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General conditions of use for the esperity.com website

The purpose of these conditions is to define the General Conditions of Use (hereafter referred to as “General Conditions”) for the esperity.com website (at https://www.esperity.com; hereafter referred to as “Site”). Please refer to the Privacy Statement for details pertaining to the processing of personal data provided by registered persons (hereafter referred to as “Users”).

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 General Conditions

The purpose of these General Conditions 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 create an account, they expressly accept the General Conditions.

In any case, consultation of the Site entails unreserved acceptance of the General Conditions. Users who do not accept the General Conditions cannot use the Site, and they are immediately offered the option of leaving the Site.

III. General description of the services provided by the Site

Purpose of the Site

esperity has developed a software designed to bring together people with cancer through a worldwide network of Users dedicated to such people, regardless of their location or language. Moreover, thanks to the standardization of illnesses, symptoms, treatments and Users’ general health condition, the Site allows Users to interact with the medical community (doctors, hospitals, pharmaceutical companies, etc.), thus making research material and statistics available for the latter. This is not an exhaustive description of all the activities of the Site (see the Site itself).

The Site does not provide medical consultation

Medical or any other type of information obtained through 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.

Other services provided by the Site

The Site may contain hypertext links to other specialized medical 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 monthly 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.

IV. Site access conditions and procedures

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.

User account

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

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

During account creation and registration, Users undertake to provide accurate, complete and up-to-date information (see our Privacy Statement).

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

For health information that requires the use of equipment or measurements taken with equipment (e.g., blood pressure, weight, temperature, etc.), esperity cannot be held liable for the data provided by such equipment or for erroneous data resulting from the incorrect use of the equipment.

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.

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 General Conditions 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.

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.

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.

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.

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.

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.

Users liability with regard to esperity

User content

esperity encourages Users to share experiences and information concerning their state of health, lifestyle, medication, treatment and other related data via its platform.

By publishing information and content, such as photos, documents, comments and reactions on the Site, everyone contributes to the dialogue and to the functioning of the Services.

For this dialogue to take place properly and for the Service to be effective, each User undertakes to comply with all the General Conditions and applicable legal regulations.

Public communication

Users are aware that everything they publish via the interactive services of the Site will be made public, and engage their individual and exclusive liability.

They recognize that they are solely responsible for all the content posted online by them or through their account, for any consequences that their contributions may lead to, for all their failures to fulfill the obligations under the provisions or legal notices applicable to the Site, and for all consequences of such failures.

Users acknowledge that they are solely responsible for all the contacts they make via the interactive services of esperity.

Information supplied

The information supplied by Users cannot

  • be false, inaccurate or misleading (it must be true and verified to the highest possible extent),
  • be defamatory, illegally threatening or harassing,
  • be obscene (pornography or pedophilia), contrary to public order or indecent,
  • contain aggression or insinuations based on race, beliefs or a lack of thereof, ethnic origin, sex or sexual orientation,
  • contain viruses, Trojan horses or any other IT program intended to harm, intercept or expropriate the system, data or personal information, and
  • infringe on the rights of third parties, such as intellectual rights, or the right to privacy and personal data protection.

It follows that Users must ensure that all information and/or documents from third parties included in the information they supply is used with the prior express authorization of the third party concerned.

When Users put content protected by intellectual property (photo, text, drawing, etc.) online, they commit themselves to getting the right holder’s prior authorization to use the content. In addition, when the content put online is a photograph of an identified or identifiable person, Users agree to have the respective person’s prior authorization to use the photograph, even when the photograph in question is taken by the User.

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.

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).

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

Intellectual property of esperity

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.

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.

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 General Conditions regarding the Site.

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

IX. Deletion

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 General Conditions, 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.

X. Miscellaneous provisions

Modification of the General Conditions

Without notification esperity, may modify the General Conditions at any time, to reflect the modifications made to the Site or changes in legislation, or for any other legitimate reason.

In the particular case of a necessary adaptation of the Services to reflect legislative changes, esperity will do its best to perform these adaptations as quickly as possible. During this period, Users recognize that esperity cannot be held liable for temporary failures of conformity.

The new General Conditions will be put online with the date of modification, and they will then be applicable to all User accounts within thirty days.

The version of the General Conditions that is binding for the parties is permanently available on the Site.

Users undertake to keep themselves informed of such modifications by consulting the Site page displaying the General Conditions on a regular basis.

Assignment of rights and obligations

Each party undertakes to refrain from assigning to a third party all or some of their rights and obligations without the other party’s express prior written consent, which cannot be refused without good reason. The rights and obligations of esperity can, however, be freely assigned to companies that can be considered to be linked or associated under the terms of the Code of Companies.

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.

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.

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.

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).

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.

Notification

All communications and notifications concerning use of the Site and Services must be according to the following procedure:

  • To esperity: by sending an electronic mail to info@esperity.com
  • To the User: by sending an electronic mail to the electronic-mail address provided

Applicable law and court jurisdiction

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.

Last update: October 16th2013