Terms of Use

The sites www.deloitte-germany.agorize.com and www.deloitteinnovationplatform.com are operated by the Deloitte Digital GmbH (“Deloitte Digital”) to run own challenges and challenges by Partner Companies.

Prior to using or publishing any file to the site, Users must accept the following Terms of Use.

Subject

Before registering on the Website, the User must accept these Terms of Use.

After the User's registration, each subsequent use of the Website implies the User's continued acceptance as expressed during registration.

Should the User not agree or retract his/her acceptance, he/she shall cease using the Website.

Definitions

These Terms of Use use a number of terms that appear with an initial capital letter. These terms have the meaning given in this paragraph entitled ”Definitions”.

These definitions also apply to the foreword above.

“Account” means the account that must be created to become a Member and access the Website;

“Agorize” means Agorize SAS which acts as Deloitte Digital’s subcontractor.

"Brief/About" means the concise statement of the instructions and guidelines for a Challenge prepared by a Partner Company and/or Deloitte Digital.


"Challenge" means an invitation for proposals to solve a specific problem or challenge issued by a Sponsor, who may offer an award for the winning Deliverables submitted via the Website by a User registered to participate in the Challenge, and in accordance with the Challenge Rules;

“Challenge Rules” or “Rules” refers to the rules applicable to a Challenge, and which are binding between the Sponsor and each Challenge participant. In the event of discrepancies or contradictions with the Terms of Use, the Challenge Rules shall apply; 

The Rules are displayed within the detail page of each Challenge itself.

“Challenge Participants” refers to any User that applies to a Challenge.


“Community” refers to all Users of the Website.

The Website is divided into two communities.

  1. Deloitte Innovation Platform
  2. Technology Fast 50 Award

“Deliverables” refers to all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to the Website by Users in response and as a solution to a specific Challenge;

  

“Visitor” refers to any person that visits the Website. 

“User” refers to any person, who creates an Account by registering on the Website.

“Partner Company” means the company or organization that sponsors a Challenge and submits a Brief/About, Challenge and Rules to the User via the Website.

“Partner Companies” are Deloitte Digital’s clients.

“Website” means www.deloitte-germany.agorize.com and www.deloitteinnovationplatorm.com

 

Acceptance of the Terms of Use

To accept the present Terms of Use, the User must electronically tick the following box.

”I have read and unreservedly accepted the Terms of Use and Data Privacy Notice”.

The User recognizes that by electronically ticking the aforementioned box, he/she makes a contractual commitment to comply with the Terms of Use and Data Privacy Notice.

Deloitte Digital draws Users’ attention to the importance of carefully reading the Terms of Use and Data Privacy Notice in full before confirming their unconditional acceptance or before refusing to accept them in their entirety.

Process

To this end, Partner Companies, via the Website, propose one or several Challenges or Competitions by publishing their Brief and the deadline by which Deliverables must be submitted.

As a User:

  • you may access a personalized space on the Website that contains your profile, allows you to view the Challenges in which you have enrolled, and to communicate and exchange messages, including by email and chat, with Members, Partner Company Agorize Project Managers and Deloitte Digital Project Managers;

  • you may apply for Challenges, provided you meet the conditions of the Challenge Rules;

  • you may participate in a Challenge, individually, as a representative of a business entity, or by creating or joining a team, as specified in the Challenge Rules;

  • you may upload Deliverables in response to a Challenge, as specified in the Challenge Rules;

  • you may retrieve the data and Deliverables that you submitted during your participation in a specific Challenge, as specified in the Challenge Rules.

Partner Companies and/or Deloitte Digital may offer awards for the winning Deliverables submitted by Users registered to participate in a Challenge, in accordance with the Challenge Rules.

Users will comply with all laws applicable in accessing and using this Website, including all data privacy, export control and securities laws and regulations.

Opening an Account

To submit a Deliverable as part of his/her application for a Challenge, the Visitor must have an Account.

To open an Account, the Visitor must provide the following basis information (“Basis Information”):

  • his/her forename and surname or company’s full legal name;
  • a valid email address;
  • a password;
  • Country of company’s seat
  • Phone Number

Opening this account requires the Visitor unreserved acceptance of the present Terms of Use and Data Privacy Notice.

