1. General
Welcome to Ellie.Connect
(www.ellieconnect.com) (hereafter “Platform”). These Terms of Use (hereafter “Terms of Use”) apply to the use of the Platform and of all the services that are made available via Ariadne Innovation NV (hereinafter referred to as “Services”) and that are further described in these Terms of Use.
By using this Services, you accept these Terms of Use provided by Ariadne Innovation NV, having its registered office at Wolvendreef 73, 8500 Kortrijk and registered with the register of legal entities of Gent (division Kortrijk), under number 0754.797.382 (hereinafter “Ariadne Innovation” or “we”).
Please note that the Platform is powered by DataScouts Market & Competitive Intelligence Platform (hereafter “DataScouts”). Before you register on the Platform, you must first read and accept all the terms and conditions contained in, and linked to, these Terms of Use and the Terms of Use of DataScouts.
These Terms of Use constitute a legally binding agreement between you and Ariadne Innovation in relation to the use of our Services.
2. Acceptance of the terms
By clicking “[Register]” and/or otherwise accessing the Platform or using any of the Services, you represent that you have the legal authority and legal capacity to accept these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Platform and/or any Service(s).
By accepting these Terms of Use, you also agree that the use you will make of our Services, can be governed by separate terms of use or terms of use from third party service providers which you will also need to accept in order to make use of their services.
Any usage of any of the Services must always be done in accordance with all applicable legislation and in a safe and secure manner.
You acknowledge and accept that any use of our Services, is at your sole responsibility and risk, and that Ariadne Innovation is not liable for any damages you may incur or cause to third parties in connection with such use.
3. Your Account
You can register on the Platform through the registration button on the Platform.
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer or mobile device to prevent unauthorized access to your account.
You must ensure that all details provided to us are correct and complete. You also have to inform us immediately of any changes to the information provided to us upon registration. You can access and update the information provided to us in your profile on the Platform.
You can delete your account at any time without providing us with a reason. Ariadne Innovation reserves the right to refuse access to the Platform, terminate your account, remove or edit content at Ariadne Innovation’s discretion.
4. Content
You represent and warrant that:
- You have the right to post, share or upload content on the Platform;
- The uploaded content will not infringe upon, misappropriate or otherwise violate the rights of any natural or legal person (including but not limited to trademark rights, copyrights, publicity rights and other intellectual property rights) or any laws;
- The uploaded content does not contain anything inappropriate, defamatory, slanderous, obscene or hateful.
- You are fully responsible and liable for all the content you upload on the Platform.
You will indemnify and hold Ariadne Innovation and DataScouts harmless from and against any and all third-party claims, actions or proceedings of any kind and from all damages, liabilities, costs and expenses relating to any (alleged) breach of any of these representations and warranties.
5. Services
On the one hand Ellie.Connect facilitates via the Platform the possibility to:
- Create a company profile
- Create a product portfolio
- Use the ecosystem map
- Get updates on new actors, products, announcements and challenges
- Post public or private challenge
- Reply to public or private challenges
- Follow and access the market intelligence
[In this respect the Platform will act as intermediate network whereby stakeholders are invited to explore the ecosystem, share knowledge and establish new connections with other manufacturers and buyers in the textile and fashion industry.]
More information can be found at www.ellieconnect.com/info
6. Costs
The access to and use of the Platform and Services is not free of charge.
There are 3 packages to access the Platform available:
- “Inspire” package: free of charge
- “Inform” package: 99 EUR per month, excluding VAT
- “Connect” package:199 EUR per month, excluding VAT
All packages are, unless otherwise agreed, billed annually.
The fee for the use and access of the Platform and Services will be charged in accordance with the payment methods as set out below.
The preferred payment method is credit card.
However, a manual invoice payable by bank transfer can be generated on specific request of the customer.
