AGB

AGB

General Conditions of Use for Participants 

Last updated: April 12, 2022

 

Definitions 

„The Company“ or „Care Forward“ or „We“: The Data controller of the careforward.org website (the “Website”) is: Care Forward GmbH. 

  • Managing Director: Laura Esnaola
  • E-Mail: info@careforward.org
  • Internet: careforward.org
  • Registered: Amtsgericht Berlin Charlottenburg
  • HRB: 218674
  • VAT Reg. No.: DE 33 1876 723
  • Responsible with regards to contents: Laura Esnaola

„You“ or „User“: any regular or occasional user of the Care Forward Service, as a Visitor of the Care Forward Website or a Participant.

„Website“: all of the content and pages to which the User has access at the address careforward.org.

„Care Forward Service“: all of the services, functionalities and applications accessible via the Website and provided by Care Forward, in particular an online events management tool.

„Client“: entity (legal or natural person) who subscribed to the or cooperates with Care Forward Service.

„Participant“: User who, particularly by participating in online events and responding to polls, sends and visualizes their information with the Care Forward solution.

„Content“: any content published or distributed on the Care Forward Service by Care Forward, Users or a third party. This includes text, words, information, images, videos, sounds, data or hypertext links.

„Visitor“: person visiting the Care Forward Website, without necessarily having an Account.

 

Article 1. Ownership of Care Forward – Acceptance of General Conditions of Use 

These General Conditions of Use (the „General Conditions of Use“) specify the conditions of use in which the User (or „You“) is/are authorized to use the Care Forward Service and the Care Forward Website. 

These General Conditions of Use represent a binding agreement between You and Care Forward. You accept these General Conditions of Use when You use the Care Forward Service. 

BY USING THE CARE FORWARD SERVICE, YOU ACCEPT THESE GENERAL CONDITIONS; IF YOU DO NOT ACCEPT THEM, PLEASE DO NOT USE THE CARE FORWARD WEBSITE OR THE CARE FORWARD SERVICE.

Care Forward reserves the right, at its sole discretion and at any time, to change, modify, supplement or delete parts of these General Conditions of Use. You will be given advance notice of any change which is not entirely formal. If You continue to use the Care Forward Website and/or the Care Forward Service after being notified of the changes made, this indicates that You accept the previously mentioned changes. As long as You comply with these General Conditions, Care Forward grants You a limited, non- exclusive and non-transferable personal right of access and use of the Care Forward Website and/or, if applicable, the Care Forward Service. If Users violate these conditions, Care Forward may terminate their access or suspend it for a time.

 

Article 2. Access and operation of the Care Forward Service 

2.1 Access to the Care Forward Service 

The Care Forward Service is offered on the internet and to access it Users must have an internet connection. All Telephone Connection and internet access costs are at their expense. 

Care Forward does not make any equipment resources available to the User for connection to the Website, particularly telephone installations, terminal equipment, software or subscriptions. Care Forward only grants the User a limited, non-exclusive and non-transferable license to access and use the Care Forward Service and its content. This license is subject to compliance with the rules provided by these General Conditions of Use. 

Care Forward is free at any time to interrupt or suspend access to all or part of the Care Forward Service, or Website, particularly for operational or maintenance reasons, and to modify, suspend, delete the Website and to terminate its publication on the internet, without users having any claim to compensation.

2.2 Operation of the Care Forward Service 

Care Forward does not guarantee that operation of the Care Forward Service is continuous or error free. 

Care Forward cannot be held responsible for unavailability, interruption or malfunction of the Care Forward Service, for whatever reason and, particularly, in the case of a fault in its internet access provider, its hosting service, the intrusion of a third party or force majeure. 

Care Forward cannot be held responsible for the inconveniences and harm that are an inherent risk associated with use of the internet, such as the presence of viruses or malware.

 

Article 3. Services to Participants 

To use Care Forward Services, You must be a natural person, aged eighteen (18) or having reached the age of majority in Your country of residence or having obtained the agreement of Your Legal representative (parent or guardian) if You are a minor. 

You only have a right of access to the Care Forward Service through a strictly personal invitation which is sent to you. 

