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Terms and Conditions

PREAMBLE

The owner of this app, Jugendhaiser JUKI ASBL, is a non-profit organisation under Luxembourg law with its registered office at 15, rue de Mamer, L-8280 Kehlen (Luxembourg), registered in the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés) under number F2529.

The organisation’s objectives include designing, creating, administering and/or managing digital educational services, such as digital platforms aimed at connecting all people interested in participating in a socio-educational, cultural or sporting community.

The CLOSER General terms and conditions set out the rules of use and access to the app published by Jugendhaiser JUKI ASBL.

By registering with CLOSER, the user unconditionally and unreservedly accepts the entire content of these General terms and conditions of use. Neither registration nor use of the functions offered by CLOSER is possible without acceptance of these General terms and conditions.

Jugendhaiser JUKI ASBL reserves the right to modify all or part of the General terms and conditions of use at any time in order to adapt them to technical developments and thus to the deletion, modification or addition of new functions to CLOSER, as well as to developments in Luxembourg and/or European law or case law. The applicable General terms and conditions of use are always those that are accessible at the time the user connects to CLOSER. Jugendhaiser JUKI ASBL advises the user to regularly consult the latest version of the General terms and conditions of use.

Users of the app will be informed of any significant changes to the General terms and conditions of use. If a user objects to the amended version of the General terms and conditions, Jugendhaiser JUKI ASBL has the right to delete the user account in question.

ARTICLE 1 – DEFINITIONS

In order to avoid any misinterpretation of the terms used in these General terms and conditions of use, the following words and terms are defined as follows:

GTC refers to the General terms and conditions of use of CLOSER.

App refers to the CLOSER mobile app.

Basic version refers to the general version of CLOSER, which allows every user to send files of up to 30 gigabytes free of charge. For residents of participating municipalities, the basic version of the app can also include 10 gigabytes of cloud storage. The storage space included in the basic version may vary for residents of participating municipalities depending on the agreement between JUKI and the respective municipality.

User means a person of legal age or underage who has downloaded the app and uses the functions offered by CLOSER.

Cookies are small text packages with different information that are stored on the user’s end device.

CLOSER refers to the mobile app published and provided by Jugendhaiser JUKI ASBL, which is available free of charge in the Apple App Store (iOS), the Google Play Store, on the Android website and on the official CLOSER website (www.closer.lu) for users to download to their Apple iOS and/or Android device.

Services refers to the various functions and services offered by CLOSER.

Publisher refers to Jugendhaiser JUKI ASBL.

Content refers to the entire editorial and visual content, as well as the structure of the app.

JUKI refers to the owner of the app – Jugendhaiser JUKI ASBL.

QR code refers to a two-dimensional, electronically readable code that can be used to store information and can be scanned and read using smartphones and tablets.

Organiser refers to a user of the app who has organised an activity or event using the functions provided by CLOSER.

ARTICLE 2 – OBJECT OF THE APP

CLOSER is a digital platform that enables its users, among other things, to socialise and organise private, public and virtual events. The aim is to connect people in general, but also within certain social and educational frameworks, using the information and adverts provided by CLOSER. CLOSER offers users the following services, which are not exhaustive:

-get in touch with other users using a chat function, among other things;

-organise virtual events;

-organise private and public meetings with other users, with or without the information and infrastructure provided by cooperating municipalities;

-post various adverts (job search, job vacancies,…).

ARTICLE 3 – AVAILABILITY OF THE APP

CLOSER is made available to users free of charge in Apple’s App Store (iOS), in the Google Play Store, on the Android website and on the official CLOSER website (www.closer.lu). Only the costs for a device compatible with the app, the contract costs of the mobile phone operator, as well as the connection costs and access to the Internet must be borne by the user.

The free provision of the app is without prejudice to the flat-rate price to be paid by those municipalities that are virtually integrated into the app, actively participate in the development of CLOSER and wish to offer their residents a secure cloud storage space.

Unless an event beyond JUKI’s control occurs and subject to both announced and unannounced software updates or other programming work on the app, CLOSER is continuously accessible to the user.

ARTICLE 4 – ACCESS CONDITIONS

4.1 CREATING AND REGISTERING THE USER ACCOUNT

In order to access the CLOSER functions, a one-off registration is required, during which the user must provide the following information:

-First name and surname

-Date of birth (minimum age: 12 years)

-Gender

-Telephone number with European dialling code

-Residential address

The QR codes required to create a user account are made available to any interested person on the premises of JUKI, as well as in the main building of the participating municipalities and their respective youth centres, and other organisations selected by JUKI. The assigned QR codes are scanned by JUKI or the municipality, whereupon the future user of the app must complete the registration on his/her own mobile phone or tablet using the password assigned to him/her by scanning the QR code. If the password provided by the QR code is lost before registration is completed, JUKI reserves the right to charge the person concerned for the provision of a new QR code at a cost of EUR 5 (five).

Before creating a user account, the user is advised that all information required for the creation of the account must be correct, complete and up-to-date. The use of fantasy names, pseudonyms and other false and/or fictitious information is not permitted. Furthermore, the user is obliged to update all the information required to create the user account if necessary.

