The Service is operated by:
ContactOffice Group sa
Rue Middelbourg 64 B
Tel.: + 32 2 647 92 35
Fax: + 32 2 705 27 78
ContactOffice offers :
- a suite of management, communication, organisation and collaboration tools (incl. calendars, address books, notes, to do lists, storage and transfer of documents, ...) to which are associated capacities (and to each of which a clearly specified capacity is associated at any given price), referred as the "Service";
- an e-commerce platform where products and services can be placed on the market by members of the community, by third party, or by the web site itself acting as an intermediary.
Is called User of the Service, hereafter called " User ", any person or entity benefiting from one or several from the Services, whether it exploits the Service on a purely personal basis or within a group.
As a User of the Service, the User has the possibility of creating a Group having an own identity and for which he will define the extent (functionalities and capacities) he wants to give to the suite of tools.
The User who has created the Group is the Administrator of the Group.
The procedure of affiliation to a Group and the visibility of its existence for the Users are determined by the product which the Administrator of the Group chose by filling his Group creation form.
The objective of the Group is to open the data which are contained in the tools to its members. The whole of the members of the Group thus has the possibility of accessing the data available in the suite of tools of the Group.
2. REGISTRATION PROCEDURE
A person becomes a User when :
- He has completed a Registration form. As a condition of using the Service, he agrees to: (a) provide true, accurate, current and complete information about himself as prompted by the forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by the User on these forms is untrue, inaccurate, not current or incomplete, ContactOffice Group sa has the right to terminate his account and/or any mailing list created under his account, and refuse any and all current or future use of the Service.
- ContactOffice Group has accused reception to him by e-mail of the opening of the Account for the formation of this contract.
3. IDENTIFICATION ELEMENTS AND SECURITY
After registration, the User receives an identifier (« ID ») and chooses a password, which constitute the elements of identification of its account. The User is responsible to maintain the confidentiality of these elements of identification.
The access to the Service is authorized, only under the condition that the User makes use of the elements of identification (ID and password) which were allotted to him by ContactOffice Group.
The elements of identification are personal, confidential and non-transmissible, the User committing not revealing them in any way. The User cannot thus yield whole or part of his rights and obligations to a third. He prohibits himself to rent, and/or to place at the disposal of a third in any way, whole or part of the Service of ContacOffice. The Contract is personal and only one contract is possible by electronic address identifying the User, except approved before by ContactOffice Group.
In the event of loss, diversion or theft of one of the identification elements of the User, this one must immediately inform ContactOffice Group by any means suiting him (telephone, telefax, telegram or electronic mail...).
Any declaration must be confirmed immediately to ContactOffice Group by registered letter with notice of receipt. The User is responsible for the use which is made of the ContacOffice Service before reception by ContactOffice Group of the letter of confirmation.
The new identification elements will be transmitted to the User by e-mail or letter.
4. MEMBER CONDUCT
The User commits himself not using the Service for :
- Creating Content containing nudity or pornographic or other material harmful to a minor
without limiting that list to persons age 18 or over, or posting such material without
limiting the access to persons age 18 or over;
- Using the service for illegal purposes or for posting material that is unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, tortuous, libelous, invasive of another's privacy, or otherwise objectionable, including but not limited to material that contains blatant expressions of bigotry, prejudice, racism, hatred, or profanity, or that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ContactOffice Group official, forum leader, guide or host, or falsely state or otherwise misrepresent his affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that he does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any law of the country of the Service regarding the transmission of technical data or software exported from the country of the Service through the Service, or posting information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for copyrighted game emulation);
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
5. CONTENT POLICY
The User understands that all information: data, text, software, music, sound, photographs, graphic data, video, messages or other materials (the" Content "), whether transmitted publicly or in private, is the sole responsibility of the person from whom such content emanates. This means that the User, and not ContactOffice Group, is entirely responsible for all the Content he posts, downloads, sends or transmits by any means by the intermediary of the Service.
ContactOffice Group does not control the Content posted by the intermediary of the Service and, as such, does not guarantee the exactitude, integrity or quality of such Content. The User understands that by using the service, he can be exposed to wounding Contents, indecent or reprehensible.
ContactOffice Group will in no case be held responsible in any manner for any Content, including, but in a non restrictive way, for all the errors or omissions in any Content, or for all types of losses or damages incurred within the framework of the use of the Content posted, downloaded, sent or transmitted by any means by the intermediary of the Service.
