Version 17/10/2023
These Terms and Conditions govern the use of the Cubigo Platform and contain provisions on the use and ownership of, and liability for, the Content and Cubes which are offered on the Cubigo Platform. If you do not agree to these Terms and Conditions, you may not visit or use the Cubigo Platform and you must cease your visit or usage immediately.
1. What do the terms used in these Terms and Conditions mean?
To clarify some concepts in these Terms and Conditions, we would like to explain the following terms:
- 'Cubigo International' is the limited company 'Cubigo International', headquartered at 3500 Hasselt (Belgium), Corda Campus (Hall B), Kempische steenweg 303, bus 103, registered in the Antwerp legal entities registry, Hasselt division, under no. 0838.815.319, and known to the VAT administration under no. BE 0838.815.319.
- 'Terms and Conditions' refers to the list of questions and answers contained in these terms and conditions.
- By 'Content' we mean the content published on the Cubigo Platform, including but not limited to general information and/or data, videos, presentations, articles, Cubes, etc.
- 'Cubigo Platform' refers to the online platform made available by Cubigo International, comprising several Cubes whose purpose is to help people live longer and independently; to give people access to quality services in terms of comfort, well-being, leisure and care; to facilitate communication between people in need and their network; and to support healthcare professionals in their work processes.
- 'Cube' refers to an application that can be accessed/used on the Cubigo Platform.
- 'User' refers to every natural person who has registered and identified him/herself on the Cubigo Platform.
- 'Intellectual Property Rights' are all intellectual, industrial and other property rights (whether registered or not), including but not limited to copyrights, related rights, trademarks, commercial names, logos, designs, models or registration applications for designs or models, patents, patent applications, domain names, know-how, as well as all rights pertaining to databases, computer software, and semiconductors.
- 'Website' means the www.cubigo.com website.
- 'Provider' refers to any (legal) person that offers its services and/or products by means of a Cube on the Cubigo Platform, including but not limited to Cubigo International suppliers and partners.
2. Who are we?
The Cubigo Platform, including the Cubes, is brought to you by the limited company 'Cubigo International', headquartered at 3500 Hasselt (Belgium), Corda Campus (Hall B), Kempische steenweg 303, bus 103. Its company number is 0838.815.319, and it is known to the VAT administration under the no. BE 0838.815.319. All Cubes are provided by Cubigo International partners and suppliers.
3. What conditions apply if I use the Cubigo Platform?
You may only use the Cubigo Platform, and therefore you may only register for a Cubigo account, if you are at least 18 years old. Minors can only use the Cubigo Platform if they submit a written permission from a parent or legal guardian who has read these Terms and Conditions and the Privacy Statement. In the case of minor users, the parents or legal guardians are fully responsible for all actions taken by the minor.
Moreover, by registering on the Cubigo Platform, you warrant that the personal data you have provided is accurate, and that you will adjust it whenever necessary.
By registering on and/or visiting and/or using the Cubigo Platform, the User declares to have read and agreed to these Terms and Conditions and all other rights and obligations as stated on the website. The User undertakes to comply with these Terms and Conditions. By visiting and/or using the Cubigo Platform, the User also warrants that he/she is legally authorized to acknowledge and accept these Terms and Conditions.
Cubigo International is entitled to change, supplement or alter these Terms and Conditions at any time, at its sole discretion, and for any reason whatsoever. We publish updated versions of these Terms and Conditions on the website and on the Cubigo Platform. These new versions are given a timestamp so you can check which version is the most recent. Important changes will always be communicated to you. Whenever a User uses the Cubigo Platform, the latest version of these Terms and Conditions applies.
Except for Cubigo International, no User, legal person or natural person may supplement, change or improve these Terms and Conditions in any way whatsoever.
The User acknowledges and accepts that the Cubigo Privacy Statement, as published on the website, also applies when a User visits or uses the Cubigo Platform.
The nullity of any provision or part thereof in these Terms and Conditions shall not affect the validity of other provisions and/or the rest of the provision. If any provision contained herein is held to be invalid, Cubigo International and the User shall negotiate, to the extent possible and guided by their good faith and conviction, to replace the invalid provision with an equivalent provision that is in keeping with the general spirit of these Terms and Conditions.
4. How can I use the Cubigo Platform?
In order to use the Cubigo Platform, the User must register and identify him/herself by creating an account on the website. All data related to the account is personal and confidential. The User shall take all reasonable measures to prevent unauthorized persons from accessing the account data provided to the User and managed by Cubigo International, its suppliers and/or partners. The User undertakes to comply with all access and usage obligations.
The User is responsible for the (legal) persons with whom he/she shares his/her account data and guarantees that they will comply with these Terms and Conditions.
5. Who owns the Cubigo Platform?
The Cubigo Platform, the Content and all other elements contained therein are and remain the property of Cubigo International or its Providers and are protected by their respective Intellectual Property Rights. The User undertakes to respect all Intellectual Property Rights with regard to the Cubigo Platform, the Content provided by Cubigo International, its licensors, partners and/or suppliers, and all elements contained therein. If the User identifies a (potential) infringement of Cubigo International's Intellectual Property Rights, he/she shall inform Cubigo International immediately.
