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1. Introduction 

LADS AGENCY (“we”, “our”) is a limited liability company organised and existing under the laws of Belgium, having its statutory office at Belgium, 1000 Brussels, Koning Albert II-laan 4 and registered with the Crossroads Bank for Enterprises under number 0764.579.239.  

 

We are the developer and owner of the mobile application known as “TribeUp” (“App”). The App offers its subscribers the possibility to socialize with other fellow athletes, provides tailor-made e-learning content, offers exclusive deals and in some cases, as outlined in these Terms, facilitates sponsorship opportunities (“Services”).  

 

We operate the following website regarding the App: www.tribeup.social (“Website”). 

 

We can be reached by using the following contact details: 

 

2. Applicability of these Terms 

 

  1. These Terms explain the rules governing the use of the App, Services and Website. By accessing or using the App, Services and/or Website (whatever applies), you acknowledge and agree that you have read and understand our Privacy Policy and have read, understand and agree to be bound by these Terms . If you do not agree to these Terms, please do not access or use our App, Services and/or Website. The Terms and the Privacy Policy can also be consulted in the “Settings” tab of the App under “About us”. 

 

  1. ​​​These Terms shall in any case prevail over the general terms conditions issued by you and/or any other third party, even if we would not have expressly protested them. 

 

  1. We may, from time to time, modify these Terms. If the amendments only concern the Website, you will not be informed of the amendments. If the amendments concern the Services and/or the App, we shall inform you of these amendments as soon as possible, but at least 30 days before we make these amendments. If you continue to use the Services and/or App, you will be deemed to have agreed to the amended text and such amended text shall bind you for the current Subscription. If you do not agree to these amendments, you can delete your account, within the app itself, which will terminate the Subscription (cf. art. 6). 

 

3. Services  

 

  1. On the App, we offer the following Services:  

 

  • Social network: Through the App, you can build a social network of fellow athletes (“Friends”). You can share content (such as posts, videos and photos) with your Friends on the ​​​​“Wall” or with “Circles” composed of selected Friends. All profiles are private by default. You will be notified if the content has been successfully uploaded, is being processed or could not be uploaded (in which case we advise you to contact us). You will be notified of likes and comments on the content you posted via the tab “Notifications” on the App. You can decide to delete content at any time by clicking on the post itself and clicking “delete post”.  

 

You can expand your Social Network by adding other athletes. By using the search function, you can search for other athletes by name. In doing so, you can use the filter: sport, national team, club and/or nationality. Before you use the search function, the ambassadors of the App (“Ambassadors”) will be shown by default. 

 

By clicking on “add friend”, an invitation is sent. As soon as the invitation is accepted, you will be notified and the Friend will be added to your Social network. 

 

​​​​​You can invite other athletes to sign up on the App using a QR code, a secure link or via e-mail, who can then register cf. art. 5.  

 

You can decide at any time to delete a Friend, remove them from a Circle or report their profile. 

 

  • E-learning Content Platform: The App contains an E-learning Content Platform where you can access all kinds of content of an educational nature, such as reports, photos, videos and articles. Through a filter (content type and category), you can find the e-learning content you want to consult. E-learning content is freely available except for content marked with a ‘crown’, which is only available as a part of the “Premium Subscription” (cf. art. 6). You can also save e-learning content to consult at a later time. The e-learning content is only available through the App and cannot be downloaded. 

 

  • ​​​​​Deals on Market Place: Exclusive deals (discounts, special offers, access to exclusive brands, etc.) will be posted on the Market Place for you to enjoy. You can search for specific deals by using the filter: upload date, brand, category and sport. The choices indicated in the filter can be saved and can be changed at any time. It is essential to note in this regard that under no circumstances can you make a purchase in the App. If you are interested in a specific deal, you can click on the deal in the App and you will be redirected to the website of the third party trader where you can make the purchase. ​​​​Only deals from third party traders are posted on the Market Place. 

 

  • Facilitation of Sponsorships: Your details can upon your request be passed on to interested sponsors, who may then contact you. Under no circumstances are we involved in the negotiation or conclusion of a sponsorship agreement. We therefore cannot be held responsible for whether or not a sponsorship agreement is concluded following the transfer of your personal data to interested sponsors and/or contact between you and the sponsor. This Service is only offered if you reside in one the following territories: Belgium, the Netherlands, Luxemburg, France, Germany or the UK.    

