineer any tools, methodologies, techniques or technologies used in connection with or embedded in the iTCH! Services.
10.3. You hereby grant to iTCH!, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, display, reproduce, adapt, modify and distribute any content or information You have submitted to iTCH! through any channel referred to on the Platform, (ii) prepare derivative works of the such content or information or incorporate such content or information into other works, in whole or in part, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created, without any further consents and authorizations from You or any third party being required.
10.4. In addition, any suggestions, comments, or other feedback You provide regarding us or the iTCH! Services will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute, and exploit such suggestions, comments, or other feedback as we see fit without obligation or restriction of any kind.
10.5. iTCH!’s company name, trademarks, logos, and any other product name, service name, or slogan included in the iTCH! Services are the exclusive property of iTCH!, and may not be copied, imitated, or used (in whole or in part) without iTCH!’s prior written consent, which may be withheld at iTCH!’s discretion and/or given subject to conditions. The look and feel of the Platform, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of iTCH! and may not be copied, imitated, or used (in whole or in part) without our prior written consent. Any other trademarks, registered trademarks, product names, and company names or logos mentioned in on the Platform or in conjunction with the iTCH! Services (“Third Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by iTCH! and its licensors with such company or an endorsement or approval by such company of iTCH! or its licensors or their respective products or services.
10.6. Except as expressly noted in these Terms & Conditions, You are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of ours or any third party.
10.7. If You consider that any part of the Platform and/or information contained or used in conjunction with the iTCH! Services infringes Your or a third party intellectual property right, please send an email to the general email address referred to below, which will serve as a notification.
10.8. In any case, if You knowingly misrepresent in Your notification that the material or activity is infringing, You may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Changes to these Terms & Conditions
11.1. iTCH! may revise these Terms & Conditions from time to time. The most current version of these Terms & Conditions will always be at www.letsitch.eu/terms-and-conditions[URL to be completed]. By continuing to access or use the iTCH! Services after those changes become effective, You agree to be bound by these Terms & Conditions. Therefore, You should review these Terms & Conditions whenever You access the iTCH! Services to make sure that You understand the terms and conditions that will apply to Your use of the iTCH! Services.
12.1. Unless expressly provided for otherwise herein, You may not assign any right or obligation hereunder without the prior written consent of iTCH!. iTCH! shall be entitled to assign any and all rights and obligations to a third party by notifying You, but You agree that Your consent shall not be required for any such transfer if the services that will be rendered by the transferee are substantially similar to the iTCH! Services rendered by iTCH! at the time of transfer. These Terms & Conditions shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.
12.2. If any provision of these Terms & Conditions is held to be illegal, invalid, or otherwise unenforceable, such provision will be enforced to the furthest extent possible in order to be consistent with the stated intention of these Terms & Conditions, or, if incapable of such enforcement, will be deemed to be severed and deleted from these Terms & Conditions, while the remainder of them will continue in full force and effect.
12.3. No waiver of any right under these Terms & Conditions shall be deemed effective unless contained in writing and signed by the party charged with such waiver, and no waiver of any right shall be deemed to be a waiver of any future right or any other right arising under these Terms & Conditions. All rights, remedies, undertakings, obligations and agreements contained in these Terms & Conditions shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement. Headings of sections are for convenience only and will not be used to limit or construe such sections.
- Applicable Law; Jurisdiction
13.1. You irrevocable accept and agree that the laws of Belgium apply to these Terms & Conditions, including any dispute, controversy or claim between You and iTCH! in relation to the use You have made of the Platform and the information contained therein, without regard to the principles of conflicts of law.
13.2. Only the Courts of Ghent (Belgium) shall be the exclusive venue to resolve any controversy, dispute or claim arising out of or relating to these Terms & Conditions, Your use of the Platform, and/or the information contained therein. You hereby irrevocably and unconditionally consent to the jurisdiction of these courts for these purposes.
- Contact Us
14.1. If You have any questions regarding the use of the Platform or the iTCH! Services or would like to submit comments or observations, please contact us at firstname.lastname@example.org or +32 9 266 14 40 [insert contact information]. Any information provided will be considered non-confidential, and iTCH! will be entitled to use such information without Your consent or approval, without any restriction.