Terms of Use – iCare Project

General Provisions

The following Terms of Use apply to your use of the information services and resources available on the iCare website, Platform and Chatbot, developed and provided by the iCare Consortium.

Glossary

For better understanding of the exact meaning of the Terms of Use, please find bellow the following glossary:

“Admin” is the authorised person who acts on behalf of the iCare Consortium and its Partners and has access to the Administration panel of the iCare website, Platform and Chatbot via an Admin Account.
“Administration panel” is an internal section of the iCare website, Platform and Chatbot accessible only for the Admin upon his/her registration.
“Content” is any text, photo, any other graphical content, multimedia content, video, link, or any other material or information posted, uploaded, and accessible through the iCare website, Platform and Chatbot.
“iCare Consortium” shall mean the “Improving the Situation of Children in International Child Abduction cases through Judicial CoopeRation and Family MEdiation” Consortium formed by the following beneficiaries (partners) acting jointly as a consortium under Grant Agreement No. 101007436: Law and Internet Foundation – LIF (Bulgaria), acting in the capacity of coordinator, Centre for Research & Technology, Hellas – CERTH (Greece), Defence for Children International – DCI (Italy), International Mediation Centre for Family Conflict and Child Abduction – MIKK E.V. (Germany), and European Federation for Missing and Sexually Exploited Children AISBL – MCE (Belgium), acting in the capacity of project partners.
“Information system/System” is each particular device or combination of connected or similar devices, which or -one of which- are used in the implementation of a certain programme, which ensures automated data processing.
“IP address” is a unique identification number associating a device, a web page, Admin’s or a User’s resource in a way that allows their localisation in the Internet.
“Link” is a link (reference) designated in a particular Internet page that allows automatic forwarding to another Internet page, information resource, or object using standard protocols.
“Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, as well as sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending of “Trojan Horses” or causing installation of viruses or unauthorised remote control systems, disturbance of the other Internet and associated networks user’s normal work, committing any actions that can be qualified as crimes or administrative offences according to the European or other applicable legislation.
“Partner” shall mean each of the beneficiaries within the iCare Consortium.
“Password” is a unique combination of letters, ciphers, and/or symbols selected by the Admin or the User which, along with the username specified by the Admin or the User upon his/her registration, serves for access to his/her Account.
“Project” shall refer to any activity carried out and any result achieved within performance of Grant Agreement No.101007436.
“Server” is a device or a system of connected devices, on which system software is installed to perform tasks related to storing, processing, receiving or sending information.
“Services” are the services provided on and through the iCare website, Platform, Chatbot as described in Article 2.
“the iCare website” (also referred to as “the website”, accessible via https://project-icare.eu/ is a website developed, managed, and administered by the iCare Consortium within the Project through which Users are provided with various information resources, subject of the present Terms of Use.
“Visitor” is every natural person who visits the iCare website and who does not have a registration for the events of the iCare project and does not use the contact form.
“User” is the person who registers on the website and uses the services provided on the iCare website, Platform, Chatbot. Once completing the registration, the access to the User Account by the User is performed by entering the Username and Password specified upon his/her registration.
“Web Page” is a composite part of a Website.
“Website” is a specific place in the global Internet accessible through its unified address (URL) under HTTP or HTTPS protocol, containing files, text, programmes (software), sound, picture, image, electronic links, or other material and resources.

Subject

By developing the iCare website, Platform and Chatbot, the iCare Consortium provides you with Services meeting the requirements set in the current Terms of Use.
The provided Services are to be used only upon registration. These Services include, but are not limited to, services relating to access to information in the form of text, video materials, images, contacting and maintaining communication between relevant stakeholders etc, available to you as a user on the iCare website, Platform and Chatbot.
The provided services to you do not include administration options such as moderating the website, Platform, Chatbot or removing posted or uploaded content on them, etc. Only the Admin shall have right to perform such actions as per the present Terms of Use.
Each Partner of the iCare Consortium as well as the Consortium as a whole, does not bear responsibility if you cannot gain access due to problems which are not in the control of the partners and the iCare Consortium (hardware, software issue, problems regarding Internet connection, etc.).
Due to the fact that the Services and sources provided by the iCare Consortium are various and can constantly be modified with view to their improvement and tailoring to the aims of the Project, the number and characteristics of the Services as well as the regime of Service provision may be altered at any time by the iCare Consortium.
The provision of the Services remains free of charge and the iCare Consortium will not at any time collect financial or other kind of remuneration from you.

