Terms & Conditions

General conditions of sale

Version of October 24th, 2023

1 DEFINITIONS

2 LEGAL MENTIONS

3 PURPOSE OF THESE T&C

4 DESCRIPTION AND PURPOSES OF THE SERVICE

5 PUBLISHER ACCOUNT

6 PUBLISHER OBLIGATIONS

7 LIMITATION OF LIABILITY OF eLABZ

8 PAYMENT AND BILLING

9 CONFIDENTIALITY

10 INTELLECTUAL PROPERTY

11 PERSONAL INFORMATION

12 MAJOR FORCE

13 FINAL PROVISIONS

1. DEFINITIONS

In these T&C, the following terms have the meanings indicated below:

Advertising campaign: announcement sent in the form of an informative window that is displayed directly on the subscribed user’s terminal (Web Push Notification).

CGV: the general conditions of sale that govern the contractual relationship between the Publisher and Outpush in relation to access and use of the Service.

Account : the account created by the Publisher as described in article 5, which allows you to access and use the Service.

Editor: the company that you have created an Account to access and use the Service in accordance with these T&C.

in LABZ: the company eLABZ SRL, to which the trade name “Outpush” refers and whose legal notices are specified in article 2 of these GTCS.

Service : the service as described in article 4, accessible through the website https://outpush.io/.

Subscribed User: user who has given consent through the Publisher’s site or application to receive advertising campaigns.

2. LEGAL MENTIONS

The Service is provided by the company eLABZ SRL, to which the trade name Outpush refers. eLABZ manages an advertising network that offers the possibility of launching advertising campaigns by automated means.

The eLABZ contact details are as follows:

eLABZ SRL

Rue de Roumanie, 13

1060 Brussels

Belgium

N° BCE : BE 0766.257.834

Email: hello@outpush.io

3. PURPOSE OF THESE T&C

These T&Cs define the contractual provisions between eLABZ and the Publisher and contractually regulate access to and use of the Service by the Publisher.

Access to the Service and its use imply the unreserved acceptance of these GTCS by the Publisher. If you do not accept them, the Publisher is not authorized to use the Service and must leave it.

 

4. DESCRIPTION AND PURPOSES OF THE SERVICE

The Service is a content sharing service and a service for monetizing the audience of a website or application through advertising campaigns. For this, eLABZ provides a platform that publishes and makes available to Publishers.

The platform allows the sending of content and advertising campaigns by automated means to subscribed Users. Advertising campaigns are advertising campaigns for goods and/or services provided by the Publisher or by third parties.

The distribution of advertising campaigns by automated means is carried out based on a series of criteria such as the availability of said campaigns, profitability and targeting. eLABZ has no obligation to investigate advertisers or types of advertising campaigns.

eLABZ makes every effort to ensure that the advertising campaigns disseminated through the Service comply with certain quality standards, in particular to avoid the dissemination of advertising campaigns of a pornographic nature or child pornography.

The platform also allows the management of a database of subscribed Users. eLABZ has no right over the list of Subscribed Users and does not retain it in case of termination of the contract.

The Publisher guarantees the integration of the Service into its websites and applications used to establish a relationship with a user. To do this, eLABZ provides the Publisher with a script that allows users to request consent to send advertising campaigns by automated means and operate the Service. The Publisher inserts this script into the source code of your websites and applications.

5. PUBLISHER ACCOUNT

• Creation and use of an Account

To access the Service, the Publisher must create an Account by providing various identification data and accepting the T&C. Your registration request must be accepted by eLABZ. Once your Account has been created, to access and use the Service, the Publisher must connect to it using your username and password. You must also provide the necessary information for billing and choose a payment method from those offered.

By creating this Account and during its registration and use, the Publisher undertakes to provide accurate, complete and up-to-date information. The Publisher is the sole guarantor of the information stored in your Account and may at any time add, modify or delete it.

The Publisher undertakes to inform eLABZ without delay in the event of any changes to the data that he communicated during his registration and, if necessary, to make such changes himself through his account management interface.

The Publisher who wishes to modify one or more data related to payment or billing must make a specific request to eLABZ by email.

eLABZ reserves the right to reject the Publisher’s registration application at its sole discretion and for any reason.

The Publisher acknowledges that your username and password are strictly personal and confidential. Use of the identifier and password over the Internet is done at your own risk. It is up to the Publisher to take all necessary measures to protect its own data against any attack. In this sense, eLABZ is not responsible for fraudulent access to the Account or any changes made to this Account, except for intent or gross negligence on its part or on the part of one of its agents or employees.