 

4. User types 

 

4.1. We define 3 different types of users of the App, Services and/or Website: 

 

  • “Site Visitors”: These are the users visiting the Website, without access to the Services and App (they don’t make an Account Registration and a Subscription). 

 

  • “Premium Subscribers”: These are the users who use the paid version of the App following Account Registration and take out a “Premium Subscription” (cf. art. 6) which offers these users full access to all the Services (with or without Facilitation of Sponsorships, depending on the place of residence cf. art. 3).  

 

  • “Subscribers”: These are the users who use the free version of the App following an Account Registration and take out a Subscription which offers these users access to the Social network and limited access to the E-learning Content Platform (e-learning content without an indication of a ‘crown’). The Deals on the Market Place and Facilitation of Sponsorships are excluded from this free Subscription.  

 

4.2. Users can be either natural persons using the App, Services and/or Website exclusively for non-professional purposes (“Consumers”) or natural/legal persons using the App, Services and/or Website for professional purposes (“Professional Customers”). 

 

4.3. Only (semi-)professional athletes of at least 16 years old can subscribe to the App and can therefore become “Premium Subscribers” or “Subscribers”.  

  • A professional athlete is an athlete whose profession is to practice a particular sport and participate in competitions at a(n) (inter)national level, and who holds a professional license issued by any sanctioning body (“Professional Athlete”). The following aspects/events can be taken into account to ascertain whether the (Premium) Subscriber is a Professional Athlete provided theses aspects/events did not occur langer than a year before subscription request:  

  • a contract with a (semi)professional sports team; 

  • fee for participating in (semi)professional sports games; 

  • participation in a professional match in a country with a (semi) professional competition; 

  • competition against an opponent with a professional statute record at the time the game/event took place; 

  • a professional match or event published anywhere; 

  • participation at the Olympic Games, at a world championship, at a continental championship or at a national championship over the last two years in a sport that has been recognized by the International Olympic Committee or is represented at the World Games; 

  • A semi-professional athlete is an athlete who does not practice sports on a full-time basis, but does receive fees for practising sports​​ (“Semi-Professional Athlete”).  

 

5. Account Registration  

 

5.1. To access the Services and App, you must first register for an account by providing us with your name, surname, date of birth, e-mail adress and by creating a password. A link is then sent to the e-mail address you provided, which needs to be verified by you. 

 

5.2. After the information as under 5.1 is provided to us, we will proceed to verify your identity and status as a Professional Athlete or a Semi-Professional Athlete on the basis of (i) a document proving membership with a sports federation/club (e.g. declaration of sports federation/club, registration number) or if applicable, a photograph of the front of an identity card (whereby the national register number and the photograph of the identity card holder should be made invisible) or alternatively a photograph of the front of a driving licence; and (ii) at least 2 hyperlinks to websites (such as for example Wikipedia page, press articles, sports results website, etc.) proving that you are a Professional Athlete or a Semi-Professional Athlete. This information is only used in order to verify your identity and status as a Professional Athlete or a Semi-Professional Athlete and is deleted by us after the verification process described in 5.3. 

 

5.3. Based on the information as provided to us under 5.1. and 5.2., we will either approve your registration on our App (if it can be determined that you are a Professional Athlete or a Semi-Professional Athlete) or reject your registration on our App (if it can be determined that you are not a Professional Athlete or a Semi-Professional Athlete). ​​​​You will receive an e-mail from us notifying you of the approval/​​rejection of your registration together with these Terms in a format that can be saved or printed. In case of approval, you will be able to use the App immediately and complete your profile by adding information regarding amongst others the sport you practise, national team, club, profile picture and description.  

 

5.4. You agree to provide us with accurate, complete, and up to date registration information about yourself. 

 

5.5. ​​​​It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. In the “Settings” tab of the App under “General settings” and “Account”, you can change your e-mail and password at any time. 

 

6. Subscription 

 

6.1. You can enter into a paying Subscription (“Premium Subscription”) after the confirmation of the approval of Account Registration (cf. art. 5.3.) in the App via the tab “Upgrade” which can be accessed on the App Dashboard. After choosing the payment term (monthly or annually), you will have to pay the License Fee (cf. art. 8). After payment of the License Fee, the confirmation of the Premium Subscription will be sent to you via e-mail. However, it is not mandatory to enter into a Premium Subscription. If you prefer, you can simply use the App under a free Subscription. 

