General Terms & Conditions – Hack Belgium

1. Scope

1.1. These general terms and conditions (the “General Conditions“) are applicable to the event organized on the 26th, 27th and 28th April 2018 (“Hackathon“) by the company Hackathons BVBA, a company incorporated in accordance with the Laws of Belgium, with registered office at Co-Station, Sinter-Goedelevoorplein 5 Place Sainte-Gudule

1000 Brussels (Belgium), registered at the Crossroad Bank for Enterprises under company number 0830.741.652 – RPM Brussels Division (the “Company“).

1.2. This event aims to enhancing innovation and creativity in Belgium order to find unorthodox solutions to problems which cannot be solved by conventional means, to reimagine businesses and help build a “better” Belgium.

1.3. These General Conditions are applicable to all Hackathon’s participants (the “Participant“) and shall supersede, without exception, any and all Participants’ conditions, even if they stipulate the opposite. Participating to the Hackathon automatically entails acceptance of the General Conditions and waiver of the participant’s own terms and conditions. There are four categories of Participants: individuals holding tickets (“Individual Participants”), organizations who provide support in funds (“Partners”) or kind (“Supporters”), and invitees such as experts, mentors, exhibitors, etc. (“Invitees”), all of which may be individuals or organizations. (“individuals” are natural persons, “organizations” are any kind of legal entity that is not a natural person, such as companies, not-for-profit associations, etc.).

2. Interpretation

2.1. No provision of these General Conditions shall be interpreted adversely against a party solely because that party was responsible for drafting that particular provision.

2.2. Words denoting the singular shall include the plural and vice versa. Grammatical variants of a defined term shall have the meaning set out in the relevant definition as adjusted to reflect reasonably the variance and the context of the use of the variant. The words “include”, “included” or “including” are used to indicate that the matters listed are not a complete enumeration of all matters covered. References to articles are references to articles in these General Conditions, unless indicated otherwise. The headings in these General Conditions are for construction purposes as well as for reference.

2.3. These General Conditions are drawn up in the English language. If these General Conditions are translated into another language, the English language text prevails.

3. Payment

3.1. The registration fees are specified in the registration document are fixed, final and irreversible, and expressed in euro. The invoices shall be sent to the billing address and according to any specific billing instructions specified when registering or afterwards in writing.

3.2. In case of cheating or infringement of the participation’s rules or of any obligation contained herein, the Company shall be entitled to, at any time, cancel the Participant’s participation. In that event, the registration fees will remain definitively acquired by the Company.

3.3. If the Participant fails in his/her obligation to pay on time, he/she will not be allowed to attend the Hackathon. The Company shall be entitled at any time to apply, by operation of law and without the need for any proof of default, a lump sum damages of 15% of the unpaid registration fees, with a minimum of 50 EUR.

4. Hardware & IT Tools

4.1. A Wi-Fi connection will be made available to the Participant throughout the duration of the Hackathon.

4.2. The Participant shall bring his/her own hardware (i.e. computer, extension cord, power bars, etc.) and software whatsoever (“Hardware“).

4.3. The Participant shall be solely responsible for his/her Hardware. The Company disclaims and could never be deemed liable or responsible in the event of theft, loss or deterioration of Hardware.

4.4. The Company is likely to lend equipment or connected objects (“IT Tools“) to the Participant during the Hackathon. The Participant hereby acknowledges that the aforementioned IT Tools remains the sole Company’s property.

4.5. The Participant waives any claims for defective products/software/wires etc. related to the IT Tools put at his/her disposition by the Company, other Participant or third parties.

 5. Intellectual Property Rights

Hack Belgium is an Open, Contributive event. To ensure that Hack Belgium remains an Open and Contributive event, the following five principles apply:

  • Everyone keeps what they own already

All participants have or may have pre-existing Intellectual Property Rights. This can be ideas, know-how, trade secrets, copyright in code, sometimes even a patent or an application, and brands, logos and similar stuff.  We call this “Pre-Existing IP”.

All Pre-Existing IP remains owned by its owner, and nothing that happens during Hack Belgium can be considered as a transfer or assignment of such Pre-Existing IP.
In addition, the fact of showing something that is covered by an IP right (say, showing some code that is covered by your software copyright) does not imply that anyone can copy that or use it freely without your approval – you retain your Pre-Existing IP on that.

  • Hack Belgium is an open, public event

Please be aware that Hack Belgium is an open, public event. Any information uploaded in an application, discussed in a group or even private meeting, or otherwise shared, is to be considered disclosed to a public space. This means that if you are under a duty of confidentiality of certain information, you should not disclose that during Hack Belgium. This does not prevent anyone from signing a specific confidentiality agreement for specific, identifiable, information that is otherwise not communicated to any other Participant.

That being said, it is important to understand that generic ideas are almost never covered by IP or protectable. Only as the idea gets more specific and starts being converted into an actual application, IP protection will start to apply.

  • Attribution is essential

Throughout the event, teams will develop ideas. The content of ideas as well as the persons making up the teams may, and probably will, change throughout the event.

Ideas can be tracked and managed throughout the event through the functions of the Hack Belgium application (mobile or web). Not later than at the end of the event, both the idea and the identity of the individuals who have contributed to it will be finally identified in the application.  It is important that all individuals who contribute to an idea get a fair mention. For the purpose of this attribution, every contributor’s share is considered equal.

The effect of attribution is NOT to allow any contributor to block the use of a particular idea to which they have contributed, but rather to allow all contributors to that idea to use and develop it further.

  • Different categories of Participants

These rules apply to all categories of Participants and to all individuals that participate either in their own name or on behalf of an organization.