All manual invoices from Ariadne Innovation are payable on the due date stated on the invoice. If no due date is mentioned, the invoiced amount is payable within 30 days after the invoice date. Payment is made by bank transfer to one of the bank accounts indicated on the invoice, mentioning the invoice number. Any protest of the invoice must be made my registered letter addressed to the registered office of Ariadne Innovation within 8 days after receipt of the invoice. In the event of non-payment or incomplete payment of the invoice at due date, the customer shall be liable ipso jure and without prior notice for interest on arrears at the rate of 12% per year from the data of the invoice. Where applicable, this interest shall be calculated pro rata temporis. In the event of non-payment or incomplete payment of the invoice within the agreed period, a fixed compensation of 10% of the invoice amount will be charged, with a minimum of 125,00€, without prejudice to the right of Ariadne Innovation to claim higher damages. In case of non-payment of the invoice, Ariadne Innovation is entitled to suspend any further execution of the agreement.
For the handling of payments, Ariadne Innovation uses the software of Third Party Provider Stripe. Each user will be asked to accept the Stripe Terms of Use before any registration for a paying subscription or payment is possible.
All payment information provided is not stored on the Platform or DataScouts servers, but is directly processed by Stripe, taking into account the needed privacy measures.
Any other costs, for example the costs made due to the use of telecommunications, internet or other media will be at your own expense.
7. License for access to the Platform
Ariadne Innovation grants you a limited license to only access and make professional use of the Platform in accordance with these Terms of Use and the Terms of Use of DataScouts. You are not allowed to modify the Platform, or any portion of it in any way.
This license does not include:
- Any re-sale or commercial use of the Platform or its content;
- Any collection and use of any product listings, descriptions or prices;
- Any derivative use of the Platform or its content;
- Any downloading or copying of account information for the benefit of another merchant; or
- Any use of data mining, robots or similar data gathering and extraction tool
The Platform or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior explicit written consent of Ariadne Innovation and DataScouts.
You are not allowed to undertake any of the following action, including but not limited to:
use any meta-tags or any other “hidden text” utilizing Ellie.Connect ‘s or its affiliates, service providers’ names or trademarks without the explicit written consent of Ariadne Innovation and DataScouts or as the case may be of the respective service provider;
- Act dishonestly or unprofessionally by engaging in unprofessional behavior;
- Attempt to or actually override any security component;
- Zemove any copyright, trademark or other proprietary rights notices;
- Collect, use or transfer any information, including but not limited to, personally identifiable information.
Any unauthorized use terminates the permission or license granted by Ellie.Connect and DataScouts.
8. Trademarks
All marks indicated on the Platform are trademarks or registered trademarks of Ariadne Innovation or of Datascouts and valid in the European Union and/or other jurisdictions.
Ellie.Connect ’s graphics, logos, page headers, button icons, scripts and service names are the trademarks of Ariadne Innovation. Ellie.Connect ’s trademarks may not be used in connection with any product or service that is not Ellie.Connect ’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Ellie.Connect. Ellie Connect ’s trademarks can only be used after having received prior written approval of Ariadne Innovation and having signed a proper license agreement.
All other trademarks not owned by Ariadne or Datascouts that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ellie.Connect. These trademarks may also not be used without the prior written approval of the respective owner.
9. Service providers
Service Providers are 3rd parties other than Ariadne Innovation and its subsidiaries that provide services through the Platform via the service provider its own external website. Ellie.Connect is not responsible for examining or evaluating these external services. Furthermore, Ellie.Connect does not warrant the offerings of any of these services provided by the respective service providers.
Ariadne Innovation does not assume any responsibility and/or liability for the services and actions of any of the service providers.
The current version of the Ellie.Connect platform is using the external services of DataScouts, Stripe and Xperify.
10. Warranties
To the fullest extent allowed by applicable law, Ariadne Innovation offers the Platform and Services which include the accessible content “as-is” without any representations or warranties concerning the Services, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement with regard to the Platform and Services and the content available.
You understand and agree that Ariadne Innovation has no control of the availability of the Platform and that Ariadne Innovation does not warrant that the (i) Platform and (ii) Services made available will be uninterrupted, error-free, or free of viruses or other harmful components.
You understand and agree that Ariadne Innovation does not warrant or make any representation regarding the use of the Platform or content in terms of accuracy, reliability, or otherwise.
