TERMS AND CONDITIONS
ARTICLE 1. OWNERSHIP AND APPLICABILITY
1.1 CleverKids (hereinafter: Website) as well as all possible sub-domains of this Website are managed by - and are the property of - Eureka Expert CV, whose registered office is at 3000 Leuven, Diestsesteenweg 722, registered in the Crossroads Bank of Enterprises under number 0458.390.722 ("Eureka Expert CV").
1.2 The use of the Website implies that "the user" (including the mere visitor) fully and irrevocably accepts the conditions and guidelines contained in the General Terms and Conditions of Use, even after amendments or additions.
1.3 Eureka Expert CV reserves the right to modify these General Terms and Conditions of Use at any time, and without prior notice, in order to comply with legal obligations or to improve the service.
Any amended version of these General Terms and Conditions of Use will apply from the first date of publication on the Website. Consult this page regularly.
1.4 Eureka Expert CV reserves at all times the right to deny any user access to the Website, in whole or in part, including in the case of obvious or suspected breach of these provisions.
1.5 Eureka Expert CV knows that it is a challenge to protect students in their contemporary use of the Internet. Eureka Expert CV commits itself to create the safest possible internet environment for minors with due regard of a healthy dose of caution in the design of the content of the Website and the necessary respect in the processing of data from these minors.
ARTICLE 2. OBJECT
2.1 The Website constitutes a so-called learning platform. At present the different target groups that can use the learning platform are: underage pupils, parents (or authorised adults), speech therapists, teachers and other educational staff.
2.2 Eureka Expert CV can refuse your registration as a user at any time without any justification. Especially in case of suspicion of incorrect and/or incomplete data given by you during the login. Furthermore, this right of refusal applies among others when the use of automated systems is suspected, including so-called bots.
2.3 Eureka Expert CV also reserves the right to deny registered users access to the Website at all times and, if applicable, permanently delete accounts in case the user in question uses the Website in such a way that this use can reasonably be considered unacceptable.
An "unacceptable use" of the Website concerns in particular, but is not limited to, the communication of messages, comments, data, etc. that:
are offensive, racist, hateful, extremist, insulting or pornographic;
run the risk of being considered as "defamatory" or libelous;
could be considered as any form of hacking or attempted hacking of the Website;
impersonating a school or educational institution as a private person;
in any way affect the rights of Eureka Expert CV, including - but not limited to - affecting its good reputation;
cause the same or a similar effect as the uploading of files or information, the use or exchange of possibly illegal files or information (for example music, films etc.), the sending of spam etc. via the Website;
have a commercial background in any way, for example, for the purposes of customer acquisition, advertising, marketing-related purposes, etc.
ARTICLE 3. REGISTRATION AND USE OF WEBSITE
3.2 Minor children can only use the Website if they are registered by a: a) parent, b) guardian/qualified adult or c) teacher/their school. Registration takes place once a username and password have been chosen.
By doing so, the parent, guardian/qualified adult and/or competent school, respectively, authorises the minor to make full use of the Website, and to grant the minor's account access to the Platform.
Minor children will be able to perform various activities on the Platform, including:
Making online exercises;
Visiting external websites;
3.3 If the registration of a child is carried out by the parent or guardian/authorised adult, the latter must also create a personal account on the Platform. This account can then be linked to the child profile. Furthermore, it is also possible to freely connect other adults such as teachers, speech therapists, etc. to the account of the minor.
In case of a dispute between several adults who are linked to the same account of the minor child, Eureka Expert alone shall have the power to temporarily or permanently disconnect adults from the relevant account of the minor child. Decisions made in this respect are final and unassailable.
3.4 If the registration of a child is done by a school/teacher, the latter must, like all other adults, first register him/herself on the Website before they can register a child.
When they register, they can create a school and then add other teachers and coaches to the school. This target group also includes recognised specialists from the education system such as a care coordinator, an ICT coordinator, etc.
Underage children registered by the school or educational institution are linked by the teacher and/or school manager to their respective teacher and/or class, after which the teacher can find the respective underage child in his/her account. Every teacher is free to compose his/her own groups based on the students in his/her account.
The teacher agrees that the parents (or a qualified adult) of the minor children registered by the school or educational institution are informed at the start of the use of the Website that their minor child is registered on the Website. It is possible to link the parent (or authorised adult) to the child account immediately upon creation of the minor child.
3.5 For further questions and/or comments concerning the completion, in a valid and correct manner, of the registration of a User on the Platform, please refer to the FAQ within CleverKids.
ARTICLE 4. CONTRACT TERMS
4.1 Contract terms for speech therapists and schools are mutually agreed upon with Eureka Expert CV.
4.2 Parent contract terms are based on personal subscription usage. After creating an initial child profile, a paid subscription is concluded with a free 15-day trial period. The price of the subscription depends on the number of child licenses purchased. For more information around the price, see the price calculation page. A parent can choose to cancel the subscription at any time via the subscription page in the Platform, without additional cost and without notice.
