The English text of this Terms of Use shall be considered as the base text. In the event of any inconsistency, discrepancy, or conflict between the English text and any translation of this Terms of Use into another language, the English text shall prevail.

Definitions

The following definitions apply to this Terms of Use: 

  • "We", "Our" and "Us" refer to Sensoa vzw, Franklin Rooseveltplaats 12 bus 7, 2060 Antwerp, Belgium, registered in the Crossroads Bank for Enterprises with the number 0446.232.167 (RLE Antwerp, division Antwerp). Sensoa is the Flemish expertise centre for sexual health, recognised by the Ministry of the Flemish Community. Sensoa is a social profit organisation with no commercial goal.
  • "You" and "Your" refer to the User.  
  • "Website" refers to all websites operated by Sensoa: www.sensoa.be, www.sensoa.be/vlaggensysteem, www.en.sensoa.be, Flagsystem.org, www.zanzu.be, www.allesoverseks.be, Sensoa's image bank where You can download drawings and all parts of all these websites. 
  • "Information" refers to all data on Our Website, including, but not limited to, texts, images, links, materials and downloadable files. 
  • “Intended Purpose”: the primary and intended purpose of Our Website, Information and Methodologies, is always informative and educational. Specific Methodologies have also specific Intended Purposes. 
  • “Methodologies” refers to specific tools and ways of working, developed by Sensoa, including (but not limited to): 
    • "Sensoa Flag System" refers to the Methodology to assess sexual transgressive behaviour and respond appropriately. Its intended purpose is to facilitate learning and training concerning sexual transgressive behaviour. 
    • "Zanzu" refers to Sensoa's specific Website on sexual health in several languages. The Intended Purpose is to allow intermediaries and professionals to share accurate Information in their client's specific language.  
    • "One to One" refers to Sensoa's Methodology to facilitate dialogue on sexual health. The Intended Purpose is to proactively improve the ability by intermediaries to discuss sexual health with adults. 
  • "Use", “Using”, and "User" refer to the reading, downloading, processing and/or application of Information and Methodologies of Sensoa on the Website (Including the Sensoa Flag System).  

Usage

General 

Sensoa owns and manages the proprietary rights of the Website, Information or Methodologies (including the Sensoa Flag System) and is responsible for the ongoing development.   

These Terms of Use describe the conditions under which You may access and Use the Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System) of Sensoa. We ask You to read these Terms of Use thoroughly and agree with them before reading the Sensoa Flag System or using it in any way. Just by visiting or using this Website, as a User You expressly agree to the stated Terms of Use. If You do not agree with these Terms of Use and/or do not understand their scope or meaning, We ask You to stop Using the Information, not to download it and to remove downloadable files. 

Disclaimer 

As a User, You agree that the Use of Website, Information or Methodologies of Sensoa (including the Sensoa Flag System) is done entirely at Your own risk. 

The Website and the Information are available "as is", that is, in its current state. Despite all efforts made, the Information made available may be incomplete, incorrect, inaccurate, or not updated. 

We cannot be held responsible for any direct or indirect disadvantage or damage that You might suffer as a result of incomplete, incorrect, inaccurate or not up to date Information or as a result of a wrong interpretation of the Information and the Methodologies of Sensoa (including the Sensoa Flag System). 

If You download or otherwise obtain Information through the Use of the Website, You do so entirely at Your own responsibility. By downloading the Information, You indicate that You have checked the admission of the (Use of the) Information in your country and that You comply with it. You are solely and without limitation responsible for any losses, work interruptions, damages to programs or other data on the computer system, or to Your equipment or programs resulting from the downloading of Information or from any other Use of this Website. 

All Information on the Website of Sensoa and the Information to which reference is made is of a general nature unless expressly stated otherwise. The Information is not tailored to circumstances that are specific to an individual or entity. You may not consider this Information as personal, professional, or legal advice or an equivalent thereof. 

The Website is intended for Users aged 15 and over.

Because We strive for comprehensibility and accuracy, We opt for clear and explicit language, not to provoke, but to call everything by name and not to conceal.

Our Website has an informative character and does not replace a doctor's visit.

Website 

If the Information You find on this Website shows shortcomings, Sensoa will do everything possible to rectify it as quickly as possible. If You identify inaccuracies, You can contact Sensoa: communicatie@sensoa.be. We aim to address Your notification as quickly as possible and provide You with a response within 10 working days.  

Sensoa makes every effort to ensure, to the extent possible, access to its Website 7 days a week, 24 hours a day, without any guarantee in this regard. Sensoa also strives to minimize interruptions of a technical nature. However, Sensoa cannot guarantee that its Website are completely free from interruptions and other technical issues. 

This site contains hyperlinks to other websites, as well as information sources managed by third parties. Sensoa has no technical or substantive control or authority over these sites and, therefore, cannot provide any guarantee regarding the completeness or accuracy of the content, as well as the availability of the websites and information sources.

