Beyond Ordering

Terms of Use

Introduction

These Terms of Use constitute the contractual arrangements between the User and the Service Provider, Beyond Ordering.

By registering as a User through the registration page, the User expressly agrees to the current Terms of Use and undertakes to comply with them.

Article 1: Definitions

  1. Ordering Platform: software “Beyond Ordering” developed by the Service Provider, which allows the User to offer Customers products via a digital ordering platform and where the order can optionally be paid via a Payment Provider.
  2. Payment Provider: an external company chosen by the Service Provider that processes the payment of the Transactions.
  3. Payment Method: the way in which a Customer wishes to pay the User for the goods or services delivered or to be delivered.
  4. Content: the content of the https://beyondordering.com website and the Ordering Platform
  5. Dashboard: a webpage made available to the User by the Service Provider by means of an access code, in which the data recorded by the Environment regarding historical transactions can be consulted by the User and in which the User can also make changes to his Products, Sales Price or VAT code
  6. Service Provider: the service provider known under the commercial name “Beyond Ordering”, with the company name “Beyond Ordering”, with registered offices at Brusselsesteenweg 255 in 9090 Melle, Belgium, and registered with the Crossroads Bank for Enterprises under number 0760305893.
  7. Service provision: the provision by the Service Provider of the Ordering Platform and related services in accordance with one of the Service formulas.
  8. Error message: an error message which means that the Ordering Platform cannot be used in the manner referred to in these Terms and Conditions of Use.
  9. User: any legal entity, company or actual association which has registered on the Ordering Platform.
  10. Terms of Use: the present terms and conditions of use including all annexes thereto.
  11. User Fee: the fee charged by the Service Provider to the User for the use of the Ordering Platform and the Service.
  12. Customer: a person/visitor to the User who proceeds to purchase a Product via the Environment.
  13. Cost per Transaction: the cost to be paid by the User per Transaction. The fee paid is only valid for orders placed through the Ordering Platform.
  14. Environment: the watdrinkje.be website and the Ordering Platform.
  15. Solution: a remedy or alternative way of working after the Service Provider has received and confirmed an Error Notification in such a way that the Ordering Platform delivers the functionality agreed with the User.
  16. Party/parties: the User and/or the Service Provider.
  17. Personal data: any data relating to an identified or identifiable natural person.
  18. Price List: the price list entered in the Ordering Platform and containing all the Products that the User wishes to offer through the Ordering Module, at the Sales Price specified by the User for those Products.
  19. Products: products offered by the User in the Environment to the Customer.
  20. Service Plan(s): the different levels of service as described herein.
  21. Failure: an unannounced interruption or unintended change in the functioning of the Ordering Platform which results in the Ordering Platform not delivering the functionality agreed with the User.
  22. Selling Price: price including VAT and any other applicable governmental amounts charged to the Customer by the User.
  23. Transaction: transaction between the Customer and the User for an order placed through the Ordering Platform within the Environment.

Article 2: The Service

The Service enables the User to accept orders from its Customers via the Ordering Platform in the Environment. The content of the Service depends on the selected Service Plan, as described here.

The Customer’s order is transmitted to the User via the Environment. Under no circumstances shall the Service Provider be liable for the Products purchased through the Environment. The Customer, by placing an order in the Environment, directly enters into a contract with the User for the delivery of the Product selected by the Customer. The User acknowledges that it bears full and exclusive liability for its delivered Products.

The following elements do not form part of the Service: all systems and functionalities which the User or the Customer uses to log on to the Ordering Platform or to pass on, request, print out, pay, etc. an order.

The Environment is provided “as is”, without any guarantee, explicit or implicit, including, but not limited to, guarantees of suitability for a particular purpose, guarantee that the functionality contained in the Environment meets the requirements of the User or the Customer.

Article 3: Opening an account and the process of registering as a User

Each potential User must create an account before he can offer and sell Products.

A potential User qualifies as a User when he has met the following cumulative conditions:

  • he/she must, if required, have a registration in the Crossroads Bank of Enterprises;
  • he/she must have a VAT number, if required;
  • he/she must have a Belgian bank account number and communicate it to the Service Provider;
  • he/she must accept the Terms of Use; and
  • to have an approved account.

