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General
The owner of this publicly available website and the secure portal (the "platform") is QTEM
AISBL, an international association incorporated under Belgian law, registered in Brussels,
Belgium, with company registration no. 0689.641.294, having its registered headquarters
and offices at 50 Avenue Franklin Roosevelt, P.O. Box 135, 1050 Brussels, Belgium,
telephone number +3226506758 ("QTEM").
By using this platform or its content, whether directly or through a third party, you agree to
be legally bound by and act in accordance with these Terms of Use. If you disagree with these
Terms of Use, you are not permitted to, and agree not to, use this platform or its content.
If you are accepting these terms and conditions on behalf of a company or any other (legal or
natural) person, you represent and warrant that you have full authority to bind that company
or person to these terms and conditions.
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Permitted use
You are not permitted to use this platform (including any mobile app and any webpage
and/or data that passes through the web domain at qtem.org), its underlying computer
programmes (including application programming interfaces (“APIs”)), domain names,
Uniform Resource Locators (“URLs”), databases, functions or its content other than for the
good fulfilment of your rights and duties in the QTEM network.
Use of any automated system or software, whether operated by a third party or otherwise, to
extract any data from this platform for commercial purposes (“screen scraping”) is
prohibited. QTEM reserves its right to take such action as it considers necessary, including
issuing legal proceedings without further notice, in relation to any unauthorised use of this
platform.
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User content
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You confirm that images, sounds, text or information that you share or create, as well
as the metadata attached to these images, sounds, text or information (together:
“User Content”) whilst using this platform will meet the Rules of Acceptable Use (as
set out below).
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You give QTEM unlimited permission to use and re-use your User Content, to the
largest extent permitted under applicable law. This means inter alia that you grant us
a worldwide, non-exclusive, royalty-free and perpetual licence to use, re-use, copy,
reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-
licence such User Content anywhere and in any form for the purposes of operating
our platform and business, including for purposes of performing big data analytics
and/or generating industry-wide analyses, statistics and reports. Our right to use
your User Content does not in any way affect your privacy rights and we will only use
personal data as set out in our privacy policy.
- We do not check or moderate any User Content before it is added to the platform. We
may later check, moderate, reject, refuse or delete any User Content if we believe that
it breaks any of the Rules of Acceptable Use or the applicable law.
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Acceptable use
- In addition to the other requirements within these Terms of Use, this section
describes specific rules that apply to your use of our platform, including the
interactive features (the “Rules of Acceptable Use”).
- When using our platform you must not:
- circumvent, disable or otherwise interfere with any security related features of the
platform or features that prevent or restrict use or copying of the content
accessible via the platform;
- give any false information in your account details;
- take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
- use the platform if we have suspended or banned you from using it;
- send junk, spam or repetitive messages;
- engage in any illegal or unlawful conduct;
- modify, interfere, intercept, disrupt or hack the platform;
- misuse the platform by knowingly introducing viruses, Trojans, worms, logic
bombs or other similar material or by undertaking any other action which would
harm the platform, any platform user’s equipment or have a detrimental impact
on any platform user’s experience of using the platform;
- collect any data from the platform other than in accordance with these Terms of
Use;
- submit or contribute any content that is abusive, threatening, obscene, untrue,
shocking or offensive;
- abuse, harm or bully another platform user, member of our staff or person;
- submit or contribute any User Content without the permission of the content
owner or otherwise infringe the copyright, trademark or other rights of third
parties; or
- submit or contribute any information or commentary about another person which
is untrue, private, confidential or defamatory (including personally accusing
another person of unproven criminality or serious wrongdoing which could
damage their reputation in the eyes of anyone reading your comment).
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of
these Terms of Use and may result in our taking all or any of the following actions
(with or without notice): (a) immediate, temporary or permanent withdrawal of
your right to use the platform; (b) immediate, temporary or permanent removal of
any User Content; (c) issuing of a warning to you; (d) legal action against you
including proceedings for reimbursement of all costs (including, but not limited to,
reasonable administrative and legal costs) resulting from the breach; and/or (e)
disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.
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Notice and take down policy
- If you believe that content available through the platform: (a) infringes your rights or
any rights of a third party you represent; or (b) otherwise breaches the Rules of
Acceptable Use, please tell us immediately by sending an e-mail to
privacy@qtem.org.
- When reporting content please provide the information described below in your
notice to us: (a) your name and contact details; and (b) a statement explaining
whether you believe that the content you are contacting us about: (i) infringes your
rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe
the content breaches the Rules of Acceptable Use.
- We will take the action that we believe is appropriate depending on the nature of the
content you report. This may include taking no action where we believe the reported
content does not infringe any rights or the Rules of Acceptable Use. We are not
obliged to discuss or inform you about our chosen course of action following a report
from you.
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Your account and password
If you set up an account or are given access to the secure portal on our platform, you must
treat your login details as confidential. You must not disclose them to any third party. We
have the right to disable any account at any time, if in our reasonable opinion you have failed
to comply with any of the provisions of these Terms of Use. If you know or suspect that
anyone other than you knows your login details, you must promptly notify us at
privacy@qtem.org.
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Intellectual property
Information, data, metadata, underlying computer programmes (including APIs), domain
names, URLs, databases, and materials presented on the platform, including names, logos,
etc., as well as the colour scheme and the layout of the platform, may be subject to copyright,
trade mark rights, database rights and/or other intellectual property rights. You may use
such content only as strictly required for permitted personal, non-commercial purposes. Any
other use and/or reproduction of such content, without the prior written consent of QTEM,
is prohibited and will constitute a breach of these Terms of Use and may infringe QTEM's
intellectual property rights.
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Links
- Links to third party platforms from our platform are provided solely for your
convenience. If you use these links you leave our platform. We do not control, and are
not responsible for, these platforms, their content or their availability. We in no way
endorse or make representations about them, or any material found on them.
Accessing third party platforms from our platform is done entirely at your own risk.
- You may link to our publicly available website homepage (www.qtem.org), provided
you do so in a way that is fair, legal and does not damage our reputation or take
advantage of it. You must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You agree to
remove any link to our platform on a platform owned or controlled by you on receipt
of a request from us.
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Limited liability
- To the largest extent permitted under applicable law, QTEM will not be held liable for
any losses and/or damages arising from the use of this platform or of any other
platform to which this platform provides a link, and/or from the use of information
presented on this or any such other platform.
- In any event, we will never take any responsibility for User Content and you use and
rely on any User Content entirely at your own risk.
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Applicable law and jurisdiction
It is a condition precedent to the use of the QTEM platform that any such party submits to
the sole and exclusive jurisdiction of the Courts of Belgium and to the application of the law
in that jurisdiction, including any party accessing such information or facilities on their own
behalf or on behalf of others. In the absolute and sole discretion of QTEM, a legal action may
be brought by QTEM against any party in breach of these terms, at its election, in Belgium or
the place of breach or the domicile of that party, and, if more than one party, in the domicile
of any one of those parties, and all other parties shall submit to that jurisdiction.
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Miscellaneous
- We reserve the right to modify and update these Terms of Use from time to time. We
will bring these changes to your attention should they be indicative of a fundamental
change or be relevant to you and impact your rights.
- If any of these Terms of Use is held to be invalid, the remaining terms and conditions
shall continue to be valid to the fullest extent permitted by law.
- If you would like to provide feedback on our platform, please contact us at privacy@qtem.org.
