Q-ID WEB APP
TERMS OF USE
Last updated [10-02-2022]
1. INTRODUCTION
1.1 These terms of use (the “Terms of Use”) govern the use of the Q-ID web app (the “Web App”). These Terms of Use are concluded between IPOPI, located at Avenue Louise/Louizalaan 367, BE-1050 Brussels, Belgium and registered under enterprise number 0761.784.055 (hereinafter “IPOPI”, “we”), the owner of the Web App, and you, as a user of the Web App (“you”, “user”).
1.2 Prior to using the Web App, you must carefully read and accept these Terms of Use, including the Privacy Notice, which forms an integral part of the Terms of Use. By using the Web App, you declare to have read and accepted these Terms of Use.
1.2 From time to time, we will update these Terms of Use and the Privacy Notice to reflect changes in applicable laws or developments in technological progress. We, therefore, advise you to regularly check these Terms of Use and the Privacy Notice for any updates. If we make any material changes to the Terms of Use or the Privacy Notice, we will try to inform you of this and ask you to accept these updates. If you do not agree to the Terms of Use or any changes thereof, please refrain from further using the Web App.
2. PURPOSE OF THE WEB APP
2. 1 We are the International Patient Organisation for Primary Immunodeficiencies dedicated to improving awareness, access to early diagnosis and optimal treatments for primary immunodeficiencies (PID). We have created this Web App for educational purposes.
2.2 You can use the Web App to test and improve your knowledge about PIDs and to review and keep track of your test scores. You can also share your scores on third party social media or electronic communication networks (“Third-Party Networks”). You cannot use the Web App for any other purposes.
2.3 You warrant that you will use the Web App and the functions as described above in accordance with these Terms of Use and more in particular in compliance with Section 7 (“Code of Conduct”).
3. GENERAL RULES
3.1 You may only use the Web App and all connected services and content for your own personal, non-commercial use.
3.2 You can only access and use the Web App, its contents and the information contained therein in accordance with these Terms of Use and any applicable laws. To the fullest extent permitted by law, IPOPI shall not be held liable in any way for any use other than in compliance with applicable laws and these Terms of Use.
3.3 You acknowledge that the functionality of the Web App depends on a number of external factors (such as but not limited to availability of a network connection) which are outside IPOPI’s control. In addition, while we do our best to provide the Web App without errors or inaccuracies and to ensure access to the Web App at all times, we do not make any warranties regarding the content or the availability of the Web App.
3.4 IPOPI reserves the right to interrupt the service of the Web App to carry out technical interventions aimed at improving its operation, without any notice to you.
3.5 This Web App is intended to be used by users who have reached the age of majority under applicable law (i.e. at least 18 years old). If you are younger than the age of majority, you should review these Terms of Use and the Privacy Notice with your legal guardian and only consent to the processing of your personal data and accept these Terms of Use together with your legal guardian.
4. PRIVACY AND DATA PROTECTION
We will process your personal data at all times with the Privacy Notice, the Cookie Policy and applicable data protection laws.
5. ACCESS TO AND USE OF THE WEB APP
5.1 You can access the Web App by making use of the URL to be found on IPOPI’s website or on any of IPOPI’s other materials.
5.2 If you access the Web App for the first time, you will be asked to register by choosing an email address and password and by providing certain personal information about you (e.g. name, surname, country…). You can also register by connecting to your Facebook or Gmail account. If you connect by making use of this last option, please read Section 8 regarding third party links and content carefully. You can also proceed without registering. In the latter case, information such as your test scores might not be stored by the Web App.
5.3 If you open the Web App after completing the first registration, access to the Web App is subject to user authentication, so you can access your personalized account. You can log in by submitting the combination of the email address and password provided during registration.
5.4 By registering and creating an account, you undertake to:
(a) Keep your access credentials, consisting of your password and email, confidential. You acknowledge that your access credentials are strictly personal and you assume the commitment to keep them secure and to prevent unauthorized third parties from using them. In the event that you discover unauthorized access by third parties, you must promptly notify IPOPI; and
(b) Not market, sell, or transfer the Web App access credentials to third parties.
5.5 You are responsible for making sure that the data that you provide in the Web App are correct and complete. IPOPI cannot be held liable for any damage that is the result of reliance on incorrect or incomplete information in the Web App.
5.6 You agree to communicate to IPOPI any problems you experience when using your account and/or the Web App, by sending an email to info@ipopi.org
5.7 The email address that you provide to log in, will be used to send any service announcements.
6. DEVICE REQUIREMENTS
6.1 In order to use the Web App, you must have a device with a performance compatible with the software of the Web App and a working internet connection.
6.2 The Web App is made available to you free of charge. Additional costs will depend on the telecommunications operator chosen by the user for connection to the internet and/or mobile service.
6.3 You acknowledge that the use of the Web App on your device is at your sole risk.
7. CODE OF CONDUCT
When making use of the Web App, you, and any person who you have permitted to use your device or user account, agree to adhere to the following rules of conduct:
(a) You do not violate any applicable laws or regulations, including with the content you upload on your account, and you use the Web App in good faith and as a diligent user would;
(b) You cannot reproduce, duplicate, copy, sell, resell or exploit the Web App or the content of the Web App;
(c) You do not tamper with the organisational and technical measures installed by IPOPI to guarantee a secure and safe environment for its users or use a device or software that could interfere with these measures;
(d) You do not upload content on your account that is inappropriate, harmful or that violates the (intellectual property) rights of a third party;
(e) You do not (attempt to) interfere with the software used by IPOPI or engage in hacking, spamming, installing malware or other viruses;
(f) You cannot modify or make any derivative works of the (content on the) Web App, in whole or in part, or remove any proprietary notices or labels;
(g) You cannot impersonate another user or attempt to obtain, the password, account information, or other private information from other users;
(h) You agree to alert IPOPI as soon as possible in any case that you become aware of a person violating the Terms of Use or abusing the (content of the) Web App.