 

6.2. In case of a Subscription,​​​​​​ your access to our Services starts immediately after (i) our confirmation, provided the License Fee is paid (cf. art. 8) in case of a Premium Subscription, or (ii) the confirmation of the approval of Account Registration (cf. art. 5.3.) in case of a free Subscription.  

 

6.3. The Premium Subscription can be entered into on a monthly or annual basis.  

 

6.4. The free and Premium Subscription can be terminated in the Google/Apple App Store, in accordance with the terms and conditions of the Google/Apple App Store.  

 

6.5. Each party shall be entitled to terminate the Premium Subscription at any time by giving notice without further notice of default, without prejudice to your obligation to pay any amounts still due and without prejudice to the right to compensation, if any of the following circumstances occur: (a) if a party, after written notice to comply with its contractual obligations within 14 calendar days (such as e.g. paying invoices) fails to fulfil these obligations; (b) if a party is in a state of bankruptcy, insolvency or cessation of payments, its credit is shaken, or in case of liquidation or dissolution of such party; (c) if you don’t agree with the amendments to the Terms (cf. art. 2.3.); (d) Force Majeure Event cf. art. 20; (e) if we find there is illegal User Content/Content contrary to the Terms (cf. art. 11.3.). 

 

6.6. In addition, the Consumer has the right to terminate the Premium Subscription in case of such a serious conformity defect (cf. art. 13.3.) and/or in case of a modification of the App with negative consequences for the Consumer (cf. art. 15.2.).  

 

​​​​​​​Upon termination of the Premium Subscription cf. art. 13.3., we shall refrain from using any content other than personal data, which was provided or created by the Consumer when using the App, except where such content:  

  • has no utility outside the context of the App;  

  • only relates to the Consumer's activity when using the App;  

  • has been aggregated with other data by us and cannot be disaggregated or only with disproportionate efforts; or  

  • has been generated jointly by the Consumer and others, and other Consumers are able to continue to make use of the content, which at the request of the Consumer, is made available free of charge within a reasonable time and in a commonly used and machine-readable format. 

 

6.7. Upon termination of your Subscription, all the provisions of Services and access to the App will cease to have effect, without prejudice to accrued liabilities and rights as at the date of termination. 

 

6.8. ​​At your request within 7 days following the termination of your Subscription, we may provide you with a copy of all the relevant data regarding you, in a standard machine-readable format. 

 

6.9. Within ​​6 months following the termination of your Subscription, we will irrevocably delete from the App (and our other systems) all your personal data and submitting a request cf. art. 6.6. and 6.8. will no longer be possible. 

 

7. Access and License 

 

7.1. Subject to your compliance with these Terms, we grant the Site Visitors access to the Website and we grant the Premium Subscribers and Subscribers a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services and App. The  use of the App, Services and/or Website is only for internal use and subject to these Terms and compliance with all applicable legal requirements. You will not have any access to the source code of the App, Services and/or Website. 

 

8. ​​​​​License Fee 

 

8.1. Following your Premium Subscription a “License Fee” will be charged, which will have to be paid in the Google/Apple App Store depending on where you download the App.   

 

8.2. Depending on your choice, the License Fee is due on a monthly or annual basis (cf. art. 6). ​​​​​​At any time, you can change the payment period of the License Fee in the App from annual to monthly if you wish. This change will take effect from the year following the start of the Subscription during which an annual License Fee was due (provided the Subscription is not terminated).   

 

8.3. In the event of non- or late payment (full or partial), we will suspend access to the Services and App, without being held liable for any resulting damage. 

 

9. Intellectual Property Rights 

 

9.1. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs). 

 

9.2. All Intellectual Property Rights with respect to the App, Services and Website shall, as between the parties, be and remain our exclusive property (and our partners or other sources, if any) and are protected by international and Belgian copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. 

 

9.3. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the App, Services and Website. You agree to notify us immediately upon becoming aware of any claim of infringement of such laws.  

