Terms of use sharing platform
General
These terms of use (hereinafter referred to as: "Terms") describe the conditions under which use can be made of the online sharing platform 'UGENT DEELT' via the website "deelplatform.ugent.be" (hereinafter referred to as "Sharing platform") and any transaction that takes place through the Sharing platform.
The Sharing Platform is owned by Ghent University, a public institution with legal personality, established pursuant to the special decree dated June 26, 1991 concerning Ghent University and the University Center Antwerp (BS 29 June 1991, as amended), with its administrative office at 9000 Gent, Sint -Pietersnieuwstraat 25, with company number 0248.015.142 (hereinafter referred to as “UGent”),
The Green Office of Ghent University (Environment Department) is responsible for the general management of the Sharing Platform.
Applicability and Changes
These Terms apply to the use of the Sharing Platform. By accessing or using the Sharing Platform, you agree to these Terms.
Ghent University has the right to unilaterally change these Terms and Conditions. The user will be notified of this in good time via an update, a message from the Sharing Platform, or an e-mail message.
Ghent University also has the right to adjust the Sharing Platform, to change or delete data, to limit the use of the Sharing Platform or to deny access to the Sharing Platform in whole or in part, temporarily or permanently. Ghent University will inform the user about this in a timely and appropriate manner.
Using the sharing platform
The Sharing Platform offers the possibility (hereinafter referred to as: "Service") to UGent students and UGent staff members, who register on the Sharing Platform by creating a user account, (hereinafter referred to as: "User") to use study, student residence or to pass on or sell work-related devices, materials, textbooks and study materials (hereinafter referred to as: "Item(s)"), through specific online sub-modules. (hereinafter referred to as "Transaction").
The Sharing Platform only offers a space where Users can find each other. Ghent University only facilitates contact between Users of the Sharing Platform and is itself not involved in Transactions between Users.
There is no contractual relationship whatsoever between Ghent University and the Users with regard to the items or the transfer thereof and Ghent University therefore bears no responsibility in this regard.
To use the Sharing Platform, the User must register in the manner(s) indicated for this purpose. When registering, the User is obliged to truthfully enter the information requested. The User must immediately change any changes to data via the Sharing Platform, so that Ghent University is aware of the change.
If the User is under the age of 18, his parents or legal representative must give permission for the use of the Sharing Platform. By accepting the Terms, the User represents and warrants that he is 18 years of age or older, or has the consent of his parents or legal representative.
When creating a user account, the User agrees to receive e-mails at his UGent e-mail address. This is necessary to receive all essential notifications related to a Transaction.
Users can list, view and/or purchase Items on the Sharing Platform.
Items can be viewed and refined according to the User's preference through filtering, categorization and search functions.
Users can contact each other before, during and after a Transaction. In addition, the Users can indicate which profile and communication data are made visible to the contact person. However, within the framework of a Transaction, the e-mail address is always shared with the contact person.
The use of the Sharing Platform is strictly personal and solely at the User's own expense and risk.
The User is responsible for the correct and careful use of the Sharing Platform and must refrain from unauthorized and careless use of the Sharing Platform.
In particular, the User must, among other things:
- Fill in information truthfully.
- Include a complete and correct description of Items.
- Refrain from inappropriate language.
- To treat personal login details confidentially and to keep them secret from other persons.
- Not to use the Sharing Platform for acts and/or conduct that violate applicable laws or regulations (including “hacking” or “scraping”), morality, public order, or rights of third parties.
- Under no circumstances is it permitted to add data, documents or files to the Sharing Platform that contain illegal or offensive (including sexist, pornographic, racist or discriminatory) content or (otherwise) infringe the privacy of third parties.
- Not to use the Sharing Platform in such a way that its (correct) operation is prevented, security is breached or damage is caused to us, the Sharing Platform or third parties.
- Not to spread viruses via the Sharing Platform or otherwise disrupt devices or systems of Ghent University or other Users of the Sharing Platform.
- In the event of unauthorized and careless use of the Sharing Platform, Ghent University may suspend or exclude the User, after notification of this to the User by e-mail.