As the Service may provide, or third parties may provide, links to other World Wide Web sites or resources, and because ContactOffice Group has no control over such sites and resources, the User acknowledges and agrees that ContactOffice Group is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that ContactOffice Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
The User acknowledges that ContactOffice Group may establish general practices and limits concerning use of the Service, including without limitation the maximum number of entries in calendars, address books, to do's, bookmarks, ... the maximum size of the message and mail box, the maximum of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on ContacOffice servers on the User's behalf, and the maximum number of times (and the maximum duration for which) the User may access the Service in a given period of time. These limits have been defined in the description of ContactOffice's products available at the following address : http://www.contactoffice.com
The User agrees that ContactOffice Group has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The User acknowledges that ContactOffice Group reserves the right to log off accounts that are inactive for an extended period of time. The User further acknowledges that ContactOffice Group reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. MEMBER PRIVACY
The User agrees that ContactOffice Group sa may access and disclose any information, including user names and other information, if ContactOffice Group sa believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its members, or others. In addition, the User is aware that due to the nature of the Internet and other factors, privacy in the User's communications cannot be guaranteed, and the User should bear this in mind when deciding whether to transmit confidential information or any other information via ContactOffice Service.
All personal data provided during the registration procedure by the User to ContactOffice Group will be registered in ContactOffice Group (Rue Pierre Decoster 126, 1190 Brussels, Belgium) database, and will be used for informational or promotional campaigns related to ContactOffice Group' products and services towards the Users. In case the User does not want to receive that kind of information, he will be able to register on a specific list established by ContactOffice Group and available at the address mentioned above. ContactOffice Group will also use all personal data related to the User for internal management of the Service that ContactOffice Group provides, for market resarch purpose and customer relationship management. ContactOffice Group commits not to communicate personal data of the users to thirds unless it is on command of the competent courts.
The User has a right of visibility and rectification on his personal data. In this case, the User will address a dated and signed request accompanied by a proof of his identity to ContactOffice Group.
If the administrative data specific to the user would change, this one will be held to inform ContactOffice Group of it in the month following their modification.
Any misuse of the Service will cause termination of your account and/or any list created by you. In addition, mailing lists that are not maintained, periodically viewed or active may be removed without notice.
ContactOffice Group sa reserves the right to delete all data and files in your account and bar any further access to such files, and to delete all data and files in and remove any mailing list, with or without cause at any time, for any reason or no reason, and/or to terminate your use of the Service with or without cause at any time and effective immediately, without prior notice.
9. RESALE OF SERVICE
The User agrees not to resell the Service or use of or access to the Service.
The User agrees to indemnify, defend and hold harmless ContactOffice Group sa and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with his use of or conduct on the Service. ContactOffice Group sa reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, which shall not excuse his indemnity obligations.
12. ContactOffice Group PROPRIETARY RIGHTS The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by ContactOffice Group sa or ContactOffice Group sa' advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that ContactOffice Group sa can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on ContactOffice Group sa mailing lists (unless the user chose the paying option where no advertisement is distributed).
Content received through the Service may be displayed, reformatted, and printed by the User for his personal, non-commercial use only. The User agrees not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way content available through the Service, including code and software.
13. DISCLAIMER OF WARRANTIES
13.1 Access to the Service
The access to ContacOffice Service will be available 24 hours a day, 7 days a week, unless for necessary interruptions of the Service in order to proceed to maintenance, development or improvement operations or for any other operation that ContactOffice Group would wish to carry out. ContactOffice Group will not be indebted of any allowance for such interruptions. In addition, ContactOffice Group does not give explicit or implicit assurance that the service will meet User's waitings and needs.
ContactOffice Group will be authorised to partially or completely suspend the service, without notice, in case of an event, independent of its will, or for activities of maintenance or in the event of a breakdown. The interruptions will not give right to any financial claim. ContactOffice Group will inform its users of the interruptions occurred, within a reasonable time.
In no case, ContactOffice Group will be held responsible for the loss of the data stored in its system. From a general point of view, and within the legal limits, ContactOffice Group will not be held responsible for the damage, whatever their cause or nature, that the user would have undergone following the use he makes of his access to the Services.
It is also reminded that ContactOffice Group can put an end or modify the characteristics of its Service at any time, and without any notice.
13.2 Availability and security of the Internet
The User declares and guarantess he perfectly knows the characteristics and the constraints of the Internet, and in particular that the information and data transmissions on the Internet profit only from a relative technical reliability, those circulating on heterogeneous networks with various technical characteristics and capacities, which can disturb or make it impossible to access the Service at certain periods.
The user recognises that any site can be subject to intrusions of unauthorised thirds and to be in consequence corrupted, and that information circulating on the Internet is not protected from possible diversions (free access) or viruses and that if a User communicates the URL of his site, any person is likely to create a link giving access to his Site and/or elements of its content, and that thus the communication of the adress of his Site is carried out to his risks and dangers. ContactOffice Group will in no case be held responsible for the accidental or voluntary damage undergone by the User and caused or not by thirds.
It is the express will of the parties that the present contract as well as the documents, which are attached to it, is compiled in English.