The registering process of the Website is set up into two communities. The Visitor can decide which of the communities he/she wants to register to apply to the respective Challenges for this community: Technology Fast 50 Award and Deloitte Innovation Platform Challenges. The registration regarding those two communities requires the provision of further information as set out in the registration flow. 

Whenever the User changes any of its Basis Information, he/she must agree to the Terms of Use once again.

Details of which of the above-mentioned information is mandatory and which is optional are shown during the registration process on the Website.

As a username is necessarily public, the User must choose a username that complies with public decency. In no case may any username be linked to pornography or incite violence or racial hatred, under penalty of suspension of the User's account without warning.

Only one User may be identified via a particular email address, username and password.

The User may not divulge or share his/her password with any third party. In the event of any unauthorized use of his/her user account or the loss, theft or unauthorized disclosure of his/her password or username, the User undertakes to inform Deloitte Digital.

The User undertakes to ensure that all information regarding himself/herself is correct, up-to-date and complete. Deloitte Digital reserve the right to close an account if it includes inaccurate, false, invalid or incomplete information.

Publication of Deliverables

If the User has created a user account and has unreservedly agreed to the Terms of Use, he/she is able to Upload his/her Deliverable during a Challenge or Competition on the condition that he/she complies with the applicable Rules.

The format in which the Deliverable shall be delivered (e.g. JPEG, PNG, PDF, etc.) depends on the Challenge or Competition and is specified in the Brief/About provided by the Partner Company.

The User is required to comply with the stated format; otherwise, his/her Deliverable will be refused.

Only one copy of the Deliverable is to be submitted, and the User shall retain the original of his/her Deliverable.

The Deliverables submitted by Users during a Challenge or Competition are hidden (not visible on the Site and only accessible by the Partner Company, the AGORIZE administration team, Deloitte Digital and its affiliated companies until the content are published or public, depending on the wishes of the Partner Company. By default, the Deliverables submitted will be hidden unless specifically stipulated otherwise in the applicable Brief/About.

Communications

By default, the User will receive emails from Deloitte Digital when:

  • a new Challenge that matches any of User's public information regarding education and/or capabilities opens on the Website
  • a User sends the User a message;
  • a User wants to invite a User to join his/her team;
  • a User wants to join the team of which the User is captain;
  • a User has left one of the teams of which the User is captain;
  • a User has accepted an invitation to join the team of which the User is captain;
  • the User has been accepted onto a team.

The User may change his/her email notification settings via his/her profile.

The User guarantee

The Visitor guarantees that by the time of creating an account, he or she is 18 years old or older.

The User undertakes to ensure that the contents of the Deliverable that he/she uploads to the Website comply with applicable laws and regulations.

The User undertakes to ensure that the content of his/her Deliverable, irrespective of its nature or form:

  • Does not constitute a justification of crimes against humanity or war crimes, Nazism, or other crimes or offences, or a denial of the existence of recognized crimes against humanity or genocides, or infringe upon human dignity;
  • Does not constitute content of a violent, pornographic or paedophilic nature, or that may cause harm to minors, or, more generally, that may represent an affront to public order or public decency;
  • Does not incite discrimination, hatred or violence towards a person or group of people because of their origin, sex, marital status, physical appearance, surname, health, disability, genetic characteristics, customs, actual or alleged sexual orientation, age, political opinions, trade union activities, or actual or alleged membership of a specific ethnicity, nation, race or religion;
  • Does not constitute content of a racist, xenophobic or revisionist nature or that inflicts damage on another person's honor or reputation;
  • Does not constitute defamatory, injurious, false or slanderous remarks about another party, whether a natural or legal person;
  • Does not constitute an act of forgery, unfair competition or parasitical competition;
  • Does not infringe on the privacy or image rights of others;
  • Does not contain viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or computer network linked directly or indirectly to Deloitte Digital’s, Deloitte Digital's affiliated companies or it’s Partner Companies’ activities;
  • Does not directly or indirectly allow a third party to obtain pirated software, software that enables acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and, generally, any software or other elements that may enable the rights of others and the security of people and property to be infringed;
  • Does not violate the principle of confidentiality of correspondence.