Acceptance of the Terms of Use

The present Terms of Use apply to the relations between the iCare Consortium itself and you as a User.
With every use of the Services on the iCare website, Platform and Chatbot, including by opening a Web Page, as well as by clicking on a Link displayed on the home page or any other Web Page of the iCare website, Platform and Chatbot, you declare that you have read the present Terms of Use, agree to them and observe them.

Registration of a User

The iCare website is open to all visitors. However, only registered users are entitled to use the sources and the services provided on the iCare Platform and Chatbot. In order to use the Services, you as a User need to create a User Account by filling in the registration form.
You have to fill in the following necessary personal information fields: email address, username, first name, surname and password. You have to take all due care and necessary measures and are responsible for all actions performed by you or by a third party through the use of the respective User Account. You must immediately notify the Admin in case of unauthorised access, as well as if there is probability of such. The fields completed by you will be checked for validity, e.g. the email field to contain a proper email address, the username requested will be checked for uniqueness and you will then automatically be registered.
By submitting an application for registration, you make an explicit statement by which you declare that you have read the present Terms of Use and consent to them. The iCare Consortium may keep log files with your IP address, as well as any other information, necessary for your identification and for conducting certain services, as well as for demonstrating your consent and acceptance of the Terms of Use.
The acceptance of these Terms of Use, as well as the consent for the consequent personal data processing is a mandatory step before your registration is complete.
By registering, you declare that you are legally competent in your own jurisdiction to enter into binding agreements and that you are the person whose details are provided in connection with your User account.
The MIICT Consortium may use any such information in case legal disputes arise.

Registration of an Admin

Only an authorised person to act on behalf of a respective Partner could be registered as an Admin. In the process of registration, the person must declare that he/she is granted with the necessary authorisation. In case a person acts on behalf of a Partner without actually being duly authorised, this person shall owe compensation for all damages caused to the respective Partner, to the iCare Consortium and to any other third party as a result.
The iCare Consortium has the right to carry out at any time (prior or after his/her registration) any further actions to check and verify whether a person is duly authorised to act on behalf of a respective Partner. Each Partner of the Consortium shall have the right to immediately block the access to the Admin Account without any prior notice to that person upon being informed by the legal representative of the respective Partner that the person who uses the Admin Account on its behalf is not or is no longer a member of its team. In this case the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the person acted on behalf of it via the Admin Account, by naming another person who will act on its behalf.

Conclusion of a contract

The legal basis for usage of the Services available on the iCare website, Platform and Chatbot is a contract, concluded between you as a User and the iCare Consortium. The contract is concluded the moment you register on the website and consent to the present Terms of Use without reservation.
After registration, the Admin confirms it by sending a message to the email address specified by you during the registration process.
The term of the contract for you as a User is until the termination of the registration.

Rules regarding the use of the iCare website, Platform and Chatbot by the User

You are entitled to access the iCare website, Platform and Chatbot Content to their full extent.
You are entitled to use the Content available on the website, Platform and Chatbot for non-commercial purposes upon the approval of the iCare Consortium or by providing appropriate citation and reference.
You as a User agree, while using the Services provided on the iCare website, Platform, Chatbot:
- not to perform Malicious Actions within the meaning of these Terms of Use;
- not to use, copy and distribute Content on the iCare website, Platform and Chatbot for any commercial purposes;
- not to impersonate another person or representative of a person who is not authorised to represent or otherwise mislead the Partners or third parties with regard to his/her identity or affiliation to a certain group of people;
- to immediately notify the Admin of any case of performed or discovered violation in the use of the provided Services;
- to notify the Admin upon detection of damaged files with a view to their removal.

