The following terms shall be defined as follows:
2.1. The platform http://trends.mobilemyday.com and its sub-domains (hereinafter the “Platform”) are administered and owned by Mobile My Day software Ltd., of which the registered office is located at 1170 Watermael-Boitsfort, Chaussée de la Hulpe 150, listed with the Brussels register of companies under the number 0644.841.350 (hereinafter “MMD”).
2.2. For any questions, complaints and/or comments concerning the Platform, you can contact MMD by e-mail at the following address: email@example.com, or by post at the address indicated above, in which case MMD undertakes to respond within 7 calendar days.
2.4. MMD reserves the right to modify, adapt, improve and/or update the Platform and the GCU at any time without prior notice, in order to comply with legal obligations or to improve the Platform. All modified versions of these GCU shall be applicable from the day of their publication. MMD therefore advises the User to consult them regularly. Use of the Platform constitutes recognition of the existence of the modified GCU, their binding effect and the obligation to comply with them.
2.5. Use of the Platform and subscription to the Services constitutes full and irrevocable acceptance by the User of the Platform’s usage conditions & directives stipulated in these GCU and of the Confidentiality Policy and any other legal document referred to on the Platform, as well as the User’s acknowledgement of having read and being fully aware of them.
2.6. Acceptance of these GCU presumes, on the part of Users, that they possess the knowledge required to understand them. If the User is a minor or does not possess this legal knowledge, they are considered to be declaring their acceptance with the authorisation of a guardian, an appropriate adult or their legal representative.
3.1. MMD carries out the anonymous processing of data relating to points of sale for the pharmaceuticals sector. It then markets this data to professional Users from the healthcare sector who wish to obtain commercial information and data on market trends. The Platform offers its Services in the form of economic intelligence tools presented in the form of modules (hereinafter the “Modules”). By way of example and in a non-exhaustive manner, the Platform provides the Module Survey, which allows the User to respond to surveys, view their results and to be remunerated where the survey makes provision for this. MMD continually endeavours to enrich the experience of its Users and to enhance the performance of its Modules.
3.2. In order to access the Platform, a User first needs to take out a subscription (TRENDS Freemium free for the pharmacist) and then create a User Space within which they are able to view the Services which they have subscribed to on the Platform (hereinafter the “User Space”). When creating the User Space, the User is required to select a password which, along with their e-mail address, shall constitute their log-in details for accessing their User Space. In the event of the password being forgotten, the User has the option of generating a new one. This password serves to guarantee the confidentiality of the information contained in their “My Account” section and the User is therefore prohibited from transmitting or communicating it to any third party. Failing this, MMD cannot be held liable for any unauthorised accessing of a User’s account. The User is responsible for the choice of this password and the protection of their account and also undertakes to provide accurate information.
4.1. Use of the Services is limited to Belgian territory in that the data processed relates to points of sale located on Belgian soil. MMD may include in its Services data relating to points of sale located in other countries and in particularly neighbouring countries but is not subject to any obligation in this regard.
4.2. The Platform offers the User a solution that is hosted on its server, accessible via the Internet.
4.3. MMD reserves the right to, without prior notice, exclude the User from all access or from any form of participation on the platform. A User whose account is terminated undertakes not to create another one without the prior authorisation of MMD. MMD reserves the right to take all action that it adjudges appropriate, entirely at its own discretion, in response to infringements or to implement the GCU and also expressly reserves all rights and remedies open to it by law or equity.
4.4. The Platform provided by MMD is continuously evolving and is therefore likely to be regularly modified or improved entirely at MMD’s discretion and without the latter being able to be held liable for any consequences of said modification or improvement. Any change or new characteristic that improves or increases the existing Service/s on the Platform shall be subject to the GCU. MMD may also choose to cease to provide certain services, either on a temporary or permanent basis.
5.1. All prices quoted are understood to be in euros and inclusive of tax, reflecting the VAT applicable on the day of subscription.
5.2. MMD reserves the right to pass on any change in the VAT rate in the price of the Services. Nonetheless, solely the price indicated on the day of subscription to the Service shall be applicable to the User for this Service.
5.3. Invoicing may take place either for the period (the month or year, it being understood that any period begun is due, unless otherwise indicated, from the User), or be fixed according to a level of use of the resources (it being understood that any unit of resources begun is due, unless otherwise indicated, from the User), or any other form of access, as specified on that page.
5.4. For anything else, MMD refers Users to its General Conditions of Sale.
6.1. All of the Platform’s elements (including, non-exhaustively, the software used, source code, layout, text, logos, photographs, drawings, images, sounds, databases, names, as well as commercial and domain names) are works protected by intellectual copyright and, in particular by author’s copyright, trademark rights, database rights, and designs and models rights (hereinafter “Intellectual Property Rights”).
6.2. All of the Intellectual Property Rights belong to MMD or are included on the Platform with the agreement of the holder of the rights concerned.
6.3. No part of the Platform itself or the data and information presented on it may be recorded (other than as required to be able to visit the Platform) or reproduced, modified, translated, made public, distributed, leased or sold, transmitted to third parties or used in any way whatsoever without the prior written permission of MMD.
6.4. MMD grants to the user a personal, global and non-transferable licence permitting them to use the Platform in accordance with these GCS. The licence is granted solely to allow the User to use the Services, with all other purposes excluded. The user licence extends to the right to re-present and use the Services in accordance with their purpose, in SaaS (Software as a Service) mode, via a connection to an electronic communications network. The user is not permitted under any circumstances to make the solutions available to a third party and is strictly prohibited from carrying out any other use, particularly all adaptation, modification, translation, arrangement, distribution or decompilation, without this list being exhaustive.