Sensoa cannot be held liable for damages arising from violations of the law on trade practices by external websites.  

Obligations of the User 

You declare and warrant that You will not Use the Websites, Information and the Methodologies of Sensoa (including the Sensoa Flag System) in a manner contrary to the Terms of Use and the Intended Purpose, among others, but not exhaustive: for illegal purposes, in violation of good morals, or with the intent to damage the reputation of Sensoa or third parties.

You declare to Use Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System) solely for the Intended Purpose.  

The User acknowledges and agrees to comply with all applicable laws, regulations, and legal requirements in the country or jurisdiction where the Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System) are Used and downloaded. This includes, but is not limited to, criminal law, data protection, intellectual property, and any other relevant legislation. 

Proper Use  

You may only Use Sensoa Website, Information and Methodologies (including the Sensoa Flag System) as they are intended. In doing so, You may not change anything at the core of Our Methodologies:  

The core of the Sensoa Flag System:  

  • The six criteria for assessing sexual behaviour ((‘consent’, ‘voluntary engagement’, ‘equality’, ‘appropriate for development or functioning’, ‘appropriate for the context’ and ‘impact’);  
  • The division into four flags;   
  • The definitions of sexual transgressive behaviour and sexual abuse; 
  • The illustrations of situations where We assign a particular flag to certain behaviour using the six assessment criteria.  

The core of “One to One”:  

  • The images illustrating the Methodology and the different steps;  
  • The four basic steps and their objectives:   
    • Step 1: Raise sexual health: the intermediary proactively raises the issue with client/patient.  
    • Step 2: Encourage patient to tell their own story: the intermediary allows the patient to tell their story as this is an essential part of treatment. This involves approaching sexual health within the framework of the biopsychosocial model and identifying the client/patient's priority needs.  
    • Step 3: Summarise what the patient says: on the one hand, this step aims to conclude respectfully, and on the other hand to reflect within a short time frame what the essence is according to client/patient and give the opportunity to correct it.       
    • Step 4: Formulate an offer, adapted to skills and capabilities of intermediary and with commitment to multidisciplinarity and networking.    

The core of Zanzu:  

  • The content, as it was vetted by experts, doctors and sexologists;  
  • In particular, the definitions of various aspects of sexuality as used on the Website, including definitions of sexually transgressive behaviour and sexual abuse;  
  • The images on the Website. 

Non-compliance with the Terms of Use  

In case You fail to Use the Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System) in accordance with the Terms of Use, more specific the above-mentioned clauses and the Intended Purpose, We reserve the right to prohibit You from any further Use of the Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System).

Sensoa shall be indemnified and held harmless by the User from any claims, liabilities, damages, losses, or expenses incurred as a result the Users failure to Use the Website, Information, and the Methodologies of Sensoa (including the Sensoa Flag System) in accordance with the Terms of Use. 

You expressly agree to indemnify Sensoa against any third-party claims arising from the improper use (e.g. not in accordance with the Terms of Use, not in accordance with the Intended Purpose…) the Website, Information and the Methodologies of Sensoa (including the Sensoa Flag System). 

Intellectual Property Rights 

You accept and acknowledge that the Use of the Website and the Information is protected by the rights of Sensoa, the original authors and publisher and that You must respect them at all times. 

As a User, Sensoa grants You a non-exclusive right to Use the Information for non-commercial purposes. This means that You may browse the Website, familiarize Yourself with the Information and Use and reproduce it in a normal way for non-commercial purposes. 

So You can work with Our Methodologies , Information and Website autonomously within Your own school, within Your specific organisation, within Your company, as long as You Use everything within the context for which the Website, the Information and the Methodologies are intended - and provided that the source is mentioned. 

You may Use all drawings only for the specific Methodologies, Information and Website they were designed for (including the Sensoa Flag System) and not for any other methodology or in any other context. 

When Using the Website and the Information, always include the URL of the Sensoa Website. When Using a  Methodology, please include the addition 'Sensoa Flag System, 'Zanzu by Sensoa' or 'One to One by Sensoa' as the source. 

If You want to develop an own version of the Sensoa Methodologies (including the Sensoa Flag System) that is applicable to Your own specific organisation, publish sections of the Sensoa Website and Information on Your own website, or develop a training aimed at third parties based upon Our Methodologies, You will always need the explicit and prior permission of Sensoa. 

If these points are not met, You cannot copy, modify, translate, sell, rent, lend, communicate to the public or create Your own derivative works from the Website, the Information and Methodologies, in whole or in part, by any means or on any medium, without prior and explicit consent of Sensoa. 

Sensoa expressly reserves the intellectual property and other rights to Our name and logo, as well as to the names and logos of the Websites. Use of the brand names and logos is expressly prohibited without Sensoa's express and written consent.