The Consortium may cease at any time and at its own discretion the use of the Services provided by cancelling your User registration. In this case, the Admin will suspend your access to your User Account, as well as pseudonymise any Content posted, and delete any content uploaded or stored by you on your account.

Rules regarding the use of the iCare website, Platform, Chatbot by the Partner Consortium

Each Partner of the Consortium as well as the Consortium as a whole, is responsible for maintaining and administrating the iCare website, Platform and Chatbot.
The Consortium does not have the obligation and the objective ability to control the way in which the Users use the provided Services. The Consortium has no obligation to monitor the information stored on its Servers or made accessible by the use of the Services, neither to seek facts or circumstances indicating illegal activity carried out by the User through the use of the Services.
The Consortium does not guarantee that the information accessible on the iCare website, platform and Chatbot, including the Content on it, is accurate, correct and errorless.
Upon receipt of claims of third parties that the Content uploaded on the iCare website, Platform and Chatbot violates their intellectual property rights, the Consortium shall be entitled at its sole discretion and without prior warning to suspend the access to such Content until the settlement of such dispute by an act of a competent authority. Upon receipt of an order from a competent state authority, concerning the Content, the Consortium shall be entitled to suspend the access to the respective Content without prior warning and to carry out other actions pursuant to the received order.
The Consortium is entitled without prior notice to deactivate the Password for access to the Admin Account of a particular person acting as an Admin on behalf of a Partner, in case that in Consortium’s opinion the Admin violates provisions of the applicable European and national legislation in force, these Terms of Use or the rights and legitimate interests of third parties. In such cases the Consortium shall be entitled to cancel the registration of the particular person acting as Admin and the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the respective Admin account by naming another person who will act on its behalf. The access of the Admin shall be deemed automatically terminated as of the date of cancelling his/her registration.
The Consortium is entitled without prior notice to deactivate the Password for access to the User account of a particular person acting as User, in case that in Consortium’s opinion the User violates provisions of the applicable European and legislation in force, these Terms of Use or the rights and legitimate interests of third parties. In such cases the Consortium is entitled to cancel the registration of the particular person acting as User and the respective Admin can access, manage, use or remove any Content posted, uploaded or stored by the respective User account. The access of the User is to be deemed automatically terminated as of the date of cancelling his/her registration.
Whenever the Consortium receives information, which gives grounds to assume that an User’s behaviour using the Services may constitute a crime or an administrative violation, the Consortium is entitled at its sole discretion to approach the competent state authorities and to provide them the necessary cooperation and all necessary information and material in compliance with the relevant procedure, which could be of help for identifying the perpetrator and proving the committed crime or an administrative violation.
The Consortium retains the right to suspend the provision of particular Services, accessible through the iCare website, Platform, and Chatbot, after giving a notice by publishing a communication on the iCare website, Platform and Chatbot.
The Consortium is entitled to place on each of the Web Pages of the iCare website, Platform and Chatbot Links to Websites out of the Consortium’s control. In such case, the Consortium is not liable for the content, truthfulness and conformity with the law of such Websites and resources, neither for goods or resources, which have become known to the User in the process of use of the Services, nor for the content, truthfulness and conformity with the law of the information in the opinions uploaded by them and other content.

Intellectual property

In the use of the Services, you shall have access to various contents and resources, which are subject to copyright of iCare Consortium, Partner/s or third parties indicated respectively. You shall have access to the content with a view to its use for personal needs in compliance with these Terms of Use and shall not be entitled to use, record, store, reproduce, change, adapt, publicly distribute the content, which has become accessible to you during the use of the Services, except for the cases where you have been given the explicit consent of the respective right holders or have provided appropriate citation and reference.
The intellectual property rights on all materials and resources on the iCare website, Platform and Chatbot are subject to protection pursuant to the applicable law and are held by the iCare Consortium or the respective holder of the IP right that has granted the right of use to the iCare Consortium and may not be used in violation of the legislation in force.