 

If the potential User meets the above cumulative conditions, the Service Provider will make a decision on whether to accept the registration as a User. The registration can be refused without giving reasons, even in the event that the potential User proves to have met the above cumulative conditions.

The Service Provider may impose additional requirements in addition to the above-mentioned conditions.

After the aforementioned acceptance by the Service Provider, the User is entitled to offer Products in the Environment in accordance with these User Terms and Conditions.

The User is responsible for the use of the Ordering Platform and for those who gain access to the Dashboard.

The Service Provider shall be entitled at any time to suspend the use of the account by the User, including where the User has failed to comply with its payment obligation to the Service Provider.

The User is responsible for the accuracy of the data in its account.

Article 4: Articles and prohibited activities

The User may only offer Products through the Ordering Platform in accordance with the applicable legal provisions for such Products. The User guarantees that the Products offered do not contain any libelous, defamatory, obscene, pornographic or blasphemous materials or expressions. Furthermore, the User also guarantees that he does not offer Products that are prohibited, prohibited for certain persons or that (may) pose a risk to the reputation of the Service Provider, such as medicines, illegal or stolen Products, games of chance, narcotics and food supplements. The Service Provider may change this list at any time and/or remove or add activities. The User may not offer Products that infringe on the intellectual property rights of third parties.

If the Service Provider observes the sale of these prohibited Products, the Service Provider may proceed to immediately suspend or terminate the Services, without prior notice or judicial intervention.

Article 5: Customer relationship​

If a Customer proceeds to purchase a Product offered by the User through the Ordering Platform, a direct sale is established between the User and the Customer.

The User expressly acknowledges that the Service Provider is not or will not be a party to this sale.

The User is responsible at his/her own expense and risk for the correct execution and compliance with the sale. The User shall indemnify the Service Provider against any liability claim brought by a Customer against the Service Provider, as a result of or related to the use of the Ordering Platform and/or the conclusion and/or execution of the sale.

The User is responsible for opening and closing the Ordering Platform.

The User is responsible for guiding the Customer to the correct ordering module associated with its business. This can be done by means of affixing, downloadable on his Dashboard with or without QR code.

Article 6: Payments

The User will pay the purchased credits to the Service Provider. The User will be able to consult the status of the purchased credits.

Service fees associated with certain Service formulas are invoiced monthly by the Service Provider and expire 30 days after the invoice date.

For transactions made through a Payment Provider, the general terms and conditions of the Payment Provider are valid for these transactions.

The User is responsible for paying the agreed transaction fees to the Payment Provider. The Service Provider is not responsible for (technical) failures at the Payment Provider.

The selling price per Product offered by the User via the Ordering Platform must be equal to the Selling Price that the User states in its price list present in the catering establishment or at the event, or that is stated on the mandatory price lists in case of mobile sales.  The User vouches for compliance with all legal provisions regarding price, pricing and price labeling.

Article 7: Ordering platform and creating price list

The User is responsible for correctly completing the Price List in the Ordering Platform, unless otherwise agreed.  If the Price List is plugged in or uploaded by the Service Provider, the User undertakes to check it before use and to know it properly.

The User is responsible for the stock management of the Products offered.

The User shall have the necessary infrastructure to log in via the Internet and there follow up and handle the orders placed by the Customer via the Ordering Platform.

The Ordering Platform and the Service do not constitute a registered POS system. It is the User’s responsibility to take the necessary measures to comply with the legal provisions regarding the registered POS system.

Article 8: Voucher functionality

The User may (or may allow third parties to) make available to certain Customers a certain amount of money for the purchase of Products through the Environment and the Service Provider shall provide the possibility for this through the Environment by means of a specifically created QR code and webpage.

It is the responsibility of the User (or third party with whom the User cooperates) to share the information regarding the QR code and the specific web page with the Customer. The Service Provider does not bear any responsibility or liability for the manner in which the User manages the created vouchers, the manner in which the relevant QR code and specific webpage is shared with the Customer, nor for the manner in which the Customer uses it.

