Across Health General Terms and Conditions
These General Terms and Conditions (“GTC”) govern Your use of the Across Health website (“AH Website”). By using AH Website You explicitly agree to these GTC and agree that no other terms apply, except if agreed between You and Across Health NV (e.g. but not limited to the “Privacy Policy” ).
For certain services offered via AH Website, specific Terms and Conditions may exist which You will be asked to accept at the moment You want to make use of said services.
Across Health NV (“Across Health”) is a Belgian company with registered offices at Ottergemsesteenweg-Zuid 808 bus B332, 9000 Gent and registered at the Crossroads Bank for Enterprises under the number 0895.970.302. Our contact information is available on Our website www.across.health.
Across Health may hereinafter be referred to as “We” or “Us”.
We may refer to you as “You” or “Your”.
We may both be referred to as a “Party” and jointly as the “Parties”.
1. Definitions
Confidential information
means any and all information and data disclosed by either Party to the other in the context of these GTC (except Content), whether such information or data is stored on electronic media, as well as including both written and oral information and data. Information disclosed between the Parties in the context of these GTC shall constitute “Confidential Information” subject to these GTC if, (i) in the case of information disclosed in written or other tangible form, the information when disclosed is clearly labelled as “confidential” or with a similar legend, (ii) in the case of information disclosed orally, the disclosing Party notifies the receiving Party of the confidential nature of the information at the time of oral disclosure and (iii) in any case, for both information disclosed orally and/or in writing, when the Parties receiving such information should reasonably be aware of the confidential character of the information.
Content
means all content available on AH Website, including but not limited to text, images, photos, designs, drawings videos, vectors, etc. relating to the business of Across Health.
Intellectual Property Rights
means any intellectual property right, including copyrights, trademarks, trade names, rights in logos, inventions, trade secrets and know-how, registered designs, design rights, database rights, patents, semi-conductor topographies, all rights of whatsoever nature in computer software and data, all intangible rights similar or allied to any of the foregoing, in every case in any part of the world and whether or not registered; and including all granted registrations and all applications for registration, all renewals, reversions or extensions, the right to sue for damages for past infringement and all forms of protection of a similar nature which may subsist anywhere in the world.
Licensor
means any person submitting his Content to AH Website and granting AH Website with a license on the Content.
Personal Data
means any information relating to an identified or identifiable natural person.
2. Use of AH Website
2.1. We only allow You to navigate through AH Website. We do not grant You any rights to use the Content.
2.2. When using AH Website You are prohibited from:
- Downloading, copying, or re-transmitting any or all of the materials available on AH Website, including but not limited to the Content, for any purpose, without obtaining Across Health’s prior written consent or without obtaining a license in accordance with the terms of article 3;
- Creating multiple accounts;
- Using any data gathering or extraction methods;
- Using AH Website to create or transmit unwanted or unsolicited communications to any person or URL;
- Manipulating or otherwise displaying AH Website or the Content by using framing or similar navigational technology;
- Registering, subscribing, unsubscribing or any attempt of the foregoing for any Across Health product or service, including but not limited to the Content, on behalf of a party, if You are not expressly authorized by such party to do so;
- Using AH Website or the Content for other purposes than its intended purposes, including but not limited to using AH Website in a way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of applicable law;
- Removing any watermarks or copyright notices on the Content;
- Interfering with the security of, or otherwise abusing AH Website or any system resources, services or networks connected to or accessible through AH Website.
2.3. You shall, without delay, notify Across Health about any errors, limitations or problems You encounter when using AH Website.
3. Intellectual Property Rights
3.1. Any material on AH Website, including but not limited to the Content, is protected by Intellectual Property Rights. You acknowledge that Across Health and/or its Licensors are the proprietors of all rights, title and interest in and to these Intellectual Property Rights.
3.2. All rights not specifically granted to You are hereby expressly reserved by Across Health and/or its Licensors.
3.3. You are obliged to inform Us of any infringement of Intellectual Property Rights, vested in Across Health or the Content, by third parties as soon as possible after becoming aware of such infringement.