A Participant can: 

  • participate in online events; 
  • share images from your webcam or screen during online events; 
  • respond to polls during online events; 
  • ask questions during online events; 
  • send chat messages during online events; 
  • review the recording at the end of the online event if it is activated. 

You are solely responsible for the security of your access to Care Forward Services. Care Forward cannot be held responsible for the harm your computer may suffer following the loss or sharing of your personal invitation.

Care Forward cannot be held responsible in any way if your personal invitation is stolen. You also acknowledge that you are presumed to be the User of your personal invitation and the person responsible for actions undertaken via your access to the Care Forward Service. You acknowledge that You, and not Care Forward, are responsible for all electronic communications and Content sent by You and that You must use the Care Forward Service in keeping with the applicable laws and regulations.

 

Article 4. Duration 

Access to the Care Forward Service is given to the User for the duration provided for by their personal invitation.

 

Article 5. User’s general obligations 

You are not authorised to use devices, programs, algorithms or other automatic methods of the type known as „deep link“, „crawlers“, „robots“ or „spiders“, or any other similar manual process or their equivalents to access, acquire, copy or monitor any part of Care Forward or the Content, nor to reproduce or bypass the navigational structure or the presentation of Care Forward or the Content to obtain or try to obtain data, documents or information by means not intentionally made available to you by Care Forward.

Care Forward reserves the right to prohibit this type of activity. You must not try to illicitly access any Care Forward Service function or section, not any other system or network connected to the Care Forward Service or a Care Forward server, nor the services offered by Care Forward, by computer piracy, „sniffing“ of passwords or any other unlawful means.

You must not try to probe, analyze or test the vulnerability of the Care Forward Service or any network connected to the Care Forward Service, nor infringe the security and authentication measures that have been set up on the Website and on the Care Forward Service or the networks connected to the Care Forward Service. You are not authorized to reverse look-up, trace or attempt to trace information on other Care Forward Service users or visitors, or other Care Forward clients,particularly any Care Forward account of which you are not the holder or source, nor exploit the Care Forward Service or the services or information made available or offered on or via the Care Forward Service, in any manner whatsoever, with the aim of revealing this information, particularly personal identifying information or information other than your own information, as it appears on the Care Forward Service. You undertake not to take any action that would impose an excessive or unreasonable burden on the Care Forward Service infrastructure, the Website or the Care Forward systems or networks, or any other system or network connected to Care Forward Service or Care Forward. You undertake not to use any device, software or sub-program to interfere or try to interfere in the proper operation of the Care Forward Service or any transaction conducted on the site and on the Care Forward Service or the use of the Care Forward Service by any other person. You must not try to fake headers or manipulate IDs in any manner whatsoever to disguise the origins of a message or a broadcast sent to Care Forward on or via the Care Forward Service, or a service offered on or via the Care Forward Service. You must not pretend to be or to represent another person, or pass Yourself off as another physical or legal entity. You must not use the Care Forward Service or its Content in an unlawful goal or one that is prohibited by these General Conditions, nor with the aim of encouraging activity that is illegal or infringes the rights of Care Forward or third parties.

 

Article 6. User obligations in terms of content 

You are reminded that only Users are responsible for the content they broadcast on the Internet,on the Care Forward Service and in their dedicated space. Under no circumstances can Care Forward be considered responsible for content created by the User. The User undertakes to ensure that their content does not infringe the rights of third parties, and in particular: 

6.1 Content that is clearly unlawful 

The content published by the user must not incite tohatred, violence, anorexia, the manufacture and use of explosives, suicide, racism, anti-Semitism, xenophobia, homophobia, or publicly defend war crimes or crimes against humanity;

The content published by the user must not under any circumstances have a paedophilic or pedo-pornographic character; The content published by the user must not incite to commit a crime, an offence or an act of terrorism or encourage suicide; The content published by the user must not incite to discriminate against a person or group of persons because they belong to an ethnic group, a religion, a race or due to their sexual orientation or disability. In the context of its obligations to combat clearly illegal content, decreed by the law of 21 January 2004 on confidence in the digital economy, Care Forward may retain Users’ connection data, particularly relating to content exchanged via internal messaging.

