Legal and regulatory

Terms of Use - HCP

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Preamble

These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service make up the entirety of the contractual framework applicable to each service provided through moveUP for your benefit (“hereinafter the “Contract”). This Contract cancels and replaces any other preceding forms of communication.

It is important to read, understand, and accept the entirety of the content of this Contract, as each service provided through moveUP for your benefit is governed by this contractual framework and, specifically, these general terms of use. 

By using the moveUP services, you also accept the terms of use. If you disagree with the content of this Contract, you should not make use of moveUP.

This preamble is an integral part of the general terms of use of the moveUP platform. 

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1. Article 1 - Generalities

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      1.1 Who is governed by these general terms of use?

These general terms of use apply to each natural person using the moveUP Platform, or, generally, the service provided by moveUP NV/SA (hereinafter: “we”). This person is designated “you” in this document (refer to the provisions below).

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      1.2 Who are we, and how can you contact us?

The moveUP platform you are using is a service provided by the information company governed by these general terms of use, called moveUP NV/SA (hereinafter: “we”).

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Our precise coordinates:

Corporate form: public limited company/societé anonyme 

Website: www.moveUP.care 

Email address: info@moveUP.care 

Telephone: +32 80 088 008

Registered offices: Kantersteen 47, 1000 Brussels

CBE/VAT no.: VAT BE 0643.795.235

You can contact us at the aforementioned mailing address.

You can also use the following email address for any questions related to these general terms of use: info@moveUP.care.

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2. Article 2. – Definitions

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The following words are defined as follows in these general terms of use:

• “General terms of use”: these general terms governing the use of moveUP.
• “The moveUP platform” or “moveUP”: the platform, and, generally, the service provided by the information company used to present our services.
• “We”: the legal entity offering its services on moveUP, which personal data are defined in the “Generalities” section of this document, referred to as “we”, “our”, and the like in these general terms of use.
• “Privacy statement”: the document that describes the processing of the data, as available at www.moveup.care/privacy
• “Professional health partner”: the healthcare professional connected to the patient through moveUP.
• “Contract parties”: the parties that undertake to respect these general terms of use, primarily you and us.
• “Service(s)”: the entirety of the services we provide through and using moveUP in the context of our professional activities or to pursue our statutory object as set out in the “Description of our services” section of this document.
• “User(s)”: each person, not including you, with access to and using moveUP.
• “You”: the person with access to and using moveUP, designated in these general terms of use as “you”, “your”, and the like. You are a Professional health partner.
• “Confidential code”: The code you have received from us and that you transmit to the patients to enable them to create a moveUP account. 

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3. Article 3. – Subject matter and acceptance of these general terms of use

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The use of moveUP is governed by these general terms of use. These terms of use constitute a legally binding agreement between us and you and apply to your use of the moveUP platform.

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These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between you and us relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these terms of use shall affect, or be used to interpret, change or restrict, the express terms and provisions of these terms of use.

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You undertake to respect these during any use of moveUP and our services. If you register for the online services, you acknowledge to have studied these general terms of use and to accept them by (i) using moveUP, and (ii) by checking the corresponding field when ordering your subscription, in accordance with the “Subscription for our services” section of this document.

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4. Article 4. – Description of our services

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We are a medical device company developing technology and software to enhance, personalize and predict revalidation after surgery.

We proposes the following to you, among other things:

• The access to the moveUP platform;
• The creation of your moveUP subscription and the access to your data set out therein;
• The definition of personalised recovery programme after a knee or hip surgery with proposed exercises tailored to each patient’s situation using videos, personalised follow-up, figures, and a graph of the patient’s progress, as well as, where relevant, the ability to connect to our professional healthcare partners;
• The access to the videos of the personalised exercises for the patient’s recovery;
• The access to the patient’s progress data;
• The ability to connect to the patients and, where relevant, discussions with them concerning an adjustment or improvement to their recovery programme.

You understand that we can change or adapt the content of the Services at any time, specifically to take into account changes to technologies and/or applicable legislation. We will do our utmost to inform you about any important improvement or change to our Services.

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5. Article 5. – Your general commitments

You confirm that you are of legal age in your country and are not forbidden by an employment or other contract to form a binding contract and hereby agree to be bound by these general terms of use. 

You undertake to provide information in accordance with these general terms of use that is accurate, precise, and up to date. You undertake to use moveUP in accordance with the instructions that will be provided by moveUP. 

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‍6. Article 6. – Access to the moveUP platform

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Once your moveUP account has been created, you will have access to our Services through the moveUP platform.

In order to use moveUP, you must have a compatible device. moveUP is not compatible with all devices and it is your responsibility to use a compatible device with moveUP. Any compatible device with moveUP and on which you use moveUP will be known as a “Device” for the purposes of these terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use moveUP on such Device. You accept responsibility for any use of moveUP on or in relation to such Device, whether or not such Device is owned by you, or such use was made by you.

From time to time, updates to moveUP may be made available. Depending on the update, you may not be able to use moveUP until you have installed the latest version or updated your Device. 

You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of the Services.

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7. Article 7. – Your obligations when using moveUP
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     7.1 The security of your moveUP account

Access to your account is subject to identification using your login credentials and password.

You will solely remain responsible for the information stored on your account. You can add, amend, or remove information at any time.

You acknowledge that your login credentials and password are strictly personal and confidential. You are required to take all necessary steps to secure your login credentials and password against any form of attack. We cannot be considered responsible for any fraudulent access to your account or any changes made to this account, except in case of gross negligence attributable to us.

     7.2 The use of moveUP

You agree to use the moveUP Services only for their intended use as set forth in these Terms of Use.

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the moveUP Services or additional provided documentation or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the moveUP Services.

By using moveUP, you guarantee and ensure that you are responsible for any use of moveUP by yourself or by any person using your login credentials and password or working under your authority, and that you will be responsible in case of a failure attributable to you, even if this is due to carelessness.

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You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

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     7.3 Ban on the illegal or unlawful use of moveUP

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.  You guarantee that you will comply with the GDPR or any other applicable data protection regulations that are recognized as providing an adequate level of protection under the GDPR framework or similar regulations when processing and handling patient data on the moveUP platform.

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     7.4 Observing the moveUP instructions

You undertake to closely observe the instruction that will be provided by moveUP and to complete the questionnaires submitted to you with accurate and complete information.

You understand that any use of moveUP not in line with the instructions, as well as any provision of false, incomplete, or incorrect information will affect the performance of moveUP and may lead to the provision of Services not tailored to your needs. You understand that we can never be responsible in this case.

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     7.5 The content you publish on moveUP

     7.5.1 The publication of your content

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You will contribute to the performance of moveUP if you publish information, content, comments, or remarks on moveUP.

In order to ensure that this performance is suitable and make moveUP effective, you undertake to respect the entirety of these general terms of use and applicable statutory and regulatory provisions.

The information you provide, program, amend, and check is your complete responsibility, and, where relevant, will be subject to your individual and exclusive responsibility.

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     7.5.2 Ban on certain content

The content you provide on moveUP may not (this list is not exhaustive):

• be false;
• be defamatory, unlawful, threatening, or harassing;
• be obscene (pornography, paedophilia), harm public order and public decency;
• entail attacks or insinuations based on races, beliefs, or the lack thereof, ethnic origin, sex, or sexual preference;
• relay an unsolicited or non-permitted message of a promotional nature;
• harm the rights of third parties, such as intellectual property rights, the right to privacy, and personal data. If you place content on moveUP protected by intellectual property rights (picture, text, drawing, etc.), you undertake to check in advance whether the holder of these rights accepts this. Moreover, if the content published online on moveUP is a picture of an identified or identifiable person, you undertake to check in advance whether this person has given permission, even if you are the creator of the aforementioned picture.
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8. Article 8. – Our liability

     8.1 Generalities

moveUP and its services are provided in an unaltered state and without any explicit or tacit guarantee concerning the conditions of their use and/or availability.

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You have been informed that moveUP and our services are in line with applicable Belgian legislation. We will not be liable in relation to regulations of the country, not including Belgium, where moveUP and its services are provided, unless mandatory legal provisions determine otherwise. 

