TERMS OF USE

UPDATED AND REVISED AS OF MARCH, 2024

This template of Terms of Use is adapted on the basis of requirements of the Regulation EU n°2016/679 (GDPR) regarding data subject information. The  www.DATA-DRIVEN.consulting Terms of Use are defining the conditions under which you may access and use the Website and Platform and all the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the www.DATA-DRIVEN.consulting  Platform – Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.

Please review these Terms of Service carefully prior to using the Service.  If you do not agree with these Terms of Use, please do not use the Service. 

1. LEGAL NOTICE

www.DATA-DRIVEN.consulting is provided by NEXT COMMUNITY SRL

Address: BLUEPOINT BRUSSELS, BD AUGUSTE REYERS 80, 1030 BRUSSELS, BELGIUM

Type of Company: Belgian SRL

Registered in Brussels under the number:  0797615261

VAT Number: BE0797615261

Email: anca@DATA-DRIVEN.consulting

Phone : +32.489.63.82.20 

2. DEFINITIONS

Data Protection Law:  means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)

User Account: means a dedicated online account opened by any visitor and providing an access to the Service.

Identifiers: means login and password or social login the User used to create the User Account.

Party or Parties: means the User and www.DATA-DRIVEN.consulting designated either individually or collectively.

Service: means the Articles and guides and digital downloads the platform provides; and all the functionalities provided thereto and described in the Terms and Conditions.

Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.

User or Users:  means any person authorized by www.DATA-DRIVEN.consulting to access and use of the Service after creation of a User Account.

User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.

3. TERMS

The Terms of Use will come into effect on first access to the Service for the entire duration of use.

4. DESCRIPTION OF THE SERVICE

The Service enables Users to read articles and download resources.

  • Participate in events organized by www.DATA-DRIVEN.consulting;
  • Stay up to date with news about www.DATA-DRIVEN.consulting
  • Download free and paid resources like guides, eBooks, dashboards.

These Terms of Service govern the use of each component of the Service. 

5. ACCESS TO THE SERVICE

Access to the Service shall be subject to the creation of a User Account.

The Service is available on the website www.DATA-DRIVEN.consulting

Requirements for the access to the Service

The User must ensure to have (the “User’s System”):

  • The ability and means required to access the Services and to use it;
  • The appropriate hardware (computer, smartphone…) and operating software and shall carry out the responsibility of the maintenance and the security;
  • An Internet access from any access provider of the User’s choice;
  • An adapted configuration of the browser.

     Users shall bear all the costs for accessing the Service.

Creation of the User Account

This shall require the entering of personal identification data through the online registration form accessible at the following address: www.DATA-DRIVEN.consulting

Option 1: The User shall enter user identification data such as [name, surname, allocated user ID and email] and is invited to choose its Identifiers.

Option 2: The User can create a User Account by connecting through his or her Facebook/LinkedIn/Google account or his or her SSO account.

The User agrees to provide only accurate and complete information when creating or updating his/her  Account information.

Access modalities

In order to benefit from the Services, the User must log-in and insert the Identifiers/log in with the Facebook/LinkedIn/Google account/log in with the SSO account the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.

The User’s login can only be changed at the request of the User or at the initiative of www.DATA-DRIVEN.consulting. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset password” available in the Logging in page: www.DATA-DRIVEN.consulting

The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and guarantees www.DATA-DRIVEN.consulting against any request in this respect.

If the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform NEXT.COMMUNITY by e-mail at the following address: anca@DATA-DRIVEN.consulting

The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify www.DATA-DRIVEN.consulting.

Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.  

6. COST OF THE SERVICE

The Services are free or have a fee, as specified on each products / service.

7. INTELLECTUAL PROPERTY

7.1. Company’s ownership

The Service and the Service Content belong and shall remain the property of www.DATA-DRIVEN.consulting and NEXT COMMUNITY SRL or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of DATA-DRIVEN.consulting. Any use of these Service Content not expressly authorized by DATA-DRIVEN.consulting shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of DATA-DRIVEN.consulting or any of its subdivisions for any purpose except with DATA-DRIVEN.consulting prior written approval and in accordance with any restrictions required by DATA-DRIVEN.consulting. These are the property of DATA-DRIVEN.consulting or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.