3.4. Across Health respects the Intellectual Property Rights of others and We ask You to do the same. If You believe that Your work has been copied in a way that infringes Intellectual Property Rights, or Your Intellectual Property Rights have been otherwise violated, please contact Us via info@a-cross.com, and provide Us with the following information:
- Description of the copyrighted work or other Intellectual Property Rights that You claim have been infringed and proof thereof;
- A copy of the hyperlink of the AH Website webpage where the Content is located;
- Your name, address and telephone number;
Across Health will take Your claim into account and will provide You with an answer via e-mail to You at the latest within 7 business days.
4. Data Protection
4.1. The processing of Your Personal Data is subject to the provisions of Our privacy policy and cookie policy.
5. Confidential Information
5.1. Unless prior written consent by Across Health, You agree and undertake for the duration of these GTC as well as at any time thereafter to keep any Confidential Information and know how concerning Across Health or its activities and services which You have obtained in the framework of these GTC strictly confidential and not to divulge or disclose any part thereof to any third party, except to Your employees, officers and directors and only then to the extent necessary for the proper performance by such personnel of their duties. In order to ensure that Your personnel observes this provision, You shall require anyone with access to Confidential Information to sign a non-disclosure agreement.
5.2. Your obligations under this article shall not include, and the restrictions under these GTC shall not apply to:
- Any information known by You prior to its disclosure by Across Health; or
- Any information which is in the public domain or hereinafter falls into the public domain through no fault of You; or
- Any information disclosed to You by a third party having the right to do so.
5.3. Upon termination or expiration of these GTC for any reason whatsoever, You shall immediately return to Across Health any Confidential Information and know how provided by Us to You.
5.4. The present article shall continue in full force and effect notwithstanding any termination or expiration of these GTC.
6. Representations and warranties
6.1. Across Health does not represent and warrant that:
- AH Website and the Content will be constantly available, or available at all;
- The information on AH Website is complete, true, accurate or non-misleading;
- AH Website and the Content is free from computer viruses or other destructive programs;
- The Content does not infringe any third party Intellectual Property Rights;
- The Content is in compliance with all applicable law, including but not limited to applicable data protection legislation.
7. Liability and Indemnification
7.1. Parties expressly agree that Across Health shall not be liable for any direct, indirect or consequential damages, including but not limited to, damages for loss of business profits, business interruption, loss of business information, goodwill, use, data or other intangible losses resulting from the use of the inability of the use of AH Website and/or Content, even if Across Health has been advised about the possibility of such damage. In any case, Across Health’s liability is limited to 1.000 EUR.
7.2. You will indemnify and hold Across Health harmless against all claims issued by a third party against Across Health in relation to Your unauthorized use of AH Website and/or the Content.
8. Amendments of GTC
8.1. Across Health is entitled to amend these GTC from time to time at its own discretion. Across Health will notify You about these amendments at Your first use after the publication of these amendments[JA1] .
9. Assignment
9.1. Across Health may transfer, sub-contract or otherwise deal with Across Health’s rights and obligations under these GTC without notifying You or obtaining Your consent.
9.2. You may not transfer, sub-contract or otherwise deal with Your rights and obligations under these GTC.
10. Waiver
10.1. Any failure or delay by Across Health in exercising any right under these GTC, the exercise or partial exercise of any right under these GTC, or any reaction or absence of reaction by Across Health in the event of breach by You of one or more provisions of these GTC, shall not operate or be construed as a waiver (either express or implied, in whole or in part) of its rights under these GTC or under the said provision(s) or preclude the further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver by Across Health following a specific failure by You, this waiver cannot be invoked by You in favor of either a new failure, similar to the prior one, or a failure of another nature.
11. Entire Agreement
11.1. These GTC contain the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersede and replace all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the Parties. The Privacy Policy are deemed to be part of these GTC.
11.2. The Parties shall use reasonable commercial efforts in order to come to an agreement regarding all matters not specifically covered in these GTC.
12. Severability
12.1. Whenever possible, the provisions of these GTC shall be interpreted so as to be valid and enforceable under the applicable law. However, if one or more provisions of these GTC is found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these GTC shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed. In such case, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision which embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s).
13. Governing law and jurisdiction
13.1. These GTC are governed by and must be construed and interpreted in accordance with the laws of Belgium.
13.2. Any dispute concerning the validity, interpretation, enforcement, performance or termination of these GTC shall be submitted to the exclusive jurisdiction of the courts of Ghent.