 

Furthermore, the User undertakes to ensure, that all information transmitted as part of his/her Deliverable is accurate, reliable and complete.

The User guarantees that he/she is the owner or authorized user of the intellectual property contained in his/her Deliverable and that as such:

The User is not required to transfer his/her rights over the Deliverable to a third party due to a working relationship or a contract of employment with an employer or due to any contractual relationship with a third party;

The User has obtained prior written agreement from his/her employer or co-contracting party before submitting his/her Deliverable in the event that he/she is linked through a contract or employment contract or an employment relationship that would prevent the User from transferring his/her rights regarding the content of the Deliverable.

At the time of Uploading each Deliverable and throughout the entire duration of its availability on the Website, the User guarantees that the content of the Deliverable does not contravene the guarantees set out in this Article.

As such, the User undertakes to renew this guarantee to Deloitte Digital at the time of every Upload of a Deliverable to the Website.

Deloitte Digital reserve the right to withdraw or suspend access to any content that may violate applicable laws or regulations or contravene the guarantees made in this Article.

Confidentiality

Within the framework of a Challenge, Users may be required to maintain certain information confidential.

Users agree to defend, indemnify and hold Deloitte harmless, from and against all claims, actions or demands, liabilities, and settlements, including,

without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.

Intellectual Property Rights

  1. Users grant of license to Deloitte Digital

For the purposes of our Website, you grant Deloitte Digital and its subcontractors a non-exclusive license, free of charge, without limitation in time or place, to use the content and data that you submit on the Website. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any content you provide, and to broadcast it via the Website and any other communication protocol and to share it with the public, and Partner Companies.

  1. IP rights

The proprietary software, and materials on the Website, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Deloitte Digital or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Website are the property of their respective owners. Deloitte Digital or its licensors retain all right, title and interest in all such proprietary rights and property, and User shall have no interest in any such rights or property, nor will anything contained in these Terms of Use constitute a license or grant of any rights to User with respect to any copyright, patent, trademark, trade secret or any other intellectual property right other than as specifically provided herein.

Subject to being a Member, Deloitte Digital grants you a non-exclusive, revocable, personal and non-transferable license, to use the Website, for your internal use, on a non-commercial basis and in compliance with the Terms of Use.

You are prohibited from any other use or exploitation of the Website and the Challenges, and their content, without the prior written permission of Deloitte Digital.

User is prohibited from and shall not: (i) de-compile, reverse engineer or disassemble the Website or apply any other process or procedure to derive the source code thereof, or allow any third party to do so; (ii) sell, re-license, rent, lease, provide service bureau or timeshare access to, the Website; (iii) use the Website for incorporation in any device, article, commodity, product or goods for use by or sale or lease to third parties, or for the provision of services to third parties; (iv) modify, publish, share dashboards or other components, transmit, reproduce, create derivative works from, distribute, perform, display or in any way exploit the Website in whole or in part; (v) use the Website or the output thereof in any way that is fraudulent or misleading, or violates applicable law, rule or regulation; (vi) perform any systematic or automated access or extraction of content from the Website or use components of the Website in a manner other than the manner in which such components are incorporated into the Website; or (vii) re-identify, or attempt to re-identify any de-identified Data contained in the Website, or use the Website, or any information contained therein, to analyze or derive information about the business operations of Deloitte Digital, its contractors or any of their respective affiliates. Customer shall not use or permit third parties to use the Website in any way that (A) interferes with or disrupts other network users, network services or network equipment, including spamming; (B) results in the introduction of computer worms or viruses; (C) involves the use of false identities; or (D) attempts to gain unauthorized entry to any servers or databases through which the Website is provided.

Deloitte Digital reserves the right to, at any time, audit User’s use of the Website to ensure it is being used in accordance with the Terms of Use. User agrees to cooperate with any such audit and provide reasonable assistance necessary to confirm such compliance. Deloitte Digital reserves the right to take such action as it deems necessary, including the right to limit or decline the User’s access to the Website.

