The website http://www.caregiverspro-mmd.eu and its subdomains (hereinafter the “Website” or the "App"), is administered and exploited under the responsibility of MOBILESDYNAMICS SL (hereinafter “MDA”), having its registered offices at 08039 Barcelona (Spain), Plaça de Francesc Macià, registered at the Catalunia Tax Agency under tax ID number B65842239.
Any question or complaint related to the use of the Website or the functioning of the services proposed by MDA (hereinafter the “Services”) may be addressed to MDA:
by means of the contact form made available on the Website ;
by e-mail sent to the following e-mail address: email@example.com ;
by sending a letter to the following address : MOBILESDYNAMICS SL, AV J Tarradellas, 118, 08029 Barcelona (Spain) ;
1.2. General terms
These Terms may be consulted at all times on this URL: http://www.caregiverspro-mmd.eu/visitors/terms_of_use
MDA reserves the right to modify and update these Terms, the access to the Website and its content at all times and without prior notification. Such modifications are opposable to the Users and Members upon each visit to the Website. MDA recommends to consult them regularly.
1.3. Information on third-parties applications
The Website integrates third-parties applications (hereinafter the “Third-parties applications”), such as Facebook. These applications are subject to their own terms and conditions and privacy policies, which can be consulted on the respective websites of the concerned third-parties.
Third-parties applications are not controlled by MDA, who consequently bears no responsibility in this respect.
Article 2 – Content of the Website
2.1. General description
The Website http://www.caregiverspro-mmd.eu is a website providing information and news about person living with memory problem and the digital health related industry (e.g. press releases, research, policy news, events).
2.2 Access to the Website, its functionalities and conditions pertaining to them
Consultation of the Website
Simply visiting and consulting the Website is unrestricted and free.
However, access to certain functionalities described under article 3 is however only possible after prior registration as a “Member” by filling in and submitting the online form on the Website, under the condition that the company where the user currently works for is listed as a Corporate, Associate Member of MDA. The functionalities are free of charges. MDA reserves the right to stop offering a service free of charge and start offering it against payment. In such a case, Members will be warned by means of the Website, and by email, and will have the possibility to choose to continue or not to use the concerned service.
Services with reserved access
Subscription as a “Member” is free and provides access to the additional content of the Website (research papers, documents, presentations published by MDA, information about other members, possibility to submit content), information about their activities (events, news, documents, etc.).
The suitability of the appearance of a best practice, document or content on the Website are controlled by MDA. MDA reserves the right to reject, remove or modify any best practice, document or content at their sole discretion and without notice. In such a case, the Member will be informed via an email on the email address indicated in the subscription form. MDA aims at publishing the submitted content within 48 hours. However, MDA shall not bear any responsibility for any damage or loss of profit suffered by the Member as a consequence of a publication after this period.
Article 3 – Electronic agreement
3.1. Communication of essential information
Essential information related to the Service is communicated to the Member upon subscription to MDA Membership.
3.2. Electronic proof
In the event of litigation, the parties agree that any reproduction by MDA of data stored on its servers concerning the use of the Website, e.g. the Member’s password, will prevail between parties.
Article 4 – Member status
Subscription as Member is reserved to legal and natural persons aged 18 or more, enjoying full legal capacity. MDA Europe reserves the right to request at any time a proof of identity and legal capacity of a Member or an User who wishes to subscribe as a Member.
The Member who is a natural person may at any time request to cancel its registration as a Member. Its personal data and user account will then be deleted within due time.
4.2. Rights and obligations of the Member
The Member agrees to abide by all directions of conduct and requirements present on the Website as well as by any reasonable request or instruction given by MDA regarding the Website or the Service.
The Member must ensure that all the information given is correct and up-to-date.
The Member is responsible for the use of and the access to their account. In this regard, the Member must ensure that no other person has access to the Website with their password. In the event that the Member has knowledge of any person accessing the Website with their password, they must duly inform MDA thereof without delay by email on the following address: firstname.lastname@example.org
The Member are solely and entirely responsible for any activity taking place with use of their account and MDA cannot and may not be held liable for any loss or damage suffered by the Member due to the misappropriation of their password by others, even without the Member knowing.
4.3. Content put online by the Member
The Member can submit content for publication onto the Website (images, text, or other) (hereinafter the “Content”). MDA controls the suitability of the content submitted for publication on the Website on the sole basis of the information provided by the Member.
This summary control by MDA prior to publication does not prejudge or guarantee in any ways that all information and data on the Website is complete, accurate, adequate and trustworthy, or in accordance with the applicable law, or not violating any rights of third parties. MDA expressly waives all possible responsibility for the Content published on the Website by the Member. The Member recognizes that he remains solely responsible for the Content which is put online by him and all consequences from its communication. The Member represents and warrants that he disposes of all necessary authorizations for putting the Content online and for its communication. The Member agrees not to communicate, upload, display any Content which third parties may have rights on (including privacy rights or publicity rights, more specifically with regard to pictures), unless express, prior authorization from those third parties has been obtained.The Members hold MDA harmless from any action or complaint by any third parties (including public authorities) in relation to the Content. MDA may, at its sole discretion, control the Content after publication. It reserves the right to delete any Content in violation of the Terms or which it received a complaint for. MDA may exercise this right at any time, without notice and at its sole discretion. MDA reserves the right to cancel or suspend the status of a Member at any time when certain elements may lead to conclude that the applicable law, these Terms or rights of third parties are violated, or that the status of the Member concerned harm or may harm the interests of MDA or other Members.
