DRIVER+ Portfolio of Solutions Terms and Conditions
DRIVER+ Platform contains a range of solutions, Trials and experiments descriptions in regard to and Management. The mission of this DRIVER+ Platform is to improve the work of the European sector. It aims to achieve this by:
- Helping the CM professionals to discover and Trial the available CM solutions following the well-defined CM trialling methodology.
- Helping the Solution Owners to advertise their solutions to potential users and participate in Trials.
- Providing additional information in form of a searchable database of various items, such as “country profiles” or “lessons learnt” from previous Trials.
DRIVER+ Platforms contains elements which are subject to intellectual property rights, in particular software, pictures, presentation and other documents protected by copyright. Furthermore, solution providers can also provide content though documents, pictures and other copyrighted works. Therefore, the use of the DRIVER+ Platform needs detailed regulations in order to regulate the rights and obligation of the users as well as the platform provider.
- Agreement shall mean these Terms and Conditions for Service Provider
- DRIVER+ Platform is the platform of the DRIVER+ project providing the Portfolio of Solution as well as Trial Guidance (TGT) functionalities as described in https://www.driver-project.eu/ .
- Solution provider is a legal person on whose behalf the User becomes active and can post solutions of a on the DRIVER+ platform.
- User is the natural person who is granted personal, password-protected access to DRIVER+
- We or us are the parties of the DRIVER+ project as listed in https://www.driver-project.eu/driver-project/who-are-we/ as a group as well as any party of the DRIVER+ project individually, depending on the meaning in the Agreement.
Accepting these Terms and Conditions
- The User shall read this Agreement carefully before using the services provided by us. The User accepts this Agreement by clicking "I accept the terms of the agreement" box where this option is made available to the User during registration on the DRIVER+ Platform. The User provides his data on the foreseen interface on the DRIVER+ Platform.
- Through clicking on the “I accept the terms of this agreement” box the User agrees to be bound by this Agreement and binds the solution provider he represents. Furthermore, the User warrants that he/she has the full legal authority to bind the solution provider to this Agreement. If he/she does not have the requisite authority, he/she may not accept the Agreement on behalf of the solution provider.
The following term of use shall apply to using the DRIVER+ Platform. The use of the DRIVER+ Platform is only permitted if the Service Provider and the User accept these Terms and Conditions as described in section 1 and 2.
- To provide one or more solution descriptions on the DRIVER+ Platform as a solution provider, a prior registration on the platform is needed. The first and last name and email address of the User as well as the name and some details of the solution provider are to be given in the registration form.
- Access as a User can be only granted to natural person. The Service Provider may request access for several Users representing him.
- We confirm the registration of User by notifying the respective user with the request for notification the registration information. The access details only grant the registered person access to the DRIVER+ Platform. The access password may not be disclosed or shared with any other natural person, co-workers or a third party. The sharing of such an access password will be considered a material breach of the Agreement.
- If details of the Users or the Service Provider he registered for change, we have to be informed immediately through firstname.lastname@example.org of the change. The changes on the DRIVER+ Platform site for solution provider itself are not enough. If details of the User or solution description change, they have to be updated by user or solution provider immediately on the platform. This update is subject to quality assurance process by the platform provider.
Services provided by us.
- We will grant the solution provider, as technically possible with the usual limits of accessibility of platforms, use of the DRIVER+ Platform, at no charge. The platform provider retains the right to change pricing or service offering modalities in the future upon prior and timely adequate notice of all affected Users. We will try to maintain a good access to the platform, but the Service Providers have no claim to a permanent and continuous availability of the DRIVER+ Platform.
- For the avoidance of doubt, we are not obligated to provide these services. We retain the right, to immediately prevent or restrict access to the DRIVER+ Platform or parts thereof or take any other action as necessary in case of technical problems, infringing or objectionable material, inaccurate listings, inappropriate services, or any other action or prohibition infringing applicable law or the DRIVER+ project aim or for any other reason in the sole and absolute discretion of us and to correct any inaccurate listing or technical problems on the DRIVER+ Platform. Therefore, any content provided on the DRIVER+ Platform provided by the solution provider that is not in line with this Agreement can be deleted by us immediately.
- Should the User have any problems accessing, deleting or modifying his content or wishes to communicate with us, he can reach us at email@example.com. We will contact him as soon as possible.
Use of the Platform by solution provider
- The solution provider shall only include content on the DRIVER+ Platform that is owned or licensed by him. Any infringement of third-party rights through the upload and usage on DRIVER+ Platform of the solution provider content shall be in the sole responsibility of the solution provider. Furthermore, the solution provider shall only use content on the DRIVER+ Platform that is factual, non-inflammatory and relevant to the mission aim as described on the DRIVER+ Platform. All content that offends, is racist, defamatory or pornographic, or which publication would constitute a criminal or administrative offence may not be uploaded on the DRIVER+ Platform.
- Through uploading of copyrighted material or other intellectual property rights on the DRIVER+ Platform, the solution provider warrants that he is legally allowed to do so and that he received all needed consent, i.e. in case of personal data on the content uploaded (a picture of a person) the non-infringement of the general data protection regulations (EU 2016/679 of 27th of April 2016). Furthermore, the solution provider warrants that he is allowed to grant the user Rights to us as described in section 6.4.