• Account deletion

The Publisher may request the deletion of his Account at any time. You acknowledge that the deletion of your Account implies the termination of all contractual relationships you have with eLABZ in relation to the Service, as of the date of such deletion.

eLABZ may delete an Account on its own initiative, which will lead to the termination of all contractual relations it has with the Publisher, Account holder in relation to the Service, from the date of such deletion, in particular in the following hypotheses, this list is not exhaustive:

• This deletion initiative will be the result of non-use of the Account for a certain period;
• This removal initiative constitutes a measure taken by eLABZ against a suspicious Account, for example, when eLABZ has reason to believe that the Publisher does not comply with these T&C;
• This initiative suppression may be the result of a request from a third party alleging the violation of your rights or from a competent authority;
• This removal of the initiative may be the result of changes in the economic activities of eLABZ.

The Publisher cannot claim any compensation for the deletion of your Account.

After the deletion of the Account, eLABZ retains the data stored in the Account for the time necessary for the technical operations of deletion of the Account and in all cases within the limits and obligations imposed by the applicable laws and in accordance with the Privacy Policy: https://outpush.io/privacy-policy/.

6. PUBLISHER OBLIGATIONS

• Publisher General Commitments

By using the Service, the Publisher warrants and certifies that:

• you have the legal capacity to enter into this contractual relationship;
• has read and approved these T&C.

The Publisher accesses and uses the Service for professional purposes only. As such, you guarantee that you use the Service as a business within the meaning of articles I.1 of the Code of Economic Law, excluding all personal purposes, which would not fall within the scope of your commercial, industrial, craft or liberal activity.

The Publisher undertakes to access and use the Service solely for the purposes described in article 4 of these GTCS, to the exclusion of any other purpose. Any use of the Service for other purposes is prohibited.

In no case does the Publisher make the Service available to third parties.

• Publisher’s commitments in relation to its websites and applications

To become a Publisher, the Publisher’s websites and apps or those affiliated with the Publisher must:

• Be based on content, not just a list of links or ads, and cannot be focused on making money from advertising campaigns;
• Be fully functional at all levels; there are no “under construction” sites or sections; AND
• Comply with current legislation.

 

The Publisher integrates the computer codes provided by eLABZ into its website(s) and applications in accordance with the rules of the art and following the indications given by eLABZ.

The Publisher withdraws the computer codes at the end of the contract.

The Publisher informs eLABZ as soon as possible of any problems related to the integration.

Publisher’s or Affiliates’ websites and applications may not include any material that infringes the rights of a third party or violates any law, as provided by law or as determined by us in our sole discretion, including, without limitation, the following:

• Intellectual Property Rights;
• Racial, ethnic, political, hateful or otherwise objectionable content;
• Investments, lucrative opportunities or advice not authorized by law;
• gratuitous violence or profanity;
• Material that defames, abuses, or threatens to harm another;
• Promotion of illegal substances or activities (eg, illegal online gambling, “how to make a bomb”, counterfeit currency, etc.);
• Software piracy (eg Warez, P2P, Bit torrent, Hotline, etc.);
• Hack Phreaking;
• Fraud, information, facts, news, offers, solutions, unofficial, false, misleading, invented, reproduced, reproduced, linked to, or intended to address in any way and at any level vulnerabilities of any kind, including but not limited to physical vulnerabilities, mental, psychological, social, religious, economic, scientific vulnerabilities;
• Any illegal activity of any kind;
• Any spoofing, redirecting, or traffic to adult websites for the purpose of obtaining traffic; EITHER
• Any other inappropriate activity, as determined by us in our sole discretion.

• Quality of the information provided by the Publisher

By creating an Account, accessing and using the Service, the Publisher undertakes to provide true, accurate, current and complete information.

The Publisher is solely responsible for any direct or indirect errors, losses or damages arising from the inaccuracy, incompleteness or non-compliance of the data you have provided, including data and information related to payment and billing.

• Obligations of the Publisher when using the Service

The Publisher is informed that all laws and regulations in force are applicable on the Internet.

The Publisher will not use the Service for purposes that are illegal or prohibited by law and/or by these T&Cs.

