WEBSITE TERMS & CONDITIONS (“T&Cs”)

  1. Publisher

This website (aveva.agorize.com) (the “Website”) is operated by AVEVA Solutions Limited ("the Sponsor”," “we” or “us”). 

  1. Definitions

In this document,

“Account” means the account that must be created to become a Member and access the Services offered by the Website;

"Brief" means the concise statement of the instructions and guidelines for a Challenge prepared by the Sponsor;

"Challenge" means an invitation for proposals to solve a specific problem or challenge issued by the Sponsor, who may offer an award for the winning Deliverables submitted via the Website by a Member registered to participate in the Challenge, and in accordance with the Challenge Rules;

“Challenge Rules” refers to the rules applicable to a Challenge and which are binding between the Sponsor and each Challenge participant. In the event of discrepancies or contradictions with the T&Cs, the Challenge Rules shall apply; 

“Community” refers to all Members of the Website;

“Deliverables” all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to the Website by Members in response and as a solution to a specific Challenge;

“Member” means any individual having an Account on the Website;

“Services” means all products, services, content, features, technologies or functions delivered by us via the Website; and

"Sponsor" means the company or organization that sponsors the Challenge and submits the Brief and Challenge to Members via the Website.

  1. Opening an Account
  2. Conditions 

You must be 18 years or older and by opening an Account you declare that you meet this condition. 

B. Creating an Account 

The Website allows Members to view and enroll the Challenge and to interact with other Members and the Sponsorthrough message boards, chat, email and messaging. You can view the Brief and the Challenge if you are not registered, but you cannot enroll in or participate in a Challenge without first opening an Account and becoming a Member. 

To create your Account, please complete the mandatory fields in the registration form (e.g., name, email and password). An Account activation link will be emailed to you; your Account is activated once you click on the link.

To open an Account, you must have read and accepted these T&Cs and our Privacy Notice.

C. Accuracy of Account 

You agree that your profile Account contains accurate and true information, and that you will update it, as needed.

D. Password 

You are responsible for keeping your Account password confidential. You agree to inform us if there is an unauthorized use of your Account or a security breach, such as loss or theft of your login information. 

  1. Content posted by you on the Website

You may communicate with other Members, mentors, or the Sponsor via the Website. Any information you provide on the Website, both during registration and use of the Services (such as, public message board postings, emails, chats, Deliverables, etc.) is subject to the following:

  • You agree that content posted by you will be accurate and will not: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, or (ii) violate any law (including export control, unfair competition, anti-discrimination or false advertising).

  • You are solely responsible for the content that you publish or upload to the Website, and for the transfer of technologies or information with which you are involved. The Sponsor expressly disclaims any liability or responsibility thereto.
  1. Member Rules of Conduct on the Website

There are certain rules that apply to Members. When using our Website, you agree:

  • to not submit to us or other Members, mentors, the jury, or the Sponsor false, misleading, malicious or fraudulent information;

  • to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more generally content that is contrary to the purposes of the Website;

  • to not infringe the rights and image of the Sponsor, such as its intellectual property rights;

  • to not open more than one Account on the Website or open an Account in the name of a third party;

  • to not use the Account of another Member;

  • to not try to bypass the Website, such as by trying to contact or send the Sponsor your Deliverables outside of the Website;

  • to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Website;

  • to not use any device, software or routine that could interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;

  • to not to take any action (such as, spamming) that imposes an unreasonable load on our Website;

  • to not violate the principle of confidentiality, which may exist within the framework of the Challenge; and

  • to, more generally, not to act in a way that violates the law or breaches these T&Cs.

  1. Confidentiality

Within the framework of the Challenge, you may be required to maintain certain information confidential.

You agree to defend and indemnify the Sponsor from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.

  1. Intellectual Property Rights
  2. Sponsor’s IP Rights / Limited License

This Website is operated by the Sponsor. Our proprietary or licensed software, and our materials on the Website, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Website are the property of their respective owners.

Subject to being a Member, the Sponsor grants you a non-exclusive, revocable, personal and non-transferable license, to use the Website, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Website.

You are prohibited from any other use or exploitation of the Website and its content, without the prior written permission of the Sponsor. Notably, you are prohibited from:

 

  • reproducing, adapting, distributing, publicly representing and disseminating the Website, the Brief, the Challenge and the content of the Website;

  • extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Website;

  • copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;

  • modifying or attempting to modify the Website in any manner or form, except that you have the right to modify your self-generated content on the Website;

  • framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form);

  • using any meta tags or any other "hidden text" with the Sponsor’s name or trademarks. 

 

Any unauthorized use by you which contravenes the above terminates the license granted by us.

All new versions, updates or changes to our Website or related content shall be subject to these T&Cs. The Sponsor reserves all rights not expressly granted by the present T&Cs.

  1. Limitation of liability

The Sponsor shall not be liable to you for any damages, claims, expenses or other costs you incur as a result of third party claims related to your use of the Website. Under no circumstances, shall the Sponsor be liable for any indirect or consequential damages however arising, or for any direct damages, however arising, totaling more than one hundred (100) Euros. You agree that you will be responsible for, and at the Sponsor’s request, defend the Sponsor from third party claims arising out of information you provide to the Sponsor for publication or any breach by you of these T&Cs.

  1. Account suspension, restrictions of access and termination

You can terminate your contractual relations with the Sponsor and close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting the Sponsor. The termination takes effect immediately.

If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of the Sponsor or third parties are at risk, we reserve the right to:

 

  • immediately terminate these T&Cs binding you and the Sponsor; and
  • temporarily or permanently suspend your Account.

When this is necessary, you will be notified of such measures to enable you to respond. The Sponsor will decide, at its sole discretion, whether to lift the measures put in place.

  1. Personal Data we collect and process

In using the Website and registering as a Member, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Notice.

  1. Operation, availability and functionalities of the Website

Access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

  1. Hyperlinks

Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

  1. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and the Sponsor relative to your use of the Website and the Services. 

The Sponsor may modify these T&Cs to adapt to its technological and commercial environment, and to comply with the law. Any modification to these T&Cs will be published on the Website.

  1. Applicable law

These T&Cs are governed and construed in accordance with English law.