Terms of Service

In accordance with the data protection legislation, we kindly ask you to read our terms of use. You must accept these Terms of Use and privacy rules to sign up for famidesk online services.

  • Definitions & Application

The "Website" is the website available at the following address: " https://app.famidesk.io ". The website is administered and managed by famiDesk SPRL located at 4, rue des Pères Blancs 1040 Brussels which can be
contacted at and at the email address: contact@famidesk.com, registered with the ECB under the number: 0682632055, (hereinafter referred to as "the service provider").
The term "User" refers to any user, any natural or legal person, registered or not on the Website, and who consults the Website or its content, who downloads files, uses them, registers via
any form available on the Website, becomes a member, subscribes or contracts with the provider.
The service provider and the user are hereinafter referred to as "the parties".
By surfing the Website, reading documents, downloading files, consulting and / or using them in any way, by registering via any form available on the Website, becoming
Member, by subscribing or contracting with the service provider, the user formally and unreservedly declares his agreement to these terms and conditions and undertakes to comply with them.
These conditions are applicable to any consultation of information, order, subscription, and contract binding the parties. In addition, these general terms and conditions exclude all other general conditions and
substitute. The service provider reserves the right to modify these terms and conditions at any time without prior notice. These changes will immediately apply to any use of the website.
Additional rules and guidelines will be deemed to form part of these terms and conditions. It is therefore advisable for the user to regularly refer to the latest version of these
conditions, permanently available at the following address: https://famidesk.com/conditions-utilisations/.

  • Access & use of the Website and its contents

The Website can be accessed by computers on which a current software is installed (browser, operating system, etc.). The service provider does not guarantee compatibility and can not be held
responsible if the user can not view and / or use all or part of the Website or its content, for any reason.
Therefore, it is up to the user to acquire the computer resources, and possibly human, necessary to ensure its connectivity with the Website.
As part of the user's access to the Website or its content, it expressly prohibits, in any way whatsoever and regardless of the technical means used, to:

  • attempt to gain access to parts of the website that are not publicly posted online
  • to do anything that could, at any time, compromise the proper functioning of the Website, in any manner whatsoever
  • use any (automatic) system, such as, without this list being limiting, "robots", "spiders", "offlines readers", etc., with the aim of creating: (1) denial attacks service (in particular
    but not limited to Network DoS, Application Dos, Network DDoS, including DrDOS, or Application DDoS); (2) messages to influence questions and queries, answers and
    participation in competitions, votes, or any interaction with another user of the Website, even when the user responds to a request made on the Website (eg participation in a
    competition).
  • post, upload, send, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, threatening to life
    deprived of others, hateful, racist, or otherwise objectionable
  • consult, display, download, send, transmit, any content that would be contrary to the international laws in force. 
  • attempt to mislead other users by usurping the name or corporate name of other persons
  • download, post, send, transmit by e-mail or in any other way any violent content, any patent, trademark, trade secret, intellectual property right or any other right of
    property belonging to others
  • upload, post, email or otherwise transmit any Content that contains computer viruses or any other code, file or program designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunication tool without this enumeration being exhaustive
  • commit any action that disrupts the ability of other users to access the Website
  • to refuse to comply with the conditions, procedures, general rules or regulations applicable to the networks connected to the Website
  • harass in any way one or more other users of the Website or its content, collect and store personal data relating to other users.

The user agrees to take all reasonable and necessary precautions to prevent his equipment or data from being infected with viruses, bugs, Trojan horses, or any other malicious computer program of any kind whatsoever. is.
For access or use of certain parts of the Website, the user may have to register or become a member. In this case, when registering, the user agrees to provide accurate, up-to-date data, and
complete, and to ensure regular updating. Otherwise, the provider will be entitled to suspend or terminate the account of the user, or deny access to all or part of the Website or its content.
In this case, the user agrees to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his password and any use that may occur without his knowledge. In case of doubt about the confidential nature of the password, it is up to the user to modify it immediately or to notify the provider in writing as soon as possible.
The user accepts that the features offered through the Website may change. Thus, some will be deleted and others added, without the user being able to consider that access to a
particular functionality does not constitute an acquired right. Similarly, the provider alone will decide whether to include or delete any content presented on the Website.
The provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the Website without having to inform
previously users.
This will be the case, for example, in the event of maintenance of the Website or significant modification of the content and / or the proposed functionalities.
This will also be the case where the provider may legitimately believe that the user has violated, or acted in contradiction with, these general conditions or any other legal provision in force at the time of the violation. 

  • Licence

The user receives only the right to consult the Website and its content in a personal capacity. As such, the user has a personal license to use the Website and its content, non-transferable, not
transferable, and exclusively limited to personal use. The duration of the license is limited to the duration of the user's access to the Website.
Any commercial use of the Website is strictly prohibited. The term "commercial use" refers, without this enumeration being exhaustive, to any sale or lease of the various functionalities of the Website, registrations of all or part of the content available on the Website, or any use of the Site. Web and its components with the sole purpose of generating revenue.
It is also strictly forbidden for the user, who can not otherwise give permission to others, to:

  • modify, reproduce, copy, borrow, distribute all or part of the Website or its content
  • create derivative works based in whole or in part on the elements found on the Website
  • reverse design or assembly or otherwise attempt to find the source code of all or part of the Website
  • create a hypertext link to or from the Website, without the prior and express agreement of the service provider
  • sublicense or otherwise transfer any rights to the Website and / or its contents, including but not limited to any rights in the Software.