By way of non-exhaustion, the Publisher must in no case:

• Intercept or attempt to intercept email or any other private communication in connection with the Service that is not intended for the Service;
• Employ means that it would have the effect of limiting a third party’s peaceful use of the Service;
• Use the Service as an instrument of mass communication in order to communicate a message of a general nature and not requested by the recipients;
• Falsely represent yourself as an employee, agent or server of eLABZ;
• Using information obtained from the Service to abuse, harass, or harm another person;
• Abusing the Service by knowingly introducing viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.

• Compensation

The Publisher guarantees and indemnifies eLABZ for any claim, procedure initiated by a third party, liability, damage, loss or expense, whatever its form and nature, that would be directly or indirectly related to your use of the Service, that would be contrary to these T&C and/or in violation of applicable law or regulation or the rights of a third party and/or that it would be inappropriate.

In case of use of the Service by the Publisher contrary to the law or regulations, contrary to these CGV or inappropriate, the Publisher will assume all damages and interests to which eLABZ could be condemned, as well as the costs of justice and the fees that eLABZ should, if any, expose. eLABZ undertakes to inform the Publisher as soon as possible of such claim or legal action.

eLABZ has the right, at its option and expense, to participate in the defense and/or amicable settlement of a lawsuit or to assume the exclusive defense and control of the proceedings, without releasing the Publisher from its compensation obligations. The Publisher cannot in any case accept a friendly solution that questions the responsibility of eLABZ or imposes any type of obligation on it, without its prior consent.

7. LIMITATION OF LIABILITY OF eLABZ

• Accessibility and security of the Service

eLABZ guarantees the hosting and proper functioning of the Service described in Article 4 of these GTCS, including its maintenance and security, subject to the provisions below.

eLABZ, to the extent possible, strives to keep the Service accessible 7 days a week, 24 hours a day, however, eLABZ reserves the right to interrupt, temporarily suspend or modify without prior notice access to all or part of the Service, in order to ensure its maintenance, improvement or for any other reason, particularly technical, without these maneuvers giving rise to any obligation or compensation.

eLABZ does not control the availability and operation of the Internet network and the websites or applications that you may use. Therefore, eLABZ is not responsible in case of malfunction of this network, search engines, websites or applications used as part of the Service.

eLABZ makes reasonable and diligent efforts to maintain the security and operational integrity of the Service by adopting security measures appropriate to the nature of the data and the risks presented by the activity. However, many factors beyond the control of eLABZ may interfere with the operation of the Service. Therefore, eLABZ does not guarantee continuous, uninterrupted or secure access to the Service. In general, except in the case of intent or gross negligence on the part of eLABZ or one of its agents or agents, eLABZ is not responsible for any problems in the technical operation of the Service.

Except in case of intent or gross negligence on the part of eLABZ or one of its agents or employees, eLABZ will not be responsible for any damage or temporary or permanent incident that occurs in the data or computer equipment of the Publisher when accessing or using the Service. . In particular, except for intent or gross negligence on the part of you or one of your agents or agents, eLABZ is not responsible for the possible transmission of a virus through the Service.

eLABZ is not responsible for the fraudulent use of its means of diffusion and declines all responsibility in case of intrusion into its computer systems and data theft, understanding that it implements the necessary means to avoid such illegal intrusions.

• Quality of information and content presented on the Service

eLABZ implements all means available to provide quality content to publishers. However, it does not guarantee the completeness, completeness, accuracy, reliability, updating or availability of the content and information offered on the Service.

eLABZ is not responsible for the use of elements, information, content or instructions provided by the Publisher. The Publisher must ensure that the names, denominations, registered trademarks, domain names and all other elements likely to be covered by intellectual property rights can be freely used. Consequently, the Publisher undertakes to hold eLABZ harmless against any claim by third parties related to its use.

 eLABZ makes every effort to ensure that the advertising campaigns disseminated through the Service comply with certain quality standards, in particular to avoid the dissemination of advertising campaigns of a pornographic nature or child pornography. However, it is an obligation of means.

• Damage

In general, in providing the Service, eLABZ only undertakes an obligation of means.

Except in case of intent or gross negligence on the part of eLABZ or one of its agents or employees, for any duly proven damage suffered by the Publisher, eLABZ’s liability for breach of these GTCS is limited to compensation for direct damages , excluding any indirect damage such as, without the list being exhaustive, lost profits, business opportunity, data or billing and excluding any moral damage, image or any commercial damage, loss of customers, loss of brand image, business disruption or any other special, incidental or consequential damages occurring in connection with the Service.