The User indemnifies Ghent University against all possible claims from third parties as a result of acting in violation of these Terms and Conditions.
The User is responsible and at his own expense for the necessary hardware and software, peripheral equipment and (internet) connections to enable access to and use of the Sharing Platform and the user account. The use of the Sharing Platform implies compliance with the regulations for the correct use of the ICT infrastructure of Ghent University.
The User is obliged to take care of a recent backup of all Information that he has entered in the Sharing Platform and his user account.
The User will provide Ghent University with all the cooperation that can reasonably be expected of it when carrying out maintenance work on the Sharing Platform.
The use of the Sharing Platform can be terminated by the User at any time by sending a request for termination by email to deelplatform@ugent.be.
Offer
The User who offers an Item on the Sharing Platform must own the Item that is offered by him or her and must have the right to sell it or give it away for free.
The sale, use or possession of those Items must not infringe the rights of third parties, must be in accordance with intellectual property rights, and must not violate any local, national or international applicable law or regulation.
It goes without saying that things such as drugs, medicines, tobacco products or weapons are prohibited without exception. Also no counterfeit articles, items with a health risk or sexual or pornographic character, fascist articles or items that promote violence, discrimination, hatred or crime are allowed. This list is not exhaustive and is for guidance only.
The User who places items on the Sharing Platform undertakes to provide such a true and complete description of the Item when posting.
Ghent University can remove unauthorized items at any time.
Acceptance
The User who wishes to accept an offer from another User clicks on the "buy" button on the detail page of the desired item. The User hereby accepts the offer and concludes a purchase agreement.
This purchase agreement concerns a 'distance agreement', whereby the buyer as a consumer is entitled to the statutory withdrawal period of 14 calendar days. The term starts on the day after the delivery of the Item. The seller must then refund the payments received, including delivery costs, within 14 days of being informed of your decision to cancel the purchase. More information about distance selling can be found on the website of the federal government (in dutch).
By accepting an offer on the Sharing Platform, the User confirms:
- be legally competent and as such be able to enter into binding agreements;
- to be a consumer, purchasing for personal purposes.
Product information
Ghent University does not produce, sell, buy, store, prepare, produce, process, mark, package, deliver or handle the items in any way. Ghent University is not responsible for the fulfillment of contractual obligations between the Users with regard to the Items, including the manufacture, sale, purchase, storage, preparation, production, processing, marking, delivery, quality or handling of the Items, nor for the compliance with the applicable legislation in this regard, unless UGent is explicitly indicated on the Sharing Platform as the producer or seller of the Item.
The User can find information about the Items and a description of the Items on the Sharing Platform (hereinafter referred to as “the Information”). The Information is for informational purposes only and is intended to enable the User to globally assess the selected Items before entering into a Transaction in this regard.
There may be instances where the Sharing Platform has not been updated and where the Information is not as stated on the Sharing Platform. Ghent University is not responsible or liable for this.
It is the Provider who is responsible for providing the Information and for ensuring that this Information is accurate and current. Ghent University does not take any responsibility for this and is therefore not liable for the content of or the presence of the Information.
Ghent University is not liable or responsible for any defect or delay in the fulfillment of obligations with regard to the Items, including the production, purchase, sale, storage, preparation, processing, marking, delivery or quality thereof.
Ghent University does not guarantee that the items offered will meet expectations.
Costs
Ghent University does not charge any costs for the use of the Sharing Platform.
Liabilities
Ghent University makes every effort to ensure optimal availability and accessibility of the Sharing Platform.
Ghent University does not guarantee that the Sharing Platform or parts thereof will function without interruption, errors, viruses or defects, or that all errors and defects can and are always corrected.
Ghent University does not guarantee the (undisturbed) functioning of telecommunication connections and accepts no liability whatsoever for the consequences of any inaccuracies in the data that are made accessible via the Sharing Platform.
Ghent University is not obliged to restore mutilated or lost data/data and/or information.
Ghent University makes every effort to ensure adequate security of the Sharing Platform in line with the state of the art. This does not affect the User's own responsibility to adequately protect his systems, data and other information, whether sensitive or not.