Deloitte Digital may immediately limit, terminate or suspend User’s access to the Website upon notice if there has been a violation of the restrictions set forth in these Terms of Use.  

All new versions, updates or changes to our Website, or related content shall be subject to these Terms of Use. Deloitte Digital reserves all rights not expressly granted by the present Terms of Use.

If User elects to provide any suggestions for improvements to the Website (“Suggestions”) to Deloitte Digital or its subcontractors or its affiliates, then User grants to Deloitte Digital a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid up license to reproduce, distribute, make derivative works based upon, publicly display, publicly perform, make, have made, sell, offer for sale, import, and otherwise use the Suggestions without restriction, including the right to sublicense such rights through multiple tiers, alone or in combination. The foregoing license applies regardless of whether User has designated the Suggestions as confidential. Deloitte Digital acknowledges that User provides Suggestions AS IS and disclaims all express or implied warranties in the Suggestions, and that Deloitte Digital's use of Suggestions is at Deloitte Digital's own risk.

User Responsibilities

User shall be solely responsible for, among other things (a) providing all User data or information for use by the Website (“Data”), and the accuracy and completeness thereof; (b) maintaining in effect at all times during the term of this contract all rights and consents required for any use, transfer, and any other processing of any Data in connection with the Website; and (c) obtaining and providing Data in accordance with applicable laws. As between the parties, User shall own all Data. In addition, User shall be solely responsible for the performance of its personnel and agents and maintaining all software, hardware and other equipment used by User to access and use the Website.

Additionally, User has the following obligations:

(A)       The User will not place any illegal content which violates the laws, regulatory requirements or rights of third parties on the Website.

(B)       The User is obligated to prevent unauthorized access of third parties to the protected areas of the Website by means of appropriate precautions. For this purpose, the User shall ensure its authorized users’ compliance with any applicable law including but not limited to Data protection law and intellectual property law.

(C)       Without prejudice to any obligations of Deloitte Digital, User remains responsible for collecting, maintaining, saving and securing his Data.

(D)       The User is obligated to check the Data for viruses or other harmful components with a state of the art anti-virus protection program before entering the Data in the Website.

Remedies 

If you believe that your legitimate intellectual property rights have been violated by the introduction of certain content on the Website, you must notify Deloitte Digital and provide us with the following:
  • Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party; 

  • Identification of the specific Website content that you consider is protected by intellectual property rights as well as its location on the Website (indicating the URL link);

  • Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation. 

 Account suspension, restriction of access and termination

Users can close their Account at any time by clicking on the “Delete your profile” tab on the User profile page or by contacting Deloitte Digital. The termination takes effect immediately.

In the event of a direct or indirect violation of the Terms of Use, Deloitte Digital retains the right to temporarily or permanently suspend the User's personal account at any time.

This right will be exercised at Deloitte Digital’s discretion without compensation or warning.

Deloitte Digital may terminate the present contract in part or in whole in the following situations:

  • If the User fails to comply with any obligation set out in the present Terms of Use and the User has not remedied the situation within eight (8) calendar days from reception of an email or registered letter informing him or her of the failure.
  • In the event that receivership or liquidation proceedings are instituted against the User, subject to the legal and regulatory provisions in force and in particular to the ability of the User's agent to request that the contract be executed.

 The User may terminate the present contract at any time by sending an email to Deloitte Digital. This termination takes effect three (3) months after the termination request is sent in accordance with this clause.

Regardless of which party initiates the termination, Deloitte Digital will retain the right to store information and data relating to the User in accordance with the legal provisions regarding the retention period for such data.

Personal Data

In using the Website and creating an account, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Policy.

 Exclusion of liability

Deloitte Digital may not in any circumstance be held liable:

  • for the content of the Deliverable hosted on its website;
  • for the use, including misuse or fraudulent use, of the Deliverable;
  • for the User's lack of success in a Challenge or Competition;
  • for any damage caused to the User by Partner Companies;
  • for any indirect damage such as financial loss, loss of business or moral damage that the User may suffer or that a third party may cause to the User;
  • for the content of sites accessible via hyperlinks posted by Users or of advertising sites that are promoted via links on the site;
  • for any difficulties, the User encounters when (i) publishing a Deliverable, (ii) viewing or Uploading the Deliverable, (iii) logging in to the site.

