Brussels, Belgium
Terms of use

General conditions of use for the esperity.com website

Terms and Conditions

Last updated: February 13, 2021

Please read these terms and conditions carefully before using Our Service.

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the esperity.com websites, including the community.esperity.com website (also known under patientuniverse.com website), the education.esperity.com website and the health.esperity.com website, the empowerme app and empowermeapp.com website, (the “Service” or the “Site”) operated by Esperity bv (“us”, “we”, or “our”). Please refer to the Privacy Statement for details pertaining to the processing of personal data provided by registered persons (hereafter referred to as “Users”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

I.               Legal notices concerning the Site

The Site is released by the Belgian Esperity Private Company with Limited Liability (hereafter referred to as “esperity”), with its office registered at BLSI, 30, Clos Chapelle-aux-Champs, B1.30.30, B-1200 Brussels, Belgium. esperity is recorded in the Business & Company Register under number 0848.466.027, company number BE 0848.466.027 and VAT number 0848.466.027.

 

II.             Purpose of the Terms

The purpose of these Terms is to define the provisions that apply to all the uses of the Site, including access to the Site and its utilization by Users.

When Users visit the site and when Users create an account, they expressly accept the Terms.

III.            Description of the Service

 

a.     Purpose of the Site

The Service allows visitors of the websites and applications to access educational material on health-related topics.

 

The aim of the esperity.com website is to empower visitors and Users to access information about health-related topics, without providing medical advice. It allows users to discover health-related content, allow users to search for clinical trials, allows users to register their interest to participate in a patient advisory board, focus group or patient interviews. Furthermore, it allows users to discover the other websites of Esperity, listed above.

The aim of the empowerme webstie and application, also found under empowermeapp.com, education.esperity.com and any other website using empowerme as underlying content magement system, is to empower patients by providing credible and validated content. The app and website also allow users to assess their knowledge by answer quiz questions and give their input on statements to see how they compare to other visitors.

The aim of the community website and application, also know under community.esperity.com and patientuniverse.com is to allow Users to share experiences, to connect people to each other with a common interest and to provide health-related information with the goal to empower Users in their healthcare.

The aim of the health.esperity.com website and app, also known as Esperity Health, is to empower users by allowing them to capture health parameters over time, such as symptoms and medication, without providing medical advice. The website also allows users to enter questionnaires, manage an agenda, set goals and access health educational content.

b.    The Site does not provide medical consultation

Medical or any other type of information (both provided information as self-generated information)  obtained through the uses of the above mentioned sites, including data exchanges between Users, is not intended to – in any way – replace, complement or improve the medical data obtained during consultations with a health care professional.

The information presented on the Site is not necessarily complete, and it is disseminated mainly for general information.

This information does not constitute a medical consultation either directly or indirectly.

Users can, therefore, use the information on the Site neither to diagnose their illnesses nor to determine treatments.

All Users are responsible for their own esperity profiles and the personal parameters associated with their physical and mental health.

All Users are responsible for the interpretation of the information and data that they gather using the Site, as well as for the interpretations and recommendations of third parties, including their doctors. Under no circumstances can the Site guarantee a given result based on the information or service provided.

Users and their doctors are responsible for the treatment and decisions concerning the former’s health, including all the decisions related to the drugs to be taken and variables to be monitored, and all the information used in their esperity accounts.

In general, all Users undertake never to neglect a medical opinion or delay consulting a doctor on the basis of information appearing on the Site and/or on the basis of their personal profile.

c.     Other services provided by the Site

The Site may contain hypertext links to other sites.

The Site includes a Suggestion Box for Users to send their ideas to esperity, so that the latter can improve the Site and the services provided on the Site (hereafter referred to as “Services”).

The Site also contains a section comprising Users’ experiences. It is called “Our members talk about esperity”, and it includes Users’ opinions and comments in the form of testimonials concerning the experiences they had while using the Services.

The Site allows Users to contact esperity using a special form for all their comments, questions or complaints, as well as to subscribe to a solely informative newsletter.

esperity reserves the right to make any modifications or improvements in the Services that it deems necessary or useful to ensure the smooth operation of the Services and to provide the best response for their improvement and development.