Under no circumstances does Ghent University guarantee:
- unfettered access to the Sharing Platform;
- correct and undamaged data transmission;
- undisturbed and uninterrupted use of the Sharing Platform;
- the full reliability and uncrackability of the Sharing Platform.
- In the performance of its services, Ghent University is entitled to use the services of third parties, in any way whatsoever.
Ghent University is not liable for any damage or costs incurred by you or third parties, for whatever reason, as a result of the use or inability to use the Sharing Platform, unless the relevant damage is caused by intent on the part of Ghent University.
The Sharing Platform may contain banners and links to external internet pages. Ghent University is not liable for the use, content or functioning of these external internet pages or internet pages and accepts no liability for this.
Ghent University is not responsible for the processing of your personal data on these external internet pages.
Intellectual ownership
The User may use and print and download portions of the Sharing Platform for his or her personal, non-commercial use under the following conditions:
Unless otherwise stated, the copyrights and other intellectual property rights in the Sharing Platform and on the material published on it (including, but not limited to photos and images) are owned by UGent. The images posted by providers remain the property of the respective provider of the respective item. `
Use of extracts from the Sharing Platform other than in accordance with this section is prohibited.
The User may not modify the digital or paper copies of any materials he or she copies in accordance with this section and may not use any graphics, photographs or other graphic, video or audio sequences separately from the accompanying text.
The User ensures that the status of Ghent University as the rightful claimant of the material on the Sharing Platform is always acknowledged and stated.
The User may not use any of the materials on the Sharing Platform, or the Sharing Platform itself, for commercial purposes without the prior written permission of Ghent University.
Except as stated in this article, the Sharing Platform may not be used or (in whole or in part) reproduced and/or stored in another Sharing Platform or included in a public or personal electronic retrieval system or service, without the prior written permission of Ghent University.
Protection of privacy
Ghent University processes personal data of more than 9,000 staff members and 44,000 students. This data is handled at Ghent University in a careful and responsible manner in order to guarantee the privacy of all those involved.
All information about monitoring your privacy on this Sharing Platform can be found in the privacy statement. Here you will also find all information regarding the cookies used.
Via the cookie menu - which can be found in the footer of the web page - you as a User can always adjust your own privacy and cookie settings.
For questions, comments or suggestions about the various rights and obligations in the field of privacy or if you believe that your personal data is processed incorrectly and/or incorrectly by Ghent University, you can contact the Data Protection Officer or Data Protection Officer of Ghent University via privacy@ugent.be.
In addition, when creating an account, the User accepts to receive e-mails to his UGent e-mail address that relate to the items purchased or sold by the User. This is necessary for Ghent University to ensure that the User can receive all essential notifications related to the transaction.
Feedback & Complaints
The User must verify the contents of the Items upon receipt.
In the event of a complaint regarding an Item, the User will contact the provider itself.
Suggestions and/or complaints regarding the use of the Sharing Platform can be sent via the 'contact' or 'feedback' link in the footer of the website or by email to Deelplatform@ugent.be.
You can also contact this e-mail address for reports of fraud or complaints regarding. pending or terminated Transactions.
In case of complaints regarding Transactions, the User provides a description of the Items about which the complaint is made and the reason why the User is dissatisfied. After receipt of the complaint, Ghent University will deal with it, where applicable in collaboration with the provider.
Applicable law and competent court
All disputes arising out of or in connection with the use of the Sharing Platform and the relationship between the parties and regardless of whether all the aforementioned disputes are regarded as contractual claims, shall be exclusively governed by and settled in accordance with Belgian law.
All disputes arising from or relating to this use will be submitted exclusively to the courts of East Flanders, Ghent (Belgium) division.
Other provisions
If these Terms and Conditions are or become partially invalid, the parties will remain bound by the remaining part.
The parties will replace the invalid part with stipulations that are valid and whose legal consequences, in view of the content and purport of these Terms and Conditions, correspond as much as possible with those of the invalid part.
This is a translation. The original policy text has been written in Dutch. In case of discrepancies or doubts about the interpretation of this text, the original Dutch version prevails.