Terms of Use – Thola platform

1. Definitions


i. ‘Terms of Use’: these Terms of Use that apply to the relationship between Us and the User of Our Platform;

ii. ‘User’: any natural or legal person that uses Our Platform, including the Customer and the Visitor; 

iii. ‘Services’: the access to and the facility to design a specific virtual event on Our Platform which is offered on Our Website; 

iv. ‘Platform’: the platform on which the Customer can organise and attend a specific virtual event;

v. ‘We/Us/Our’: the company as mentioned in article two of these Terms of Use;

vi. ‘Customer’: any natural or legal person who enters into a contractual relationship with Us and who is acting for purposes that fall within his business or professional activity;

vii. ‘Visitor’: any visitor of Our Platform invited by the Customer for a specific virtual event organised by the Customer.


2. Our identification


Who we are:

EXSERTUS NV 

Division Thola

Veldkant 33A

2550 Kontich

VAT BE0895.229.925

Contact:

Availability: Monday to Friday from 09h00 to 17u00 (Brussels time)

Telephone number: +32 3 450 80 30 ask for Exsertus

E-mail address: welcome@thola.events


3. General stipulations


3.1 The Terms of Use contain a description of the obligations and responsibilities of the User in connection with the use of Our Platform. These Terms of Use are applicable when making use of the Platform. 

3.2 The User is responsible for any breach of the obligations and responsibilities of the Terms of Use, regardless of whether this infringement was committed by the Customer, Visitor or a third party who (whether or not with the permission of the Customer) uses Services and the Platform. The User indemnifies Us for any damage resulting from an infringement or non-compliance with this Terms of Use.

3.3 We do not monitor the activities of the User, nor does it monitor the material that is placed by the Customer and/or the Visitor on the Platform. However, We are entitled to remove material which it may reasonably assume is contrary to the Terms of Use. In such a case, We will, as far as possible, inform the User of this in advance, in order to enable the User to take the appropriate action to prevent or terminate these activities. However, if serious breaches are involved, or We were unable to inform the User beforehand, We will inform the User of this afterwards. 

3.4 The User acknowledges and accepts that We will work with competent authorities and/or other third parties to investigate criminal and/or undesired activities.

3.5 We are entitled to unilaterally change these Terms of Use at any time. In case of such a change, the User will be notified. 


4. Abuse


4.1               The Services and the Platform may not be used for illegal or irresponsible acts.

4.2               Among other things, without limitation, the term illegal or irresponsible acts is defined as follows:

4.2.1   Illegal use: the Platform offered by Us may not be used for illegal activities or in support of illegal activities;

4.2.2   Harm to minors: the Platform offered by Us may not be used for inflict harm to minors. Harm to minors is understood, but not limited to, child pornography;

4.2.3   Threat: the Platform offered by Us may not be used to post and/or transmit any material that contains threats and/or incitement to violence against persons, institutions and/or possessions. Additionally, it is forbidden to distribute, publish or reproduce material that is excessively violent, incites to violence, threatens violence or contains bullying content or hate speech;

4.2.4   Spread, publish or display material that endangers one's safety or health or harms public safety or public health;

4.2.5   Spread, publish or display material that is excessively violent or incites to violence;

4.2.6   Spread, publish or display material that promotes illegal drugs, which involves an infringement of export regulations or is linked to illegal gambling or illegal arms trafficking;

4.2.7   Disrupt systems in the network and/or the Platform and/or disrupt network services and/or network communication;

4.2.8   Fraudulent activities: the Platform offered by Us may not be used to make fraudulent offers, buy or sell fraudulent goods and/or services or promote scamming practices;

4.2.9   Gather or use of information and/or Personal Data without the consent of the owner of the information;

4.2.10 Collect or use email addresses, display names, E-ID cards, payment and/or credit card data or other user identifiers without the consent of the identified person, including but not limited to phishing, internet scamming, password theft, spidering and harvesting;

4.2.11 The deliberate spread of viruses or the introduction of other forms of malware to the network or system that are intended to harm Us (or threaten to do so) and/or third party systems, software or data and/or which threaten Us and/or third parties;

4.2.12 Send, distribute or reproduce any material (via uploads or otherwise) that infringes the copyright, trademark, patent, trade and/or business secrets or other (intellectual) proprietary rights of a third party;

4.2.13 Abuse the Platform offered by Us to access or attempt to access third-party accounts;

4.2.14 Infringe the integrity of computer and network systems. The User undertakes, inter alia, to refrain from intentionally developing or using programs that hinder other Users or which harm and/or infiltrate a computer, computer system or network or change the software components of a computer, computer system or network;

 4.2.15 Infiltrate, access or attempt to gain access to others' accounts, or to invoke, or attempt to invoke security measures of computer software or hardware, electronic communications systems or the Platform or any other party, regardless of whether such access results in damage or loss of data.


5. Security

5.1 The User is always responsible and liable for any abuse of its account(s). The User will always take the necessary steps to prevent unauthorised third-party access of its account(s). The User will also refrain from attempting to gain access to the accounts of other Users who also have access to the Platform provided by Us.

5.2 The User will ensure:

5.2.1 passwords which grant access to the account(s) are kept secret;

5.2.2 sufficient security measures are taken to prevent third-party abuse of the account(s);

5.2.3 the password and access to the account(s) are not shared with others.

5.3 It is also forbidden to:

5.3.1 bypass the user ID or security of the Platform, network or account. This includes, inter alia, granting themselves or others access to data for which the User have no consent or which is not intended for him/her;

5.3.2 logging into or using a server or account for which the User have not been given permission to access;

5.3.3 Using tools designed to bypass or crack security measures unless such tools are part of an agreed audit conducted by Us or one of its affiliates;

5.3.4 Conducting Denial of Service (DoS) attacks, Distributed Denial of Service (DDoS) attacks, unless such attacks are part of an agreed audit.

5.4 The User understands and accepts that the circumvention or (attempted) breach of system or network security can be prosecuted by criminal and civil law. We will provide full cooperation to the authorities and other stakeholders investigating such matters.


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