Article 5 – Intellectual Property Rights
5.1. The Website and all its components (marks, logos, graphics, photographs, animations, videos, music, text, etc.) are the property of MDA or its partners. They are protected by intellectual property rights (more specifically copyrights and neighbouring rights, trademark rights, etc.) and may not be reproduced, used or communicated without prior and written authorization from MDA or from the rightsholder, otherwise such actions constitute a violation of copyrights and/or designs and/or trademarks, punishable with imprisonment and fines, without prejudice to civil damages.
5.2. MDA hereby grants to the User and the Member a non-exclusive, non-transferrable licence for an indefinite duration and revocable at all times without any reason, to access the content of the Website, to display and download such content for display purposes only. The User and the Member may also print a copy of the displayed content on the Website for personal use, provided that they do not alter the content of the Website in any way and provided that they preserve all credits to the creator and origins of the Website. The User and the Member agree to refrain from circumventing the technical protective measures of the documents and multimedia elements. Reproduction is not authorized unless for strictly personal purposes. After viewing the content of the Site, or termination of this authorization, the User and the Member must destroy any downloaded materials owned, whether in electronic or printed.
5.3. The User and the Member undertake, in particular, not to:
modify or copy the materials found on the Website, except under the conditions specified in Article 5.2 ;
use this material for any commercial purpose or any part of any public display (whether or not of a commercial nature) ;
attempt to decompile or reverse engineer any software contained on the Website ;
clear from documentation any mention of a copyright or an exclusive proprietary right; transfer the materials to a third-party or duplicate it on another server.
5.4. Any violation of any of the above restrictions will result in immediate termination of this authorization, which MDA reserves the right to terminate at any time.
5.5. The Website may exclusively be linked to by using hyperlinks to the front page on the URL http://www.caregiverspro-mmd.eu. Any hyperlink to other, interior pages of the Website is prohibited, unless express, prior authorization is given by MDA.
5.6. Any other use of the Website and its components, not explicitly treated in this article, is strictly prohibited.
Article 6 – Responsibility related to the use of the Website
6.1. Availability and functioning of the Website
MDA ensures, to the extent possible, that the Website remain accessible for a normal number of User and Members. MDA cannot guarantee the normal functioning of the Website at all times without any interruption or error, nor that any flaws are immediately solved, nor that the Website and the server hosting it are completely free from viruses or other malicious elements. MDA reserves the right to suspend or stop all or part of the Website at all times without any prior notice.
MDA cannot and may not be held responsible for any loss and/or damage of any kind resulting from the suspension, interruption, (technical) interference, delay, difficult access and/or blocked access to whole or part of the Website, or any virus or other malicious elements present on the Website.
Users or Members who notice the presence of viruses or other malware on the Website are kindly asked to notify MDA thereof on the following address: email@example.com in order to enable MDA to take appropriate measures. MDA advises Users and Members to install proper firewalls, antiviruses and other software on their end-user devices to protect them from any damage.
6.2. Content and use of the Website
Users and Members use the Website at their own risk. Within the limits of the applicable law, the Website, its components and all information, software, installations and services pertaining to the Website are delivered as such, as available without any guarantees (not explicit, nor implied) and within the boundaries set by law. Are amongst others excluded, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or non-infringement of other rights. In addition, MDA gives no warranty and makes no representation regarding the accuracy, likely results, or reliability of the use of its Website content, or any component thereto in any manner or information contained on other websites to which the Website of MDA refers through hyperlinks. In any case, MDA or its partners shall not be held liable for any loss or damage (direct, indirect, tangible or intangible, including – without limitation – of harm inherent in the loss of data or profit, or resulting in an operating loss) arising out of the use or inability to use the Website or its content, even if MDA or one of its duly authorized representatives has been informed orally or in writing of the possibility of such damages. The presence of technical or typographical errors on the Website cannot be excluded. MDA does not guarantee the accuracy or completeness or updating the content of its website. MDA reserves the right to modify the content of the Website at any time and without notice. However, MDA does not undertake to update its content.
6.3. Links to or on other websites
Hyperlinks to other websites may be placed on the website. Certain websites may include a link to the Website. Third party websites are not controlled by MDA, the latter does not assume any responsibility for their functioning, content or use. Except when stated otherwise on the Website by MDA, the existence of these links do not imply any endorsement on behalf of MDA of these websites or their use, nor do these links imply any association or partnership with the owners of such websites. The User and the Member bear full and entire responsibility for consulting such websites related to the Website.
Article 7 – Validity of the contractual provisions
7.1. Disuse of any provision of these Terms by MDA cannot be interpreted as yielding all future use of the rights described in such provision.
7.2. The nullity, invalidity or unenforceability of all or part of the provisions in these Terms will not affect the validity or enforceability of any other provision of the provisions in these Terms. In case of partial or entire nullity, invalidity or unenforceability of a provision, such provision shall be presumed to be unwritten. MDA agrees to substitute such provision with another provision having the same effect to the extent possible.
Article 8 – Applicable law and competent court
8.1. All claims related to the Website shall be submitted and interpreted according to legislation in force in Spain, without consideration to provisions in matters of conflicts of laws.
8.2. The courts of Spain are exclusively competent for any litigation concerning these Terms.