PLEASE READ THIS DOCUMENT CAREFULLY

UNIVERS SANTE ASBL – Place Galilée, 6 – 1348 Louvain-la-Neuve –  (“we,” or “us”) operates the Guindaille 2.0 mobile app (“Guindaille 2.0”). By using Guindaille 2.0 in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Guindaille 2.0.


Contents

1. Who May Use Guindaille 2.0

You must be at least 13 years old to use Guindaille 2.0. Use is void where prohibited. By using Guindaille 2.0, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. License to Use Guindaille 2.0

UNIVERS  SANTE ASBL grants you a limited, non-exclusive license to access and use Guindaille 2.0 for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by Guindaille 2.0 Co in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Guindaille 2.0. Nor will you take any measures to interfere with or damage Guindaille 2.0. All rights not expressly granted by UNIVERS SANTé ASBL are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy :

  1. Information we collect

Information collected automatically: When you use Guindaille 2.0, we automatically collect and store information about your mobile device and your activities but we don’t share any of them. This information includes:

  1. Your mobile device’s unique ID number
  2. Your mobile device’s geographic location while the app is actively running
  3. Technical information about your mobile device (such as type of device, web browser or operating system)
  4. Your preferences and settings (time zone, language, privacy preferences, etc.)
  5. How long you used Guindaille 2.0 and which services and features you used

Information you choose to provide:

In order to register, you will be able to sign-in using your Facebook or Twitter login. If you do so, you authorize us to access certain Facebook or Twitter account information, including information about your Facebook or Twitter friends who might be common Facebook or Twitter friends with other Guindaille 2.0 users. By allowing us to access your Facebook or Twitter account, you understand that we will obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook or Twitter friends who are common Facebook or Twitter friends with other Guindaille 2.0 users in your network or geolocation.

Whenever you voluntarily disclose personal information on publicly-viewable screens or pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

You may also (but are not required to) provide information about yourself (such as your gender, location, or a birthdate). Any additional image or information you provide may be publicly displayed. Information about others:

We may collect and store personal information about other people that is available to us through your Facebook login, namely the name and picture of certain of your Facebook friends as follows: we will not share this information with other Guindaille 2.0 users or any partners.

  1. How we use your information

We use your information to provide and improve our services, make special offers, customize services for you, better understand our users, diagnose and fix problems, and display informations that may be relevant to you.

Geo-location-information:

While the Guindaille 2.0 application is in use, we keep track of your device’s geographic location so that you can use the whole potential of the application, and find you friends and vice-versa. When you don’t want to be localized, you can switch that option off in the application settings.

  1. Use of your information by others

No utilization of a marketing or commercial purposes will be made of your data. We will never pass your data to other companies or partners.

Service Providers: We don’t share any information we collect with vendors who provide services to us.

Analytics Companies: We allow analytics companies to use tracking technologies to collect information about our users’ mobile devices and their online activities. These companies analyze this information to help us understand how our apps are being used. Analytics companies may use mobile device IDs, as described in the paragraph below (“Mobile device IDs”). Unlike cookies, device IDs cannot be deleted.

Mobile device IDs: In order to recognize you and store your preferences, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the Guindaille 2.0 application. Unlike cookies, device IDs cannot be deleted.

What we don’t share: We do not provide third parties with your name, address, email address, or phone number.

Aggregated Information: We may publicly disclose aggregated information about our users, such as the total number of our users and their overall demographics.

  1. Children’s privacy

We do not allow persons under 13 to register for any service, and we do not knowingly collect any personally identifiable information from persons under the age of 13.

4. Registration

To use Guindaille 2.0, you can register an account with your Facebook or Twitter login, meaning you are authorizing us to access certain information in your Facebook or Twitter account, including information about Facebook and twitter friends you might share in common with other Guindaille 2.0 users. By allowing us to access your Facebook or Twitter account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook or Twitter friends who are common Facebook or Twitter friends with other Guindaille 2.0 users in your network or geolocation.

5. Term and Termination; Account Deletion

This Agreement begins on the date you first use Guindaille 2.0 and continues until terminated in accordance with the provisions hereof.

