Data processing
DATA PROCESSING REGULATION DAENENS IT NV - 01/10/2024
ARTICLE 1 General
- This Data Processing Regulation (hereinafter ‘the Regulation’) regulates the transfer and processing of personal data between the Licensee and TeamRise. It concerns the personal data available to TeamRise or a subcontractor as a direct or indirect result of the provision of Services provided by TeamRise to the Licensee (as a result of the use of TeamRise’s App).
- The Licensee defines the purpose and means for the processing of personal data and is considered as the “controller”. TeamRise provides the management of the App on behalf of the Licensee and is considered as “processor”.
- The present Regulation results from the obligation set out in Article 28 of the General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter ‘the GDPR’).
- TeamRise undertakes, as of the Registration by the Licensee, to comply with the current Regulation when carrying out processing activities on behalf of the Licensee.
ARTICLE 2 Rights and duties of TeamRise
2.1 TeamRise will only act on behalf of the Licensee in the processing of personal data in accordance with this agreement, as included in annex 1 of this Regulation; in accordance with the written instructions communicated by the Licensee to TeamRise during the term of this agreement; or in accordance with legal obligations under European or national law. If TeamRise considers that an instruction violates national or European law, she will inform the Licensee.
2.2 TeamRise undertakes to implement appropriate technical and organisational security measures to protect personal data. Thus, in order to carry out its Services, TeamRise will pseudonymize and encrypt personal data when administrators are using the HR-workflow, make access for users to the App subject to a double identification procedure and also make access for administrators to the management environment of the App subject to a unique username and secret password.
2.3 At reasonable request of the Licensee, TeamRise will make available all information necessary to prove compliance with the obligations of this agreement, as long as this does not violate legal obligations. Such information shall include TeamRise’s data processing facilities, databases and documentation necessary for carrying out processing under this Agreement. Requests for this type of information shall be made within reasonable notice and during office hours.
ARTICLE 3 Processing of personal data
3.1 TeamRise is obliged to maintain the confidentiality of the personal data it processes on behalf of the Licensee. She will only process personal data for the purposes described in Annex 1 of the Agreement.
3.2 TeamRise has the permission to communicate the data to all persons, institutions and bodies directly participating in the execution of the assignment and whenever this strictly necessary for the execution of this Regulation. TeamRise will ensure that the persons, institutions and bodies referred to above have committed themselves to confidentiality and have received appropriate training in the care, protection and processing of personal data. TeamRise may not transmit these data to other third parties unless required to do so by law or required by a court order.
ARTICLE 4 Rights of the data subject
4.1 TeamRise must immediately forward to the Licensee any queries from data subjects whose personal data are being processed, the supervisory authority or any other law enforcement authority so that the Licensee can resolve them.
4.2 TeamRise will inform the Licensee of any breach of personal data as soon as it becomes aware of it or has a reasonable suspicion.
4.3 TeamRise will provide all information and assistance, at no additional cost, that the Licensee can reasonably expect, to meet her legal obligations. TeamRise assists the Licensee with information on related actions or developments and provides appropriate technical and organizational measures, as far as possible, to fulfill the obligation of the Licensee to respond to:
• requests to exercise the rights laid down in Chapter III of the GDPR, such as rights of access and deletion;
• infringements as laid down in articles 33 and 34 of the GDPR.
ARTICLE 5 Confidentiality
All data and information exchanged between TeamRise and the Licensee will be treated as confidential under this Regulation and for ten years thereafter and will not be disclosed to third parties or used for any other purpose.
The obligation set out in the previous paragraph does not apply to confidential information exchanged between TeamRise and the Licensee that:
• was already publicly available at the time of disclosure by the disclosing party or subsequently becomes publicly available without the action of the recipient; or
• was already lawfully in the possession of the recipient at the time of the disclosure, as can be satisfactorily demonstrated by the recipient; or
• is received from third parties, on a non-confidential basis after disclosure, by the recipient.
ARTICLE 6 Liability and Warranties
6.1 TeamRise is obliged to strictly comply with the provisions of this Regulation when processing personal data and guarantees to the Licensee that it will take the necessary measures to entrust its appointees with the implementation of this Regulation and to enforce its provisions.
6.2 TeamRise will only be liable for damages resulting from the processing if it appears that TeamRise has not complied with the specific obligations imposed by the GDPR on processors during such processing.