 

d.    Interpretation and Definitions

                                      i.     Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

                                    ii.     Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named Empowerme

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Belgium

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Esperity bv, Veldkapelgaarde 30b1.30.30, 1200 Brussels, Belgium.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Service refers to the Application or the Website or both.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Esperity, accessible from esperity.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Users: persons visiting the Site and persons who created an account on the Site

 

 

e.     Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

IV.           Site access conditions and procedures

 

a.     Accessibility

The Site is accessible free of charge for any potential User with internet access.

To the highest possible extent possible, esperity strives to make the Services accessible seven days a week and 24 hours a day.

esperity reserves the right to interrupt, momentarily suspend or modify access to the whole or part of the Site without prior notice in order to carry out maintenance, upgrades or whatever else it deems necessary (including technical tasks), without such eventualities providing the basis for a right to any obligation or compensation.

 

 

 

b.    User Accounts

 

To use the Services and functions, Users may create an account and provide identification information.

Access to some of the Services is reserved for Users, following their identification through a pseudonym and password, both of which they choose themselves.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Users remain the sole guarantors of the information stored in their own account. They can add, modify or delete information at any time.

The User acknowledges that the password is strictly personal and confidential. Users provide their pseudonyms and passwords on the Internet solely at their own risk. It is the Users’ responsibility to take all necessary measures to protect their own data against any attempts to corrupt it. esperity cannot be held liable for any fraudulent access to a given account or any changes made to the account.

esperity will process the User pseudonyms and passwords, as well as all personal and health information, in accordance with its Privacy Statement that has been accepted by the User.

Users can delete their accounts using the deletion procedure on the Site. The consequences of account deletion are explained in Section IX below.

 

c.      User obligations

By accessing, visiting or using the Site and/or the Services, Users guarantee and certify the following:

  • They have the legal capacity to commit to this contractual relationship.
  • They have read and approved the Terms and the Privacy Statement.
  • They will be responsible for all the use that they themselves and/or any other person using their identity make of the Site and/or Services.

d.    Ban on illegal or illicit use

Users are informed that all laws and regulations in force are applicable on the Internet.

By registering, Users certify that they will not use the Site for purposes that are illegal, or prohibited by law or the General Conditions.

This includes the fact that Users may not do the following under any circumstances:

  • Intercepting or attempting to intercept electronic mail or any other private communication not addressed to them.
  • Employing means that would result in hindering the peaceful enjoyment of the Site by third parties.
  • Sending electronic mails to other internet users, for any reason other than individual communication, and in particular, using the Site as an instrument of mass communication to send a general message unsolicited by the addressees.
  • Falsely presenting themselves as an employee, agent or officer of esperity.
  • Using all or some of the data provided and collected on the Site or any of the Services for commercial purposes, or more generally, for the sale of medical information.

Depending on their countries of origin, Users may also be subject to special laws and regulations they are obliged to know and respect.

 

 

V.             Guarantee and liability

The Site and its contents are provided as they stand with no express or implicit guarantee concerning their conditions of use and/or availability.

a.     Quality of the information and the content

esperity only has an obligation of means; it does not have any obligations concerning the content of the Site.

In General, esperity does not guarantee the completeness, comprehensiveness, accuracy, legitimacy, reliability or availability of the content and Services offered. It will use all available means to offer quality content to Users, but under no circumstances can it accept any responsibility whatsoever for any consequences resulting from the use of its Services by Users, or from the information delivered via these Services. This information is under the responsibility of each User that supplies, configures, modifies and controls it.

esperity will neither be a substitute for a doctor, nor interfere in a medical treatment under any circumstances. Users are urged to contact a health professional whenever they feel that it is necessary.

 

b.    Security/access

esperity makes all the reasonable efforts and diligently strives to maintain the operational security and integrity of the Site by adopting security measures suitable for the nature of the data and risks presented by its activities. There are, however, many factors beyond the control of esperity; these factors could interfere with the functioning of the Site. Therefore, esperity cannot guarantee continuous, uninterrupted or secure access to its Services. It follows from this that esperity cannot under any circumstances be held liable for an interruption to Site access and any respective consequences.

esperity can never be held liable for any direct or indirect damage or for any temporary or permanent incident that may affect the data or IT equipment of the User during access to the Site, a visit to an account, or in general, during the transfer of files or software from the Site to the equipment. In particular, esperity cannot be held responsible for the transmission of a virus via the Site.

esperity is not liable for any fraudulent use of its distribution system and declines all responsibility in the event of an intrusion into its IT systems and theft of data, on the understanding that esperity implements the necessary means to prevent such illegal intrusions.

c.     Updates

Despite its best efforts to ensure the accuracy of the information and/or documents on the Site, esperity denies all responsibility whatsoever in the event of an inaccuracy or failure to update information and/or documents on the Site.

d.    Damages

Within the statutory limits, esperity cannot be held liable for damage suffered by Users associated with cases of force majeure, commercial prejudice, loss of customers, loss of brand image, commercial problems, or any other specific, incidental or consequential damage arising from or associated with the Site, the Services or these General Conditions. The Site can never be held responsible for Users’ health status or any variations thereof.

