TERMS AND CONDITIONS

ARTICLE 1 - OWNERSHIP AND MODIFICATION OF THE WEBSITE

The Website www.cleverkids.be (hereinafter “the Website”), as well as all possible sub-domains of this Website are managed by - and are the property of - Eureka Expert CV, with registered office at Diestsesteenweg 722, 3000 Leuven, Belgium, registered in the Crossroads Bank for Enterprises under number 0458.390.722 ("Eureka Expert CV").

 

In case of questions, complaints and / or comments regarding the Website, you can always contact Eureka Expert CV, Diestsesteenweg 722, 3010 Kessel-Lo, Belgium or the following e-mail address hello@cleverkids.be.

 

Eureka Expert CV reserves the right to change these General Terms of Use at any time, and without prior notice, to comply with legal obligations or to improve the service. Any modified version of these General Terms and Conditions of Use applies from the first date of publication on the Website. Consult this page regularly.

 

The use of the Website implies that "the user" of the Website fully and irrevocably accepts the conditions and guidelines for use of the Website included in the General Terms and Conditions of Use. These General Terms and Conditions therefore apply both to the mere visitor to the Website (without logging in) and to the participants on the digital education platform where, after registration and creating a personal account, one can be active under a username. Eureka Expert CV reserves the right at any time to deny all users access to the Website in whole or in part, including in the event of clear violation or suspected violation of these provisions.

 

Eureka Expert CV knows that it is a challenge to protect students from the challenges the internet brings. Eureka Expert CV is committed to creating the safest possible internet environment for minors with due regard for a healthy dose of caution when designing the content of the Website and due respect for the processing of data of these minors.

ARTICLE 2 - OBJECT

The Website is a so-called learning platform. Currently, the different target groups that can use the learning platform are: underage students, parents (or authorized adults), remedial teachers, teachers and other teaching staff.

 

Eureka Expert CV reserves the right to refuse the registration of a user at any time without giving reasons. In particular, this right to refuse applies in the event of a suspicion of statement by the user of incorrect or incomplete data during login. Furthermore, this right of refusal also applies in the event of suspicion of the use of automated systems, including so-called bots.

 

Eureka Expert CV also reserves the right to refuse registered users access to the Website at any time and, if applicable, to permanently delete accounts if the user in question uses the Website in such a way that this use is reasonably can be considered unacceptable. An “unacceptable use” of the Website includes, but is not limited to, communicating messages, comments, data, etc. that:

  • are offensive, racist, hateful, extremist, offensive or pornographic;

  • run the risk of being regarded as "slander and honor robbery" or libel

  • could be considered as any form of hacking or attempted hacking of the Website;

  • impersonating a school or educational institution as a private person;

  • in any way the rights of Eureka Expert CV - including, but not limited to, affect its good reputation;

  • produce the same or similar effect as uploading files or information, using or exchanging potentially illegal files or information (for example, music, movies, etc.), sending spam, etc., through the Website;

  • in any way have a commercial background and are aimed, for example, at acquiring customers, advertising, marketing-related purposes, etc.

ARTICLE 3 - REGISTRATION AND USE OF THE WEBSITE

In addition to the mandatory acceptance of Eureka CV's Privacy Statement, users of the Website will only be able to complete their registration if they agree to these Terms and Conditions of Use.

 

For further questions and / or comments regarding the completion, in a valid and correct manner, of a user's registration on the Platform, please refer to the FAQ within CleverKids.

 

Minor children

Minor children can only make full use of the Website if either their parents, or an authorized adult, or their school / teacher registers them as a user with a username and password.

 

Hereby, the authorized school and / or the parent or authorized adult respectively authorize the minor user to use the Website in full, and to grant the minor child's account access to the Platform.

 

An authorized adult must therefore first register before an account can be made for the minor child. Minor children will be able to perform various activities on the Platform, including:

  • Making online exercises

  • Downloading files

  • Visiting external websites

  • Uploading files

 

Parents (and / or qualified adults)

Parents (and / or qualified adults) can register their child on the Website, including creating a personal account valid for the Platform. Parents who have a personal account on the Website can also be linked to a child profile that the school has created for their underage child. You can freely join other adults (per example: teachers, speech therapists, family, etc.) per account of a minor child.

 

In the event of a dispute between different adults who would be linked to the same account of a minor child, only Eureka Expert will have the power to temporarily or permanently disconnect adults from the relevant account of a minor child. Decisions in this respect are final and uncontested.

 

Teachers, remedial teachers and other coaches

Teachers can register on the Website. Within the Website they can create a school/practise after which they can add other teachers and coaches to the school/practise. Included in this target group are also recognized specialists from the education system, such as a SEN-staff, ICT coordinator, etc.