 

10. Acceptable Use 

 

10.1. You must comply with the rules regarding Content Moderation (cf. art. 11) as well as the following rules regarding acceptable use of the App, Services and/or Website (whatever applies): 

  • The use is limited to yourself; 

  • Your rights cannot be sub-licensed or you cannot allow any unauthorised person to access or use your account, the Services and/or App; 

  • The App, Services and/or Website cannot be framed or otherwise re-published or re-distributed by you; 

  • The App, Services and/or Website cannot be altered, adapted or edited by you; 

  • The App, Services and/or Website cannot be used in any way that causes, or may cause, damage or impairment of the availability or accessibility; 

  • The App, Services and/or Website cannot be used in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; 

  • You cannot access, tamper with, or use the non-accessible parts of the App, Services and/or Website or our computer systems; 

  • You cannot probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;  

  • You cannot access or search the App, Services and/or Website by any means other than our publicly supported interfaces (for example, “scraping”); 

  • You cannot attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); and/or 

  • You cannot interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the App, Services and/or Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the App, Services and/or Website. 

 

10.2. You will hold us harmless and indemnify us against all liabilities suffered or incurred as a result of breach of the Acceptable Use. 

 

​11. Content Moderation  

 

11.1. User Content: The Services and App allow you to upload content (such as posts, pictures, videos, comments, etc.) (“User Content”). You will at all times maintain ownership of the User Content you submit, but you will grant us a non-exclusive licence to store, copy and otherwise use the User Content, even if the User Content is protected by intellectual property rights, for the purposes of operating, providing or improving the App, Services and Website.  

 

You may not post any User Content that: 

  • violates any applicable law, statutes, regulations, legally-binding codes or any third party’s rights such as Intellectual Property Rights; 

  • is deceptive, fraudulent, illegal, obscene, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking, supports or praises terrorism, organized crime or hate groups; 

  • contains any sensitive personal information; 

  • gives rise to any cause of action against us; and/or 

  • imports any harmful such as viruses, Trojans, worms, root kits, spyware, adware or any other harmful software, programs, routines, applications or technologies.  

 

11.2. ​​​​Notice and action mechanism:  The App contains a notification mechanism​​​​​​, to allow you to notify us of the presence on the App of a profile (go to the profile of user to report – options – “report profile” – fill in the form) or User Content (go to the content to report – options – “report content” – fill in the form) that you consider to be “illegal content” (any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with European Union law or the law of any EU member state which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law, cf. art. 3(h) Regulation 2002/2065 on a Single Market for Digital Services). 

 

The notice should contain the following elements:  

  • A sufficiently substantiated explanation of the reasons why you allege the User Content in question to be illegal content;  

  • A clear indication of the exact electronic location of that User Content, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal User Content adapted to the type of content and to the specific type of hosting service;  

  • Your name and email address, except in the case of information considered to involve sexual abuse, sexual exploitation and/or child pornography;  

  • A statement confirming your bona fide belief that the User Content and allegations contained therein are accurate and complete. 

 

Where the notice contains your electronic contact information we will, without undue delay, send a confirmation of receipt of the notice to you. 

 

We will also, without undue delay, notify you of our decision in respect of the User Content to which the notice relates, providing information on the possibilities for ​​​​​​redress in respect of that decision. 

 

11.3. Illegal User Content and/or User Content contrary to the Terms: If we believe that the User Content amounts to illegal content or User Content contrary to our Terms, we may take the following measures: 

 

  • Any restrictions of the visibility of specific items of the User Content, including removal of the User Content, disabling access to User Content, or demoting User Content;  

  • Suspension or termination of the provision of the Service in whole or in part;  

  • Suspension or termination of the account. 

 

If you are affected by any of these measures, we will provide you with the clear and specific reasoning for doing so. At least the following elements will be mentioned in the reasoning: 

 

  • Information on whether the decision entails either the removal of, the disabling of access to, the demotion of or the restriction of the visibility of the content, or imposes other measures referred to in art. 11.3. with regard to the User Content, and, where relevant, the territorial scope of the decision and its duration;  

  • The facts and circumstances relied on in taking the decision, including, where relevant, information on whether the decision was taken pursuant to a notice submitted in accordance with art. 11.2. or based on voluntary own-initiative investigations and, where strictly necessary, the identity of the notifier;  

  • Where applicable, information on the use made of automated means in taking the decision, including information on whether the decision was taken in respect of User Content detected or identified using automated means;  

  • Where the decision concerns allegedly illegal User Content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal on that ground;  

  • Where the decision is based on the alleged incompatibility of the User Content with the Terms, a reference to the contractual ground relied on and explanations as to why the content is considered to be incompatible with that ground;  

  • Information on the possibilities for ​​​​redress available.  

