Terms of use

1.     DEFINITIONS

“Agreement” is the software-as-as-service agreement executed between the Customer and Platform Provider pursuant to which Platform Provider provides access to the Fun To Work With Solution and related (consultancy) services to the Customer;

“Customer” is the customer (B2B) of Platform Provider who entered into an Agreement with Platform Provider and who wishes to give its Users access to the Platform;

“Force Majeure” means the situation in which the performance of the obligations of Platform Provider is prevented in whole or in part, temporarily or otherwise, beyond the control of Platform Provider. The following, among others (not limitative), are considered Force Majeure: fire, war, terrorist attacks, adverse weather conditions, force majeure of the external service providers, defectiveness of products of the external service providers, government measures, failure of Internet, data network or telecommunication facilities, the unavailability of third-party servers, strike, unavailability of employees and/or their equipment, general transportation problems and electricity failure;

“Input” are the answers, feedback or input provided by Users when answering targeted questions using the Platform;

“Personal Data” means the personal data a User as defined in the GDPR;

“Platform” means https://yourteam.funtoworkwith.com ;

“Platform Provider” means the company operating the Platform: Fun to work with BV, registered under registration number 0763.535.549;

“User” is an employee or consultant who is explicitly authorized by the Customer to access and use the Platform;

“Terms of Use” are these terms and conditions applicable to the access and use of the Platform by the Users.

2.    TERMS OF USE OF THE PLATFORM 

Article 1.   Scope of the Terms of Use

• 1.1 – The Platform aims at providing Customers i) an insight on their company climate, leadership and wellbeing of their employees through Input provided by their employees (via the Platform) and ii) hands-on advice on how to improve the latter. These Terms of Use govern the access and use of the Platform by Customer’s Users.
• 1.2 – The Agreement executed between Platform Provider and the respective Customer does not fall within the scope of these Terms of Use.

Article 2.   Account

• 2.1 – Platform Provider will create a master account for each Customer with an active Agreement in place (“Administrator Account”). Through the Administrator Account, sub-accounts will be created for each User entitled by such Customer to access and use the Platform (“User Account”). Customer can manage (create new account, suspend or terminate accounts) the respective User Accounts through such Administrator Account.
• 2.2 – Each User will be provided with a link to activate its User Account. At the time of activation of the User Account, the User will be requested to accept these Terms of Use; the acceptance of these Terms of Use is a requirement for activation of the Account and access and use of the Platform.
• 2.3 – Subject to User’s acceptance of and compliance with these Terms of Use, Platform Provider grants the User a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to access and/or use the Platform during the term of the Agreement, solely for the purposes defined by the Customer.
• 2.4 – Each User is responsible and liable for all activities that occur under or in its User Account. Users are required to keep their user ID and password information strictly confidential. Any unauthorized access to the User Account shall immediately be reported to the Platform Provider.
• 2.5 – The User guarantees that the data it passes on to the Platform Provider for the purpose of creating such User Account is correct and complete. If there are any changes, the User must pass these on to its employer (the Customer) allowing the Customer to update this information through the Administrator Account.

Article 3.   Rules of use of the Platform

• 3.1 – Each User hereby warrants:
  • (i) that its actions on the Platform will not harm the reputation and/or image of Platform Provider or the Platform or of any other user;
  • (ii) to act at all times in accordance with its employer’s (i.e. Customer) and/or Platform Provider’s guidelines and instructions regarding the use of the Platform;
  • (iii) not to use the Platform for illegal purposes, or for political propaganda or commercial activities.

• 3.2 – Each User herby acknowledges and agrees that the Input provided in the Platform’s segments of ‘Reality Check’ and ’Business Performance’ is not anonymous. The Input provided in the Platform’s segment ‘Team Climate’ and Leadership’ is fully anonymized.
• 3.3 – Users shall under no circumstances be allowed to: (i) copy, modify, create derivative works of, make available or distribute, publically perform, or display any part of the Platform (including by incorporation into its products), or use the Platform to develop any service or product that is the same as (or substantially similar to) it; (ii) sell, license, lease, assign, transfer, pledge, rent, sublicense, or share its rights under these Terms with any third party; (iii) use any “open source” or “copyleft software” in a manner that would require Platform Provider to disclose the source code of the Platform to any third party; (iv) disclose the results of any testing or benchmarking of the Platform to any third party; (v) disassemble, decompile, decrypt, reverse engineer, extract, or otherwise attempt to discover the Platform’s source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms); (vi) remove or alter any trademarks or other proprietary right notices displayed on or in the Platform; (vii) circumvent, disable or otherwise interfere with security-related features of the Platform or features that enforce use limitations; (viii) export, make available or use the Platform in any manner prohibited by applicable laws; and/or (ix) store or transmit any malicious code or other unlawful material in connection with the Platform.