 

Minor children registered by the school or educational institution are linked by the teacher and / or school manager to their respective teacher and / or class, after which the teacher finds the respective minor child in his account. Each teacher can freely create their own groups based on the students in his / her account.

 

The teacher agrees that the parents (or authorized adult) of the minor children registered by the school or educational institution are informed by them at the start of use on the Website that their minor child has been registered on the Website. It is possible to link the parent to the child account immediately when creating the minor child.

ARTICLE 4 - INTELLECTUAL PROPERTY

All components of the Website (including but not limited to the software used, source codes, the structure, layout, texts, avatars, logos, sound elements, the voices spoken, photos, drawings, exercises, games, images, sound, databases, names, descriptions, trade and domain names) are works protected by copyright and / or other intellectual property rights, including trademark law.

 

All relevant property rights, including intellectual property rights (copyrights, trademark rights, database rights, drawing and design rights, etc.) belong to Eureka Expert CV or are included on the Website with the permission of the owner of the relevant rights.

No part of the Website may be stored (other than necessary to be able to visit the Website), reproduced, modified, translated, made public, distributed, rented, sold, transferred to others or used in any way without prior and written permission from Eureka Expert CV.

ARTICLE 5 - LIABILITY

Eureka Expert CV makes sure to provide the most accurate information possible, but can never guarantee the correctness, completeness and suitability of the information on the Website and can therefore not be held liable for this. This applies to information provided by Eureka Expert CV itself on the Website, promotional material, as well as information from users or others. Information is understood to mean everything on the Website: including texts, exercises, games, photos, sound, data, etc.

 

Eureka Expert is not liable for any decision or action taken by the user based on the information provided to users or others, nor is it responsible for any errors or mistakes made by the user.

 

Nor is Eureka Expert liable for direct or indirect damage or any damage that could be caused by inaccuracy, incompleteness, unsuitability, oblivion or negligence in the provision, compilation, drafting, writing and interpretation of the information on the Website. In addition, Eureka Expert is also not liable for the loss of files or information entered by the user in the platform.

 

Before accessing the Platform, it might be necessary for users to install certain software (Browser). This software complies with all current norms and standards regarding safe and reliable software. Eureka Expert is therefore not liable for permanent or temporary damage or defects to users' data or computer equipment during or after use of the Website. In particular, Eureka Expert is not liable for the possible transmission of viruses, trojans and the like via the Website.

 

Eureka Expert is not liable for links to websites operated by others or for damage caused by visiting these websites. Eureka Expert CV cannot exercise any control over these websites and cannot be held liable for their content.

Eureka Expert uses modern techniques as much as possible for the realization of the Website. However, Eureka Expert cannot be held liable for (temporary) failure or possible malfunctions or maintenance work on - or of - the Website.

 

The user is at all times exclusively responsible for all messages, data, comments, information, etc. sent by the user through his / her active participation on the Website. The user is therefore also exclusively responsible for all possible rights, including copyrights, trademark rights and the like, which may rest on the information that the user communicates on the Website. This means that the user will be exclusively responsible for any claim by third parties or data subjects for violations of their rights. The user fully indemnifies Eureka Expert against any claim by third parties for such (alleged) infringements of their rights due to the information (image, text, sound, etc.) placed by the user on the Website.

 

In accordance with Article 1384 of the Civil Code (Belgium), parents must at all times be responsible for the actions (and any damage caused) of their children. This also applies to any use of the Website by a minor child. In the event of any damage caused by the use, by a minor child, on the Website, Eureka Expert will be entitled to sue the parents (or authorized adults) who have consented to the registration of the child in question.

ARTICLE 6 - PRIVACY

In view of the evolution of privacy legislation, Eureka Expert reserves the right to change its Privacy Statement at any time. Consequently, Eureka Expert advises the user to regularly check the Website for any changes to the Privacy Statement.

 

Just like these General Terms and Conditions of Use, the above-mentioned Privacy Statement will also have to be accepted by the users of the Website and any associated applications for PC, Mac and tablets before fully accessing the Platform via their personal account.

ARTICLE 7 - DISTANCE

The lack of enforcement by Eureka Expert CV of any provision of these General Terms of Use, or the failure to take any action against a user of the Website in the event of a possible breach of any provision, cannot be interpreted as a waiver of any claim or right in respect of any provision in the context of a possible future infringement by a user.

ARTICLE 8 - Severability

If any provision of these Terms of Use is declared illegal, void or unenforceable in whole or in part under applicable law, this provision will no longer form part of these Terms of Use. The legality, validity and binding nature of the other provisions of these General Terms and Conditions of Use remain unaffected.

ARTICLE 9 - COMPETENT COURT AND APPLICABLE LAW

These General Terms and Conditions of Use are exclusively governed by - and interpreted in accordance with - Belgian law.

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