6.3 Under no circumstances TeamRise will be liable for obligations imposed by the GDPR on the Licensee. Nor is TeamRise liable in any way, either directly or indirectly, for the content of the data included by the Licensee in the App, nor for the legitimate
processing of such data by the Licensee. Such data are in particular, but not limited to, all “particularly protected data” such as medical data of the Licensee’s staff.
6.4 This provision also applies to any subcontractor(s) that TeamRise may call upon. In the event a subcontractor is liable for damages, as defined in this article, TeamRise will remain fully liable towards the Licensee.
6.5 The liability of TeamRise is in all cases always limited to the direct, actual and proven damages suffered by the Licensee, which can never exceed the value of the Services actually provided under this agreement, as invoiced during the last 12 months preceding the claim.
6.6 The Licensee indemnifies the Processor at all times against all claims of third parties.
ARTICLE 7 Scope and effect of termination
This Regulation is and remain applicable to the cooperation between the Licensee and TeamRise, as long as TeamRise provides its Services to the Licensee through her App.
In case of termination of the cooperation between TeamRise and the Licensee, apart from the manner in which, TeamRise will immediately return or destroy all documents, computer disks, USB sticks and other data carriers containing personal data, including copies thereof, regardless of by whom the content of the data carriers has been produced or created.
ARTICLE 8 Storage of data
8.1 TeamRise will not retain the Data longer than is necessary for the performance of the task for which they are provided. If the Data is not required anymore, TeamRise will, depending on the Licensee’s preference and the legal regulations, exchange and permanently delete the Data, or return the data carriers to the Licensee.
8.2 This provision is also applicable to any subcontractor(s) used by TeamRise.
ARTICLE 9 Subcontracting
9.1 TeamRise is permitted to appoint subcontractors to carry out the processing, provided that (cumulative):
• TeamRise has disclosed the identity of the subcontractors (A full list of current subcontractors is available upon request).
• TeamRise informs the Licensee in writing of the envisaged processing and the identity and location of any future sub-contractor.
• the Licensee has not expressed any reasonable objection to this subcontracting within 10 working days.
• TeamRise imposes this contract, or at the least similar conditions on the subcontractor.
9.2 The Licensee has the right to request a copy of the data processing agreement or regulation between TeamRise and the subcontractor and also has the right to suspend or terminate the subcontracting if it can demonstrate that such processing constitutes a clear and immediate threat to the security of its data.
ARTICLE 10 Data breach
In case of discovery of a data breach, TeamRise will report this to the Licensee within 24 hours after the discovery via e-mail or telephone. After the discovery of a data breach, TeamRise undertakes to keep the Licensee informed of measures taken to limit the extent of the data breach or to avoid it in the future.
ARTICLE 11 Other provisions
11.1 In the event that one or more of the provisions of this Regulation is declared null and void or becomes unenforceable, the legality, validity, enforceability and enforceability of the remaining provisions of this Regulation shall not be affected.
11.2 In the event of any doubt as to the interpretation of any provision of the Rules, it shall always be interpreted in accordance with the provisions of the GDPR.
11.3 This Regulation is subject to and shall in all respects be interpreted and governed by Belgian law. Disputes shall be submitted exclusively to the Courts of Ghent.
Annex 1 : Summary of personal data, type of processing and the objective of processing
Purpose of the processing: Internal communication and employee management
Type of processing: administration, collection, storage and use on behalf of the Licensee
Strictly necessary personal data that are processed
• Identifying data (ie data that can directly identify the person)
• Name
• Language
• Mobile number
• Location in the Company/Licensee
Personal data processed that is additional but not strictly necessary
• Employee reference
• Gender
• Date of birth
• Employment
• In / out of service
• Function
• Nationality
• Communication (ie data related to communication from and with the data subject)
• Image or video recordings
• Communication preferences (ie channel preferences, settings, permission settings, communication language)
• Contact history (ie service requests, inquiries via email / chat, etc., incident logs, complaints, including social media)
• Contract data (ie data related to the execution of an agreement )
• Authentication data (ie username, password)
• Technical and account information for the use of the products and services (ie mailbox alias, account ID, subscriber ID)
• Traffic, location and usage data (ie data derived from the use of products / services)
• Geo-location (ie Mobile phone ID, GPS coordinates, Wi-Fi location, trigonometry coordinates) and listening data (ie viewing sessions)
• Viewing statistics
• Content data (ie content created by the user when using the products / services)
• Cloud services (ie content uploaded / saved / transferred by the data subject on cloud services)
• Email services (ie content of emails)
• Online and social media (ie posts, comments, feedback)
• SMS / MMS services (ie content of SMS / MMS)
• Non- structured data (ie content stored on own device, content stored in folders, content stored on hard disk, etc.)