11. Liability/Damages
Ariadne Innovation will not be liable, insofar as allowed under applicable law, for (a) any technical problems attributable to internet, data or other third party service providers (including without limitation slow internet connections or outages); and/or (b) any issue that is attributable to your hardware or service or your internet or data service; and/or(c) content posted by you on or available through the Platform or Service via external service provider.
The liability which Ariadne Innovation may incur derives from a ‘best endeavor’ obligation and you will have to provide proper proof of such liability.
Except in case of death or personal injury caused by Ariadne Innovation negligence, Ariadne Innovation shall have no liability, insofar allowed by applicable law, for any loss or any indirect, special, punitive, incidental, actual, consequential, exemplary, or other damages, including but not limited to the loss of revenue, profits or income, or other damages incurred or suffered by you or any third party arising out of or related to the provision of the Platform and/or Services, and the total aggregate maximum liability of Ariadne Innovation under or in connection with the use of the Platform and/or Services shall not exceed the amount paid within a period of 12 months fee for the use and access of the Platform and Services prior to the incident giving rise to the liability.
In no event shall Ariadne Innovation be held liable for damages caused by the fault, mistake or negligence of you nor bear any liability and responsibility towards any services that are provided by the respective service provider through the Platform.
12. Indemnification
Ariadne Innovation will be indemnified by you with respect to any and all claims, costs, losses and damages alleged by any third party against Ariadne Innovation due to any violation made by you of a legal provision, third party rights and/or these Terms of Use.
13. Personal Data
Ariadne Innovation is dedicated to protecting the information and (personal) data it collects through the Platform and via the Services in compliance with its privacy policy and the applicable privacy legislation (including but not limited to the General Data Protection Regulation 2016/679 and the Belgian law of 30 July 2018 relating to the processing of personal data). Please review our privacy policy to learn more about how we process, collect, use, share, protect and process personal information we have obtained.
With respect to the protection of your personal data and processing of your personal data when making use of external services you need to review the privacy policy of the respective service provider.
For sake of completeness, please note that Ariadne Innovation is not responsible and can therefore not be held liable for the protection of your personal data and processing of your personal data when making use of external services provided by other service providers.
Ellie.Connect will only facilitate the possibility to make use of these services by linking you via the Platform to an external website or platform of the service provider.
We refer you to the privacy policy of Stripe, of Xperify and of Datascouts as third party providers.
14. Termination of Agreement
Unless expressly provided otherwise in the written agreements with Ariadne Innovation, Ariadne Innovation may, in the event of gross default by the customer, terminate an agreement with the customer outside of any judicial intervention, with immediate effect and without notice. A gross default will include, but not be limited to, the following
(i) if the Customer violates the applicable license and or terms of use of the Software, (ii) the Customer infringes upon Intellectual Property Rights(iii) the Customer uses the Software for unlawful or illegal purposes(iv) the Customer uses the Software for the transmission of viruses, material with promotional or commercial purposes, illegal or unlawful material or material contrary to public order or morality(v) the Client uses the Software used or in such a way as to damage, alter, interrupt or in any way reduce the efficiency of the Software.
In addition, Ariadne Innovation may, without compensation, terminate the agreement with immediate effect, without court intervention, by written notice to the Customer, in whole or terminate in whole or in part, if:
(i) the Customer is in a state of bankruptcy, sequestration, dissolution or liquidation;(ii) an invoice from Ariadne Innovation 30 days after the expiry of the payment deadline provided for in article 8 of these general conditions has remained unpaid.
After termination of an agreement, the Customer shall remain bound at all times by the provisions relating to Intellectual Property and confidentiality.
15. Changes
We may unilaterally agree to change, remove or add clauses to the Terms of Use. When the Terms & Conditions are modified, they shall be uploaded and marked with the revision date.
If the modifications are material, reasonable efforts will be made to notify you of the material modifications.
Unless otherwise specified, all revised, modified and new Terms of Use shall take effect immediately and are applicable to the Platform and Services, except material changes which shall take effect 10 calendar days from the date of notification.
16. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.
17. Severability
If any part of the Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
18. Waiver
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you would breach these conditions.
19. Governing law and jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Belgium. You agree, as we do, to submit any dispute to the exclusive jurisdiction of the courts of Gent (division Kortrijk) (Belgium).