8. THIRD-PARTY LINKS OR CONTENT
The Web App refers to websites and apps of third parties such as Third-Party Networks. IPOPI has no control over the content that is produced on such websites and apps and cannot be held responsible for any activity on these websites. A referral by IPOPI to websites or products of third parties does not mean that IPOPI has reviewed and/or approves or recommends such websites or products. Likewise, if websites of third parties refer to IPOPI or the Web App, this does not mean that IPOPI is in any way affiliated with such website or has approved the content of such external website. We advise you to consult the terms and conditions, including the privacy policy, of such websites of third parties for more information.
9. NO MEDICAL INFORMATION
You may use the Web App at your own risk. The content on the Web App is provided for general information only and does not constitute any medical advice or diagnosis on which you should rely. The information on the Web App can not be construed as counselling or a recommendation, and cannot serve as the basis for any decision or action. Any medical information on the Web App or on IPOPI’s website or other materials cannot replace the detailed medical advice tailored to your needs. Nothing on the Web App can be construed as intending to replace the advice or diagnosis of a healthcare professional. You are advised to seek help from a competent healthcare professional for any questions regarding your medical condition.
10. LIABILITY AND INDEMNIFICATION
10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB APP IS PROVIDED “AS IS” AND YOUR USE OF THE WEB APP IS AT YOUR OWN RISK. IPOPI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. This includes, without limitation, that we do not warrant (express or implied) that the Web App is free from errors, defects, viruses, or harmful components.
10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IPOPI, ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR (i) ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR OMISSIONS OR BREACH OF THESE TERMS OF USE; (ii) WHICH ARISE AS A RESULT OF A THIRD PARTY’S ACTS OR OMISSIONS OR ANY OTHER ACTS OR OMISSIONS BEYOND OUR CONTROL; OR (iii) FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST PROFITS, LOSS OF OPPORTUNITY OR DAMAGE TO REPUTATION. Nothing in these Terms of Use shall limit either IPOPI’s or the user’s liability for death, personal injury, fraud or fraudulent misrepresentation or any category of liability that cannot be limited by law.
10.3 You agree to indemnify, defend and hold IPOPI, its respective officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, lawsuits, governmental action, or losses suffered or incurred (including reasonable attorney’s fees) arising out of or as a result of your use of the Web App including without limitation your violation of these Terms of Use or any applicable law or regulation.
10.4 IPOPI has no obligation to provide technical support for the installation and/or maintenance of the Web App. At any time and for any reason, without prior notice or liability, IPOPI may modify or terminate the service or any part of it or impose any restrictions on the use or access to the Web App.
10.5 If you are a consumer, nothing in this Section 10 or the remainder of these Terms of Use shall affect your rights to rely on mandatory provisions of local law to protect consumer
11. TERM AND TERMINATION
11.1 These Terms of Use will be effective as of the moment that you sign up and access the Web App in any other way for the first time.
11.2 Without prejudice to any other remedies IPOPI may have under these Terms of Use or under applicable laws or regulations, we can terminate these Terms of Use (in whole or in part) with immediate effect if we believe you have violated these Terms of Use or if we no longer offer the Web App or the relevant services. We can also terminate these Terms of Use by giving you reasonable notice. You may terminate these Terms of Use at any time.
11.3 If these Terms of Use are terminated or expire, you will no longer be able to make use of the Web App and your license under these Terms of Use shall be revoked with immediate effect. Any provisions of the Terms of Use that are by their nature intended to survive termination or expiration of the Terms of Use, shall survive termination or expiration.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We grant you a personal, limited, non-transferable, non-assignable, revocable and non-exclusive license to use the Web App for your non-commercial use, provided that you use this license in conformity with these Terms of Use. The content and materials on the Web App are protected by trademarks, copyright, design rights, trade secrets and other proprietary and intellectual property rights and nothing in these Terms of Use or on the Web App can be seen as a transfer or assignment of such rights. You cannot, either in part or in full, copy, distribute, sell, reverse engineer, modify the content or materials on the Web App, including (without limitation) its software, written materials, images, audio and video materials, or use such content for public or commercial purposes without our prior written consent. You may not use the Web App for anything other than its intended purposes.
12.2 All title, ownership, and intellectual property rights in and to the Web App are owned by IPOPI and IPOPI’s licensors. The Web App including its content is licensed, not sold, for your use. This license does not confer any title of ownership.
12.3 You grant IPOPI a transferable and assignable right to use the information submitted by you in the Web App solely for providing the services in the Web App.
13. CONTACT DETAILS
If you have any questions or queries regarding these Terms of Use and/or the Web App, you can contact us at info@ipopi.org
14. MISCELLANEOUS
14.1 These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, written or oral.
14.2 The invalidity, even if partial, of one or more clauses of these Terms of Use shall not entail the invalidity of the whole Terms of Use, nor that of the remaining clause being partially invalid.
14.3 To the extent permitted by (mandatory consumer) law, IPOPI can assign its obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these Terms of Use to a third party.
14.4 Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms of Use for failure or delay in fulfilling or performing any obligations under these Terms of Use to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party (including but not limited to fire, floods, embargoes, war, acts of war, terrorism, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in acting by any governmental authority or the other party).
14.5 No delay or omission by any party to exercise any right occurring upon any non-compliance or default by the other party with respect to any provision of these Terms of Use will be construed to be a waiver of such right. A waiver by one party of any of the obligations to be performed by the other party will not be construed to be a waiver of any succeeding breach of these Terms of Use or of any other obligation contained in these Terms of Use.
