TERMS & CONDITIONS
Access to and use of Divebite services are subject to the prior acceptance of these usage terms in which the users confirm being aware of and have fully accepted.
These usage terms may be consulted at anytime at the address https://www.divebite.com/terms&conditions
DiveBite service: a service which consists of an information sharing platform including the possibility to disseminate and to collect information about working conditions offered to workers by their employers.
The platform: The website hosting the Divebite service, accessible via the domain name https://www.divebite.com.
Site hosting:: Domainmasters.
Designer of the site: Kioom Designs (Pixeldrop)
The user: Anyone with an account on the platform and therefore with access to the functionalities of the Divebite service.
Publication: Any message or other content posted on the platform by the user.
Evaluation or rating: Form to assess an employer on the basis of a set of predefined criteria and whose results are posted on the platform.
The service provider provides the Divebite service to the users in accordance with the terms and conditions specified in these usage terms. The registration to the Divebite service as well as the publication and evaluation functions are free. No financial compensation is required from the user in exchange for the use of these functions. These usage terms rule all the relations between the service provider and the user during their access to the platform and their use of the Divebite service. The user expressly accepts these usage terms. It is forbidden to violate them. They acknowledge that their account may be cancelled by the service provider if the user violates the Terms.
3. Intellectual property
The user assign to the service provider, irrevocably and definitively, and without payment, their intellectual property rights of personal nature on all contents (texts, images, logos, sounds) posted on the platform. They allow the service provider to use these contents on any supports, digital or other, without territorial restriction. This assignment is granted for all the duration of intellectual property rights. In addition, they agree not to exercise their moral rights in a way that would be incompatible with the use of the Divebite service. The user agrees not to reproduce texts, images, logos, photographs or other elements protected by an intellectual property right without prior approval from the right holder. They indemnify the service provider against any claims from third parties directed against Divebite because of its publications and based on an intellectual property right. The user may not make hyperlinks or connections to websites outside the platform in their publications and assessments. The user acknowledges that the elements posted on the platform (images, texts, photographs, sounds, logos, etc) may be protected by intellectual property rights. It is forbidden to reproduce these elements or to use them in any other ways without prior approval by the service provider. The user acknowledges they have been informed that the Divebite name as well as its logo are protected by copyright and trademark law. It is forbidden to use any of these distinctive signs.
4. User account
Access to Divebite service functions involves, for each user, the creation of an individual account. For this purpose, the user must fill in a registration form in order to adapt the service and the website to the user’s specific needs. When creating the account, the user agrees to use a personal email address and a secret password. The user agrees not to share login data and not to give any third parties access to the user’s account. The user is liable for keeping login data and any use of the account confidential. The user agrees to have only one account and not simultaneous accounts. The user is the only liable for the confidentiality of the user’s password and login elements to their Divebite account. The user agrees to notify to the service provider, as soon as is aware of it, any unauthorized use of their account or any kind of violation of the security system. The user is considered to be liable for any operation from their account. Using somebody else’s account is strictly forbidden. The service provider assumes no liability to the user for prejudice suffered as a result of the use by a third party of the user’s password or account, whether or not he/she was aware of it. The user can, at any time, deletes his/her account and put an end to the contractual relationship with the service provider.
5. Use of the Divebite service
The user assumes full liability for publications and assessments when using the Divebite service. They agree to have a prudent and diligent conduct when using the Divebite service. They make sure their publications and assessments will not violate public order and morality, laws and regulations applicable in Belgium and in their host country, as well as legal or contractual duties which would apply specifically to them. By posting publications and/or assessments and by sending emails via the Divebite service, the user agrees not to transmit or disclose any information or content that would be confidential, illegal, abusive, harassing, against professional secrecy, slanderous or defamatory, insulting, hateful, racist, against public order or morality or which would undermine the rights of individuals (particularly the right to privacy, the image right, the right to a name and the right to dignity). The user assumes full liability for their publications and assessments. They shall indemnify and hold the provider harmless for any damage resulting from a publication or assessment they posted or are likely to have posted. The user agrees not to usurp the identity of somebody or to invent a false identity when using the DiveBite service. It is forbidden to post information unrelated to the Divebite service as well as to spread advertising, solicitation, promotional content, unwanted messages, spam, chain letters, pyramid selling or any kind of unauthorized or unsolicited solicitation. They will avoid to spread false or misleading information as well as to promote illegal or abusive, threatening, obscene or defamatory practices.