6.2 Contentious content 

Prior to any publication, the User undertakes to take cognizance of any rules and limits concerning freedom of expression. Freedom of expression permits criticism, reporting information that is verified and proved; it does not permit denigration and defamation. Any denigration, defamation or allegation of information that is inaccurate or deliberately abridged to alter its meaning may result in legal action against the author. 

The content published by the user must not infringe or be contrary to public order, public decency or wound the sensibilities of children; 

The content published by the user must not have a pornographic character; 

The content published by the user must not harm the rights to reputation, to private life and image of third parties; 

The content published by the user must not be denigratory or defamatory, in the strict sense of the law; 

The content published by the user must not harm the image, the reputation of a brand or of any physical or legal person; 

Freedom of expression permits criticism as long as it is objective, reasoned, and relates to real facts. 

The content published by the user must not threaten the security or integrity of a State or a territory, whatever it is; 

The content published by the user must not allow third parties to obtain pirate software, software serial numbers or any software that can harm or threaten, in any way, the rights or the property of third parties; 

The content published by the user must not harm the intellectual property rights of any natural or legal person whatsoever

6.3 Image rights and intellectual property 

The User of an online event expressly accepts the recording, the use and the broadcasting of his or her image as part of recording an online event. Any dispute related to the use which may be made of the intellectual property rights or image rights of a User to broadcast an online event shall be the sole responsibility of Care Forward.

The user gives consent for Care Forward, to take photographs and/or videos (including sound) of the user. The photographs and/or videos taken may be published without restriction with regard to time, space or content. The user irrevocably grants all rights of use to Care Forward for the reproduction, distribution and publication of the photographs and videos, which may also be in electronic form. This includes the right to use the photographs in all media, in print and online products, on all social platforms, for the purposes of presenting itself and for commercial use. Care Forward is permitted to optimize the photographs and/or videos for printing and to alter or edit (cropping, montages, photographic or computer-aided editing or modification) them for this purpose. The decision to print the names of people involved shall be at Care Forward discretion. The user will not receive any form of payment and will not assert any claims in this regard. 

 

Article 7. Intellectual property – Brands 

All of the text, graphics, user interfaces, photographs, commercial brands, logos, sounds, music, illustrations and IT code (collectively designated by the term „Intellectual Content“), particularly the design, structure, selection, coordination, expression, appearance and user- friendliness, the presentation and layout of the Intellectual content, appearing on the Website and on the Care Forward Service is held, controlled or transferred under license by or to Care Forward, and is protected by all the applicable legislation related to intellectual property and unfair competition. 

Unless there is an express indication to the contrary in these General Conditions, no section of the Care Forward Service, the Website or any intellectual Content may be copied, reproduced, modified, republished, uploaded, published, exhibited in public, encoded, translated, transmitted or broadcast in any manner whatsoever (including by „mirroring“) on another computer, server, website or published or broadcast medium, or for any commercial enterprise whatever, without prior written agreement from Care Forward. 

You can use the information about Care Forward products and services intentionally made available by Care Forward for downloading, on the condition that (1) you do not delete the copyright notices on the copies of these documents, (2) you use this information for your personal use for non-commercial purposes and you do not copy and do not publish the information on a network computer and do not broadcast it in any medium whatsoever, (3) you do not make changes to this information and (4) you do not offer any commitment or guarantee about the content of these documents. 

It is recalled that any content produced by the User during an online event remains the property of the Client and that ownership thereof shall not be transferred to Care Forward.

 

Article 8. Responsibility and Guarantee 

Care Forward will do everything possible to ensure correct operation of the Service and to provide the Service to you 24/7. 

Nonetheless Care Forward only has an obligation of means regarding access to and use of the Service. Care Forward cannot guarantee that the functions offered by the Service will always be available or free of typographical, technical or other errors, that faults will be corrected or that the Services or servers that host it will be free from viruses or bugs.

The Service may be interrupted temporarily by Care Forward for reasons of maintenance, test, repair or anything else associated with the improvement and operation of the Service, without creating liability. 