Except for fraud or gross negligence on the part of eLABZ or on the part of one of its agents or employees, the responsibility of eLABZ cannot be demanded if the breach of these GTCS or its deficient performance is attributable to the ‘Publisher, or is attributable to the unforeseeable event and insurmountable from a third party.

8. PAYMENT AND BILLING

The Publisher receives a remuneration calculated on the basis of the amounts paid to eLABZ by third parties or by the people for whom the advertising is carried out.

eLABZ endeavors to pay invoices within 45 days from the date of issue. The Publisher accepts that the payment of its income depends on the payments of third parties and the people for whom the advertisement is made to eLABZ.

eLABZ is not responsible for the actions carried out by the payment service provider. Fees and taxes, such as, but not limited to, additional transaction fees, bank commissions, exchange fees applied to the transaction, are paid by the Publisher.

eLABZ reserves the right to offset any amounts owed by the Publisher.

The Publisher warrants that it has the ability to receive payments from eLABZ into a specific bank account or with a relevant payment provider. If the receipt of a payment fails or is delayed due to non-compliance with this obligation, eLABZ is not responsible.

The Publisher expressly accepts the self-billing principle for the duration of the commercial relationship. The Publisher orders eLABZ to issue at the end of each month + 30 days an invoice in the name and on behalf of the Publisher each time eLABZ responds for an amount equal to or greater than 5 euros. Anything less than this amount will be added to the next month’s activity. Invoices are generated based on the data provided by the platform that is an integral part of the Service.

The Publisher expressly accepts the electronic format of invoices throughout the duration of the business relationship. Each invoice can be accessed through the Account.

Invoices can be challenged within 30 calendar days after their issuance. If they are not contested, the invoices will be considered compliant.

The Publisher pays VAT and complies with its tax obligations.

9. CONFIDENTIALITY

Each party keeps all information it receives from the other confidential. Neither party discloses the other party’s confidential information to third parties other than employees or agents with a need to know.

However, neither party shall have any obligation with respect to information (i) that upon disclosure or subsequently becomes, regardless of the fault of the receiving party, part of the public domain, (ii) that is already legally known to one party before the other party discloses it, (iii) that has been lawfully received from a third party not subject to an obligation of confidentiality, (iv) that is independently developed by one party, (v) that has been the subject of written consent prior to disclosure, (vi) that must be disclosed by a party by virtue of a legal obligation or by court order, provided that it has notified the other party in writing, in order to allow it to contest the requirement or request confidential treatment of this information.

The obligations of the parties in terms of confidential information will remain in force during the entire term of validity of these CGV, and during the time, after its validity, in which the information in question remains confidential.

10. INTELLECTUAL PROPERTY

The eLABZ name and logo, the general design of the Service, the texts, images and other information published on the Service are protected by intellectual property rights belonging to eLABZ or its licensors. The Publisher expressly undertakes to respect them.

Apart from the activities mentioned in article 4 of these GTCS, the Publishers are not authorized to, without this list being exhaustive: extract, copy, store, reuse, modify, distribute, transmit, broadcast, publish, license, transfer, sell , reproduce or have reproduced all or part of the content of the database and in general of any element accessible through the Service, temporarily or permanently, by any process, known or unknown, in any medium, in whole or in part, systematically or not, without the prior written authorization of eLABZ. Failure to comply with this prohibition constitutes an infraction likely to engage the civil and criminal liability of the counterfeiter.

Similarly, the Publishers are not authorized to modify the content or composition of the Service database, to delete or add data to it.

The Publisher agrees, unless eLABZ is expressly told otherwise, that eLABZ may use its name, its trademarks, the name of its websites and applications, its URLs and its logos in presentations, marketing materials, client lists , financial reports and search results pages. .

eLABZ has the right to reproduce their names, logos, denominations, brands, domain names or any other distinctive sign of the Publisher in order to contribute to the commercial promotion carried out by or on behalf of eLABZ in all communication media, during the term of this contract and beyond.