Article 4.   Term and termination

• 4.1 – Subject to compliance with these Terms of Use and subject to termination in accordance with the provisions of this Article 4, Users shall be entitled to use the Platform during the term of the Agreement in place between the Platform Provider and the Customer (employer of the individual User).
• 4.2 – Platform Provider is entitled to suspend the access to and use of an individual User Account and block access to the Platform in case it suspects that the User violates the Terms of Use. Platform Provider may resume to grant access to the Platform if the violation has been remedied by the User within thirty (30) calendar days as notice being given by Platform Provider.
• 4.3 – In case an individual employee or consultant leaves the company of the Customer, Customer can terminate the individual User Account through the Admininstrator Account.
• 4.4 – Platform Provider is entitled to terminate an individual User Acccount with immediate effect in the following cases:
  • (i) Fraud committed by the User;
  • (ii) A proven gross error or material contractual breach by the User which has not been rectified within a period of thirty (30) calendar days after it was served with a notice of default by registered letter by Platform Provider claiming the error or breach.
• 4.5 – In case the underlying Agreement with the Customer is terminated, the Administrator Account of the Customer shall automatically be terminated and accordingly, all individual User Accounts shall be terminated as well.
• 4.6 – In the event of suspension or termination of the Account by Platform Provider pursuant to the provisions of this Article, the User is not entitled to claim any compensation from Platform Provider.

Article 5.   Intellectual property rights

• 5.1 – The User acknowledges that all (intellectual property) rights vested in the Platform, its design and all brands and logos of Platform Provider are and will remain the property of Platform Provider and may not be used in any way by the User without the prior written permission of Platform Provider.
• 5.2 – Acceptance of these Terms of Use does not convey to the User any interest in or to the Platform other than the limited right to use the Platform in accordance with the terms defined herein.
• 5.3 – Users shall under no circumstances file and/or register in his/her own name, a trademark or domain name registration containing the element “Fun to work with” or any element or logo similar thereto.
• 5.4 – Any anonymous information, which is derived from the use of the Platform which is not personally identifiable information may be used by Platform Provider for providing the Platform and its related services, for development and further improvement of the Platform and/or for statistical purposes.
• 5.5 – The Platform may use or include third party open-source software that are subject to third party open-source license terms. If there is any conflict between any open-source license and these Terms of Use, then then open-source license terms will prevail but solely in connection with the related third-party open-source software. Platform Provider makes no warranty or indemnity hereunder with respect to any third-party open-source software.

Article 6.   Processing of Personal Data

The implementation of these Terms of Use involves the processing of Personal Data. For the processing of Personal Data in execution of these Terms of Use, Platform Provider has the capacity of controller according to the General Data Protection Regulation. Personal Data processed pursuant to these Terms of Use shall be processed in accordance with Platform Provider’s Privacy Statement which can be consulted on Platform Provider’s website and on Platform Provider’s Platform.

Article 7.   Limited warranty

• 7.1 – The Platform will be provided on an ‘as is’ and ‘as available’ basis. Platform Provider does not warrant that the Platform, its related services and reports i) will operate error-free, or ii) will be able to fine all weaknesses, vulnerabilities or other security related issues in User’s applications or network environment.
• 7.2 – Platform Provider further disclaims all implied warranties, including merchantability, satisfactory quality, non-infringement, non-interference or fitness for a particular purpose.
• 7.3 – Platform Provider will not be liable for delays, interruptions, service failures or other problems inherent in the use of internet and electronic communications or for issues related to public networks.

Article 8.   Limitation of liability

• 8.1 – Except in the case of intent and/or gross negligence on the part of Platform Provider, Platform Provider cannot be held liable in any way for direct or indirect damages suffered by the User in connection with the access or use of the Platform or the User Account such as, but not limited to, damages and costs resulting from the improper functioning of the Platform or technical failures.
• 8.2 – In the event that Platform Provider is unable to make the Platform available for reasons of Force Majeure, Platform Provider can in no case be held liable for any damages resulting from this.

Article 9.   Applicable law and competent jurisdiction

These Terms of Use are subject to Belgian law. In case of disputes regarding the acceptance, validity, interpretation, execution of these terms and conditions, the courts of the judicial district of East Flanders, Ghent division will have exclusive jurisdiction.

Article 10.   Miscellaneous

• 10.1 – User is not entitled to transfer (part of) his/her User Account to a third party without the prior written consent of Customer and Platform Provider.
• 10.2 – Platform Provider’s failure to enforce any provision of these Terms of Use at any time or for any period of time, or its failure to exercise any right under these Terms of Use, shall not be construed as a waiver of this provision or of its rights and shall in no way affect Platform Provider’s right at any time to enforce this provision or to exercise this right.
• 10.3 – If the operation or validity of one or more of the above provisions of these Terms of Use is compromised, this shall not affect the validity of the remaining provisions of these Terms of Use. In such a case, Platform Provider shall have the right to replace the provision in question with a valid provision of similar intent.
• 10.4 – Platform Provider reserves the right to change the Terms of Use at any time without prior notice to the Customer or the Users. The further use of the Platform will then be considered as an acceptance of the modified conditions.