 You and company acknowledge and agree that no professional relationship of any nature is created solely by your use of the Website or by any correspondence or communication with us or any other person or entity relating to the Website.

 The information presented on the website (including the documents available there) is provided within the above-named framework only in its original form and context. Deloitte Digital GmbH does not undertake any guarantee, assurance, or other warranty for the correctness, accuracy, completeness, quality, and/or usability of the information presented there (including the documents available there).

Use of this website is at your own risk and you assume full responsibility and any risk of loss emanating from such use, including, without limitation, loss of operability or data. We shall not be liable for any direct, indirect, special, incidental, or consequential damages or punitive damages of any kind, whether in contract, tort (including, without limitation, negligence), or otherwise, arising out of or in connection with the use of this website, even if we knew or should have known of the possibility of such damages. 

 Certain electronic links on this website lead to websites, resources, or tools provided by third parties over which we have no control, including, without limitation, those provided by other members of the Deloitte network or individual employees of such companies. Without limiting the foregoing, we make no representations or warranties, express or implied, about such websites, resources, and aids, and links to such websites, resources, and aids should not be construed as an endorsement by us of, or of the contents of, such websites, resources, and aids.

The above disclaimers and limitations apply not only to us but also to and for the benefit of any other member of the Deloitte network and our and their employees.

 The above exclusions and limitations of liability apply to the fullest extent permitted by law, to contracts, laws, torts (including, without limitation, negligence), or otherwise.

USER AND COMPANY AGREE TO INDEMNIFY US AGAINST ALL COSTS, CLAIMS, LOSSES OR EXPENSES INCURRED BY OR MADE AGAINST ANY OF THE FOREGOING AS A RESULT OF ANY BREACH BY YOU OR COMPANY OF THESE TERMS, INCLUDING ANY THIRD-PARTY CLAIM THAT ANY OF YOUR CONTRIBUTED CONTENT INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

"Deloitte", "Touche", "Tohmatsu", "Deloitte Touche Tohmatsu", "Deloitte & Touche", the Deloitte logo and local language variants of the mentioned trademarks, and certain product names and all headers and footers referring to these, as well as symbols appearing on this website are trademarks (trademarks, registered trademarks, service marks, quality marks, etc.) of Deloitte network companies. Except as expressly permitted in the Terms of Use, the name/s “Deloitte”, “Touche”, “Tohmatsu”, “Deloitte Touche Tohmatsu”, “Deloitte & Touche”, the Deloitte logo, or any local language variants of the above trademarks, may not be used alone or in combination with other words or design elements. The above-mentioned names, signs, or logos may not be used in any written, oral, visual, or other form in any media release, advertisement, or other advertising or marketing material or media without the express written consent of Deloitte Touche Tohmatsu or its agent. To obtain such permission, please use the contact form on this website.

References on this website to the trademarks of third parties are for identification purposes only and do not imply that such third parties have approved this website or its contents. These Terms of Use do not authorize you to use the trademarks of these third parties.

Availability of the Website

We shall try as far as possible to maintain the Website continually accessible. But access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.
We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

Hyperlinks

Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

 

Modifications of the Terms of Use

These Terms of Use and the documents integrated by reference express the entire agreement between you and Deloitte Digital relative to your use of the Website and the Services. 

Deloitte may modify these Terms of Use to adapt to its technological and commercial environment, and to comply with the law. Any modification to these Terms of Use will be published on the Website with mention of the effective date, and you will be notified by Deloitte Digital before the changes take effect.

Applicable law, Venue

The present Terms of Use are governed by German law. The venue is Berlin, Germany.

 

Web hosting Amazon Webservices

The Website is hosted by: 

Amazon Web Services, 
Inc. P.O. Box 81226 Seattle, 
WA 98108-1226 
http://aws.amazon.com

 

Effective Date

15.04.2019