In the event that personal information is not provided truthfully, JUKI has the right to reject the user and to block the user account in question with immediate effect and without prior notice. In this case, the user has the right to contact JUKI and request notification of the reasons for blocking the account. If the user corrects the information he/she has provided, the user account can be reactivated by JUKI.

With regard to the minimum age of 12 to use the app, it should be noted that this age limit does not apply to the use of the app by primary schools in participating communities, where teachers may allow access to a strictly limited version of CLOSER for those under the age of 12.

4.2 GEOLOCALISATION

The user is informed before creating the user account that the use of the app is subject to consent to location determination. CLOSER collects the user’s location data; this includes the selected place of residence, the location from which the user is currently logging in and/or the GPS position in order to optimise the functions provided by the app.

The home addresses of other persons are only visible to users who have consciously consented to the disclosure of their own address.

The user’s location data makes it possible to optimise the use of CLOSER by using it to network the user with people in his/her vicinity.

ARTICLE 5 – VARIOUS FUNCTIONS OF THE APP

5.1 CHAT FUNCTION

The user of the app has the possibility to get in touch with other users via a chat function. Furthermore, each event has an associated chat room in which all users participating in an event can exchange messages.

Private messages sent in the chat are not monitored, so JUKI accepts no liability for illegal content (insults, harassment, defamation) left in the chat. However, the user is obliged to report any illegal content left by other users so that JUKI can take the necessary steps to block the user account(s) concerned.

5.2 MEETINGS AND EVENTS

CLOSER enables public or private display within the app and thus the organisation of public, private and virtual meetings, activities and events. The organisation of public events requires the specification of the age category concerned, to which the participating users should belong, the name of the organiser, the chosen location, as well as the date and time of the activity. Private meetings, on the other hand, can be organised by virtually inviting specific users.

Meetings and events may only take place in buildings or rooms made available by participating public administrations, subject to the express consent of JUKI, as indicated on CLOSER. In the event of such requests, the user will be informed within a reasonable period of time about the availability of the location requested by him/her.

5.3 SYNCHRONISATION

The user can synchronise the mobile phone or tablet used to access CLOSER with the app and thus perform all the functions enabled by the mobile phone or tablet, with the exception of phone calls, within the app.

This function enables, among other things, the uploading of photos and videos stored on the mobile phone or tablet and selected by the user, as well as the definition of emergency contacts that can be selected by the user based on the phone numbers stored in the mobile phone.

5.4. RESTRICTION OF ACCESS TO CERTAIN INFORMATION

CLOSER makes it possible to create modules that contain information that is only intended for certain people with a common focus of interest (e.g. parents of students in the same class). Access to specific modules is managed by JUKI and JUKI can therefore allow or deny access to such modules.

Information published in these modules is only visible to persons who have been authorised to access it on the basis of their interest in knowing this information.

ARTICLE 6 – USE OF COOKIES

When CLOSER is used, cookies are stored on the user’s end device. These are small text packages in which various details are stored that can be read by the location that sets the cookie. The user’s end device usually contains a characteristic character string (ID) that enables unique identification when the app is called up again.

Cookies, which are stored when the user visits the app, do not recognise the user personally as an individual, but only recognise the device that the user is currently using. Cookies do not store any sensitive personal data, but merely provide information about the user’s navigation so that their device can be recognised later.

The sole purpose of the cookies stored by CLOSER is to compile and evaluate statistics required to optimise the app. Statistics are used to track the use of CLOSER and improve it based on the information collected. The information obtained through the installation of cookies is not sold and/or passed on to third parties for commercial or other purposes.

The user decides whether he/she wishes to have cookies stored on the device, but refusing to accept cookies will hinder the use of the app.

For more information on the Cookies Policy, the user is referred to the Personal Data Protection Policy, which is an integral part of CLOSER’s General terms and conditions of use and can be accessed via the following link: ________________________.

ARTICLE 7 – RIGHTS, OBLIGATIONS AND LIABILITY OF THE USER

7.1 RIGHTS OF THE USER

The user has a personal, revocable and free right to use the app and its services. Accordingly, each user may use the app for their own needs and without any commercial intentions. Furthermore, the user retains the right to terminate the use of CLOSER at any time.

In order to customise the use of CLOSER to a certain extent to the user’s personal concerns, the app allows users to be blocked, which means that the user is no longer visible in the search function of the person he/she has blocked as long as the former maintains the block.

Users of the app who are based in one of the participating municipalities have a secure cloud storage space, the size of which varies depending on the offer accepted by their municipality. All other users who therefore do not have the aforementioned cloud storage space still have the option of sending files of up to 30 gigabytes to third parties using temporary links.

Requests to increase the number of gigabytes made available may be addressed to the publisher and, if granted, invoiced to the requesting user.