 

 

e.     Content

                                      i.     Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

                                    ii.     Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

                                   iii.     Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

f.      Compensation

Users guarantee and will indemnify esperity for all third-party claims and/or proceedings of any form or nature directly or indirectly associated with the information provided and any other content distributed, or for the claims and/or proceedings caused by Users’ behavior contrary to the current provisions.

The User will pay in full any damages or interest which esperity may be sentenced to pay, as well as the legal costs and fees incurred by esperity. esperity undertakes to inform the User without delay of any such legal proceedings.

At its discretion and own expense, esperity reserves the right to participate in the defense and/or amicable settlement of a claim, or to assume the sole defense and control of the proceedings, without releasing the User from its obligations for compensation. The User may under no circumstances accept an amicable settlement that engages the liability of esperity or encumbers it with any obligation whatsoever, without the prior written consent of esperity.

g.     Withdrawal/modification of content

At its sole discretion, esperity reserves the right to withdraw without prior notification any information provided by the User which it deems harmful, inaccurate, misleading, inadequate or not in compliance with the provisions of the General Conditions, the Privacy Statement or the laws in force (see Section IX below).

h.    Hyperlinks to other sites

The Site may refer Users to other sites, the technical aspects or content of which esperity has no control over. The existence of a hyperlink to another site does not constitute a validation of the site or its content.

esperity is, therefore, not in a position to offer any guarantees concerning not only the availability of such sites, but also the completeness or accuracy of their content.

esperity declines all responsibility for direct or indirect damage resulting from the consultation or use of the websites with links on the Site, or for the information published on such sites. It also declines all responsibility for the processing of personal data on such sites.

esperity urges Users to carefully study the general conditions and privacy policies of such internet sites.

 

VI.           Intellectual property

 

 

a.     Copyright Policy

                                      i.     Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@esperity.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

                                    ii.     DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at info@esperity.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

b.    Intellectual Property

esperity grants Users a free, personal, non-exclusive and non-transferable right to access and use the Site, only on the condition that they follow the current provisions.

 

esperity grants Users a free, personal, non-exclusive and non-transferable right to access and use the Site, only on the condition that they follow the current provisions.

The User is, therefore, authorized to use the content of the Site for personal information, as a source of information or to collect data.

The Site (considered as an indivisible whole) and the various elements appearing on the Site (such as texts, photographs, catalogues, page layouts, brands, logos, illustrations, special software or videos) are protected by the intellectual property rights belonging to esperity or its licensors. Where appropriate, authorization has been granted for them to be available for publication, dissemination or use by third parties.

The logos, product & service names or company names mentioned on the Site may constitute brands, trade names or company names of their respective holders. The User expressly undertakes to respect these intellectual property rights.

Subject to the exceptions provided by law, the User shall not perform the following actions among other possible others: modifying, copying, transmitting, distributing, publishing, granting licenses, transferring, selling, reproducing or causing to reproduce all or some of the information, software, products or services obtained from the Site, either temporarily or definitively, by any process, known or unknown, on any medium, without the prior written consent of esperity. Failure to comply with this ban constitutes an infringement that may result in civil and criminal penalties.

Hypertext links to the Site are accepted under the express condition that they link to the Site homepage, and that they not be associated with denigrating or defamatory comments towards the Site.

c.     Intellectual property of Users

For content protected by the intellectual property rights that the User may hold, the User grants a non-exclusive, transferable and sublicensable worldwide license, with no fee, for the use, reproduction, modification, translation, distribution, adaptation and communication of the content published on the Site or sent via electronic mail. This license shall apply throughout the statutory copyright period.