 

You will hold us harmless and indemnify us against all liabilities suffered or incurred as a result of uploading illegal User Content or User Content contrary to the Terms. 

  

12. Third Party Links and Websites 

 

12.1. The App, Services and/or Website may provide information and content provided by third parties and links to third-party websites or resources. Such third party’s will apply their own own terms of service and privacy policies. It is your responsibility to consult them. We are not responsible (and will therefore not be liable) for the availability of such external sites or resources and are not responsible or liable for any content available from such sites or resources or practices of the operators of such sites or resources.  

 

13. Remedies for lack of conformity  

 

13.1. In the event of a conformity defect in the App, the Consumer shall inform us thereof without delay via the email address as provided above, or via the “report a bug” function available in the App. Depending on the specific case, the Consumer has several rights depending on the situation, such as the right to have the App made compliant again by us within a reasonable period of time, free of charge and without serious inconvenience to the Consumer, a proportionate price reduction or a termination of the Subscription. 

 

13.2. We will always proceed to make the App compliant in the first instance. If this fails or if making the App compliant would be impossible for us or involve disproportionate costs, the Consumer is entitled to a proportional price reduction.The proportionate reduction in price shall apply to the period of time during which the App was not in conformity. 

 

13.3. Only in the event that the lack of conformity is so serious that the App is no longer useful, the Consumer has the right to terminate the Subscription. The Consumer shall exercise the right to terminate the Subscription by means of a statement expressing the decision to terminate the Subscription, that can be sent via the email address provided above. 

 

In the event of termination of the Subscription, we will reimburse the Consumer for all sums paid under the Subscription. We will reimburse the Consumer only for the proportionate part of the price paid corresponding to the period of time during which the App was not in conformity. 

 

13.4. Any reimbursement due to a price reduction or termination of the Subscription shall be carried out without undue delay and, in any event, within 14 days of the date on which we were informed of the Consumer's decision to invoke his right for a price reduction or to terminate the Subscription. We shall carry out the reimbursement using the same means of payment as the Consumer used to pay for the App, unless the Consumer expressly agrees otherwise, and provided that the Consumer does not incur any fees as a result of such reimbursement. 

 

14. No right of withdrawal  

 

14.1. ​​​​Since the performance of the Services takes place during the withdrawal period, i.e. within 14 days from when the Subscription was entered into (cf. art. 6), the Consumer does not have a right of withdrawal in accordance with art. VI.53, 13° of the Code of Economic Law. When entering into the Subscription (cf. art. 6), the Consumer acknowledges that he loses his right of withdrawal as the performance of the Services already commences during the withdrawal period.  

 

15. Modification of the App 

 

15.1. We may modify the App beyond what is necessary to maintain the App in conformity. This modification is made without additional cost to the Consumer. We will inform the Consumer of this modification in a clear and comprehensible manner in advance of the features and time of the modification and the right to terminate the Subscription (see art. 15.2.).  

 

15.2. If the modification negatively impacts the Consumer's access to or use of the App in a significant way, the Consumer is entitled to terminate the Subscription free of charge within 30 days of the receipt of the information or of the time when the App has been modified, whichever is later. In this case, we will refund the License Fee already paid by the Consumer (on either an annual or monthly basis) to the Consumer, without the refund covering the period prior to the modification of the App. The refund will be made in accordance with art. 13.4. Under no circumstances will we be liable to pay any compensation.  

 

16. Warranties 

 

16.1. We warrant and represent to you:  

  • That we have the legal right and authority to operate the App, Services and Website; 

  • That we will perform the Services with reasonable care and skill; 

  • That the App will operate without defect, error or bug having a materially adverse effect on the appearance, operation or functionality, except if this is resulting of your act or omission in breach of these Terms (however if you would encounter a problem on the App, you can report this as a bug under the settings “Report a bug”); and 

  • The App (excluding for the avoidance of doubt the User Content) will not infringe any third party’s Intellectual Property Rights.  