Moreover, Care Forward cannot be considered responsible for the content of Websites or personal pages of the User (sites, personal blogs of the user which are accessed externally or internally to Care Forward). The User accepts and recognises that he or she is solely responsible for the information, text, image, videos, data, files and programs contained in their personal space or on their personal page. 

The User shall not hold Care Forward liable for any loss, complaint, dispute, compensation or expense, including the costs of justice and defense, claimed by a third party or another user due to their personal space or personal page. 

Care Forward is held to an obligation of means within the framework of these General Conditions of Use and cannot under any circumstances be held responsible for any loss, harm or indirect damages of any kind whatsoever as a result of the management, use, operation or interruption or failure of the service. 

Care Forward cannot be considered responsible for the content of external Websites, or for the functionality of access to these Websites. Care Forward does not approve and is not responsible for the content, ideas, opinions, products or services sold on these external Websites. 

The User acknowledges that he or she is solely responsible for hypertext links and internet addresses that he or she includes on their Website or personal page and guarantees Care Forward, its subsidiaries, directors, agents and employees against any dispute or claim regarding these links. Care Forward does not provide a guarantee against and cannot be considered responsible for the loss or alteration of files or data that the User transfers to their personal space on the Care Forward Service. The User agrees to transfer his or her data and files knowingly and under their sole responsibility. It is the User’s responsibility to perform any backup measures that seem necessary to him or her. In any event, any liability that could be incurred by Care Forward within the framework of these General Conditions is expressly and solely limited to direct actual damages suffered by the User and shall not exceed, all faults and damages aggregated, the total amount paid by the User concerned within the year preceding these damages. Any procedure against Care Forward must be started within one (1) year following the damage concerned.

 

Article 9. Personal Data 

Care Forward collects and processes some of the User’s personal data (the „Data“), under the conditions provided for by the Data Protection Policy. The Data Protection Policy and its contents are an integral part of these Conditions of Use. 

Care Forward assures the User that his or her Data will be collected and processed in compliance with the provisions of the modified law no. 78-17 of 6 January 1978 on Information Technology, Data Files and Liberties (the „IT and Liberties Law“) and Regulation (EU° no. 2016/679 of theEuropean Parliament and Council dated 27 April 2016 (the „Regulation“). 

The User is invited to consult the Data Protection Policy, where a more detailed account of the conditions of collection and processing of the User’s Data can be found. 

Due to the provisions of the IT and Liberties Law and of the Regulation, Users have a right to access, to rectification and to erasure of their Data, to restriction of processing or to object to this processing, a right to setup instructions for preserving, erasing and communicating their Data after their death and the right to the portability of their Data. 

The User exercises his or her rights: 

The User may exercise his or her access, rectification and deletion rights directly via email to Care Forward, in accordance with the Data Protection Policy. 

Care Forward undertakes to guarantee the existence of adequate protection levels in keeping with the applicable legal and regulatory requirements. 

Care Forward will notify the CNIL and/or the person concerned of any possible Data infringements covered by the Regulations.

 

Article 10. Sanctions 

If one or more provisions of these General Conditions is violated, or of the contract of subscription as a Client, or any other document written by Care Forward, Care Forward reserves the right to terminate or limit without any prior warning and at its sole discretion, your use and access to the Care Forward Service, your account and all other Care Forward services.

 

Article 11. Modification 

Care Forward reserves the right to alter the General Conditions of Use at any time. 

Each change will take effect from the time it is put online on the Website and on the Care Forward Service. Care Forward undertakes to inform Users in advance by email or by a display on the Website and on the Care Forward Service. The User will have to accept the modification of the General Conditions in order to use the Care Forward Service. 

Care Forward is free to add and to delete Care Forward services and/or to alter their characteristics and conditions of use. It will inform Users about this in advance by email or by a display on the Website and on the Care Forward Service. 

Within the context of using the Care Forward Service or by its intermediation, the User may be led to make use of or access content provided by third parties. Care Forward rejects any responsibility with regard to the said services and content, with which it is not involved, the third-party provider of the service or content being solely responsible in relation to the User. 

Under no circumstances can Care Forward be held responsible for any damage that has occurred in the context of exchanges performed outside the Care Forward Service, even between Users.