• Behavioural data (ie behavioural data derived from online visitors)
• Online visitor (ie information stored layers via technologically neutral cookies)
• Professional data (ie data related to the professional situation of the data subject)
• Current employment (ie job, role, seniority, date of employment, former positions, work rate)
• Logging and monitoring data (i.e. assessment of the use of technology)
• ...
TERMS OF USE AND EULA (END USER LICENCE AGREEMENT) DAENENS IT NV - 01/10/2024
The TeamRiseTerms of use applies to all services provided through the TeamRise app (the “App”) by Daenens IT NV, incorporated in Belgian law as a private limited liability company with head office at 8310 Brugge, Baron Ruzettelaan 33 (Belgium), registered with the BE 1003.454.310, named hereafter “TeamRise”.
Read these Terms of Use carefully. They define your legal rights and obligations towards TeamRise.
These Terms of Use may be revised or updated without notice. Therefore we advise you to review this Terms of Use regularly. The latest version of the Terms of Use is always available in the App.
At every registration (hereafter the “Registration”) in order to get an account you will be asked to confirm that you have read the Terms of Use and that you agree to their content as binding. Your visit to the App, your Registration in order to get an account and each use of a service, involves automatically the knowledge and the approval of these Terms of Use.
I. DEFINITIONS
1. Purpose of the service
TeamRise provides an online application where management and employees have a platform to communicate.
2. Definitions
• TeamRise: The private limited liability company under Belgian law TeamRise, with registered offices at 8310 Brugge, Baron Ruzettelaan 33 (Belgium), registered in the Crossroads bank of enterprises (CBE) under number 1003.454.310.
• Account: The user account created for an employee upon acceptance of the Registration.
• App or Application: The software program developed by TeamRise, to which the User gains access by means of unique Login Data after Registration.
• Company: Any company or organisation using the App to communicate with its employees.
• Registration: The process of obtaining access to the Service provided by TeamRise by submitting the personal GSM number to the TeamRise server during the installation procedure of the app.
• Service: The service provided by TeamRise to the user.
• User: The employee that uses the Application provided by TeamRise.
3. Subject of the agreement and license grant
3.1 In return for the Registration by the User, the User obtains a personal license to use the App through means of a personal account. The Application
provides the following features:
● Secure user access
● Contact book
● Sending and receiving text messages to and from individual user and user groups
● Creating, editing & deleting personal posts on the walls he/she is member off
● Reading, commenting & liking posts of other users if the author has allowed this
● Uploading a limited number of pictures and videos to be used in messages and posts
● Reading and organizing pdf documents
● Participating in surveys and polls
● Completing forms
3.2 The license granted to User for the App is limited to a non-transferable license to use the App on a mobile device that User owns or controls and as permitted by these Terms of Use.
As soon as the Registration has been processed the User will receive confirmation on his mobile device of the Registration through a text message including a unique code to unlock the app.
The Registration message can include a password required to log on through a web browser for using the app on a computer. The functionality of the App through a web browser is however susceptible to the specific configuration method used by the administrator.
3.3 No ownership of any content shall be transferred by TeamRise to the User.
3.4 TeamRise has the right to add innovations and features to the App at his discretion. The User will be notified in timely fashion about the execution of updates and/or upgrades in as much as these, in the judgement of TeamRise may be important to the use of the Application.
II. TERMS OF USE
1. Registration
1.1 In order to access the Services, the User has to be an employee of the Company.
1.2 The Registration process is based on the TeamRise employee database. An account is created for each User through the use of the employee data such as name, cell phone number, location in the company, language and status of employment (active/inactive). As soon as the community manager instructs the activation of this account, the User will be able to download the App from the Apple or Android app store.
At installation the User will be asked to confirm his or hers cell phone number. Once the cell phone number is matched with the corresponding account within the TeamRise employee database, access to the use of the App will be automatically granted. If the number does not match the data stored within the TeamRise employee database, access to the App will be denied.
The provided employee data must be completed correctly and entirely. TeamRise and Company can unilaterally, immediately, definitely and without prior notice terminate / disconnect the account linked to an incomplete or incorrect Registration.
1.3 The App uses two-factor authentication.
1.4 Users are not allowed to use third parties identities, proxy’s, temporary e-mail addresses and/or more than one (1) username.
1.5 The account is created strictly for the registered User. The registered User is not allowed to share this account with third parties.