In case of a failure to provide a Service or a poor provision of a Service, our liability can not be invoked if the failure or poor provision of a Service is due to you or due to the unforeseen and irresolvable actions of a third party not related to the Services, or, ultimately, in case of force majeure.

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     8.2 Quality of the instructions and the content we provide

We will deploy all available resources in order to offer you quality content.

You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data in connection therewith.

Our Services are provided “as is” and, to the extent permitted by applicable law, we and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of our Services shall be at your sole risk. We shall not have any obligation to furnish any maintenance and/or support services with respect to moveUp. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of moveUP.

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We do not warrant that our Services will be operational, error-free, secure or safe or that our Services will function without disruptions, delays, or imperfections. We do not warrant that defects will be corrected or that moveUP is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of moveUP. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by moveUP.

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We do not control, and we are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties.

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     8.3 Limitation of our liability in relation to content provided by professional healthcare partners to the patients

In the context of our services, we store information provided by you and make this information available. We cannot be held liable – both for civil-law purposes and criminal-law purposes – for the content sent to you or by you or distributed through moveUP in this manner.

You specifically acknowledge and agree that we cannot be held liable for any healthcare or related decisions/advice or treatments made available to you or by you, any healthcare partner or physician upon the moveUP services. You acknowledge and agree that you, and not we, are solely responsible for the interpretation of your data or other healthcare information related to your use of the Service.

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     8.4 Security/access

We make reasonable efforts to ensure the security and operational integrity of moveUP by applying security measures tailored to the nature of the data and the risks related to our activities. However, various factors beyond our control can have an impact on the performance of moveUP.

We strive, insofar as possible, to keep our services available 7 days per week, 24 hours per day.

We reserve the option of fully or partially interrupting, suspending, or amending (without notice or compensation) the access to the Services of moveUP in order to maintain or update them, or for any other reason, specifically technical reasons, without these interventions leading to any obligation or compensation.

For this reason, unless compelling statutory or regulatory provisions determine otherwise:

• our liability cannot be invoked in case of an interruption in the access to moveUP and its consequences;
• we cannot be held liable for any damage (direct or indirect) or for a temporary or permanent incident allegedly caused to your data or the IT materials when accessing moveUP;
• we are not liable for the fraudulent use of our communication methods and reject any responsibility in case of intrusion in our IT system and theft of data, with the provison that we take all necessary measures to prevent such unlawful intrusion.

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     8.5 Updates

Despite the efforts taken to ensure the accuracy of the information and/or documents on moveUP, and subject to mandatory statutory provisions to the contrary, we reject any liability of any nature in case of inaccuracies in or lack of updates to information and/or a document present on moveUP.

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     8.6 Damage

To the extent legally permitted under applicable law, we shall not be liable to you or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the moveUP Services under these terms of use, including but not limited to any miscalculations, or the use, misuse, or inability to use the moveUP Services or other documentation provided, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if we have been notified of the likelihood of such damages.

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You agree that we can only be held liable to the extent damages suffered by you are directly attributable to us. For the avoidance of doubt, we shall not be liable for any claims resulting from (i) your unauthorized use of the moveUP Services, (ii) your or any third party's modification of (any parts) of the moveUP Services, (iii) your failure to use the most recent version of the moveUP Services made available to you or your failure to integrate or install any corrections to the moveUP Services issued by us, or (iv) your use of the moveUP Services in combination with any non-moveUP products or services. The exclusions and limitations of liability under this article shall operate to the benefit of our affiliates and subcontractors under these terms of use to the same extent such provisions operate to our benefit.

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Our aggregate liability relating to, arising out of the use, inability to use, or the results of use of the Services, or in any way in connection with our terms of use, us, or our Services will not exceed the amount of the subscription paid for your use of our Services in any situation, with exclusion of the costs of delivery and VAT.

The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some States or jurisdiction may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in these terms of use, in such cases, our liability will be limited to the fullest extent permitted by applicable law.

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Notwithstanding any limitation of liability established by these Terms, we are only liable to the following extent: we are liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Directive.

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In the event that misuse of the platform or breach of legal or contractual obligations by a healthcare professional results in harm to moveUP, including reputational or financial damage, moveUP reserves the right to seek compensation for all direct and consequential damages incurred.

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    8.7 Medical facility and insurance

We are a Class I medical device under MDD 93/42/EEC, and CE certified.

We have taken out a civil liability after delivery insurance from Axa Belgium. This insurance will provide compensation to persons suffering physical damage caused by moveUP, provided that (i) a shortcoming attributable to us, (ii) damage suffered by you, and (iii) a causal relationship between our shortcoming and your damage are demonstrated.

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9. Article 9. – Distribution/revocation/amendments to the contents

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Within the applicable statutory limits, we may be required to distribute any content or data of moveUP, or to comply with applicable laws, or, if we – in good faith – believe that such a measure is required to protect our rights or interests, those of our users, or those of the general public, specifically in the context of judicial proceedings, to respect the general terms of use, to respond to complaints and/or claims invoking the violation of the rights of third parties.

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10. Article 10. – Links to other services

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moveUP can link to other services (websites, applications, and the like) over which we cannot exert any technical or substantive control. The existence of a textual link to another service does not constitute our validation of this service or its content.

For this reason, we cannot offer guarantees concerning the limitative or correct nature of the contents of these services of third parties, including with respect to their availability.

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We reject any liability for the direct or indirect damage arising from consulting or using these online services referred to by moveUP or for the information published on these services. We also reject any responsibility in relation to the handling of the personal data on these services.

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We invite you to study the general terms and conditions and the privacy policy of these third-party Internet services.

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11. Article 11. – Intellectual property

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     11.1 Our intellectual property

The moveUP Services made available by us are our exclusive property. All rights in and to the moveUP Services not expressly granted to you in these terms of use are reserved to us. You acknowledge that (i) all intellectual property rights in and to moveUP belong to us or our licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, moveUP or its content other than the right to use moveUP in accordance with these these terms of use.

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We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with these general terms of use. This license is for the sole purpose of enabling you to use our Services in the manner permitted by these general terms of use. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

moveUP (considered as an inextricable whole) and the various elements added by us on moveUP (such as the texts, pictures, catalogues, updates, brands, logos, illustrations, specific software, and videos) are protected by the intellectual property rights of moveUP or its licensors. Where relevant, these have been the subject of permission for publication, distribution, or a right of use acquired by these licensors.

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The logo, the name of the products, the services, or the name of the companies listed on moveUP are suitable as representation of the brands, commercial names, and company names of the respective owners. You explicitly undertake to respect the intellectual property rights mentioned here above.

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Without prejudice to the exceptions arranged by law and without the prior written approval of us, you will not, temporarily or permanently, amend, copy, distribute, publish, provide, sell, reproduce, have another party reproduce, in any manner, publicly or in secret, using any method, all or a part of this information, the software, the product, or service provided by us, without this list being exhaustive. The failure to respect this clause leads to a violation based on which civil and criminal liability of the infringing party can be invoked.

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     11.2 Intellectual property of your content

With respect to the content protected by the intellectual property rights that you upload, submit, store, send, or receive on or through our Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, amend, translate, distribute, modify, display and communicate this content, exclusively for administrative purposes of moveUP, to operate and provide our Services and for the performance of the Contract. This authorisation will apply during the entire statutory period of the intellectual property rights concerned, including after the termination of the Contract.

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If you provide us with any comments, bug reports, feedback, enhancements, or modifications proposed or suggested by you for the App (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary that you may include in any accompanying communication), and we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into moveUP or any other hardware, software or services. You hereby grant us a perpetual, irrevocable, transferable, licensable, sub-licensable, non-exclusive license without license fees under all rights necessary to so incorporate and use your Feedback for any purpose, including to make and sell products and services. Feedback shall not be considered confidential information and may be used for any purpose by us. There shall be no obligation to provide compensation to you for use of Feedback.

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12. Article 12. – Data collection and processing personal data

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With respect to the processing of your personal data conducted by us, we refer you to the privacy statement and the information on the processing of personal data. You must agree and consent to our privacy statement before using moveUP Services. 

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Your personal data is collected in order to provide you with the moveUP Services, feedback, customer care, marketing, non-commercial communications, for research activities, to manage and improve our moveUP services and for legal obligations.