11. PERSONAL INFORMATION

eLABZ processes data in accordance with its privacy policy (https://outpush.io/privacy-policy/). The publisher and eLABZ respectively act as joint data controllers (co-controllers) regarding the subscriber user’s data and agree as follows:

• Information relating to processing is provided to the data subject in the following form:https://outpush.io/privacy-policy/ ; 

• When consent is required for sending push notifications, it is collected by means of a banner displayed when a user visits the publisher’s site;

• Data subjects may exercise the rights that the GDPR confers on them with respect to and against each of the co-controllers, who cooperate together to respond;

• The subcontractors referred to in the charter (https://outpush.io/privacy-policy/) are considered agreed by the parties for shared processing;

• the implementation of shared processing does not require carrying out a privacy impact analysis or prior consultation with the competent Supervisory Authority;

• They shall keep each other informed, in writing and without delay, of any personal data breach affecting the data co-processed within the framework of shared processing operations, and collaborate for their processing and the required notifications;

• Each co-manager implements shared processing in compliance with the laws and regulations incumbent on him regarding the protection of personal data, particularly in terms of security. It provides assistance, within the limits of its skills, resources and reasonable expectations, for the implementation of measures intended to ensure compliance with its obligations.

• Each Co-Responsible indemnifies the other Co-Responsible for damages resulting for this other Co-Responsible from a failure on his part to fulfill his own obligations provided for by or arising from these general conditions and/or the Laws and regulations applicable to protection of personal data.

• As such, each Co-Responsible undertakes in particular to hold the other Co-Responsible harmless from any action, dispute, claim or complaint from any third party, as well as from any sanction or condemnation from any authority or jurisdiction, which would have as its origin, cause or basis such a failure on its part to fulfill its own obligations provided for by or arising from these general conditions and/or the Laws and regulations applicable to the protection of personal data.

 

12. FORCE MAJEURE

Neither the Publisher nor eLABZ will be responsible for the delay in the execution or non-execution of their obligations derived from these GTCS as a result of events of force majeure (such as strike, war, earthquake, cataclysm of any kind, pandemic, direct or indirect effects explosion, fire, release of heat, flooding and any other case of external, unforeseeable and irresistible force majeure).

13. FINAL PROVISIONS

• Modifications to these T&C

eLABZ reserves the right to modify these T&C at any time and without prior notice to the Publisher, depending on changes made to the Service, changes in legislation or for any other legitimate reason.

When the Service is adapted to comply with legal or regulatory changes, eLABZ makes its best efforts to carry out this adaptation as quickly as possible. During this period, the Publisher acknowledges that eLABZ is not responsible for temporary non-conformities.

Any new T&C is available on the Service with the date of its update as the reference date and applies immediately to Publishers.

The version of the T&C applicable to the relationship between eLABZ and the Publishers is available on the Service at any time.

The Publisher undertakes to keep abreast of any changes by regularly consulting the page of the Service where the T&Cs are available.

• Test convention

eLABZ may proceed with the Publisher to exchange information necessary for the Service by electronic means. It is presumed that any electronic communication between the Publisher and eLABZ has the same probative value as a document written on paper.

The printed version of these CGV and any notice delivered in electronic format will be accepted in any judicial or administrative procedure related to this contractual relationship, in the same way and under the same conditions as the other documents and commercial records created and kept in printed form. .

• Indivisibility

If a clause of these CGV were declared null, invalid, illegal or inapplicable in accordance with the applicable law, in whole or in part, such situation would not affect the validity of the remaining clauses. The null, invalid, illegal or unenforceable clause will be replaced retroactively by a valid and applicable clause whose content is as similar as possible to that of the original clause.

• Full contract

These T&Cs constitute the only contract between the Publisher and eLABZ regarding the access and use of the Service. They supersede any pre-existing communication, offer, proposal or correspondence (written or oral) between the Publisher and eLABZ in relation to the Service.

• Relations

These GCS can in no way be considered a partnership, a ‘joint venture’ or any other association or subordination between the Publisher and eLABZ.

In the event of a dispute between several Publishers or between a Publisher and a third party, eLABZ has no obligation to participate. The Publisher exonerates eLABZ, its administrators, employees and other members of any action and damage of any kind, known or unknown, in relation to the conflicts to which it is linked.

• Notification

Any communication or notification made to the Publisher must be considered valid from the moment it is made through the email address communicated by this Publisher, even if this email address is no longer valid.

• Applicable law and competent jurisdiction

These T&C are subject to and interpreted in accordance with Belgian law.

Any controversy related to the access to the Service and its use and the validity, interpretation, execution or non-execution of these CGV will be submitted to the exclusive jurisdiction of the courts and tribunals of Brussels (Belgium), regardless of the type of procedure.

 

Original version: https://outpush.io/fr/conditions-generales/

This page was automatically translated on October 24th, 2023.