Liability

The iCare Consortium takes all due care that the information available on the iCare website, Platform and Chatbot will always be correct but does not guarantee the thoroughness of the content and does not commit to any deadlines for updating the information. The iCare Consortium takes due care to provide the Services for normal use to you as User, but it is not obliged to and does not guarantee that the Services provided free of charge will satisfy your expectations or that the Services will be uninterrupted and timely.
By accepting the present Terms of Use, you declare that the use of the Services provided is entirely at your own risk and liability, and the parties agree that the iCare Consortium as a whole, as well as each Partner of the Consortium individually, shall not be liable for any damages that might be incurred by you in the course of your use of the Services, unless such damages are caused by the Consortium itself or a Partner, intentionally or due to gross negligence.
The Consortium as a whole and each Partner on its own, shall not be liable for any damages caused on your software, hardware, devices and equipment, neither for any loss of data, arising from any materials or resources uploaded or used in any way through the medium of the Services provided.
The Consortium itself and every Partner individually, is not liable for non-provision of the Services due to any circumstances beyond their control – in cases of force majeure events, any problems in the global Internet and in the service provision beyond the control of the Consortium and its Partners, any problems due to your equipment, as well as in case of unauthorised access or intervention by third parties in the operation of the iCare website, Platform and Chatbot.
By accepting the present Terms of Use, you declare that you realise the possibility of any interruptions and other kinds of problems in the provision of the Internet connection to the iCare website, Platform and Chatbot that might arise irrespective of the Consortium’s due care.
The Consortium as a whole and each Partner individually, shall not be liable for the availability, quality of the services or trustworthiness of the external information provided to you by third parties and indicated in the iCare website, Platform and Chatbot by means of any reference.
The parties acknowledge that the iCare Consortium shall not be liable for the non-provision of the Services or provision of Services with worsened quality as result of tests performed under the Consortium’s order, for examination of the equipment, connections, networks and others, for the purposes of improvement and optimisation of the Services provided. In such cases, the Consortium, shall notify you in advance of the expected temporary non-provision or provision with worsened quality of the Services by publishing a relevant announcement on the iCare website, Platform and Chatbot or in any other appropriate manner.
Neither the Consortium nor any Partner individually, shall be liable for damages incurred, including loss of profit by you or any third persons arising as a result of the termination, change or limitation of the Services or the termination of the contract due to your violation of these Terms of Use or the legislation in force, or due to provision of information or execution of orders issued by competent authorities.

Indemnifications

Any Partner acting as Admin on behalf of the iCare Consortium, shall be obliged to compensate the Consortium for any and all damages incurred as a result of the use of the Services by third persons that have been provided by that Partner with his/her Passwords in violation of these Terms of Use.
The obligations of the parties under the present Section of the Terms of Use shall remain in effect even after the termination of the contract with the User, including after the termination of the activity and existence of the iCare website, Platform and Chatbot.

Termination of the registration. Termination of the contract

You as a User shall be entitled to permanently delete your account for the iCare website, Platform and Chatbot. Upon such a request the system will need one more confirmation from you and then automatically proceed with the deletion.
Besides the cases stipulated in the present Terms of Use, the contract between the parties is terminated and user personal information erased when:
- The iCare website, Platform and Chatbot are no longer active;
- In other cases, as provided by law.

Amendments to the Terms of Use

As the Services provided on the iCare website, Platform and Chatbot are various and constantly modified for the purposes of their improvement and with view to legislative changes, the Terms of Use may be unilaterally amended by the iCare Consortium.

In case of any amendments to the Terms of Use, the Consortium will notify you of such amendments by publishing them on the iCare website, Platform and Chatbot and /or by publishing an announcement containing the texts of the amendments or a Link to a Web Page containing the amendments.