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13. Article 13. – Duration and realisation of the general terms of use and the use of the services

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     13.1 Duration of the subscription

These general terms of use take effect on the day you are granted access to the moveUP platform and end on the day on which your moveUP account is closed. 

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     13.2 Your right to stop using the services 

You have the right to request the closing of your moveUP account by sending a letter by registered mail with confirmation of receipt to us at the address in the “General” section. 

Without prejudice to any compensation we could claim, we reserve the right to terminate your moveUP account in case of improper use by you, specifically:

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• the failure to respect our intellectual property rights or those of our licensors;
• voluntary provision of incorrect information;
• actions in violation of our commercial interests and/or the technical security of moveUP; 
• violation of laws, third-parties rights or breach of these terms of use.

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Our decision to close your moveUP account will take immediate effect. We may at our discretion, grant you a remedy period to remedy any improper use by you that we detected. In this case, the mere fact of not remedying the improper use within the remedy period will immediately cause the closing of your moveUP account without prejudice to any compensation we may claim.  

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We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.

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     13.3 The termination of your account

Upon the termination of these terms of use for any reason whatsoever in accordance with the provisions of these terms of use, at the moment of effective termination, you will no longer be authorized to access or use the moveUP platform. 

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All rights and obligations of us and you under these terms of use shall terminate, except those rights and obligations under this article, article 7, 8, 11, 14.8 en 14.9. 

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Once your account has been closed, we will retain your data and content of your account and provide you with these at your request in accordance with the privacy statement and the information and permission statement for the processing of personal data. We may delete data associated with your account, including but not limited to user content.

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14. Article 14. – Final provisions

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     14.1 Amendments to these general terms of use

We can amend these general terms of use at any time based on changes made to moveUP, changes to legislation, or for any other reasonable cause.

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Except for those amendments that are purely superficial, we will inform you about the amendments made to these general terms of use, where relevant, as well as of the date on which these amendments will take effect.

If you disagree with these amendments, you will have 15 days from the moment of the provision of this information to terminate your subscription and these general terms of use in accordance with the “Duration and termination of the subscription” section of this document. If you do not terminate your subscription within this period, you will be deemed to have accepted the aforementioned amendments.

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If we must make amendments due to changes to legislation, we will strive to introduce these amendments as soon as possible. During this period, you acknowledge that we cannot be held liable for temporary shortcomings in compliance.

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The revised version of these general terms of use will always be available on moveUP. We advise you to regularly review the terms of use so that you remain aware of the most recent terms of use that you are bound to respect.

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     14.2 Conclusive force

We can exchange the necessary information with you on moveUP by electronic means. All electronic communication between you and us will be deemed to have the same conclusive force as a paper document. We may assume that you are using moveUP yourself based on the use of your login credentials.

A printed version of these general terms of use and any warning provided in an electronic format will be accepted in each judicial or administrative procedure associated with this contractual relationship, with the same title and subject to the same conditions as other documents and a commercial registry created and kept in a printed format.

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     14.3 Severability

If a clause of these general terms of use must be declared fully or partially invalid, void, illegitimate, or non-applicable based on applicable law, this situation will not affect the validity of the remaining clauses, subject to the assumption of the nullity of an essential clause or the interrelatedness of the contractual provisions. The invalid, void, illegitimate, or non-applicable clause will be replaced – with retroactive effect – by a valid and applicable clause which content matches the original clause as closely as possible. This replacement of the cancelled clause will respect the amendment conditions of these general terms of use as set out in the “Amendments to these general terms of use” section.

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     14.4 Force majeure

Notwithstanding any provision stipulating otherwise, no contractual party will be held liable for delays in the fulfilment or non-fulfilment of its obligations arising from force majeure events (including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to our information technology systems by third parties or any other cause beyond our reasonable control). 

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     14.5 Notice

All forms of communication or notice sent to you will be valid if addressed to the email address provided by you, even if this address is no longer valid.

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     14.6 Waiver

Any failure to enforce any provision of these terms of use shall not constitute a waiver thereof or of any other provision.

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     14.7 Assignment 

You may not assign or transfer these terms of use or any rights or obligations to any third party.
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     14.8 Objection and extrajudicial dispute settlement

You can contact us about any objection related to moveUP or these general terms of use at the address listed in the “Generalities” section of this document.

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In case of a dispute related to moveUP or these general terms of use, please contact us before taking any other steps to enable us to come to an amicable solution insofar as possible.

Assuming that no amicable solution can be found without invoking a third party, you can contact the ombuds department for consumers, which contact details can be found on the website of the Federal Public Economy

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Department, at https://economie.fgov.be/nl/themas/online/belmed-onlinebemiddeling/alternatieve/vormen-van-geschillenregeling/ombudsman/belmedpartners/consumentenombudsdienst 

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You can also contact a European online dispute regulation platform at the following link http://ec.europa.eu/consumers/odr.

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The inclusion of this link does not mean that we acknowledge the competence of this platform. 
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     14.9 Applicable law and competent courts

These general terms of use are governed and must be interpreted in accordance with the laws of Belgium with exclusion of their conflict of laws principles.

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Any dispute arising out or in connection with the Services or these genera terms of use is subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

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Where relevant, this choice for the applicability of the laws of Belgium and the jurisdiction of the courts of Belgium will apply without prejudice to the applicability of any legal provisions of the Member State of the European Union in which you reside if these offer a greater level of protection to you than the Belgian provisions, or to the jurisdiction of another court designated by the applicable laws of the European Union.

Preamble

These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service make up the entirety of the contractual framework applicable to each service provided through moveUP for your benefit (“hereinafter the “Contract”). This Contract cancels and replaces any other preceding forms of communication.

It is important to read, understand, and accept the entirety of the content of this Contract, as each service provided through moveUP for your benefit is governed by this contractual framework and, specifically, these general terms of use. 

By using the moveUP services, you also accept the terms of use. If you disagree with the content of this Contract, you should not make use of moveUP.

This preamble is an integral part of the general terms of use of the moveUP platform. 

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1. Article 1 - Generalities

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      1.1 Who is governed by these general terms of use?

These general terms of use apply to each natural person using the moveUP Platform, or, generally, the service provided by moveUP NV/SA (hereinafter: “we”). This person is designated “you” in this document (refer to the provisions below).

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      1.2 Who are we, and how can you contact us?

The moveUP platform you are using is a service provided by the information company governed by these general terms of use, called moveUP NV/SA (hereinafter: “we”).

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Our precise coordinates:

Corporate form: public limited company/societé anonyme 

Website: www.moveUP.care 

Email address: info@moveUP.care 

Telephone: +32 80 088 008

Registered offices: Kantersteen 47, 1000 Brussels

CBE/VAT no.: VAT BE 0643.795.235

You can contact us at the aforementioned mailing address.

You can also use the following email address for any questions related to these general terms of use: info@moveUP.care.

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2. Article 2. – Definitions

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The following words are defined as follows in these general terms of use:

• “General terms of use”: these general terms governing the use of moveUP.
• “The moveUP platform” or “moveUP”: the platform, and, generally, the service provided by the information company used to present our services.
• “We”: the legal entity offering its services on moveUP, which personal data are defined in the “Generalities” section of this document, referred to as “we”, “our”, and the like in these general terms of use.
• “Privacy statement”: the document that describes the processing of the data, as available at www.moveup.care/privacy
• “Professional health partner”: the healthcare professional connected to the patient through moveUP.
• “Contract parties”: the parties that undertake to respect these general terms of use, primarily you and us.
• “Service(s)”: the entirety of the services we provide through and using moveUP in the context of our professional activities or to pursue our statutory object as set out in the “Description of our services” section of this document.
• “User(s)”: each person, not including you, with access to and using moveUP.
• “You”: the person with access to and using moveUP, designated in these general terms of use as “you”, “your”, and the like. You are a Professional health partner.
• “Confidential code”: The code you have received from us and that you transmit to the patients to enable them to create a moveUP account. 

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3. Article 3. – Subject matter and acceptance of these general terms of use

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The use of moveUP is governed by these general terms of use. These terms of use constitute a legally binding agreement between us and you and apply to your use of the moveUP platform.

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These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between you and us relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these terms of use shall affect, or be used to interpret, change or restrict, the express terms and provisions of these terms of use.