 

  • Intellectual & Industrial Property

Concept, content, lay-out, structure, source code, programming, images, photos, information, information elements, logos, drawings, brands, models, slogans, the software, animations, audiovisual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website, belong, are and remain the exclusive property of the provider, and are protected by various intellectual and / or industrial property rights (including copyright, trademark law, the sui generis right of
database producer, etc.), which the user recognizes and accepts.
By surfing the Website or consulting it, registering, becoming a member, downloading the files, or using the content of the website, in any way, the user does not become in any way
holder of any of the aforementioned rights or assimilated rights.
The provider guarantees that the elements present on the Website and made available to the user solely on the part of the provider respect the rights of third parties, and in general are not illegal.
The storage of any information and / or element of the Website in a database (electronic) is not allowed, except for the automatic taking of information by the browser.

  • Using famidesk services and support

A famiDesk account is required to access most Services. Your famiDesk account allows you to connect to products, websites and services provided by famiDesk. To create a famiDesk account, Register online. You agree not to use any incorrect, inaccurate or misleading information when registering your famiDesk account.

If you create a famiDesk account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to enter into this agreement on behalf of that entity. You may not transfer your famiDesk account to another user or entity. To protect your account, be careful not to reveal your account information and password. You are responsible for all activities done with your famiDesk account.

To keep your free famiDesk account active, you must use it. You must log in at least once every 6 months in order to keep your famiDesk account and the associated Services active, unless otherwise stipulated in an offer for a fee-based portion of the services. If you do not log in during this time, we will consider your famiDesk account as inactive and we will close it.

If we reasonably suspect that your famiDesk account is fraudulently used by a third party (for example, after your account has been compromised), famiDesk may suspend your account until you claim ownership. Given the nature of the compromise, we may have to disable access to all or part of your content. If you are unable to access your famiDesk account, please visit the following website https://support.famidesk.com

  • Use of accounts by children.

By registering, you declare that you have reached the age of "majority" in effect in your country of residence, or have the valid authorization of a parent or legal guardian, to be bound by these conditions. If you do not know if you have reached the age of majority in your country of residence, or if you do not understand this article, do not create a famiDesk account until you have asked for help. parent or a legal guardian. If you are the parent or legal guardian of a minor who is creating a famiDesk account, you agree to these terms and conditions on behalf of the minor and you are responsible for monitoring the use of that account. it makes the famiDesk account, or services, including purchases, whether the account is already created or later.

  • Managing an account instead of a user 

The management of a famiDesk account can only be done when you have the specific rights of coordinator famiDesk. The coordinator has the ability to create and manage the account of a tier user who no longer has the ability to do it by himself. On the basis of an explicit authorization of the user tier, the coordinator can update the personal data of this user in accordance with his interests and all the provisions set out in the previous paragraphs.  

  • Closing your account

You may cancel particular services or close your famiDesk account at any time for any reason. To close your famiDesk account, please send us your request via the contact form at https://famidesk.com/contact/. When you request the closure of your famiDesk account, it will be suspended for thirty (30) days in case you change your mind. At the end of these thirty (30) days, your famiDesk account will be closed. You can ask us to reactivate your account within thirty (30) days via the contact form at https://famidesk.com/contact/Your famiDesk account will be reactivated. 

  • Closing of a home

The data is stored in the database for 12 months unless the conditions of a subscription stipulate a different duration. Every 12 months, you will be asked to confirm your information. The closing of a home is possible online via the home edition. When you request the closure of your famiDesk home, it will be suspended for thirty (30) days, in case you change your mind. By the end of these thirty (30) days, your famiDesk home will be closed. You can ask us to reactivate your home within thirty (30) days via the contact form at https://famidesk.com/contact/The famiDesk home will then be reactivated according to a procedure for checking the identity of the applicant. The removal / reactivation of a home is only available for the patient / beneficiary or one of the home coordinators. 

  • responsibilities

User responsibility

The consultation and use of the website, as well as the downloading of files, of any nature whatsoever and with any technical means whatsoever, of the Website and its content, are always conducted under the
responsibility of the user, including vis-à-vis third parties.
Each user is himself responsible for his registration and / or affiliation, as well as any abuse or damage that would result. The provider can not be held responsible for any use
improper recording or affiliation, login and / or password whatsoever.
The user also agrees to be responsible towards any person, and more particularly of the persons represented, in any way whatsoever, of any content that he publishes either on the Website or by
through the Website.
The Website may contain links to other websites on which the provider has no control over the technical or the content. The user remains solely responsible for the decision to activate these links. The provider therefore in no way guarantees the exact and complete nature of the content, the access and availability of these other websites, the external links to which they refer, or the consequences that may result from the consultation and / or the use, in any way, of these sites. It is therefore up to the user to determine for himself whether it is appropriate to visit these sites.
If the user places a message of any kind or any other form of information, data and / or notices on the Website, the latter undertakes to use only information (images , photos) that do not conflict with the intellectual and / or industrial rights of third parties (copyright, image rights, ...), nor with standards and morality, nor with any legal provision. As such, the user guarantees
expressly the provider against any complaint or action brought by third parties based on the content it would have placed on the Website.