UNIVERS SANTE ASBL may suspend, disable, or delete your account (or any part thereof) if UNIVERS SANTE ASBL determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage UNIVERS SANTE ASBL’s reputation or goodwill. If UNIVERS SANTE ASBL deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by UNIVERS SANTE ASBL will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. UNIVERS SANTE ASBL shall not be responsible for the loss of such content.

6. Disclaimers; Limitation of Liability

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER GUINDAILLE 2.0 USERS. YOU UNDERSTAND THAT UNIVERS SANTE ASBL CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. UNIVERS SANTé ASBL ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. UNIVERS SANTE ASBL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. UNIVERS SANTE ASBL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
  2. IN NO EVENT SHALL UNIVERS SANTE ASBL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE GUINDAILLE 2.0 SERVICE OR PERSONS YOU MEET THROUGH GUINDAILLE 2.0. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
  3. UNIVERS SANTE ASBL reserves the right to modify Guindaille 2.0. You are responsible for providing your own access to Guindaille 2.0. UNIVERS SANTE ASBL has no obligation to screen or monitor any content and does not guarantee that any content available on Guindaille 2.0 complies with this Agreement or is suitable for all users.
  4. UNIVERS SANTE ASBL provides Guindaille 2.0 on an “as is” and “as available” basis. You therefore use Guindaille 2.0 at your own risk. UNIVERS SANTE ASBL expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, UNIVERS SANTE ASBL makes no representations or warranties:
    • That Guindaille 2.0 will be permitted in your jurisdiction;
    • That Guindaille 2.0 will be uninterrupted or error-free;
    • Concerning any content submitted by any user;
    • Concerning any third party’s use of content that you submit;
    • That any content you submit will be made available on Guindaille 2.0 or will be stored by UNIVERS SANTE ASBL;
    • That UNIVERS SANTE ASBL will continue to support any particular feature of Guindaille 2.0;
    • Concerning sites and resources outside of Guindaille 2.0, even if linked to from Guindaille 2.0.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Guindaille 2.0, and no warranties shall apply after such period.

7. Code of Conduct; Prohibited Activities

In using Guindaille 2.0, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Collect information about others;
  • You will not express or imply that any statements you make are endorsed by UNIVERS SANTE ASBL without our specific prior written consent.
  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

UNIVERS SANTE ASBL has the right, but not the obligation, to monitor all conduct on and content submitted to Guindaille 2.0.

8. Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to UNIVERS SANTE ASBL or to any other user. If information provided to UNIVERS SANTE ASBL or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

  • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing or creating computer viruses;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

9. Licenses Granted by You

You grant UNIVERS SANTE ASBL and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Guindaille 2.0 permission to view your content for their personal, non-commercial purposes. If you make suggestions to UNIVERS SANTE ASBL on improving or adding new features to Guindaille 2.0, UNIVERS SANTE ASBL shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to UNIVERS SANTé ASBL and grant the licenses set forth above; (ii) UNIVERS SANTé ASBL will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless UNIVERS SANTE ASBL and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Guindaille 2.0; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Guindaille 2.0 violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights Copyright Policy

UNIVERS SANTE ASBL respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Guindaille 2.0 do not infringe any third party copyright.

UNIVERS SANTE ASBL will promptly remove materials if properly notified that the materials infringe a third party’s copyright.In addition, UNIVERS SANTE ASBL may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing is located on Guindaille 2.0, sufficient for UNIVERS SANTE ASBL to locate the material.
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via:

13. General Provisions

These Terms are governed by belgian law. Any dispute which may arise from the interpretation, execution and/or termination of these Terms shall primarily be resolved amicably. Otherwise the dispute shall be subject to the competent juridiction.

MODIFICATION; ENTIRE AGREEMENT:

UNIVERS SANTE ASBL reserves the right to modify these Terms for the GUINDAILLE 2.0 App at any time and without prior notification, and the User expressly accepts this. It is therefore recommended that the User refer regularly to the latest version of the Terms available on the App.