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You undertake to respect these during any use of moveUP and our services. If you register for the online services, you acknowledge to have studied these general terms of use and to accept them by (i) using moveUP, and (ii) by checking the corresponding field when ordering your subscription, in accordance with the “Subscription for our services” section of this document.

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4. Article 4. – Description of our services

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We are a medical device company developing technology and software to enhance, personalize and predict revalidation after surgery.

We proposes the following to you, among other things:

• The access to the moveUP platform;
• The creation of your moveUP subscription and the access to your data set out therein;
• The definition of personalised recovery programme after a knee or hip surgery with proposed exercises tailored to each patient’s situation using videos, personalised follow-up, figures, and a graph of the patient’s progress, as well as, where relevant, the ability to connect to our professional healthcare partners;
• The access to the videos of the personalised exercises for the patient’s recovery;
• The access to the patient’s progress data;
• The ability to connect to the patients and, where relevant, discussions with them concerning an adjustment or improvement to their recovery programme.

You understand that we can change or adapt the content of the Services at any time, specifically to take into account changes to technologies and/or applicable legislation. We will do our utmost to inform you about any important improvement or change to our Services.

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5. Article 5. – Your general commitments

You confirm that you are of legal age in your country and are not forbidden by an employment or other contract to form a binding contract and hereby agree to be bound by these general terms of use. 

You undertake to provide information in accordance with these general terms of use that is accurate, precise, and up to date. You undertake to use moveUP in accordance with the instructions that will be provided by moveUP. 

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‍6. Article 6. – Access to the moveUP platform

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Once your moveUP account has been created, you will have access to our Services through the moveUP platform.

In order to use moveUP, you must have a compatible device. moveUP is not compatible with all devices and it is your responsibility to use a compatible device with moveUP. Any compatible device with moveUP and on which you use moveUP will be known as a “Device” for the purposes of these terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use moveUP on such Device. You accept responsibility for any use of moveUP on or in relation to such Device, whether or not such Device is owned by you, or such use was made by you.

From time to time, updates to moveUP may be made available. Depending on the update, you may not be able to use moveUP until you have installed the latest version or updated your Device. 

You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of the Services.

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7. Article 7. – Your obligations when using moveUP
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     7.1 The security of your moveUP account

Access to your account is subject to identification using your login credentials and password.

You will solely remain responsible for the information stored on your account. You can add, amend, or remove information at any time.

You acknowledge that your login credentials and password are strictly personal and confidential. You are required to take all necessary steps to secure your login credentials and password against any form of attack. We cannot be considered responsible for any fraudulent access to your account or any changes made to this account, except in case of gross negligence attributable to us.

     7.2 The use of moveUP

You agree to use the moveUP Services only for their intended use as set forth in these Terms of Use.

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the moveUP Services or additional provided documentation or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the moveUP Services.

By using moveUP, you guarantee and ensure that you are responsible for any use of moveUP by yourself or by any person using your login credentials and password or working under your authority, and that you will be responsible in case of a failure attributable to you, even if this is due to carelessness.

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You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

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     7.3 Ban on the illegal or unlawful use of moveUP

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.  You guarantee that you will comply with the GDPR or any other applicable data protection regulations that are recognized as providing an adequate level of protection under the GDPR framework or similar regulations when processing and handling patient data on the moveUP platform.

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     7.4 Observing the moveUP instructions

You undertake to closely observe the instruction that will be provided by moveUP and to complete the questionnaires submitted to you with accurate and complete information.

You understand that any use of moveUP not in line with the instructions, as well as any provision of false, incomplete, or incorrect information will affect the performance of moveUP and may lead to the provision of Services not tailored to your needs. You understand that we can never be responsible in this case.

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     7.5 The content you publish on moveUP

     7.5.1 The publication of your content

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You will contribute to the performance of moveUP if you publish information, content, comments, or remarks on moveUP.

In order to ensure that this performance is suitable and make moveUP effective, you undertake to respect the entirety of these general terms of use and applicable statutory and regulatory provisions.

The information you provide, program, amend, and check is your complete responsibility, and, where relevant, will be subject to your individual and exclusive responsibility.

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     7.5.2 Ban on certain content

The content you provide on moveUP may not (this list is not exhaustive):

• be false;
• be defamatory, unlawful, threatening, or harassing;
• be obscene (pornography, paedophilia), harm public order and public decency;
• entail attacks or insinuations based on races, beliefs, or the lack thereof, ethnic origin, sex, or sexual preference;
• relay an unsolicited or non-permitted message of a promotional nature;
• harm the rights of third parties, such as intellectual property rights, the right to privacy, and personal data. If you place content on moveUP protected by intellectual property rights (picture, text, drawing, etc.), you undertake to check in advance whether the holder of these rights accepts this. Moreover, if the content published online on moveUP is a picture of an identified or identifiable person, you undertake to check in advance whether this person has given permission, even if you are the creator of the aforementioned picture.
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8. Article 8. – Our liability

     8.1 Generalities

moveUP and its services are provided in an unaltered state and without any explicit or tacit guarantee concerning the conditions of their use and/or availability.

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You have been informed that moveUP and our services are in line with applicable Belgian legislation. We will not be liable in relation to regulations of the country, not including Belgium, where moveUP and its services are provided, unless mandatory legal provisions determine otherwise. 

In case of a failure to provide a Service or a poor provision of a Service, our liability can not be invoked if the failure or poor provision of a Service is due to you or due to the unforeseen and irresolvable actions of a third party not related to the Services, or, ultimately, in case of force majeure.

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     8.2 Quality of the instructions and the content we provide

We will deploy all available resources in order to offer you quality content.

You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data in connection therewith.

Our Services are provided “as is” and, to the extent permitted by applicable law, we and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of our Services shall be at your sole risk. We shall not have any obligation to furnish any maintenance and/or support services with respect to moveUp. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of moveUP.

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We do not warrant that our Services will be operational, error-free, secure or safe or that our Services will function without disruptions, delays, or imperfections. We do not warrant that defects will be corrected or that moveUP is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of moveUP. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by moveUP.

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We do not control, and we are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties.

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     8.3 Limitation of our liability in relation to content provided by professional healthcare partners to the patients

In the context of our services, we store information provided by you and make this information available. We cannot be held liable – both for civil-law purposes and criminal-law purposes – for the content sent to you or by you or distributed through moveUP in this manner.

You specifically acknowledge and agree that we cannot be held liable for any healthcare or related decisions/advice or treatments made available to you or by you, any healthcare partner or physician upon the moveUP services. You acknowledge and agree that you, and not we, are solely responsible for the interpretation of your data or other healthcare information related to your use of the Service.

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     8.4 Security/access

We make reasonable efforts to ensure the security and operational integrity of moveUP by applying security measures tailored to the nature of the data and the risks related to our activities. However, various factors beyond our control can have an impact on the performance of moveUP.

We strive, insofar as possible, to keep our services available 7 days per week, 24 hours per day.

We reserve the option of fully or partially interrupting, suspending, or amending (without notice or compensation) the access to the Services of moveUP in order to maintain or update them, or for any other reason, specifically technical reasons, without these interventions leading to any obligation or compensation.

For this reason, unless compelling statutory or regulatory provisions determine otherwise:

• our liability cannot be invoked in case of an interruption in the access to moveUP and its consequences;
• we cannot be held liable for any damage (direct or indirect) or for a temporary or permanent incident allegedly caused to your data or the IT materials when accessing moveUP;
• we are not liable for the fraudulent use of our communication methods and reject any responsibility in case of intrusion in our IT system and theft of data, with the provison that we take all necessary measures to prevent such unlawful intrusion.

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     8.5 Updates

Despite the efforts taken to ensure the accuracy of the information and/or documents on moveUP, and subject to mandatory statutory provisions to the contrary, we reject any liability of any nature in case of inaccuracies in or lack of updates to information and/or a document present on moveUP.

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     8.6 Damage

To the extent legally permitted under applicable law, we shall not be liable to you or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the moveUP Services under these terms of use, including but not limited to any miscalculations, or the use, misuse, or inability to use the moveUP Services or other documentation provided, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if we have been notified of the likelihood of such damages.