However, any Organization (Partner, Supporter or Invitee) that participates in Hack Belgium, commits in addition, that if an idea is developed into a commercial product as a direct consequence of Hack Belgium, each individual who has contributed to that particular idea:

  • gets appropriate name recognition; and
  • is invited to share the benefits of such commercial development on a reasonable basis; this can include being offered to work on it against payment or sharing in some of the proceeds on a reasonable basis.

If an Organization does not comply with these requirements, Hack Belgium is entitled to make public statements about that Organization’s lack of respect with these requirements, without incurring any liability towards that Organization.

  • No verification or liability for IP

Hack Belgium will not police or verify whether Participants have the appropriate rights to participate in the event from an IP perspective, nor will it take on any liability in respect of any breach or alleged breach of any Intellectual Property Right by or from any Participant or any third party.

Equally, Hack Belgium has no liability in respect of the IP of any of the ideas mentioned, generated or attributed throughout the event.

For the purposes of these General Conditions, intellectual property rights shall means (i) copyright, patents, database rights and rights in trade marks, designs, know-how and trade secrets (whether registered or unregistered), (ii) applications for registration, and the right to apply for registration, for any of these rights and, (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world (“Intellectual Property Rights“).

6. Costs & Expenses

The Participant acknowledges that all various costs or expenses directly or indirectly related with the participation to the Hackathon will remain the sole responsibility of the Participant.

7. Limitation of Liability

7.1. Without prejudice to limitations defined herein above, the Company shall not be liable for (i) any late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission, (ii) Wi-Fi connection, telephone system, telephone or Hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors, (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials, (iv) any injuries, losses or damages of any kind caused by participating to the Hackathon and, for (v) any printing, typographical, administrative or technological errors in any materials associated with the Hackathon.

7.2. The Company disclaims any liability for damage to any device resulting from participating in, or accessing, uploading or downloading information in connection with this Hackathon.

7.3. The Company reserves the right, in its sole discretion, to cancel, modify or suspend the Hackathon should a virus, bug, computer or phone problem, unauthorized intervention or other causes beyond the Company’s control, corrupt, threatened the administration, security or proper running of the Hackathon.

7.4. The Company waives any liability, in case of modification, shortening or cancellation of the Hackathon due to force majeure or event beyond its control. In that event, the registration fees will remain definitively acquired by the Company.

7.5. The Company reserves to right to extend or reschedule the Hackathon.

8. Personal Data

8.1. The Participant agrees with the registration and the processing by the Company of the personal data with regard to himself/herself, his/her staff, employees, agents and/or representatives (“Personal Data“), under the condition that this only concerns Personal Data obtained within the scope of the Hackathon, and that the processing of said Personal Data is carried out only for the means of the Hackathon, the promotion and development of the Hackathon’s products and services, the establishment of personalized information campaigns and direct marketing, including via email.

8.2. The Participant hereby consents to such use and communication Personal Data by the Company and entities related with it for these purpose, or to any other person pursuant to a legal obligation or in the event of a legitimate interest. This approval also applies if the communication to the abovementioned persons would take place to countries outside the European Union, whether or not they offer guarantees for an adequate level of protection.

8.3. The access to the Personal Data shall be restricted to the persons requiring them for the fulfilment of their tasks.

8.4. The Participant, his/her staff, employees, agents and/or representatives have a right of access to Personal Data’s concerning them, as well as a right to adjust incorrect Personal Data’s. They also have the right to oppose to the processing of Personal Data concerning themselves, at their request and free of charge, insofar the processing takes place for commercial prospecting or direct marketing purposes. The Participant shall inform his/her staff, employee’s, agents and/or representatives of the contents of present clause and shall make out a case for their approval.

8.5. The Company is the controller of the abovementioned Personal Data in the way of article 2, d) of Directive no 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data[1].

9. Use & Image Rights

9.1. The Participant grants the Company, without any compensation, the right to use his/her image, his/her last name, first name and brief descriptions of the project led by the Participant or his/her team for commercial or internal/external publications’ purposes in the framework of the Hackathon (“Use“).

9.2. This Use includes collection, storage, retention, unlimited reproductions, publications and distribution in printed, electronic and digital media, including, but not limited to, advertising and brochures, video and audio broadcast programs, and website, social media and online communications worldwide and for a ninety-nine (99) years duration starting as from the Hackathon’s registration.

9.3. Unless prior written consent of the Participant, the Company may not disclosed (i) the professional address and, (ii) the full content of the presentations made during the Hackathon by the Participant.

9.4.The Participant hereby releases, waives and discharges the Company, its director, employees, representatives and/or independent contractors from any and all demands, claims, causes of action, damages and liabilities directly or indirectly arising out of the Use pursuant to the foregoing rights granted.

10. Miscellaneous

10.1. Any provision in these General Conditions which is void or inapplicable shall have no effect on the validity of the other provisions. In such a case, each party shall use its reasonable best efforts to immediately negotiate in good faith a valid replacement provision having a similar economic effect which is as close as possible to that of the invalid, void or unenforceable provision.

10.2. Any waiver by the Company to avail all or part of these General Conditions at any given time cannot be construed as a waiver to invoke it later.

10.3. All notices to be made under these General Conditions shall be given in writing by registered mail or email confirmed by registered mail or express courier service.

11. Jurisdiction and Governing Law

11.1. These General Conditions are governed by and shall be construed and interpreted in accordance with the Laws of Belgium excluding any stipulations of private international law that would result in foreign law to be applicable.

11.2. Any dispute arising from the interpretation, implementation and cancellation of these General Conditions shall be submitted exclusively to the jurisdiction of the Courts of Brussels – Division Brussels.

[1] The right of access to the data and the right to adjust the data, as well as the right to oppose in this article will be granted under the restrictions of the laws of the Belgium.

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