Telraam is operated by Rear Window BV, with registered office at Diestsesteenweg 71,
Leuven 3010, Belgium and with company number 0762.549.266 (hereinafter "“Telraam”, “we”
or “us”).
These Conditions of Participation (“Conditions of Participation”) apply exclusively to participants
who register for Telraam as natural persons and outside the scope of their professional activities.
Please contact us at info@telraam.net if you wish to use Telraam as a business partner (consultant, government, university, non-profit organization, etc.).
For certain projects, additional specific conditions may apply, e.g. conditions imposed by the relevant Telraam network operators
(e.g. universities and participating municipalities) (“Specific Conditions”). Deviations
from the present Conditions of Participation are permitted only with the explicit and written consent of Telraam.
2. Your Participation
By registering, you: (i) declare that you are participating in Telraam entirely of your
own free will as a natural person and not in the context of your professional activities and (ii) agree to these Conditions of Participation.
Upon registration, you will receive a traffic counter (the "Telraam Device") or be invited to pick up a Telraam Device. You agree to install and use the Telraam device in accordance with the instructions of Telraam. Unless otherwise expressly agreed in writing, Telraam or the relevant Telraam Network Operator shall remain the owner of the Telraam Appliances. You must treat the Telraam appliance as a prudent and reasonable person at all times.
You hereby authorize Telraam to process, store in a database, analyze and make available to third parties and/or otherwise communicate or exploit the anonymous traffic counts conducted through your Telraam device. You agree that ll intellectual rights relating to the traffic counts collected and any database into which they are incorporated by Telraam shall be owned by Telraam. To the extent necessary, your consent constitutes an unconditional, irrevocable and gratuitous assignment of any other right or claim that you may assert thereon pursuant to your participation.
You may withdraw the above consent by contacting us at info@telraam.net. However, such withdrawal will only apply to any traffic counts that occur after the withdrawal. Telraam reserves at all times the right to retain and process previously collected traffic counts in accordance with these Conditions of Participation.
As a participant, during your participation you have a limited, non-exclusive, non-transferable personal access right to the counting data produced by your Telraam device
and can access and download it through the personalized dashboard.
3. Duration
Your participation shall be for the following duration: (i) the duration set forth in the Specific Terms or, (ii) if the duration is not set forth in the Specific Terms, for an indefinite period.
Both Telraam and you may terminate your participation (and, in the case of Telraam, its services, website and platform) at any time upon written notice, without legal process and without being liable for any damages.
Upon termination, return and/or return the Telraam device in accordance with the instructions of Telraam.
4. Personal data
The traffic counts do not contain any personal data. As a participant, you will provide certain personal data (including your name, address and email address) to Telraam. We will process these personal data in accordance with our privacy policy (available for consultation at: https://telraam.net/en/privacy-policy).
If you have any questions regarding the processing of your personal data and/or to exercise your rights you can contact us via privacy@telraam.net.
5. Intellectual Property Rights
We are the owner or licensee of our website and all (visual) materials, texts, product names, brands (and all related intellectual property rights) published on our
website (the "Material").
You may not copy or otherwise use the Material, in whole or in part, for commercial or other purposes without obtaining a license to do so from us and/or our licensors.
6. Liability
To the extent permitted by law, Telraam shall not be liable for any loss or damage, even if foreseeable, arising out of or in connection with your participation in Telraam.
In particular, we shall not be liable for any loss or damage resulting from the installation and/or use of the Telraam device not made in accordance with the instructions of Telraam.
Nor shall Telraam be liable for any indirect damages, including (but not limited to) loss of profits, anticipated savings or opportunities or goodwill.
In all cases and in particular if the above exclusion of liability is annulled in whole or in part by a court of competent jurisdiction, or is set aside, we shall only be liable for direct demonstrable damage suffered and the liability of Telraam for such direct damage shall never exceed one hundred and fifty euros (€ 150) in total.
The Telraam device is not manufactured by Telraam and Telraam shall not be held liable for any damage caused by the Telraam device. In any event, only the (warranty) conditions of the relevant manufacturer (such as e.g. the conditions of Gotron BV, https://www.gotron.be/verkoopsvoorwaarden) shall apply (to the extent permitted by law).
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, express or implied,
that the content on our website is accurate, complete or up-to-date. Our website may contain links to other websites and resources provided by third parties.
Such links should not be construed as any endorsement by us of such websites.
7. Changes
We reserve the right to change the Conditions of Participation from time to time and will notify you of such changes in an appropriate manner.
If you do not agree to the amended Conditions of Participation, please discontinue your participation in Telraam by contacting us at info@telraam.net.
We do not guarantee that our website and/or our other services will always be available or will be uninterrupted. We may suspend, withdraw or limit
the availability of all or part of our website for business and operational reasons.
8. Other
If any provision of the Conditions of Participation is found to be invalid or unenforceable, the other provisions shall nevertheless remain in full force and effect. The invalid or void provision shall in that case be reduced to a provision with an equal or similar economic effect to the maximum as permitted under applicable law.
These Conditions of Participation are governed by Belgian law. In case of disputes, the Belgian courts in Leuven shall have exclusive jurisdiction.