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You agree that we can only be held liable to the extent damages suffered by you are directly attributable to us. For the avoidance of doubt, we shall not be liable for any claims resulting from (i) your unauthorized use of the moveUP Services, (ii) your or any third party's modification of (any parts) of the moveUP Services, (iii) your failure to use the most recent version of the moveUP Services made available to you or your failure to integrate or install any corrections to the moveUP Services issued by us, or (iv) your use of the moveUP Services in combination with any non-moveUP products or services. The exclusions and limitations of liability under this article shall operate to the benefit of our affiliates and subcontractors under these terms of use to the same extent such provisions operate to our benefit.

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Our aggregate liability relating to, arising out of the use, inability to use, or the results of use of the Services, or in any way in connection with our terms of use, us, or our Services will not exceed the amount of the subscription paid for your use of our Services in any situation, with exclusion of the costs of delivery and VAT.

The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some States or jurisdiction may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in these terms of use, in such cases, our liability will be limited to the fullest extent permitted by applicable law.

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Notwithstanding any limitation of liability established by these Terms, we are only liable to the following extent: we are liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Directive.

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In the event that misuse of the platform or breach of legal or contractual obligations by a healthcare professional results in harm to moveUP, including reputational or financial damage, moveUP reserves the right to seek compensation for all direct and consequential damages incurred.

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    8.7 Medical facility and insurance

We are a Class I medical device under MDD 93/42/EEC, and CE certified.

We have taken out a civil liability after delivery insurance from Axa Belgium. This insurance will provide compensation to persons suffering physical damage caused by moveUP, provided that (i) a shortcoming attributable to us, (ii) damage suffered by you, and (iii) a causal relationship between our shortcoming and your damage are demonstrated.

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9. Article 9. – Distribution/revocation/amendments to the contents

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Within the applicable statutory limits, we may be required to distribute any content or data of moveUP, or to comply with applicable laws, or, if we – in good faith – believe that such a measure is required to protect our rights or interests, those of our users, or those of the general public, specifically in the context of judicial proceedings, to respect the general terms of use, to respond to complaints and/or claims invoking the violation of the rights of third parties.

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10. Article 10. – Links to other services

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moveUP can link to other services (websites, applications, and the like) over which we cannot exert any technical or substantive control. The existence of a textual link to another service does not constitute our validation of this service or its content.

For this reason, we cannot offer guarantees concerning the limitative or correct nature of the contents of these services of third parties, including with respect to their availability.

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We reject any liability for the direct or indirect damage arising from consulting or using these online services referred to by moveUP or for the information published on these services. We also reject any responsibility in relation to the handling of the personal data on these services.

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We invite you to study the general terms and conditions and the privacy policy of these third-party Internet services.

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11. Article 11. – Intellectual property

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     11.1 Our intellectual property

The moveUP Services made available by us are our exclusive property. All rights in and to the moveUP Services not expressly granted to you in these terms of use are reserved to us. You acknowledge that (i) all intellectual property rights in and to moveUP belong to us or our licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, moveUP or its content other than the right to use moveUP in accordance with these these terms of use.

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We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with these general terms of use. This license is for the sole purpose of enabling you to use our Services in the manner permitted by these general terms of use. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

moveUP (considered as an inextricable whole) and the various elements added by us on moveUP (such as the texts, pictures, catalogues, updates, brands, logos, illustrations, specific software, and videos) are protected by the intellectual property rights of moveUP or its licensors. Where relevant, these have been the subject of permission for publication, distribution, or a right of use acquired by these licensors.

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The logo, the name of the products, the services, or the name of the companies listed on moveUP are suitable as representation of the brands, commercial names, and company names of the respective owners. You explicitly undertake to respect the intellectual property rights mentioned here above.

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Without prejudice to the exceptions arranged by law and without the prior written approval of us, you will not, temporarily or permanently, amend, copy, distribute, publish, provide, sell, reproduce, have another party reproduce, in any manner, publicly or in secret, using any method, all or a part of this information, the software, the product, or service provided by us, without this list being exhaustive. The failure to respect this clause leads to a violation based on which civil and criminal liability of the infringing party can be invoked.

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     11.2 Intellectual property of your content

With respect to the content protected by the intellectual property rights that you upload, submit, store, send, or receive on or through our Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, amend, translate, distribute, modify, display and communicate this content, exclusively for administrative purposes of moveUP, to operate and provide our Services and for the performance of the Contract. This authorisation will apply during the entire statutory period of the intellectual property rights concerned, including after the termination of the Contract.

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If you provide us with any comments, bug reports, feedback, enhancements, or modifications proposed or suggested by you for the App (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary that you may include in any accompanying communication), and we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into moveUP or any other hardware, software or services. You hereby grant us a perpetual, irrevocable, transferable, licensable, sub-licensable, non-exclusive license without license fees under all rights necessary to so incorporate and use your Feedback for any purpose, including to make and sell products and services. Feedback shall not be considered confidential information and may be used for any purpose by us. There shall be no obligation to provide compensation to you for use of Feedback.

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12. Article 12. – Data collection and processing personal data

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With respect to the processing of your personal data conducted by us, we refer you to the privacy statement and the information on the processing of personal data. You must agree and consent to our privacy statement before using moveUP Services. 

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Your personal data is collected in order to provide you with the moveUP Services, feedback, customer care, marketing, non-commercial communications, for research activities, to manage and improve our moveUP services and for legal obligations.

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13. Article 13. – Duration and realisation of the general terms of use and the use of the services

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     13.1 Duration of the subscription

These general terms of use take effect on the day you are granted access to the moveUP platform and end on the day on which your moveUP account is closed. 

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     13.2 Your right to stop using the services 

You have the right to request the closing of your moveUP account by sending a letter by registered mail with confirmation of receipt to us at the address in the “General” section. 

Without prejudice to any compensation we could claim, we reserve the right to terminate your moveUP account in case of improper use by you, specifically:

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• the failure to respect our intellectual property rights or those of our licensors;
• voluntary provision of incorrect information;
• actions in violation of our commercial interests and/or the technical security of moveUP; 
• violation of laws, third-parties rights or breach of these terms of use.

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Our decision to close your moveUP account will take immediate effect. We may at our discretion, grant you a remedy period to remedy any improper use by you that we detected. In this case, the mere fact of not remedying the improper use within the remedy period will immediately cause the closing of your moveUP account without prejudice to any compensation we may claim.  

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We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.

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     13.3 The termination of your account

Upon the termination of these terms of use for any reason whatsoever in accordance with the provisions of these terms of use, at the moment of effective termination, you will no longer be authorized to access or use the moveUP platform. 

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All rights and obligations of us and you under these terms of use shall terminate, except those rights and obligations under this article, article 7, 8, 11, 14.8 en 14.9. 

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Once your account has been closed, we will retain your data and content of your account and provide you with these at your request in accordance with the privacy statement and the information and permission statement for the processing of personal data. We may delete data associated with your account, including but not limited to user content.

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14. Article 14. – Final provisions

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     14.1 Amendments to these general terms of use

We can amend these general terms of use at any time based on changes made to moveUP, changes to legislation, or for any other reasonable cause.

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Except for those amendments that are purely superficial, we will inform you about the amendments made to these general terms of use, where relevant, as well as of the date on which these amendments will take effect.

If you disagree with these amendments, you will have 15 days from the moment of the provision of this information to terminate your subscription and these general terms of use in accordance with the “Duration and termination of the subscription” section of this document. If you do not terminate your subscription within this period, you will be deemed to have accepted the aforementioned amendments.

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If we must make amendments due to changes to legislation, we will strive to introduce these amendments as soon as possible. During this period, you acknowledge that we cannot be held liable for temporary shortcomings in compliance.

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The revised version of these general terms of use will always be available on moveUP. We advise you to regularly review the terms of use so that you remain aware of the most recent terms of use that you are bound to respect.

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     14.2 Conclusive force

We can exchange the necessary information with you on moveUP by electronic means. All electronic communication between you and us will be deemed to have the same conclusive force as a paper document. We may assume that you are using moveUP yourself based on the use of your login credentials.

A printed version of these general terms of use and any warning provided in an electronic format will be accepted in each judicial or administrative procedure associated with this contractual relationship, with the same title and subject to the same conditions as other documents and a commercial registry created and kept in a printed format.

