ePunching – Terms and conditions of use
By installing the ePunching application from IDtech SA (downloadable using the Apple, Google and Windows electronic applications) on his Apple, Google or Windows-compatible device and/or accessing IDtech SA's mobile services, the user of the device (hereafter referred to as "the User") declares that he has read these terms and conditions relating to the use of the ePunching services from IDtech SA (hereafter referred to as "IDtech") and accepts them.
1. User licence
The application is provided to the User for use in strict accordance with these terms and conditions. This user licence does not involve any transfer of ownership of the application. It is non-transferable and non-exclusive and may be revoked.
2. Updates
The ePunching application may be updated from time to time entirely at the discretion of IDtech. These terms and conditions of use will cover all subsequent updates unless the update specifies otherwise, in which case it will be covered by specific new terms and conditions of use.
3. Usage protection
3.1. The User undertakes under his own responsibility to prevent his mobile device being used by unauthorised third parties. He will take all necessary steps to prevent this, such as protecting the device with a password or other security mechanism.
3.2. The User undertakes to report any fraudulent use (unauthorised access to the device, loss, theft, hacking or attempted hacking etc.) to the employer who receives the timeclock data (hereafter referred to as "the Client") without delay. IDtech cannot be held liable for any damages that may arise from any failure by the User to comply with this obligation.
3.3. The User also undertakes not to entrust his device to any third party for any fraudulent use on his behalf or in his name.
4. Limits on use
4.1. The User undertakes not to use the mobile application for any other purposes than to send mobile timeclock data to his employer in accordance with the employer's instructions.
4.2. In particular, but not exclusively, the User undertakes:
4.2.1. Not to use the application on any other devices than those authorised by the Client;
4.2.2. Not to make the application available over any network or to make it usable on several devices simultaneously;
4.2.3. Not to rent, sell, provide, transfer the licence or make available the application, or a mobile device on which the application is installed, in any way, free of charge or for a fee.
4.2.4. Not to download any other application to his device that could affect the application's operation or security in use.
4.2.5. Not to copy, decompile or access the code or modify or create a product or application derived from this mobile application.
5. Conditions of use of third-party suppliers
5.1. The use of the application may require recourse to the services of third-party suppliers, such as the use of mobile data transfer, Internet access or GPS location. IDtech is not responsible for the conditions and costs associated with these third-party suppliers.
5.2. IDtech is also not responsible for the failure or the temporary or permanent unavailability of these services, even if they make the use of the application impossible.
6. Limits of liability
IDtech cannot be held liable for any damage or inconvenience that is not the direct, immediate consequence of its own fault, and never for any non-material or commercial damage.
In particular, this exemption includes, but is not limited to, any damage arising from any fault or negligence committed by the User, incorrect information provided by the User, unauthorised access to the User's mobile device or the interruption or suspension of communication to or from the server that can be imputed to illegal intervention or a lack of vigilance by a third party.
7. Intellectual property
All rights, licences and copyrights remain the property of IDtech. These terms and conditions do not confer any ownership or possession to the User and authorise the User alone to use the application in strict accordance with these terms and conditions of use.
8. Applicable law and jurisdiction
These terms and conditions are subject to Belgian law and only the courts of Namur (Belgium) have jurisdiction in the event of a dispute.