1. Introduction and scope
Become Digital is a platform from UQalify, a registered trademark of UQ Works NV. These terms and conditions govern your use of the Become Digital platform. By using the platform, you agree to these terms and conditions in full and they form part of your contract with us to provide the digital platform and related services. If you disagree with these terms and conditions or any part of these terms and conditions, please do not register, subscribe or use the Become Digital platform. If you previously have been prohibited from accessing or using our platform and services, you are not permitted to access or use them.
We make no claims or representations in relation to the outcome of the tests and analyses of the Become Digital platform. The outcome should not be regarded as or relied upon as being a comprehensive or accurate opinion or assessment concerning your different skills and knowledge you have mastered nor which job or training suits you best. All is provided for information purposes only. Where you have any concerns arising out of your use of Become Digital platform you should seek appropriate professional advice.
We will not be liable for the consequences of any decisions that are made once you have used or read the content of Become Digital platform.
Whilst we provide texts of the platform in different languages, the accuracy of such translations is not guaranteed. The official text is the Dutch version of the platform. Any discrepancies or differences created in the translation to other languages are not binding and have no legal effect for any purpose. If any questions arise related to the accuracy of the information contained in the non-Dutch versions, please refer to the Dutch version which is the official one.
Please note that these terms and conditions may be amended from time to time to update them to reflect changes in the law or our commercial and business practices. Notification of any changes will be made by posting new terms onto the Become Digital platform. In continuing to use the platform you confirm that you accept the then current terms and conditions in full at the time you use them.
If you object to any change you have the right to cancel your use of the Become Digital platform. At any time you have to possibility to delete your account and all saved data will be erased.
2. Account registration and use
If you have confirmed in writing that you have the authority to make decisions on behalf of a company, you represent and warrant that you are authorized to make decisions on behalf of the company and agree that we are entitled to rely on your instructions.
You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by us or a third party due to someone else using your account. In the event that the someone loses access to an account or otherwise requests information about an account, we reserve the right to request any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
If we have reason to believe that there is likely to be a breach of security or misuse of the Become Digital platform through your account or the use of your password, we may require you to change your password or we may suspend your account.
We reserve the right to suspend or cancel any registration at any time where it is reasonable for us to do so, including where you are not in compliance with these terms and conditions.
3. Our proprietary rights
Subject to your compliance with these terms and conditions, unless otherwise stated, we own the intellectual property rights in the Become Digital platform including but not limited to copyright and associated moral rights, trade marks, get-up, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. All these intellectual property rights are exclusively reserved.
Without prior consent from us you must not:
- reproduce, translate or reverse engineer material from the Become Digital platform (including republication or other reproduction or communication without consent);
- sell, rent or sub-license material;
- communicate any material to the public;
- reproduce, duplicate, copy or otherwise exploit material for a commercial purpose;
- edit or otherwise modify any material;
- redistribute material except for content specifically and expressly made available for redistribution; or
- reproduce any intellectual property rights of third parties without the consent of those parties.
4. Acceptable use
You must not use the Become Digital platform in any way that causes, or may cause, damage or impairment of the availability or accessibility of the platforms; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Become Digital platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Become Digital platform without our express written consent.
You must not use the Become Digital platform for any purposes related to marketing, without our express written consent.
You are solely responsible for any content that you publish on the Become Digital platform or communicate to others. You will not post on the platform, or transmit to other users:
- Anything inaccurate, defamatory, abusive, obscene, offensive, profane, sexually oriented, threatening, harassing, misleading, racially offensive or unlawful;
- Anything that promotes any false or misleading information to users;
- Anything which involves or encourages illegal activities; or
- Anything that solicits passwords or other confidential information.
You agree that you shall not:
- Bully, intimidate, or harass any of the users of the Become Digital platform.
- Do anything to disable or impair the proper working of the Become Digital platform.
- Do anything to suggest, express or implied, that statements made by you are endorsed by us.
- Impersonate any other person in any profile whether or not that other person is a user of the Become Digital platform.
5. Unsolicited idea submissions
We do not accept or consider unsolicited ideas, including but not limited to creative proposals, ideas for new, enhanced or improved products, technologies or services, marketing campaigns, promotions, processes, materials, artwork, plans, strategies, theories or product names. Please do not submit any unsolicited ideas, articles, original creative artwork, suggestions or other works in any form to us.