Claimant's liability

The provider is bound by an obligation of means. The provider will in no way be held responsible for any direct or indirect damage that the user incurs when using the Website, the sites linked to it, and / or the content made available to him.
The service provider makes best efforts to ensure that the data and documents on the Website are complete, accurate and current. Faults and / or gaps and / or outdated data can never
excluded, and therefore the claimant gives no assurance in this regard.
Similarly, the provider is only liable for his fraud or gross negligence. He is not responsible for the fraud or gross negligence of his agents, principals and, as a general rule, his enforcement agents.
The provider makes its best efforts to ensure that the Website remains accessible at all times for a normal number of users, but can not be held responsible for any direct or indirect damage
related to a modification, suspension or interruption of access to the Website, for any reason whatsoever.
The provider is also not responsible for contacts and relationships between users of the Website.
The service provider furthermore does not guarantee the compatibility of the files that are part of or appearing on the Website with the user's equipment, nor the accessibility of these elements.
The user will also hold the provider harmless against any claim, in any of the following cases:

  • loss of opportunities or income of any nature whatsoever due to the operation or non-operation, or the use or non-use of the Website, or the content contained therein or
    must be there
  • illegal or unauthorized intrusion of any third party into the web server or the provider's website
  • introduction of a computer virus in the web server or on the Website 
  • temporary bandwidth congestion
  • interruption of the internet connection service for a cause beyond the control of the provider.

The user recognizes and accepts:

  • the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or will be made available in the future
  • the risks of storage and transmission of information by electronic or digital means
  • the fact that the provider can not be held responsible for any damage caused by the use of the Website (as well as all or part of its content) or the internet, following the aforementioned risks
  • the fact that the electronic communications exchanged and the backups made by the service provider can serve as proof.

Although the provider makes its best efforts to keep the Website free from bugs, viruses, trojan horse and spyware, these can not be excluded. The provider can not be held responsible for any
resulting harm and / or loss, in particular with regard to user data. Users are therefore strongly advised to install firewalls, anti-virus and other necessary protection software, to prevent possible damage to their computers, and to be cautious about the communication of personal data.
As far as messages coming from third parties are concerned, the service provider can not in any way be held responsible for any damage resulting therefrom, or any errors in their contents. All
texts, data, photos, videos, messages or other materials placed in these messages fall under the sole responsibility of the person who posted them.

  • Miscellaneous

Force majeure

The service provider can not be held responsible, both contractually and extracontractually, for the non-performance, temporary or final, of its obligations when this non-performance results from a case of force
major or fortuitous.
In particular, the following events will be considered to be force majeure or fortuitous: (1) the total or partial loss or destruction of the service provider's computer system or database when either of these events does not occur; it can not reasonably be attributed directly to the Claimant and it has not been shown that the Claimant failed to take reasonable steps to prevent one or the other of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, declared or not; (8) lockouts; (9) blockades; (10) insurrections and riots; (11) a supply stop (such as electricity); (12) a failure of the Internet or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet or telecommunications network on which the provider depends; (15) a fact or
a decision of a third party when this decision affects the proper performance of this contract; or (16) any other cause beyond the reasonable control of the provider.
If, due to circumstances beyond the control of the provider, the performance of its obligations can not be continued or is simply made more onerous or difficult, the service provider and the user undertake to
negotiate in good faith and fair manner an adjustment of the contractual terms and conditions within a reasonable time in order to restore balance. Failing agreement within a reasonable time, each party may invoke the termination of the contractual relationship between them without compensation or compensation of any kind whatsoever.

Illegality

The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) can not in any way affect the legality of the other articles,
paragraphs or provisions of these general conditions, or the remainder of this article, paragraph or provision, unless the intention to the contrary is evident in the text.
If any part of these terms and conditions is considered completely invalid, the claimant will replace it with a provision that will be as close as possible to the economic effect of the
provision declared invalid.

Securities

The titles used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.

Entire and entire agreement

These general terms and conditions and any contract (including a subscription contract), where applicable, represent the entire agreement between the parties.
Any declaration, representation, promise or condition not contained in these terms and conditions can not and should not be admitted to contradict, modify or in any way affect the terms of
them.
In addition, these terms and conditions as well as any contract (including a subscription contract),
where applicable, replace any previous agreement between the parties and apply to any new agreement.

disputes

Any dispute relating to the services provided by the provider, as well as any dispute as to the validity, interpretation or execution of these terms and conditions will be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Brussels .

 

 

 

 

FamiDesk version: v0.9.0

Release date : 10-02-2018

Implementation: 10-02-2018

Terms of Service (Pdf)

Conditions d'utilisations

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