ARTICLE 5. INTELLECTUAL PROPERTY
5.1 All relevant property rights, including intellectual property rights (copyright, trademark rights, database rights, design rights, etc.) belong to Eureka Expert CV or are included on the Website with the consent of the owner of the relevant rights.
5.2 As a user of our Website, you agree not to store, reproduce, copy, modify, translate, publish, distribute, rent, sell, transfer to third parties or use in any way whatsoever elements of the Website without our prior written consent.
These elements concern in particular, but not exclusively:
Texts, names and descriptions;
Visual and sound elements;
Photographs and drawings;
Trade names and domain names.
5.3 You warrant, represent and agree that you will not provide User Content or make any other use of the Services in a manner that infringes, violates or misappropriates the intellectual property rights, publicity or privacy rights or other rights of any other person.
5.4 Should you infringe any right of intellectual property to which Eureka is entitled, an immediate liability of €1.000,00 per infringement towards Eureka Expert CV will be incurred, without prejudice to any additional claims that Eureka Expert CV may wish to have as a result of such action.
ARTICLE 6. PRIVACY
6.1 Considering the development of the privacy legislation, Eureka Expert reserves the right to change its Privacy Statement at any time. Consequently, Eureka Expert advises the User to regularly check the Website for any changes made to the Privacy Statement.
ARTICLE 7. LIABILITY
7.1 Eureka Expert CV takes care to provide the most correct information possible but can never guarantee the accuracy, completeness and suitability of the information on the Website and can therefore not be held liable. This applies both to information provided by Eureka Expert CV itself on the Website, promotional material, as well as information provided by users or others.
Information is understood to be all that is on the Website: including texts, exercises, games, pictures, sound, data, etc.
7.2 Eureka Expert is also not liable for any decision or action that would have been taken by the user based on the information provided towards users or others, nor for errors or mistakes made by the user.
7.3 Eureka Expert shall never be liable for damages of any kind which may be caused by inaccuracy, incompleteness, unsuitability, forgetfulness or negligence in the provision, compilation, writing and interpretation of the information on the Website.
7.4 Eureka Expert shall never be liable for the loss of data or documents entered into the Platform by the User.
7.5 Before gaining access to the Platform, Users may be required to install a certain software (Browser). This software meets all common norms and standards of safe and reliable software. Eureka Expert is therefore not liable for permanent or temporary damage or defects to data or computer equipment of the Users during or after the use of the Website. In particular, Eureka Expert is not liable for the possible transmission of viruses, trojans and the like through the Website.
7.6 Eureka Expert is not liable for links to websites operated by others or the damage caused within the framework of a visit to these websites. Eureka Expert CV cannot exercise any control over these websites nor be held liable for their content.
7.7 For the realization of the Website, Eureka Expert uses the most modern techniques as much as possible. Eureka Expert can however not be held liable for the (temporary) failure or any malfunction or maintenance work on - or of - the Website.
7.8 The user is at all times exclusively responsible for all messages, data, comments, information etc. that are entered during his/her active participation on the Website. The user is thus also exclusively responsible for all possible rights, including copyrights, trademark rights and the like, which may rest on the information she communicates on the Website.
This means that the user will be exclusively responsible for any claim by third parties or parties involved due to an infringement of their rights. The User will fully indemnify Eureka Expert from any claim by third parties for such (alleged) infringement of their rights by the information (image, text, sound, etc.) posted by the User on the Website.
7.9 In accordance with Article 1384 of the Civil Code (Belgium), parents must at all times be responsible for the actions (and any damage caused) of their children. This also applies to any use of the Website by a minor. In case of any kind of damage caused by the use, by a minor child, of the Website, Eureka Expert shall be entitled to sue the parents (or authorized adults) who agreed to the registration of the child in question.
ARTICLE 8. VARIOUS (INCL. DISPUTES AND COMPETENT COURT)
8.1 If any provision of these General Terms and Conditions is found to be unlawful, void or unenforceable, in whole or in part, under any applicable law, that provision shall no longer form part of these General Terms and Conditions.
The legality, validity and binding nature of the other provisions of these General Terms and Conditions shall not be affected.
8.2 These General Terms and Conditions are exclusively governed by and interpreted in accordance with Belgian law.
8.3 The competent courts and tribunals for hearing disputes relating to these Terms and Conditions of Use shall be the courts and tribunals of the district of Leuven, unless otherwise provided by mandatory legal provisions.
8.4 For additional questions and information you may also contact us at the aforementioned e-mail address: firstname.lastname@example.org.