6. Protection of privacy
In order to ensure the smooth running of the Divebite service, the service provider must register and keep some information given by the user. For this reason, the provider processes personal data in accordance with the law of December 8th 1992 regarding the protection of privacy when processing personal data. Therefore, they agree to comply with the duties imposed by this legislation. The user expressly agrees that the service provider processes some personal data transmitted for their use of the DiveBite service, such as their email address, IP address, job, etc. The user acknowledges they have been perfectly informed by the service provider of the data processing purposes, i.e. the use of the Divebite service as described above. The provider agrees to process these personal data in accordance with the law of December 8th 1992 regarding the protection of privacy. They shall keep confidential information of any nature they received from the users or could have acquired in the context of using their service and their platform. They agree to use user personal data only for the purposes described above, i.e. provide the Divebite service; keep track of activities by the Divebite service user; analyze the use of the Divebite service by user in order to improve it; compile statistics after anonymization of data. The users may, at any time, request access to their personal data. They are thus able to correct wrong or outdated personal data. They may also contact the service provider, at the contact chapter of the website, to get the communication of their personal data as processed by the provider, as well as to ask the provider to rectify personal data, if they are inaccurate. The user may, at any time, object to the processing of some or all personal data concerning them. Data processed by the service provider is stored in the territory of the European Union. It is kept strictly confidentially and access is protected securely. The service provider cannot release these personal data to third parties, unless they have to provide them on the basis of a legal application or court injunction.
7. Notification procedure
The user acknowledges that the service provider is not legally bound to check all publications and assessments posted on the platform. For this reason, the service provider is not liable if a publication or an assessment on the platform includes an illegal or abusive content. The service provider provides a reporting service made available by using the Contact Us link in order to report any illegal or abusive content posted on the platform. The user agrees to report and to inform the service provider of an illegal or abusive content on the platform. The service provider agrees to act promptly, as soon as a message is received, in order to process the illegal or abusive information and if necessary by deleting it. Deleting content is only possible if the violation has been clearly identified, by means of the notification form, and that the reasons for this cancellation request have been explained. The user may by no means request compensation, to be paid by the service provider, in case of cancellation of a publication or assessment they would have posted on the platform.
8. Fraud and abuse
The user prohibits all kinds of fraud and abuse when using the Divebite service. Techniques such as “mail bombing”, “spamming”, flooding”, “crashing” or downloading viruses to affect the good running of the site are strictly prohibited. In case of fraud, the user account shall be removed by the service provider. The service provider reserves the right to limit or to remove access to the Divebite service for any user who does not comply with the provisions in these usage terms.
Obligations undertaken by the service provider in the context of these usage terms are obligations of means. The use of the Divebite service is at risks and dangers of the user. The service provider is not liable for a use of the Divebite service contrary to its purposes. The service provider is also not liable for mistakes, a lack of availability of information and/or viruses on the platform. The service provider’s agents, representatives, employees or any other persons related are in no way liable for the accuracy, legality or reliability of reviews, publications and assessments on the platform. Broadly speaking, the service provider does not accept any liability with regard to opinions, views or remarks issued when using the Divebite service. The provider reserves the right, if needed, to temporarily suspend access to the service for technical or maintenance reasons, without any right to claim. The provider agrees to limit, to the maximum of their available resources, this kind of interruption.
The service provider may, at any time, modify these usage terms. In case of modification of the usage terms, it will be announced at the time of its entry into force to the user. The further use of the Divebite service beyond this communication means the acceptance by the user. Should any provision of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining provisions and these provisions will remain in full force as if the invalid part of these Terms had never existed.
These usage terms and any disputes arising out of or related to the use of the platform, the Divebite service and the website will be fully governed by and subject to Belgian law.
12. The website builder/programmer (Domainmasters & Kioom Designs) cannot be held responsible for anything posted (content and/or reviews) on this website.
© DiveBite | Terms and conditions