Sensoa accepts no liability for misuse or fraudulent Use of Our name or logos.

Specific conditions for the Use of the Sensoa Flag System 

General

Upon the Use of the Sensoa Flag System and the Information, no additional assistance or support will be provided by Sensoa.  

Legal provisions 

The Sensoa Flag System is provided as a tool to assess sexual transgressive behaviour, but We explicitly disclaim any responsibility for the actions, decisions, or consequences resulting from the practical Use or implementation of Sensoa Flag System of Information.  

The Sensoa Flag System should always be implemented in accordance with the law, which might be different in all countries. The Use of drawings depicting children and young people in sexual activities, might be restricted in your country.  If so, Use the Sensoa Flag System and its principles without the drawings. 

Local and regional laws may restrict consensual sexual behaviour between children or young people. These restrictions should be considered when assessing and discussing specific situations.   

The Sensoa Flag system is an educational tool; the situations are mere examples of possible reactions. The Use of the Sensoa Flag system needs to take into account all circumstances and the specific persons involved. 

Specific situations require much more than a pedagogic reaction. Always follow applicable procedures and protocols in Your organisation or country for a professional response in dealing with victims and perpetrators of sexual abuse and violence. This might include notification of authorities when required. 

Trainings 

If you want to educate other adults on using the Sensoa Flag System, We strongly recommend to first assist a training yourself. A list of trainings in Flanders (in Dutch) is available on www.sensoa.be. A list of experienced trainers in other countries can be found on www.Flagsystem.org. Trainings in Belgium need explicit consent by Sensoa. 

Use of the integral text 

Sensoa holds the exploitation rights to the Sensoa Flag System, except for an edition as a book (printed or electronic). Those rights have been transferred to Garant-Uitgevers n.v., Somersstraat 13-15 2018 Antwerp, Belgium. They have the exclusive right to publish and distribute The Sensoa Flag System as a book.  

It is therefore not permitted to distribute the full text of the book - in English or in translation - publicly or, for example, to put it on a public website in downloadable PDF form. If this does occur, the publisher may take legal action. If a public distribution of the full text is intended, arrangements should be made with both Sensoa and Garant-Publishers. For a published book (e-book or print), a three party agreement must be signed prior to publication between Garant as Publisher, Sensoa as Author (in this context, defined as ‘holder of exploitation rights’)  and the foreign Publisher, referred to as Translator.  

When drawing from the full text, cite as source: Frans, E. (2018). Sensoa Flag System: Reacting to sexually (un)acceptable) behaviour of children and young people. Antwerp, Belgium - Apeldoorn - The Netherlands; Garant.

Legal provisions 

Changes to the Terms of Use 

We have the right to change Our Website, Methodologies and Our Information at any time and, temporarily or permanently, to have them removed. In addition, We have the right to modify, update or change the provisions of the Terms of Use. It is Your responsibility to regularly review the Terms of Use, conditions, notices and any additional Terms of Use Yourself. Your continued Use of the Website, Information, or the Methodologies of Sensoa (including the Sensoa Flag System) after the effective date of a change to the Terms of Use will indicate Your express agreement with and acceptance of the changes. We disclaim any liability for any harmful consequences that may result from the changes to the Website, the Information, the Sensoa Flag System or the Terms of Use. 

No Waiver Clause 

Our failure to enforce any provision of these Terms of Use at any time or for any period, or to exercise any right under these Terms of Use, does not constitute a waiver of that provision or of Our rights. In no way, it affects Sensoa's right to enforce or exercise this provision at any time. 

Legal validity of the Terms of Use 

The invalidity of one or more provisions of these Terms of Use shall not affect the validity, applicability and binding nature of the remaining provisions. If one or more provisions are deemed or declared invalid on the basis of a law, regulation or final decision of a competent court, the remaining provisions shall retain their unaltered force and scope. The invalid provision will then be replaced by a new provision that will aim to achieve the original objectives of the invalid provision as far as possible. 

Applicable law and competent courts 

These Terms of Use are governed exclusively by Belgian law. The User agrees that only the courts of Antwerp have the authority to take cognisance of a dispute regarding the application or the interpretation of the Terms of Use. All other courts are excluded. 

The provisions contained in this article do not diminish or waive any legal rights that the User may have under applicable laws. Nothing in this article shall be construed to limit or prejudice the legal rights, remedies, or protections afforded to the User by law. 

Personal data 

The personal Information You communicate to Sensoa will be treated in accordance with Our privacy policy.

Contact 

For questions and/or remarks on these Terms of Use, please contact the Communications department of Sensoa: communicatie@sensoa.be

Complaints

If You have a complaint about Our service, please please send an e-mail to communicatie@sensoa.be. We will check what Your complaint is and what happened. Within 10 working days, You will receive a response to Your complaint. We consider a complaint settled when it has been answered properly in line with the complaint or when You signal Us that it is OK.