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     14.3 Severability

If a clause of these general terms of use must be declared fully or partially invalid, void, illegitimate, or non-applicable based on applicable law, this situation will not affect the validity of the remaining clauses, subject to the assumption of the nullity of an essential clause or the interrelatedness of the contractual provisions. The invalid, void, illegitimate, or non-applicable clause will be replaced – with retroactive effect – by a valid and applicable clause which content matches the original clause as closely as possible. This replacement of the cancelled clause will respect the amendment conditions of these general terms of use as set out in the “Amendments to these general terms of use” section.

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     14.4 Force majeure

Notwithstanding any provision stipulating otherwise, no contractual party will be held liable for delays in the fulfilment or non-fulfilment of its obligations arising from force majeure events (including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to our information technology systems by third parties or any other cause beyond our reasonable control). 

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     14.5 Notice

All forms of communication or notice sent to you will be valid if addressed to the email address provided by you, even if this address is no longer valid.

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     14.6 Waiver

Any failure to enforce any provision of these terms of use shall not constitute a waiver thereof or of any other provision.

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     14.7 Assignment 

You may not assign or transfer these terms of use or any rights or obligations to any third party.
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     14.8 Objection and extrajudicial dispute settlement

You can contact us about any objection related to moveUP or these general terms of use at the address listed in the “Generalities” section of this document.

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In case of a dispute related to moveUP or these general terms of use, please contact us before taking any other steps to enable us to come to an amicable solution insofar as possible.

Assuming that no amicable solution can be found without invoking a third party, you can contact the ombuds department for consumers, which contact details can be found on the website of the Federal Public Economy

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Department, at https://economie.fgov.be/nl/themas/online/belmed-onlinebemiddeling/alternatieve/vormen-van-geschillenregeling/ombudsman/belmedpartners/consumentenombudsdienst 

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You can also contact a European online dispute regulation platform at the following link http://ec.europa.eu/consumers/odr.

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The inclusion of this link does not mean that we acknowledge the competence of this platform. 
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     14.9 Applicable law and competent courts

These general terms of use are governed and must be interpreted in accordance with the laws of Belgium with exclusion of their conflict of laws principles.

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Any dispute arising out or in connection with the Services or these genera terms of use is subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

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Where relevant, this choice for the applicability of the laws of Belgium and the jurisdiction of the courts of Belgium will apply without prejudice to the applicability of any legal provisions of the Member State of the European Union in which you reside if these offer a greater level of protection to you than the Belgian provisions, or to the jurisdiction of another court designated by the applicable laws of the European Union.

Preamble

These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service make up the entirety of the contractual framework applicable to each service provided through moveUP for your benefit (“hereinafter the “Contract”). This Contract cancels and replaces any other preceding forms of communication.

It is important to read, understand, and accept the entirety of the content of this Contract, as each service provided through moveUP for your benefit is governed by this contractual framework and, specifically, these general terms of use. 

By using the moveUP services, you also accept the terms of use. If you disagree with the content of this Contract, you should not make use of moveUP.

This preamble is an integral part of the general terms of use of the moveUP platform. 

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1. Article 1 - Generalities

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      1.1 Who is governed by these general terms of use?

These general terms of use apply to each natural person using the moveUP Platform, or, generally, the service provided by moveUP NV/SA (hereinafter: “we”). This person is designated “you” in this document (refer to the provisions below).

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      1.2 Who are we, and how can you contact us?

The moveUP platform you are using is a service provided by the information company governed by these general terms of use, called moveUP NV/SA (hereinafter: “we”).

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Our precise coordinates:

Corporate form: public limited company/societé anonyme 

Website: www.moveUP.care 

Email address: info@moveUP.care 

Telephone: +32 80 088 008

Registered offices: Kantersteen 47, 1000 Brussels

CBE/VAT no.: VAT BE 0643.795.235

You can contact us at the aforementioned mailing address.

You can also use the following email address for any questions related to these general terms of use: info@moveUP.care.

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2. Article 2. – Definitions

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The following words are defined as follows in these general terms of use:

• “General terms of use”: these general terms governing the use of moveUP.
• “The moveUP platform” or “moveUP”: the platform, and, generally, the service provided by the information company used to present our services.
• “We”: the legal entity offering its services on moveUP, which personal data are defined in the “Generalities” section of this document, referred to as “we”, “our”, and the like in these general terms of use.
• “Privacy statement”: the document that describes the processing of the data, as available at www.moveup.care/privacy
• “Professional health partner”: the healthcare professional connected to the patient through moveUP.
• “Contract parties”: the parties that undertake to respect these general terms of use, primarily you and us.
• “Service(s)”: the entirety of the services we provide through and using moveUP in the context of our professional activities or to pursue our statutory object as set out in the “Description of our services” section of this document.
• “User(s)”: each person, not including you, with access to and using moveUP.
• “You”: the person with access to and using moveUP, designated in these general terms of use as “you”, “your”, and the like. You are a Professional health partner.
• “Confidential code”: The code you have received from us and that you transmit to the patients to enable them to create a moveUP account. 

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3. Article 3. – Subject matter and acceptance of these general terms of use

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The use of moveUP is governed by these general terms of use. These terms of use constitute a legally binding agreement between us and you and apply to your use of the moveUP platform.

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These general terms of use of moveUP, the privacy charter, and, where relevant, the special contractual conditions for each service constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between you and us relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these terms of use shall affect, or be used to interpret, change or restrict, the express terms and provisions of these terms of use.

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You undertake to respect these during any use of moveUP and our services. If you register for the online services, you acknowledge to have studied these general terms of use and to accept them by (i) using moveUP, and (ii) by checking the corresponding field when ordering your subscription, in accordance with the “Subscription for our services” section of this document.

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4. Article 4. – Description of our services

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We are a medical device company developing technology and software to enhance, personalize and predict revalidation after surgery.

We proposes the following to you, among other things:

• The access to the moveUP platform;
• The creation of your moveUP subscription and the access to your data set out therein;
• The definition of personalised recovery programme after a knee or hip surgery with proposed exercises tailored to each patient’s situation using videos, personalised follow-up, figures, and a graph of the patient’s progress, as well as, where relevant, the ability to connect to our professional healthcare partners;
• The access to the videos of the personalised exercises for the patient’s recovery;
• The access to the patient’s progress data;
• The ability to connect to the patients and, where relevant, discussions with them concerning an adjustment or improvement to their recovery programme.

You understand that we can change or adapt the content of the Services at any time, specifically to take into account changes to technologies and/or applicable legislation. We will do our utmost to inform you about any important improvement or change to our Services.

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5. Article 5. – Your general commitments

You confirm that you are of legal age in your country and are not forbidden by an employment or other contract to form a binding contract and hereby agree to be bound by these general terms of use. 

You undertake to provide information in accordance with these general terms of use that is accurate, precise, and up to date. You undertake to use moveUP in accordance with the instructions that will be provided by moveUP. 

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‍6. Article 6. – Access to the moveUP platform

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Once your moveUP account has been created, you will have access to our Services through the moveUP platform.

In order to use moveUP, you must have a compatible device. moveUP is not compatible with all devices and it is your responsibility to use a compatible device with moveUP. Any compatible device with moveUP and on which you use moveUP will be known as a “Device” for the purposes of these terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use moveUP on such Device. You accept responsibility for any use of moveUP on or in relation to such Device, whether or not such Device is owned by you, or such use was made by you.

From time to time, updates to moveUP may be made available. Depending on the update, you may not be able to use moveUP until you have installed the latest version or updated your Device. 

You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of the Services.

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7. Article 7. – Your obligations when using moveUP
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     7.1 The security of your moveUP account

Access to your account is subject to identification using your login credentials and password.

You will solely remain responsible for the information stored on your account. You can add, amend, or remove information at any time.

You acknowledge that your login credentials and password are strictly personal and confidential. You are required to take all necessary steps to secure your login credentials and password against any form of attack. We cannot be considered responsible for any fraudulent access to your account or any changes made to this account, except in case of gross negligence attributable to us.

     7.2 The use of moveUP

You agree to use the moveUP Services only for their intended use as set forth in these Terms of Use.