1.6 During the Registration process, the User must agree to the present Terms of Use by ticking a box provided therefore. The User can consult the Privacy Policy in the Apple or Android app store prior to installation.
1.7 TeamRise reserves the right to agree or refuse the Registration. The Registration may notably be refused for the following reasons:
● The User is not, or not anymore, an employee of Company;
● The User does not communicate the data asked for the identification or communicates incomplete or wrong data;
● The User tries to register more than once e.g. under different pseudonyms;
● The User uses a third party’s identity;
● The User does not comply with the obligations incorporated in these Terms of Use, did not comply with them in the past or TeamRise can reasonably
assume that he will not comply with them in the future;
● Any other reason based on which TeamRise can reasonably decide to refuse the Registration.
1.8 As soon as the Registration is complete, the User is registered on the list of the Users who will be able to get access to and to use the Application.
2. Access
2.1 At its own discretion, TeamRise and Company reserve the right to warn the Users or to refuse temporarily or definitely the access to the App and/or
Services.
2.2 Any refusal may notably but not exclusively be based on any of the following reasons:
● The User is not, or no longer, an employee of Company
● The User registered incompletely or incorrectly or filled out the Registration-form incompletely or incorrectly;
● The User communicated his identification data to a third party;
● The User uses a third party’s identification data;
● The User tries to use a Service to cause damages of any kind or for a wrong purpose;
● The User does not comply with the obligations drew up in these Terms of Use, did not comply with them in the past or TeamRise can reasonably
assume that he will not comply with them in the future;
● Any other reasons out of which Company or TeamRise can reasonably judge that the access must be refused.
2.3 The User will safeguard Company and TeamRise from any claim of the authorities or third parties against Company and/or TeamRise related to any kind of breach and will compensate Company and/or TeamRise in full for any damage which it would suffer following a breach committed by the User.
3. Limitation of liability
3.1 Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App User will require Internet connectivity and appropriate telecommunication links. TeamRise shall not have any responsibility or liability for any telephone or other costs User may incur.
3.2 TeamRise is under no circumstance responsible or liable for the Content offered by Company through the App and for which Company is sole responsible and liable. This content is prone to amendments, can always be removed and is made available to the User without any explicit or implicit guarantees regarding its correctness. TeamRise is neither liable for the damages caused by the use of the content of its App, regardless of the fact that it seems accurate or not, nor for the damages caused by the use or circulation of this Content.
TeamRise is under no circumstance responsible or liable for any data, be it personal data under applicable data laws or not, that is uploaded to the App by either Company or the User. User and Company shall ensure compliance with all data protection laws and more specifically Company shall ensure obtaining appropriate consent from User or the presence of any other applicable and valid legal grounds prior to processing any (personal) data in the App. TeamRise reserves the right to unilaterally erase any potentially illegal data if required to do so to protect its own legal interests.
3.3 TeamRise makes every effort in order to provide access to its App 24 hours a day, 7 days a week. Regarding the technical features of smartphones, computers, Apps and the internet, and the necessity of periodic maintenance, update and upgrade, TeamRise cannot guarantee an uninterrupted access to its App. TeamRise will make every effort to remedy the reasonable cases of discontinuance or suspension of the access as soon as possible.
Such discontinuance or suspension can be caused by technical problems such as, but not limited to, a server crash or an error, bug or virus causing problems with the App. They are specific to the providing of this kind of services and will not be assimilated to failure in regard of TeamRise nor Company.
They will lead in no way to penalty or compensation as regards to TeamRise and/or Company. Nor can TeamRise and/or Company be held liable for any consequences or direct or indirect damages caused to third parties or Users by any aspect of the Service, irrespective of the reason.
3.4 The Apps or websites of third parties to which the App occasionally refers are not managed, hosted or maintained by Company and/or TeamRise. TeamRise and/or Company are not liable for the content of these sites, for the links referring to them or for the amendments and updates made on them.
3.5 Company and/or TeamRise do not offer warranty, explicit or implied, and cannot be held liable for the safety of the Content or for any theft or loss of or damage to the Content. The User should always provide proper back up at his own responsibility and expense.
3.6 User hereby releases TeamRise, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between User and any suppliers, or between User and other App users.