Cubigo International does not grant the User any explicit or tacit rights over any patent, trademark, copyright, or any other Intellectual Property Right.
The Content of the Cubes is the exclusive responsibility of the respective Providers. Cubigo International can in no way be held liable for the Content of the Cubes, nor for any deficiencies, defects and/or damage caused by the products and/or services supplied by the Providers. The purchase, delivery and use of any products and/or services provided by the Cubes is exclusively governed by these Terms and Conditions or by other agreements with the relevant Provider. The User must submit any claims directly to the relevant Provider, to the exclusion of Cubigo International.
6. What can/may I do with the Cubigo Platform?
The use of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers is entirely at the User's own risk.
The User and/or the Provider are exclusively responsible for all the Content they upload by means of the Cubes. They shall compensate Cubigo International for any costs the company may incur with regard to any Content uploaded by the User and/or the Provider.
The User is expressly prohibited from:
- duplicating, copying, exhibiting, sending, publishing, selling, sub-licensing, reproducing, etc. the Cubigo Platform, the Cubes and the Content provided by Cubigo International and the Providers, without prior permission from Cubigo International and/or the respective Provider;
- using the Cubigo Platform and the Content provided by Cubigo International and/or the Providers for unlawful purposes;
- carrying out any action that may infringe the rights of Cubigo International, the Providers, or any other party;
- using the connected voice application for any use other than your own personal, non-commercial use;
- using errors in the system, the Cubigo Platform and/or the Content provided by Cubigo International or the Providers, whether known by Cubigo International or not, for their own benefit or that of third parties;
- trying to reverse-assemble, reverse-compile or reverse-engineer the Cubigo Platform, the Cubes, and/or the Content provided by Cubigo International and/or the Providers;
- using the Cubigo Platform, the Cubes and/or the Content provided by Cubigo International and/or the Providers to help develop any method or module with the intention of (substantially) providing the same service (or part thereof) as the Cubigo Platform, the Cubes, and/or the Content provided by Cubigo International and/or the Providers.
If the User finds a (potential) error and/or inaccuracy in the system, the Cubigo Platform and/or the Content provided by Cubigo International, its licensors, suppliers or partners, he/she shall inform Cubigo International immediately.
The User is responsible for his/her internet connection and for the necessary hardware and software. Cubigo International is in no way responsible for hardware or software failures and/or interruptions in the (internet) connection.
The Cubigo Platform and the Content provided by Cubigo International, its licensors, suppliers or partners may only be used for legal purposes. The User may only use the Cubigo Platform and the Content provided by Cubigo International, its licensors, suppliers or partners with commercially available SSL web browser software.
7. What guarantees does Cubigo International provide with regard to the Cubigo Platform?
The Cubigo Platform and the Content provided by Cubigo International, its licensors and/or Providers will be made available 'as it is', without explicit or implicit guarantees of any kind.
The User acknowledges that the internet is not a safe medium and that it may be interrupted or subject to (in)voluntary security and privacy violations. The availability of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers can be affected by numerous factors over which Cubigo International has no control. It is possible that the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers cannot be accessed safely or privately without interruption.
To the extent possible under the applicable law, and without the following list being exhaustive, Cubigo International, its licensors, Providers and all other companies affiliated with Cubigo International waive all liability regarding any offers, warranties, conditions, non-infringement guarantees, marketability, suitability for a particular purpose, performance, durability, availability, accuracy or completeness of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers. The use of a particular commercial method or practice does not under any circumstances translate into offers, warranties, or special conditions.
Cubigo International and its licensors and/or Providers reserve the right to adjust the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers, including their technical features, if deemed necessary. Cubigo International also reserves the right to suspend the availability of the Cubigo Platform for maintenance, adjustment and/or improvement purposes.
Moreover, the Cubigo Platform may be temporarily unavailable due to technical reasons or improper functioning. Cubigo International will try to restore the Cubigo Platform within a short period of time, but cannot guarantee its availability.
Cubigo International does not guarantee that the information available on the Cubigo Platform is accurate, up-to-date or complete. The information available on the Cubigo Platform may contain technical inaccuracies and typographical errors. Cubigo International does not accept any responsibility (and expressly waives liability) for maintaining the Cubigo Platform in such a way that the information made available on the Cubigo Platform is accurate, up-to-date or complete. The User must always verify the accuracy and completeness of all information made available on the Cubigo Platform before making any decision regarding any service, item or any other transaction offered on the Cubigo Platform and/or via the Cubes.
Cubigo International will make the necessary back-ups at regular intervals, without committing itself to any obligation regarding results. Cubigo International is therefore not liable for the loss of or any damage to the User's data.