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the moveUP Services or additional provided documentation or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the moveUP Services.

By using moveUP, you guarantee and ensure that you are responsible for any use of moveUP by yourself or by any person using your login credentials and password or working under your authority, and that you will be responsible in case of a failure attributable to you, even if this is due to carelessness.

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You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

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     7.3 Ban on the illegal or unlawful use of moveUP

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.

You guarantee that you will not use moveUP for illegal purposes or for purposes banned by law, these general terms of use or a separate contract which would prohibit your from using moveUP.  You guarantee that you will comply with the GDPR or any other applicable data protection regulations that are recognized as providing an adequate level of protection under the GDPR framework or similar regulations when processing and handling patient data on the moveUP platform.

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     7.4 Observing the moveUP instructions

You undertake to closely observe the instruction that will be provided by moveUP and to complete the questionnaires submitted to you with accurate and complete information.

You understand that any use of moveUP not in line with the instructions, as well as any provision of false, incomplete, or incorrect information will affect the performance of moveUP and may lead to the provision of Services not tailored to your needs. You understand that we can never be responsible in this case.

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     7.5 The content you publish on moveUP

     7.5.1 The publication of your content

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You will contribute to the performance of moveUP if you publish information, content, comments, or remarks on moveUP.

In order to ensure that this performance is suitable and make moveUP effective, you undertake to respect the entirety of these general terms of use and applicable statutory and regulatory provisions.

The information you provide, program, amend, and check is your complete responsibility, and, where relevant, will be subject to your individual and exclusive responsibility.

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     7.5.2 Ban on certain content

The content you provide on moveUP may not (this list is not exhaustive):

• be false;
• be defamatory, unlawful, threatening, or harassing;
• be obscene (pornography, paedophilia), harm public order and public decency;
• entail attacks or insinuations based on races, beliefs, or the lack thereof, ethnic origin, sex, or sexual preference;
• relay an unsolicited or non-permitted message of a promotional nature;
• harm the rights of third parties, such as intellectual property rights, the right to privacy, and personal data. If you place content on moveUP protected by intellectual property rights (picture, text, drawing, etc.), you undertake to check in advance whether the holder of these rights accepts this. Moreover, if the content published online on moveUP is a picture of an identified or identifiable person, you undertake to check in advance whether this person has given permission, even if you are the creator of the aforementioned picture.
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8. Article 8. – Our liability

     8.1 Generalities

moveUP and its services are provided in an unaltered state and without any explicit or tacit guarantee concerning the conditions of their use and/or availability.

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You have been informed that moveUP and our services are in line with applicable Belgian legislation. We will not be liable in relation to regulations of the country, not including Belgium, where moveUP and its services are provided, unless mandatory legal provisions determine otherwise. 

In case of a failure to provide a Service or a poor provision of a Service, our liability can not be invoked if the failure or poor provision of a Service is due to you or due to the unforeseen and irresolvable actions of a third party not related to the Services, or, ultimately, in case of force majeure.

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     8.2 Quality of the instructions and the content we provide

We will deploy all available resources in order to offer you quality content.

You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data in connection therewith.

Our Services are provided “as is” and, to the extent permitted by applicable law, we and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of our Services shall be at your sole risk. We shall not have any obligation to furnish any maintenance and/or support services with respect to moveUp. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of moveUP.

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We do not warrant that our Services will be operational, error-free, secure or safe or that our Services will function without disruptions, delays, or imperfections. We do not warrant that defects will be corrected or that moveUP is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of moveUP. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by moveUP.

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We do not control, and we are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties.

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     8.3 Limitation of our liability in relation to content provided by professional healthcare partners to the patients

In the context of our services, we store information provided by you and make this information available. We cannot be held liable – both for civil-law purposes and criminal-law purposes – for the content sent to you or by you or distributed through moveUP in this manner.

You specifically acknowledge and agree that we cannot be held liable for any healthcare or related decisions/advice or treatments made available to you or by you, any healthcare partner or physician upon the moveUP services. You acknowledge and agree that you, and not we, are solely responsible for the interpretation of your data or other healthcare information related to your use of the Service.

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     8.4 Security/access

We make reasonable efforts to ensure the security and operational integrity of moveUP by applying security measures tailored to the nature of the data and the risks related to our activities. However, various factors beyond our control can have an impact on the performance of moveUP.

We strive, insofar as possible, to keep our services available 7 days per week, 24 hours per day.

We reserve the option of fully or partially interrupting, suspending, or amending (without notice or compensation) the access to the Services of moveUP in order to maintain or update them, or for any other reason, specifically technical reasons, without these interventions leading to any obligation or compensation.

For this reason, unless compelling statutory or regulatory provisions determine otherwise:

• our liability cannot be invoked in case of an interruption in the access to moveUP and its consequences;
• we cannot be held liable for any damage (direct or indirect) or for a temporary or permanent incident allegedly caused to your data or the IT materials when accessing moveUP;
• we are not liable for the fraudulent use of our communication methods and reject any responsibility in case of intrusion in our IT system and theft of data, with the provison that we take all necessary measures to prevent such unlawful intrusion.

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     8.5 Updates

Despite the efforts taken to ensure the accuracy of the information and/or documents on moveUP, and subject to mandatory statutory provisions to the contrary, we reject any liability of any nature in case of inaccuracies in or lack of updates to information and/or a document present on moveUP.

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     8.6 Damage

To the extent legally permitted under applicable law, we shall not be liable to you or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the moveUP Services under these terms of use, including but not limited to any miscalculations, or the use, misuse, or inability to use the moveUP Services or other documentation provided, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if we have been notified of the likelihood of such damages.

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You agree that we can only be held liable to the extent damages suffered by you are directly attributable to us. For the avoidance of doubt, we shall not be liable for any claims resulting from (i) your unauthorized use of the moveUP Services, (ii) your or any third party's modification of (any parts) of the moveUP Services, (iii) your failure to use the most recent version of the moveUP Services made available to you or your failure to integrate or install any corrections to the moveUP Services issued by us, or (iv) your use of the moveUP Services in combination with any non-moveUP products or services. The exclusions and limitations of liability under this article shall operate to the benefit of our affiliates and subcontractors under these terms of use to the same extent such provisions operate to our benefit.

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Our aggregate liability relating to, arising out of the use, inability to use, or the results of use of the Services, or in any way in connection with our terms of use, us, or our Services will not exceed the amount of the subscription paid for your use of our Services in any situation, with exclusion of the costs of delivery and VAT.

The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some States or jurisdiction may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in these terms of use, in such cases, our liability will be limited to the fullest extent permitted by applicable law.

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Notwithstanding any limitation of liability established by these Terms, we are only liable to the following extent: we are liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Directive.

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In the event that misuse of the platform or breach of legal or contractual obligations by a healthcare professional results in harm to moveUP, including reputational or financial damage, moveUP reserves the right to seek compensation for all direct and consequential damages incurred.

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    8.7 Medical facility and insurance

We are a Class I medical device under MDD 93/42/EEC, and CE certified.

We have taken out a civil liability after delivery insurance from Axa Belgium. This insurance will provide compensation to persons suffering physical damage caused by moveUP, provided that (i) a shortcoming attributable to us, (ii) damage suffered by you, and (iii) a causal relationship between our shortcoming and your damage are demonstrated.

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9. Article 9. – Distribution/revocation/amendments to the contents

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Within the applicable statutory limits, we may be required to distribute any content or data of moveUP, or to comply with applicable laws, or, if we – in good faith – believe that such a measure is required to protect our rights or interests, those of our users, or those of the general public, specifically in the context of judicial proceedings, to respect the general terms of use, to respond to complaints and/or claims invoking the violation of the rights of third parties.

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10. Article 10. – Links to other services

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moveUP can link to other services (websites, applications, and the like) over which we cannot exert any technical or substantive control. The existence of a textual link to another service does not constitute our validation of this service or its content.

For this reason, we cannot offer guarantees concerning the limitative or correct nature of the contents of these services of third parties, including with respect to their availability.

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We reject any liability for the direct or indirect damage arising from consulting or using these online services referred to by moveUP or for the information published on these services. We also reject any responsibility in relation to the handling of the personal data on these services.