The sole purpose of this section is to simply avoid potential disputes when our platforms or business strategies might seem similar to unsolicited ideas submitted to us. If, despite our request that you not send us any ideas or suggestions, you still choose to submit them, then regardless of what your letter, comment, e-mail or any other form of communication says, you agree and understand that the following terms will apply to your submissions:
- your submissions will automatically become our sole property, without any compensation to you, and we will have no obligation of any kind to you or anyone else with respect to your submissions;
- we will be free to use or redistribute the submissions in any way and for any purpose, including but not limited to developing, acquiring or advertising products or services competitive with those mentioned by you;
- there will be no obligation for us to review your submissions or develop your ideas;
- no confidential relationship or obligation of secrecy will be created between you and us by your submission and its consideration by us – everything you submit shall be deemed to be non-confidential and non-proprietary. We shall be free to use any information you submit on an unrestricted basis, whether or not we were working on similar ideas, products or technology prior to receiving your submission.
We do welcome your feedback. However, please do not include any ideas that this policy will not permit us to accept or consider.
6. Limited Assurances/Warranties
We do not make or give any assurance as to the completeness or accuracy of the information published on the Become Digital platform or in any of the items we link nor do we commit to ensuring that the platform remain available or that the material is kept up to date. The Become Digital platform is provided on an ‘as is’ basis and we reserve the right to suspend the platform and our provision of any services at any time without notice.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Become Digital platform and the use of it (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill) other than those set out in these terms and conditions. Where you use the Become Digital platform you confirm that you are solely responsible for any actions or decisions made as a result of such use. We make no representations nor give any assurances as to the accuracy of anything.
Where the Become Digital platform contain links to third party websites we make no representation in relation to the content contained on third party websites and you agree to use these websites at your own risk. We will not form part of any agreement or contract with any third party website you visit through our website.
7. Limitations and exclusions of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Accordingly nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms and conditions or in relation to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, including but not limited to industrial action, labor shortage, failure of our suppliers, natural disaster, transport disruption or failure, legislative or governmental intervention, or any other cause beyond our reasonable control (“Force Majeure”).
To the extent that you use the Become Digital platform for business use we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable for any commercial or human resources decisions made in connection with the use of the platform nor will we be liable for any liability in relation to employment disputes including but not limited to wrongful and unfair dismissal. The information we provide cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues. Our content should always be used in conjunction with other information and advise.
You should ensure that any decisions made or implemented by you based on the information offered by the Become Digital platform, are made taking into account other factors (apart from the information we provide) and you should ensure that you have consulted relevant professionals.
We will not be liable to you in respect of any emotional or mental distress or other harm in connection with using our platform except to the extent that such damage is caused by our negligence.
We will not be liable to you in respect of any loss or corruption of any data, database or software (but this does not affect your statutory rights).
We will not be liable to you in respect of any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Any decisions made or actions taken by you on the basis of information provided on or via the Become Digital platform are at your sole discretion and risk. You should obtain professional advice where necessary.
In the event that you have a dispute with any other user or company arising from their use of the Become Digital platform, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
You agree to fully compensate us in respect of any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us on a full indemnity basis arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
9. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Become Digital platform, blocking computers using your IP address from accessing the platforms, contacting your internet service provider to request that they block your access to the platforms and/or bringing court proceedings against you.
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the Become Digital platform from the date of publication of the revised terms and conditions on the platform.
We may transfer our contract with you to someone else: we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. We will ensure any such transfer does not deprive you of your rights under the contract.
You need our consent to transfer your rights under this contract: you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without first obtaining our consent.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13. Exclusion of third party rights
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14. Entire agreement
15. Delay in enforcing this contract
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16. Law and legal proceedings
These terms and conditions are exclusively governed by Belgian law. In the event of disputes, which cannot be settled amicably, the judge of UQ Works NV principal place of business is competent to the exclusion of any other court. Nevertheless, we are also authorised to bring the dispute before the court of your place of residence. For companies we are also authorised to bring the dispute before the court of the main or subsidiary place of business for companies.
17. Our details
UQ Works NV, a limited liability company with registered office at Bouwensstraat 21 in Antwerp and company number BE0669 828 154. It’s a Belgian company that is part of the UMAN360 group.
These terms and conditions were last updated on 24 March 2022