7.1 In the event of the Platform becoming inaccessible due to technical problems of any kind, the User shall not be entitled to claim damages or compensation of any form. Even the prolonged unavailability of one or more products for an indefinite period cannot be deemed a cause of harm to Internet users and can under no circumstances give rise to the awarding of damages and interest against MMD.
7.2 The hypertext links present on the Platform may link to other websites and the responsibility of MMD cannot be invoked in cases where the content of these sites contravenes current legislation. Similarly, MMD’s responsibility cannot be invoked in the event of a User suffering harm as a result of visiting one of these sites.
7.3 MMD’s responsibility cannot be invoked due to any technical unavailability of the connection, whether caused by a case of force majeure, by maintenance, by an updating process, by a modification of the site, by an action of the hosting company, by an internal or external strike, by a network crash, by an electrical power cut, or by any incorrect configuration or use of the User’s computer.
7.4 MMD is bound only by an obligation of resources; its responsibility cannot be invoked in relation to damage resulting from use of the Internet such as data loss, intrusion, viruses, interruptions to the Service or other occurrences.
7.5 MMD endeavours to provide information that is as correct as possible but can never guarantee the exactness, completeness and relevance of the information presented on the Platform and cannot therefore be held responsible for it. MMD declines any responsibility as regards usages which might be made, decisions which might be taken or actions which might be undertaken by the User on the basis of the information made available on the Platform and cannot be held liable for harm caused to the User by any errors in this information. MMD does not support, approve, represent or guarantee the veracity, exhaustiveness, reliability or accuracy of this information.
7.6 MMD also declines all responsibility for direct or indirect damage which might result from any inaccuracy, lack of completeness or relevance, omission or negligence in the production, development, writing or interpretation of the information. MMD declines all responsibility in the event of the deletion, non-storage or non- transmission of information.
7.7 MMD cannot be held liable for any non-performance of the Services caused by the occurrence of a case of force majeure and in particular by a full or partial strike affecting external services or disasters caused by flooding or fire.
7.8 The User expressly recognises that they use the Platform and Services at their own risk and under their sole responsibility. The Platform provides the User with information for general guidance purposes only and imperfections, errors, omissions, inaccuracies and other ambivalences are likely to exist. In any case, MMD can in no way be held responsible for:
7.9 MMD makes the Platform available “as is” and declines any responsibility for permanent or temporary damage or defects affecting the User’s computer equipment or data during or after use of the Platform. In particular, MMD declines all responsibility for the possible transmission of computer viruses and Trojans via the Platform.
7.10 As regards the construction of the Platform, MMD uses the most modern technologies wherever possible. MMD cannot however be held liable for (temporary) failures or faults or for possible maintenance work on the Platform, or concerning the availability, rapidity, security and reliability of the information presented on it.
8 1. Any user who infringes these GCU may have their account terminated after having been issued with one month’s notice, without any possibility of compensation and without said termination entitling them to make any claim for damages, without prejudice to any subsequent legal action which might be taken against them by either MMD or its representative.
8.2 Each User of the site is free to close their account subject to observation of the notice period and the conditions stipulated in the General Conditions of Sale. To do so, the User should send an e-mail to the address firstname.lastname@example.org stating that they wish to close their account.
8.3 MMD is free to terminate the subscription at any time, subject to observance of the General Conditions of Sale.
9.2 In order to access the Platform and gain access to their Personal Space, the User is required to complete MMD’s online registration form with certain mandatory information (“Registration Data”) including their e-mail address and a password, and to keep this Registration Data up to date. By registering, the User declares that all information supplied in its Registration Data is correct and precise and also undertakes to keep said information up to date, complete and accurate.
In the event of MMD not implementing any provision of these GCU or not taking any action with regard to a User or a Visitor to the Platform who infringes any of these provisions, this may in no case be interpreted as a waiver of a debt or a right linked to any provision in the context of a possible future infringement by a User or Visitor.
11.1. MMD shall archive all invoices in a reliable and long-lasting format constituting a true copy. The computerised registers shall be regarded by the parties as proof of the communications, orders, payments and transactions which have taken place between the parties.
11.2. In the event of a provision of the GCU being judged illegal, null and void or inapplicable for any other reason, then this provision shall be deemed divisible from the General Conditions of Use and shall not affect the validity and applicability of the remaining provisions.
11.3. These GCU describe the entire agreement between the User and MMD.
11.4. The GCU are non-assignable, transferable or sub-licensable by the User.
12.2. In the event of the User noticing any of the events described in Article 12.1 above, they should contact MMD at the address email@example.com with, if possible, a description of the error and its location (URL), together with sufficient information to enable MMD to contact the User concerned.
All notifications or views concerning the GCU or the Personal Data Charter should be submitted in writing by registered letter or delivered by courier to the address indicated above, or alternatively by e-mail to the address firstname.lastname@example.org, specifying the surname, forename and contact details of the User and the subject of the notification.
14.1. The GCU are subject to the application of Belgian law.
14.2. With the exception of public policy provisions, all disputes that might occur within the context of the implementation of these General Conditions of Use may, prior to the launch of any legal action, be submitted to MMD for evaluation with a view to amicable resolution. Unless otherwise provided for by public policy, any legal action regarding the implementation of this contract shall be subject to the authority of Brussels’ French language courts.