Disclaimer_ENG

Disclaimer

General terms

 

This website is meant to make general information available about the Incident & Crisis Management System - in short ICMS - project and its suppliers, TCD, CEMAC and DGI/Dynamis. It is offered to you with the reservation of your unconditional acceptance of this general user’s instructions, provisions and warnings (“General User’s Instructions”). By your access to and your use of the website, you unreservedly accept these General User’s Instructions.

These General User’s Instructions apply to this website as well as for all internet and other network initiatives by TCD.

 

 

Copyright

The web site inclusive of texts, lay-out, graphic elements, presentation, logos, software and other elements of this site are protected by copyright and are the property of TCD, its participating companies or its information providers.

Reproduction, adaptation, modification, publication, location or any other exploitation or use for semi-commercial, commercial or even educational or illustrative purposes, is strictly prohibited unless explicitely authorised by TCD before the actual use.

 

TCD provides proprietary information, including copyrighted materials, about its software, derivatives and services for the benefit of its customers and not for unrestricted use.

Users of this website agree that he may not use, or allow any other person or entity to use, any materials found in the COBRA™ software, or its ICMS application or any of its derivatives for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against TCD or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from TCD.

 

Failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions) constitutes a separate instance of breach and subjects to a payment obligation in the amount of €75.000,00 EUR per instance of breach, as liquidated damages and not as a penalty.

In addition, TCD reserves the right to seek damages for infringement for copyrighted materials. Web site users agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.

 

 

The user is hereby authorised by TCD to view, download, copy and print documents and the graphics incorporated therein ("materials") from this website subject to the following restrictions and in accordance with any written agreement between you and TCD:

1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated;

2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials;

3) you may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own;

4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless TCD has given you prior written consent to do so;

5) you may not "mirror" or "frame" any portions of this website in any other environment without prior written consent from TCD; and

6) you may not display or transmit TCD RSS, twitter or other social media feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official TCD URL, and you may not insert any intermediate page, splash page, or other content between the TCD link and the applicable official TCD URL.

TCD reserves the right to terminate the access of any user in its sole discretion, including users who do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others.

 

 

Trademarks and tradenames

All denominations, trademarks, corporate logos, images, screenshots, diagrams and other signs used on this site, in the ICMS / COBRA softwareare and on all associated or derived documents, tools and vectors, whatever their shape (such as presentation slides, documents, drawings, banners, promotional materials, ...) are trademarks and/or tradenames which are the property of TCD or its associated companies or partners and are protected by law or such objects are protected by Intellectual Property Rights (IPR). TCD prohibits any use of those, or of similar signs, except with prior authorisation in writing or unless otherwise stated on the web site.

 

 

 

Restricted Access to Webtools

If any of the services provided on this website or related TCD websites (e.g. ICMS Academy) requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password.

If TCD has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to TCD, and you are not authorised to share any information you view, download, or otherwise use at that URL.

If you are using this website on behalf of your employer, you represent that you are authorised to accept these Terms and Conditions on your employer's behalf.

You are the only person authorised to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s).

You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products.

By using this website and related TCD websites, and registering for such services, you consent to TCD's' display of such information via the services and accept all risks of unauthorised access to such information.

You are also fully responsible for all activities that occur through the use of your account and password.

You agree to notify TCD immediately of any unauthorised use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session.

TCD is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge.

However, you could be held liable for losses incurred by TCD or any other party due to someone else using your account or password.

You may not use anyone else's account at any time.

TCD reserves the right to terminate your access to this website should TCD in its sole discretion consider your use of this website to be inappropriate in any way.

Upon termination of your access to this website, you must destroy all materials obtained from this website which permit identification of any individual.

 

By posting your content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use, and that such content is not confidential.

If you are using the ICMS platform on behalf of your employer, you represent and warrant that you are authorised to accept these Terms and Conditions on your employer's behalf, and that your employer agrees to indemnify you and TCD for violations of these Terms and Conditions.

By posting your content, you further represent and warrant that you have reviewed and are in compliance with all applicable policies of your employer and/or the entity or individual that owns or controls the content you are posting.

It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorised to disclose.

 

 

Personal data

If you submit personal data in order to receive information and materials from us, such as brochures or catalogues, we collect and store that information for the purposes of fulfilling your information request. The information collected or stored is solely for use within the TCD structure.

 

You may at any time request that the information about you be amended or deleted. You are also entitled to receive a copy of your personal data kept on record by us free of charge. TCD is responsible for the processing of your personal data and all requests to amend or receive a copy of this information should be posted to Tijdelijke Handelsvennootschap CEMAC-DGI/Dynamis and marked “Attention: PIM Responsible”.