If the Cubigo Platform and/or the Content provided by Cubigo International contains hyperlinks to third-party content or to websites that are managed by third parties, Cubigo International is not responsible for the quality and accurateness of such content. Cubigo International cannot be regarded as an authority that endorses, publishes or authorizes such websites or content. The administrators of these websites are the sole responsible entities for complying with applicable legislation and regulations, including in connection with the products and services they offer on their website, in particular with regard to consumer protection, distance selling, price legislation, etc. This provision also applies in full to the contents and hyperlinks available in the Cubes, which fall under the exclusive responsibility of the Provider. If you use the Cubigo platform via a connected voice application, you agree that Cubigo is not responsible for inaccuracies in your communications and interactions and as such not responsible for the information you receive via the connected voice application.
Without any limitation of the foregoing, Cubigo International and its licensors do not offer Providers any guarantees that:
- some or certain results are or will be available on or through the Cubigo Platform;
- the use of the Cubigo Platform - including the browsing and downloading of Content from Cubigo International, its licensors and Providers - will be free of viruses, 'Trojan horses', 'worms' and/or other destructive or harmful elements;
- the use of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and Providers does not infringe the rights (including Intellectual Property Rights) of any individual and/or company.
8. What should I do if I have any complaints about the service?
The User must submit all complaints to info@cubigo.com within 3 days after discovery.
If the complaint relates to the Cubigo Platform, Cubigo International will - in accordance with Article 7 above - reply and (if Cubigo International deems this necessary) repair the defects.
If the complaint relates to services and/or products supplied by a Provider or any other third party, Cubigo will pass on the complaint to the relevant Provider or third party.
However, the User must always take into account that the Providers and third parties who provide services and products on the Cubigo Platform may have their own conditions and complaint procedures.
9. What kind of personal data does Cubigo International use, and what does it use for?
Personal data provided or collected through or in connection with the Cubigo Platform will only be used in accordance with Cubigo International's privacy policy, as published on the Cubigo Platform.
10. What is Cubigo International liable for?
The User remains solely responsible and liable for the correct interpretation and judicious use of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers. Cubigo International is in no way liable for the above.
Cubigo International and its licensors shall not be liable to the User or any other person for any loss or damage suffered by the User or any other person as a result of any failure or refusal by Cubigo International to comply with any notice addressed to Cubigo International through the Cubigo Platform, by email or by any other means, or for any failure or delay in receiving, accessing, handling or accepting such communications, or for any loss or damage suffered as a result of any operational failure, malfunction, interruption, modification or closure in connection with the Cubigo Platform, the Content provided by Cubigo International, its licensors and Providers, and/or the corresponding email services.
Cubigo International, its licensors and all other companies affiliated with Cubigo International shall under no circumstances be liable (except in cases of serious error and fraud) to the User or any other person for loss of use, loss of production, loss of income or profit (real or estimated), loss of market, economic loss, or any other special, incidental, direct or indirect loss or damage arising from or in connection with their use of the Cubigo Platform and/or the content provided by Cubigo International, its licensors and/or Providers.
The User irrevocably waives all rights, claims, complaints, demands, actions, measures, liability claims, obligations, statutory fines, costs and fees of any nature, arising in any known or unprecedented manner, now or hereafter, from or in connection with their use of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers.
The User shall indemnify and defend Cubigo International, its licensors and all their franchisees, partners, agents, directors, managers, employees, data providers, service providers, suppliers, subcontractors, license owners or providers, and any other associated parties (collectively the 'Indemnified Parties') from all liabilities, expenses and costs, including all reasonable legal costs and expenses without limitation, which the Indemnified Parties may incur in the context of a claim or demand arising out of or in connection with their use of the Cubigo Platform and/or the Content provided by Cubigo International, its licensors and/or Providers.
The User shall cooperate in good faith with the Indemnified Parties in their defense against any claims or demands. The User shall cooperate with any requests for advice or information to be provided by the Indemnified Parties in oral or written form.
11. When can my access to the Cubigo Platform be terminated?
In case of violation of these Terms and Conditions, the User may no longer use the Cubigo Platform.
Cubigo International may at any time and at its sole discretion:
- change the Cubigo Platform in whole or in part, and suspend it temporarily or permanently;
- limit or terminate, either temporarily or permanently, the User's account, including access to the Cubigo Platform, without prior notice or compensation.
Should the User's account be terminated: - these Terms and Conditions and all agreements existing at that time between Cubigo International, its suppliers and/or partners, on the one hand, and the User, on the other hand, shall remain in force and in effect;
- Cubigo International reserves the right to continue to use and communicate your personal information in accordance with its privacy policy, as published on the Cubigo Platform.
12. What about disputes?
Any disputes between Cubigo International and the User fall under the exclusive jurisdiction of the competent courts where Cubigo International's headquarters are located, unless Cubigo International chooses to bring a dispute before the court of the User's place of residence.
13. In which languages are these Terms and Conditions available?
These Terms and Conditions are available upon request to info@cubigo.com and may also be found on the website https://cubigo.com .
14. Privacy Statement
As end user of the Cubigo Community platform, you can consult our Privacy clause here.
As one of Cubigo's stakeholders (customer, partner, employee, candidate, ...), you can consult our Privacy Statement here.
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