 

16.2. The information presented on or through the App, Services and/or Website (whatever applies) is made available solely for general information purposes. We do not confirm the accuracy, completeness or usefulness of this information. You agree that the App is a only working tool and we will not and do not purport to provide any binding advice. Any reliance that you place on such information is strictly at your own risk. 

 

16.3. All of our warranties and representations in respect of the subject matter of these Terms are expressly set out here. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of these Terms will be implied. 

 

17. Data Protection 

 

17.1. For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.  

 

18. Third Party Claims 

 

18.1. Subject to your compliance with these Terms, we will indemnify you against all liabilities suffered or incurred as a result of a Third Party’s Claim following your use of the App, Services and/or Website (whatever applies) only insofar as art. 18.2. is complied with. 

 

18.2. In case of an actual or potential Third Party’s Claim, you will: 

  • upon becoming aware thereof, promptly notify us in writing; 

  • provide us all reasonable information and assistance;  

  • allow us the exclusive conduct of all disputes, proceedings, negotiations and settlements in this regard;  

  • not admit liability in connection with the Third Party Claim or settle an actual or potential Third Party Claim, without our prior written consent. 

 

19. Limitations of liability 

 

19.1. We will not be liable in respect of any unforeseeable, indirect, special or consequential loss or damage, such as (without being limitative) loss of profits, income, revenue, use, production or anticipated savings, loss of business, contracts or commercial opportunities, loss of or damage to goodwill or reputation, loss or corruption of any data or for errors in performance of the Services due to insufficient or incorrect input by you.  

 

19.2. Furthermore, we will not be liable for any losses arising out of a Force Majeure Event (cf. art. 20). In order to provide you with the App, Services and/or Website, it is possible that we rely on the services/products of third-party suppliers. We cannot be responsible for the failure of these services/products as this is considered a Force Majeure Event (cf. art. 20). Regarding the services/products from third-party suppliers, we therefore do not accept any liability above or beyond the liability that the third-party suppliers are willing to accept for their services/products.  

 

19.3. In the event of liability for direct damage due to fraud, intent or gross negligence on our part (including our employees or appointees), any compensation will not exceed the total amount of the License Fee paid by you for the relevant Subscription during the 12 months period immediately preceding the event(s) giving rise to the claim. 

 

19.4. Notwithstanding the above, we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so under the applicable law. Therefore, any limitation of liability provided for in art. 19.1. – 19.3. will not apply if the damage involves physical injury or death. 

 

20. Force Majeure Event 

 

20.1. “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected including but not limited to failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars, epidemic, pandemic and (semi) lockdown, failure of services/products of third-party suppliers (cf. art. 19.2.). 

 

20.2. Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. 

 

20.3. If the Force Majeure Event lasts for more than 6 months, each party has the right to terminate the Subscription, without any compensation being due to each other. 

 

21. Applicable law and dispute regulation 

 

21.1. These Terms are governed exclusively by Belgian law. 

 

21.2. If you have any complaints or disputes regarding these Terms, the App, Services and/or Website, the parties will use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations.  If no amicable settlement can be reached within a reasonable period of time, all claims shall be submitted to the exclusive jurisdiction of the courts of Antwerp (Division Antwerp), Belgium. 

 

21.3. For disputes with a Consumer, the court of the place of residence of the Consumer shall have jurisdiction to settle the dispute. For Consumers, there is also the possibility to appeal to the alternative dispute resolution through the Consumer Ombudsman Service (North Gate II, Koning Albert II-laan 8 Bus 1, 1000 Brussels, tel : 02 702 52 00, contact@consumentenombudsdienst.be, www.consumentenombudsdienst.be/nl). If you are a Consumer resident in a European country other than Belgium, we refer you to the European Commission's online dispute resolution portal: https://ec.europa.eu/odr.  

 

22. General Terms 

 

22.1. We will not waive any of our rights, unless we do so expressly in writing. Any waiver of existing rights shall not automatically apply to future rights. 

 

22.2. Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

 

22.3. Your Subscription to our Services and App will not constitute a partnership, agency relationship or contract of employment between us. 

 

22.4. We may freely assign any or all of our contractual rights and/or obligations regarding the App, Services and Website to any affiliate or any successor to all or a substantial part of our business.  

 

22.5. We may deliver notice to you by e-mail, posting a notice on the App and/or Website. You can send us a notice by e-mail or to our physical address (cf. art. 1). 

Terms and conditions

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