For testimonies, advice or recommendations, this license shall allow esperity to publish the User’s contribution on the Site as a whole or to send it to other Users that may be interested in it. The license shall also allow esperity to modify or withdraw the contribution if this should prove necessary for the Site administration. Moreover, this license covers the moral rights that the User may possess, which the User renounces unless it can be demonstrated that the modification concerned is prejudicial to the User’s honor or reputation.

 

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

d.    Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

 

VII.          Confidentiality and respect

The User agrees to treat the information, images or other content arising from an activity associated with esperity as strictly confidential, and not to transmit them to third parties.

Users are also banned from using the information obtained from the Site to mistreat, harass or injure other persons or to contact, promote, solicit or sell the information concerning such persons without their explicit prior consent.

 

VIII.        Processing of personal data

In accordance with the laws in force, the automatic processing of personal data performed using the Site is covered by a prior declaration to the Belgian Privacy Commission (www.privacycommission.be/fr)

The conditions and procedures pertaining to processing Users’ personal data by esperity are defined in the Privacy Statement, which forms an integral part of these Terms regarding the Site.

The Privacy Statement can be found on the Site, along with the Terms.

 

IX.            Deletion and termination

Users can delete their accounts following the due procedure.

In addition, esperity may delete an account on its own initiative. This deletion may be due to inactivity for a specified period of time, and/or a temporary measure taken by esperity against a suspicious account; for example, when esperity has good reason to believe that the User does not comply with the Terms, and/or when a request is made by a third party or his/her delegated competent representative, who alleges that the former’s rights have been violated. The User cannot claim any compensation for this deletion, even when the suspicion or allegation proves to be mistaken.

Regardless of who takes the action, i.e., the User or esperity, the account is deemed to be deleted, which leads to the following consequences:

Deleted accounts are no longer visible for other Users, but they are not erased either. esperity is in fact expressly authorized to indefinitely retain all the information accumulated in the account prior to its deletion, with the exception of the User’s identification data, which must either be erased or coded at the discretion of esperity. All unstructured User data will, however, be erased during the deletion process.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

 

 

X.             Miscellaneous provisions

 

 

a.     Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

b.    “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

c.     Governing Law

The General Conditions are governed by and interpreted in accordance with Belgian law.

Any infringement related to the use of this Site will be subject to the exclusive jurisdiction of the Brussels courts.

Any dispute concerning the use of the Site shall fall under the jurisdiction of the Brussels courts.

 

d.    Agreement on proof

esperity and the User agree that they can proceed with the exchange of information required for the performance of this contract by electronic means. All electronic communication between the parties is presumed to have the same probative force as paper-based communication. Users’ utilization of their esperity identification information allows the Site to verify that the Site is being accessed by the Users themselves.

A hard copy of the General Conditions and any warning delivered in electronic form will be accepted in any legal or administrative proceeding associated with this contractual relationship, in the same way and under the same conditions as other documents and commercial records created and stored as hard copies.

e.     Divisibility

If any part or the whole of any of the clauses in the General Conditions should be declared null and void, invalid, illegal or inapplicable under the terms of the applicable law, such a situation shall not affect the validity of the remaining clauses. The clause that is null and void, invalid, illegal or inapplicable shall be replaced retroactively by a valid and applicable clause with content as similar as possible to that of the original clause.

f.      Entirety of agreements

Concerning Site access and use, the General Conditions and the Privacy Statement constitute the entirety of the agreements between the User and esperity.

The General Conditions supersede all previous oral or written communications, offers, proposals or correspondences between the User and esperity.

g.     Force majeure

Notwithstanding any provisions to the contrary, neither party shall be held responsible for a delay in the execution or non-execution of their obligations resulting from events of force majeure (such as strikes, wars, earthquakes, disasters of any kind, the direct or indirect effects of explosions, fires, conditions of extreme heat, floods or any other case of force majeure, as the concept is defined under Belgian law).

h.    Relationships

This User contract can under no circumstances be considered as a partnership, joint venture or any other link between the parties, and neither party can be considered as the agent or employee of the other. The relationship that esperity has with Users is that of an independent contractor.

In the event of a dispute between Users or between Users and a third party, esperity has no obligation to become involved. Concerning such disputes, Users release esperity, its directors, employees and other members from any known or unknown proceedings, damages and interests of any nature.

 

 

i.      Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

j.      For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

k.     United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

l.      Severability and Waiver

                                      i.     Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

                                    ii.     Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

m.   Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

n.    Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

o.    Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@esperity.com