- The solution provider is solely responsible in regards to the content uploaded by him through his Users. We have no responsibility in regards to such content. The user shall be responsible for having a copy of any uploaded content as backup.
- The solution provider through uploading of content on the DRIVER+ Platform grants us a worldwide, non-exclusive, unrestricted user right to use through publication the uploaded content on the Driver+ Platform and forward it to interested participants (e.g. CMINE, services practitioners and other stakeholders that can access the PoS) without removing any copyright notices of the solution provider. The user accepts the forwarding to interested participants by clicking “I accept that the content provided by me may be forwarded to interested participants”.
- In case of non-acceptance or if the user does not click that check box the Service Provider will not actively forward the content provided by the respective solution provider to interested participants and only ensure that the provided content is shown on the PoS. However, the Service Provider is not responsible for any passive information of the content meaning, attempts of participants to copy content by measures such as making screenshots, photos or making notes.
- The solution provider agrees not to do any of the following: (i) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the DRIVER+ Platform other than with the search engine and search agents available on the DRIVER+ Platform and other than generally available third party web browsers; (ii) attempt to decipher, decompile, disassemble or reverse engineer any of the software embodied in the DRIVER+ Platform, (iii) sell, rent or otherwise sub-license other content from the DRIVER+ Platform, (iv) reproduce, duplicate, copy or otherwise exploit other content for a commercial end of the DRIVER+ Platform or (v) edit or otherwise modify any content on the DRIVER+ Platform without the consent of the owner of the content.
- Solution provider agrees to indemnify, defend and hold us harmless from and against any claims, costs, liabilities and expenses – including reasonable attorneys ‘fees- paid or payable to an third party or the parties involved in the creation of the platform arising from (i) solution providers or Users breach of this Agreement, (ii) any claim that solution provider or Users has infringed another’s intellectual property rights (iii) any violation of applicable law by solution provider or User (iv) any violation of applicable law through the uploading or publishing of the content provided by the solution provider.
- To the extent that the DRIVER+ Platform and information and services are provided free of charge, we will not be liable for any loss or damages of any nature. We will not be liable for any consequential, indirect or special loss or damage. We will make every effort to ensure that the DRIVER+ Platform is free from viruses or defects; however, we cannot guarantee that the use of the DRIVER+ Platform will not cause damage to the end device that is used by User to access the DRIVER+ Platform.
We will treat all personal data of the User in responsible manner. We will use, store and process the data resulting from the registration only for the purpose or this Agreement and treat is as confidential in line with the provisions of the applicable data protection laws. For the management of the access, it is necessary to store the names and email addresses of contact persons provided by solution providers on the platform. By agreeing to this Agreement, the User agrees to their name and email address being visible to us. The User may revoke his consent through information at firstname.lastname@example.org. In such a case we will delete all access to the DRIVER+ Platform and User will be precluded from using the DRIVER+ Platform.
This Agreement shall terminate immediately in case of breach of this Agreement by User or Service Provider. Should a solution provider choose to discontinue using the DRIVER+ Platform he shall inform us, and we will delete all content provided by him. References to removed content in Trials or experiment description however will remain, and solution provider agrees hereto. Should the solution provider or his User not be active for more than 1 year and/or not react to our communication attempts we can at our own discretion decide to delete the content provided by the solution provider.
We can terminate this Agreement at any time trough information to the email address of the User.
- This document comprises any and all agreements entered into by the solution provider and us. There are no written or oral ancillary agreements. We reserve the right, at our sole discretion, to modify or replace this Agreement, or change, suspend, or discontinue all or parts of the DRIVER+ Platform and our services (including without limitation, the availability of any feature, database or content) at any time by posting a notice on the DRIVER+ Platform or by sending the User an email. It is the Users responsibility to check this Agreement periodically for changes. Users and Service Providers continued use of the DRIVER+ Platform following the postings of any changes to this Agreement constitutes acceptance of those changes.
- All disputes or claims arising out of or in connection with this Agreement including disputes relating to its validity, breach, termination or nullity shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or three arbitrators appointed in accordance with the said Rules. The provisions on expedited proceedings are applicable. The number of arbitrators shall be one. The substantive law of Austria shall be applicable under exclusion of the United Nations Convention on Contracts for the International Sale of goods, 1980. The language to be used in the arbitral proceedings shall be English.
- The Service Provider irrevocably waive any objection which he or she might at any time have towards the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna, being nominated as the forum to hear and determine any proceedings and to settle any disputes and agree not to claim that the courts of Vienna are not convenient or appropriate forum.
- Should any provisions of this Agreement be or become wholly or partly invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. In this event, the invalid or unenforceable provision shall be substituted by such valid/enforceable provision, which comes as close as possible to the legal and economic purposes pursued by DRIVER+ with such invalid/unenforceable provision.
- This Agreement shall be governed in its entirety by the laws of the Republic of Austria excluding any legal norms referring to other legal systems. This includes disputes on its conclusion, binding effect, amendment and legal consequences of this agreement.