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We invite you to study the general terms and conditions and the privacy policy of these third-party Internet services.

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11. Article 11. – Intellectual property

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     11.1 Our intellectual property

The moveUP Services made available by us are our exclusive property. All rights in and to the moveUP Services not expressly granted to you in these terms of use are reserved to us. You acknowledge that (i) all intellectual property rights in and to moveUP belong to us or our licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, moveUP or its content other than the right to use moveUP in accordance with these these terms of use.

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We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with these general terms of use. This license is for the sole purpose of enabling you to use our Services in the manner permitted by these general terms of use. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

moveUP (considered as an inextricable whole) and the various elements added by us on moveUP (such as the texts, pictures, catalogues, updates, brands, logos, illustrations, specific software, and videos) are protected by the intellectual property rights of moveUP or its licensors. Where relevant, these have been the subject of permission for publication, distribution, or a right of use acquired by these licensors.

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The logo, the name of the products, the services, or the name of the companies listed on moveUP are suitable as representation of the brands, commercial names, and company names of the respective owners. You explicitly undertake to respect the intellectual property rights mentioned here above.

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Without prejudice to the exceptions arranged by law and without the prior written approval of us, you will not, temporarily or permanently, amend, copy, distribute, publish, provide, sell, reproduce, have another party reproduce, in any manner, publicly or in secret, using any method, all or a part of this information, the software, the product, or service provided by us, without this list being exhaustive. The failure to respect this clause leads to a violation based on which civil and criminal liability of the infringing party can be invoked.

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     11.2 Intellectual property of your content

With respect to the content protected by the intellectual property rights that you upload, submit, store, send, or receive on or through our Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, amend, translate, distribute, modify, display and communicate this content, exclusively for administrative purposes of moveUP, to operate and provide our Services and for the performance of the Contract. This authorisation will apply during the entire statutory period of the intellectual property rights concerned, including after the termination of the Contract.

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If you provide us with any comments, bug reports, feedback, enhancements, or modifications proposed or suggested by you for the App (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary that you may include in any accompanying communication), and we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into moveUP or any other hardware, software or services. You hereby grant us a perpetual, irrevocable, transferable, licensable, sub-licensable, non-exclusive license without license fees under all rights necessary to so incorporate and use your Feedback for any purpose, including to make and sell products and services. Feedback shall not be considered confidential information and may be used for any purpose by us. There shall be no obligation to provide compensation to you for use of Feedback.

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12. Article 12. – Data collection and processing personal data

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With respect to the processing of your personal data conducted by us, we refer you to the privacy statement and the information on the processing of personal data. You must agree and consent to our privacy statement before using moveUP Services. 

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Your personal data is collected in order to provide you with the moveUP Services, feedback, customer care, marketing, non-commercial communications, for research activities, to manage and improve our moveUP services and for legal obligations.

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13. Article 13. – Duration and realisation of the general terms of use and the use of the services

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     13.1 Duration of the subscription

These general terms of use take effect on the day you are granted access to the moveUP platform and end on the day on which your moveUP account is closed. 

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     13.2 Your right to stop using the services 

You have the right to request the closing of your moveUP account by sending a letter by registered mail with confirmation of receipt to us at the address in the “General” section. 

Without prejudice to any compensation we could claim, we reserve the right to terminate your moveUP account in case of improper use by you, specifically:

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• the failure to respect our intellectual property rights or those of our licensors;
• voluntary provision of incorrect information;
• actions in violation of our commercial interests and/or the technical security of moveUP; 
• violation of laws, third-parties rights or breach of these terms of use.

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Our decision to close your moveUP account will take immediate effect. We may at our discretion, grant you a remedy period to remedy any improper use by you that we detected. In this case, the mere fact of not remedying the improper use within the remedy period will immediately cause the closing of your moveUP account without prejudice to any compensation we may claim.  

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We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.

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     13.3 The termination of your account

Upon the termination of these terms of use for any reason whatsoever in accordance with the provisions of these terms of use, at the moment of effective termination, you will no longer be authorized to access or use the moveUP platform. 

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All rights and obligations of us and you under these terms of use shall terminate, except those rights and obligations under this article, article 7, 8, 11, 14.8 en 14.9. 

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Once your account has been closed, we will retain your data and content of your account and provide you with these at your request in accordance with the privacy statement and the information and permission statement for the processing of personal data. We may delete data associated with your account, including but not limited to user content.

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14. Article 14. – Final provisions

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     14.1 Amendments to these general terms of use

We can amend these general terms of use at any time based on changes made to moveUP, changes to legislation, or for any other reasonable cause.

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Except for those amendments that are purely superficial, we will inform you about the amendments made to these general terms of use, where relevant, as well as of the date on which these amendments will take effect.

If you disagree with these amendments, you will have 15 days from the moment of the provision of this information to terminate your subscription and these general terms of use in accordance with the “Duration and termination of the subscription” section of this document. If you do not terminate your subscription within this period, you will be deemed to have accepted the aforementioned amendments.

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If we must make amendments due to changes to legislation, we will strive to introduce these amendments as soon as possible. During this period, you acknowledge that we cannot be held liable for temporary shortcomings in compliance.

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The revised version of these general terms of use will always be available on moveUP. We advise you to regularly review the terms of use so that you remain aware of the most recent terms of use that you are bound to respect.

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     14.2 Conclusive force

We can exchange the necessary information with you on moveUP by electronic means. All electronic communication between you and us will be deemed to have the same conclusive force as a paper document. We may assume that you are using moveUP yourself based on the use of your login credentials.

A printed version of these general terms of use and any warning provided in an electronic format will be accepted in each judicial or administrative procedure associated with this contractual relationship, with the same title and subject to the same conditions as other documents and a commercial registry created and kept in a printed format.

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     14.3 Severability

If a clause of these general terms of use must be declared fully or partially invalid, void, illegitimate, or non-applicable based on applicable law, this situation will not affect the validity of the remaining clauses, subject to the assumption of the nullity of an essential clause or the interrelatedness of the contractual provisions. The invalid, void, illegitimate, or non-applicable clause will be replaced – with retroactive effect – by a valid and applicable clause which content matches the original clause as closely as possible. This replacement of the cancelled clause will respect the amendment conditions of these general terms of use as set out in the “Amendments to these general terms of use” section.

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     14.4 Force majeure

Notwithstanding any provision stipulating otherwise, no contractual party will be held liable for delays in the fulfilment or non-fulfilment of its obligations arising from force majeure events (including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to our information technology systems by third parties or any other cause beyond our reasonable control). 

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     14.5 Notice

All forms of communication or notice sent to you will be valid if addressed to the email address provided by you, even if this address is no longer valid.

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     14.6 Waiver

Any failure to enforce any provision of these terms of use shall not constitute a waiver thereof or of any other provision.

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     14.7 Assignment 

You may not assign or transfer these terms of use or any rights or obligations to any third party.
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     14.8 Objection and extrajudicial dispute settlement

You can contact us about any objection related to moveUP or these general terms of use at the address listed in the “Generalities” section of this document.

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In case of a dispute related to moveUP or these general terms of use, please contact us before taking any other steps to enable us to come to an amicable solution insofar as possible.

Assuming that no amicable solution can be found without invoking a third party, you can contact the ombuds department for consumers, which contact details can be found on the website of the Federal Public Economy

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Department, at https://economie.fgov.be/nl/themas/online/belmed-onlinebemiddeling/alternatieve/vormen-van-geschillenregeling/ombudsman/belmedpartners/consumentenombudsdienst 

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You can also contact a European online dispute regulation platform at the following link http://ec.europa.eu/consumers/odr.

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The inclusion of this link does not mean that we acknowledge the competence of this platform. 
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     14.9 Applicable law and competent courts

These general terms of use are governed and must be interpreted in accordance with the laws of Belgium with exclusion of their conflict of laws principles.

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Any dispute arising out or in connection with the Services or these genera terms of use is subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

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Where relevant, this choice for the applicability of the laws of Belgium and the jurisdiction of the courts of Belgium will apply without prejudice to the applicability of any legal provisions of the Member State of the European Union in which you reside if these offer a greater level of protection to you than the Belgian provisions, or to the jurisdiction of another court designated by the applicable laws of the European Union.