3.7 USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO HIS OR HER USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. USER UNDERSTANDS AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, TEAMRISE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TEAMRISE DOES NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. TEAMRISE DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. TEAMRISE HAS NO DUTY TO UPDATE OR MODIFY THE APP AND TEAMRISE IS NOT LIABLE FOR ITS FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL TEAMRISE OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR TEAMRISE’S AGREEMENT WITH USER CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL
OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF TEAMRISE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF TEAMRISE IS HELD LIABLE TO USER IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL TEAMRISE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY EURO (€150.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, TEAMRISE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
4. Fair and safe use of the App
4.1 By Registration and use of the App, the User undertakes to:
● Use the App in accordance with these Terms of Use;
● Behave as a responsible and careful User;
● Not act in any way that could harm Company, TeamRise and/or other Users;
● Not be registered on the App under different User’s names;
● Give information as User that is accurate, up-to-date and complete;
● Not use the identity of a third party or entity or use a fake personal or company name;
● Not use a user’s name / password that does not belong to him;
● Make sure as far as possible to keep his User’s name / password / code secret and make sure that they are not used by third parties;
● Immediately notify TeamRise in case of any abuse of his User’s name / password / code;
● Notify immediately TeamRise in case of any breach, even if only potential, of the security of their Account or third parties’ rights:
● Not infringe, copy, spread, sell, give to third parties or use the security measures established by the App
● Protect in an adequate way his smartphone, the app and the data in the app against viruses and other similar risks, including computer hacking.
● Not reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these Terms of Use
● comply at all times with any instructions for use of the App which TeamRise or Company make from time to time
● Comply with all applicable laws, including applicable data protection laws and regulations
● Respect co-workers right to privacy and abstain from sharing any co-worker data without the prior explicit consent of such co-worker
4.2 The User will safeguard and hold harmless Company and/or TeamRise from any claim of the authorities or third parties against Company and/or TeamRise related to any kind of breach of these Terms of Use by the User and will compensate Company and/or TeamRise in full for any damage which it would suffer accordingly.
4.3 The User is responsible for the contents and correctness of the data he places on the Application or by means of the Application.
5. Intellectual property
5.1 TeamRise and/or Company retain all ownership and all intellectual property rights to respectively the App, the Content, the Service and all associated software. It’s not allowed to copy or use them in any way without our prior and written authorization, unless permitted by law. These elements include notably trademarks, texts and articles, software, databases, forms, domain names, corporate names, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, lay outs, settlement sheets and any other element of the App or of the Services that is prone to protection.
5.2 User hereby grant to TeamRise and Company an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which User submits to the App for the purpose of use on the App.
6. Duration and termination
6.1 Once a User passed the registration and an account is made, the duration of the account is indefinite but can at all times be terminated by the User without prior notice.
6.2 In case of termination of an account by the User, the User will no longer have access to the Application from the moment of termination on.
6.3 In case of breach of the Terms of Use, the account of the User will be terminated immediately and permanently.
6.4 Company and/or TeamRise can always decide to terminate the agreement without prior notice and with immediate effect, when the User fails to comply with any provision of these Terms of Use. In the event of such termination, Company and/or TeamRise will be entitled to full compensation by the User of all possible damages.
7. Miscellaneous provisions
7.1 The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry. User’s download, installation, access to or use of the App is also bound by the terms and conditions of the aforementioned operators. User, Company and TeamRise acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.
7.2 User acknowledges that TeamRise, not the relevant operator, is responsible for addressing any claims of User or any third party relating to the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation. User acknowledges that, in the event of any third party claim that the App infringes that third party’s intellectual property rights, TeamRise or Company, not the relevant operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by TeamRise or Company.
7.3 User must comply with any applicable third party terms of agreement when using the App (e.g. User must ensure that his or her use of the App is not in violation of his or her mobile device agreement or any wireless data service agreement).
7.4 These Terms of Use contain the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matters that are still in force between the parties.
7.5 If these Terms of Use would be amended, the amended version will be available in the App and will be applicable from the User’s first visit following this modification. As from that moment, the User will be presumed to have read the modifications and to agree to them. For this reason, it is important to check the day of the last update at the top of the present Terms of Use at every new visit.
7.6 Whenever possible, the provisions of this Agreement shall be interpreted in such manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Agreement are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provisions, in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
7.7 All issues, questions, and disputes concerning, but not limited to, the validity, interpretation, enforcement, performance and termination of this Agreement shall be governed by and construed in accordance with Belgian law.
7.8 All disputes concerning, but not limited to, the validity, interpretation, enforcement, performance and termination of this Agreement shall be submitted to the exclusive jurisdiction of the courts of Gent.
7.9 For all further information or suggestions regarding this Term of Use, please contact TeamRise at the following address: Daenens IT NV, with head office at 8310 Brugge, Baron Ruzettelaan 33 (Belgium).