7.2. User’s right of use

DATA-DRIVEN.consulting grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Website on devices that User owns or controls. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of DATA-DRIVEN.consulting.

In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:

  • violate any applicable laws, rules or regulations, notably cause damage or injury to any person or property, infringes any rights of third parties including but not limited to any intellectual property rights and privacy rights or perform any other illegal, harmful or fraudulent activities;
  • probe, scan, or test the vulnerability of any system or network;
  • remove, circumvent, disable, damage or otherwise interfere with any security measures of any network, computer or communications system, software application, or network or computing device;
  • attempts to connect without permission and/or damage, in any way whatsoever, any users, hosts or networks;
  • disturb, hamper, interfere or interrupt the access to or operation of the Service and Service Content including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

8. USER’S UNDERTAKINGS

8.1. User Content

You and other users of the Service are permitted to post, submit, contribute, publish, display, make a available or transmit to others (hereinafter, “post”) content, materials or hosted applications (collectively, “User Content” and together with content officially posted by DATA-DRIVEN.consulting, “Content”) on or through the Service. Posting permits our members, partners, developers, prospective customers, employees and other interested parties to share information, exchange ideas, expertise and experience, ask questions, provide solutions, share technology advances and obtain product information.

The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service.

You are solely responsible for any User Content that you post, including its legality, reliability, accuracy and appropriateness. You represent and warrant that you own or control all rights in and to the User Content that you post and have the right to grant DATA-DRIVEN.consulting and its affiliates the license granted below. You represent and warrant that all of your User Content does and will comply with these Terms of Use, and you agree to defend, indemnify and hold DATA-DRIVEN.consulting and its affiliates and licensors harmless for any breach of that representation and warranty. Opinions expressed in User Content are those of the party posting the User Content and do not necessarily reflect the opinion of DATA-DRIVEN.consulting.

User Content is considered non‑confidential, and you hereby grant to DATA-DRIVEN.consulting a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Content that you post for any purpose.

We are under no obligation to post or use any User Content, and reserve the right in our sole discretion to edit or remove User Content that violate these Terms of Use.

DATA-DRIVEN.consulting does not claim ownership of the User Content.

DATA-DRIVEN.consulting is not responsible for (and has no liability with respect to) any User Content. The User holds DATA-DRIVEN.consulting harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.

8.2. User’s Age

By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.

User warrants to be at least 18 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use.  If the User is under the age of 18 years, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to her or his child’s use of the Service and agree to be bound by these Terms of Use in respect to her or his child’s use of the Service.

Persons aged less than18 years old are not authorized to access the Service.

9.PRIVACY; CONFIDENTIALITY

By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by DATA-DRIVEN.consulting in compliance with the DATA-DRIVEN.consulting Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”). 

DATA-DRIVEN.consulting will treat User Content as confidential information in accordance in accordance with these Terms of Use and the Privacy Policies.  

10.LIMITATION OF WARRANTY AND LIABILITY; INDEMNIFICATION. 

DATA-DRIVEN.consulting is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User’s computer facilities and equipment.

DATA-DRIVEN.consulting shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.

Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.

The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances DATA-DRIVEN.consulting accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.

The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. 

11.HYPERTEXT LINKS

The Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. DATA-DRIVEN.consulting does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.

If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.

12.CONTACT

For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at anca@DATA-DRIVEN.consulting or post it at the following Address: BLUEPOINT BRUSSELS, BD AUGUSTE REYERS 80, 1030 BRUSSELS, BELGIUM

The User can use these contact details for any technical support request.

13.MISCELLANEOUS 

Governing Law and jurisdiction. These Terms of Use, will be governed by the laws in Belgium, without regard to its conflicts of laws principles. 

The User is informed, as consumer, of the possibility to use a conventional mediation procedure or any other alternative dispute resolution method. In particular, the User may refer the matter to the Consumer Ombudsman.

The User can submit a dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.

Change of Terms of Use.  These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.

Change of the Service. DATA-DRIVEN.consulting may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.

Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.  These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and DATA-DRIVEN.consulting with respect to the subject matter hereof.  

Convention of proof. Electronic documents exchanged by electronic means between the User and the DATA-DRIVEN.consulting shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.

Force majeure. In no case DATA-DRIVEN.consulting may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.

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