 

This web site may contain links to non-TCD web sites. We are not responsible for the privacy policies or practices of such web sites.

 

 

No Cookies

A "cookie" is a small text file that contains information and is stored on your computer. Cookies are used purely for technical purposes to facilitate use of the web page.

One type of cookie saves a file permanently on your computer. It may then be used to personalize a web page according to the user’s choices and interests.

The other type of cookie is called a "session cookie". While you are visiting a web page, cookies are sent between your computer and the server to access information. Session cookies disappear when you turn off your web browser.

On this website, session cookies are used to deal with your selection of language.

No permanent cookies are used. If you do not wish to accept cookies, your web browser can be set so that you automatically deny the storage of cookies or are informed every time a website requests to be allowed to store a cookie. Previously stored cookies can also be deleted through the web browser. Visit the web browser’s help pages for more information.

 

 

No Warranties or Representations

INFORMATION ON THIS WEB SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.

TCD makes no warranties and/or representations whatsoever about any other web site which you may access through this site.

TCD does not either guarantee a permanent access to the website, nor the absence of disturbances or the proper working of the website.

It is the user’s responsibility to take appropriate precautions and to ensure that whatever is selected is free of viruses, worms, Trojan horses and other items of a destructive nature.

 

Information on this web site may contain misconceptions regarding technique and content or typographical errors.

 

Information contained on this web site may be changed at any time without prior notification or obligation.

 

TCD can in no way be held responsible for the absence of specific information on the website, the contents of this website, or for the use that can be made of it.

 

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TCD, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL SAS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE, THE SERVICES PROVIDED ON THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE.

 

IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE BY ANY COURT HAVING COMPETENT JURISDICTION, THEN SUCH PROVISION SHALL BE SEVERABLE WITHOUT AFFECTING THE ENFORCEABILITY OF ALL REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.

 

 

The user’s commitments

Any user commits himself

a. not to use the website for illegal or harmful purposes;

b. not to prevent access to the website, nor to disturb or to alter the website, nor to make the website less efficient or to cause damage to the website, TCD, its partnering organisiations or third parties;

c. not to use the website in order to pass or disseminate computer viruses or harmful or illegal information;

d. not to jeopardize the intellectual rights present on the website;

e. not to send or post any unasked-for message.

 

Any user warrants and represents to TCD that any information he may receive through this website or related TCD web presence or the use of ICMS / COBRA, he shall

(i) not harm the reputation of TCD or its products;

(ii) not employ deceptive, misleading, or unethical practices;

(iii) not make any representations, warranties, or guarantees to customers/users on behalf of TCD;

(iv) comply with all applicable international, national and local laws and regulations (including, but not limited to laws regulating your professional status and licensing requirements and U.S. export regulations) and all other applicable governmental laws, statutes and regulations;

(v) comply with all intellectual property and proprietary rights protections for COBRA (ICMS) software or therein embedded third party software, development tools, and other products; and

(vi) not engage in any form of semi-commercial, commercial, representative, educational or illustrative activity using any kind or form of knowlegde, tangible or intangible instruments which are the Intellectual Property of TCD or establish a de facto competing offer against TCD's own activities;

(vii) not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the object code for COBRA (ICMS) software and/or tools to a human readable (source code) form.

 

Any user acknowledges that nothing in any of the websites or derived tools or in ICMS (COBRA) itself, shall be construed as creating a partnership, joint venture or agency relationship between him and TCD or as granting a franchise.

No user shall advertise, promote, or suggest in any manner that he is entitled to provide services - e.g. training - to customers or is provided by, sponsored by, or associated in any way with TCD, or that he is employed by, affiliated with, or sponsored by TCD, except to state that he has successfully completed all requirements for a particular training level.

 

TCD reserves the right to report the users that violate the Belgian or international law to the competent authorities and to suspend the access to and the use of the services and data indefinitely to each user that breaks, or doesn’t observe, the present General User’s Instructions.

 

 

Applicable legislation and competent court

All disputes connected with or arising from (the use of) the TCD website shall exclusively be governed by Belgian law. The courts of Oost-Vlaanderen have the exclusive competence to act in these disputes.

 

 

Contact information

This website has been developed by TCD, that is at the same time responsible for the administration and the management of this website.

 

If you have any queries or concerns about the policies set out above, please do not hesitate to contact us through the contact form or via the contact details to be found on this website.

 

 

version date: 21-feb-2016.

 

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on behalf of

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