7.2 DUTIES OF THE USER

The user expressly undertakes, without this list claiming to be exhaustive:

-to truthfully provide personal information when creating the user account;

-to update personal registration information regularly and when necessary;

-to download the app onto his/her mobile phone or other end device exclusively for personal use;

-to use the App only for the purposes permitted by these Terms of Use and in accordance with applicable laws and regulations or generally accepted practices;

-not to publish, transmit or disseminate any racist, offensive, discriminatory, defamatory, sexual, violence-glorifying or other illegal content;

-to inform JUKI as soon as he/she becomes aware of any unlawful statements or use of the app and/or the content;

-to verify the identity of another user as well as possible before interacting with him/her;

-to continuously follow all of the guidelines contained in the Code of Ethics available here ___________________.

The aforementioned Code of Ethics is an integral part of CLOSER’s General terms and conditions of use.   

7.3 LIABILITY OF THE USER

If the user violates the General terms of use of CLOSER and thus his/her obligations as a user of the app, he/she shall be liable to prosecution and compensation. JUKI may impose sanctions such as warnings and/or temporary or permanent blocking of the user account.

The user assumes full liability for any complaint or action, judicial, extrajudicial or otherwise, arising out of or in any way connected with conflicts with other users.

ARTICLE 8 – RIGHTS, OBLIGATIONS AND LIABILITY OF THE PUBLISHER

8.1 RIGHTS AND OBLIGATIONS OF THE PUBLISHER

JUKI has the right to impose sanctions such as warnings and/or the blocking of user accounts in the event of misuse or fraudulent use of the account. Once a user account has been permanently blocked, the user concerned will no longer have the right to register again.

JUKI reserves the right to terminate the provision of the App at any time and without giving reasons.

JUKI undertakes, as soon as any unlawful statements or uses of the App and/or the Content have been detected or signalled, to delete the said statements and to take all other proper measures within a reasonable period of time.

JUKI undertakes to confirm to each user the voluntary deletion of his/her user account.

8.2 LIMITATION AND EXCLUSION OF LIABILITY OF THE PUBLISHER

JUKI is not liable:

-for any consequences of the user’s failure to provide truthful personal information, as JUKI does not guarantee the actual identity of a user;

-for damage caused by a malfunction or error when using the app that is beyond JUKI’s control;

-in case the connection to the app is interrupted;

-for errors, negligence or omissions of a third party or external service provider over which JUKI has no control or supervisory authority;

-for the writing/uploading by users of improper statements and/or images, especially in the chat function of the app;

-for the content of external websites referred to by the hyperlinks contained in the app;

-for the progress and associated consequences of meetings and events organised using the app;

-for any financial or other consequences of an activity or event cancelled due to an event beyond JUKI’s control or due to a decision not made by JUKI;

-for damage to buildings, premises and other infrastructure of participating municipalities caused by users of the app,

-for any consequences of the end of the provision of the app,

-for damage caused by cookies on the user’s device.

The user accepts that JUKI is not responsible under any circumstances and in any way for the acts or omissions of other users, nor for any damage resulting from said acts or omissions.

ARTICLE 9 – INTELLECTUAL PROPERTY

All intellectual property rights relating to CLOSER and the content of the app belong exclusively to JUKI. This includes, but is not limited to, the source code and all layouts, texts, graphics, icons, sounds, names, brands, logos, databases, software, algorithms, photos and other illustrations that make up the app.

All of these elements are protected by Luxembourg intellectual property law and may not be reproduced in whole or in part or copied for commercial and/or other purposes outside the scope of personal use of the app without the authorisation of JUKI.

Subject to the express reservation of the relevant legal provisions and/or prior written authorisation from JUKI, any copying, representation, distribution or retransmission, total or partial modification, sale, resale, retransmission or making available of the content of the App, in whole or in part, on any medium or by any process whatsoever, constitutes a counterfeit for which the counterfeiter may be held civilly and criminally liable.

ARTICLE 10 – DATA PROTECTION PROVISIONS

The personal data protection policy available here __________________ is an integral part of CLOSER’s general terms and conditions of use.

ARTICLE 11 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF USE

The relationship between the user and JUKI is always subject to the latest terms and conditions in force on the day the user uses the app.

JUKI reserves the right to amend these General terms and conditions of use at any time and to impose new or additional conditions for the use of the App. In the event of a change to these General terms and conditions of use, the user will be asked to accept the new terms and conditions, which will apply to the user from the date of acceptance.

However, the user may cancel his account by e-mail with confirmation of receipt within two (2) weeks of notification of the change to the General terms and conditions of use. If the user does not make use of this cancellation option within the period granted, it shall be assumed that the user has accepted the amendment to the General terms and conditions of use.

ARTICLE 12 – SEVERABILITY CLAUSE

The General terms and conditions of use shall remain valid and applicable even if individual provisions are legally invalid. An invalid provision shall be cancelled if necessary and replaced by a provision that comes closest to the original provision in terms of its purpose.

ARTICLE 13 – JURISDICTION AND APPLICABLE LAW

The exclusive place of jurisdiction for all disputes is the Grand Duchy of Luxembourg.

The General terms and conditions of use and all legal relations and disputes between users and JUKI are governed exclusively by Luxembourg law.