Article 9: Security and measures against fraud and improper use

The Service Provider has the right to terminate the agreement with the User, to discontinue the Service and to block the Ordering Platform in the event of (a suspicion of) fraud or improper use or if there are indications of fraud or improper use and/or situations that require further investigation. The User will be notified of this by email or by telephone, unless such notification is not considered desirable in the context of the investigation. The Service Provider is not liable for any damage suffered as a result.

The Service Provider may provide or suggest security procedures and measures with a view to reducing fraud and improper use. These procedures and measures may include processes or systems developed by the Service Provider or by third parties, including but not limited to the introduction of so-called authentication for logging on to the Dashboard. The User agrees to assess these procedures and measures and to choose what is appropriate for its activities in order to protect the User against unauthorized transactions and, if necessary, to use additional procedures and systems that are not provided by the Service Provider.

Article 10: Use of Content and Confidentiality

The User only acquires the non-exclusive non-transferable right to use the Content during the duration of the Service, in accordance with these User Terms and Conditions and exclusively for the purpose of selling through the Environment. In doing so, the User shall immediately follow all data and instructions obtained from the Service Provider.

The User and the Service Provider shall be entitled to disclose or hand over confidential information of the other party to the competent authorities, in cases where they are required to do so by applicable legal regulations.

The Service Provider is entitled to disclose information (including confidential information) to the Payment Provider, to an intermediary and/or a financial institution and/or at the request of the latter in the event of (suspected) fraudulent use of the Environment.

Article 11: Support

It is the responsibility of the User to provide adequately equipped and sufficiently robust Customer support (first line support) for the purchased Services in the context of its own service offering. In no case, unless otherwise agreed, does the Service Provider provide services directly to the Customers.

The Service Provider can be contacted by the User (second-line support) by e-mail, Whatsapp or telephone in accordance with the applicable Service Plan.

Article 12: Privacy and Cookie Policy

The Service Provider’s Privacy Statement applies to the processing of Personal Data of Users and Customers using the Environment and is accepted by the User by entering into a Service.

The Service Provider is responsible for the processing of Personal Data.

The Service Provider shall therefore comply with the General Data Protection Regulation with respect to the processing of Personal Data.

Acceptance of these Terms of Use implies that the User grants permission to the Service Provider to process the User’s Personal Data.

The Privacy Policy can be consulted here. The Cookie Policy can be consulted on the Environment itself.

Article 13 : Intellectual property rights

The Service Provider acquires the non-exclusive and non-transferable right to use and mention the trade name of the User in its communication and advertising as long as the User offers Products via the order module in the Environment.

The User acknowledges that all (intellectual property) rights concerning the Environment, the Content, the design, the texts, the images, the illustrations and all logos are and remain the property of the Service Provider and may not be used in any way by the User without the prior written consent of the Service Provider.

Artikel 14: Termination

The User may at any time terminate the Service by email after full payment of all Service fees.

The Service Provider is at all times entitled to suspend or terminate the Service with immediate effect if there is any violation of these Terms of Use.

The Service Provider is also entitled at all times to terminate the Agreement and discontinue the Provision of Services without giving reasons. The Service Provider shall not owe any fee or compensation to the User.

Article 15: Liability

The User is fully responsible and liable for the use of the Ordering Platform.

The User fully indemnifies the Service Provider for all damages and/or costs of any kind arising from the non-fulfillment of one or more obligations under these Terms of Use.

In its activities under these User Terms and Conditions, the User undertakes to comply fully with all applicable regulations such as the regulations relating to the registered cash register system and privacy regulations, including the General Data Protection Regulation and the Act on the Protection of Natural Persons with regard to the processing of Personal Data, and shall indemnify the Service Provider against all damage and/or costs.

Unless there is intent and/or gross negligence on the part of the Service Provider, the Service Provider is not liable in any way for damage and/or costs of any kind incurred by the User in connection with the use of the Ordering Platform, the Service, the Content and/or the Environment. Nor shall the Service Provider be liable for damages and costs resulting from: improper functioning of the ordering module, technical Failure, incorrect content info etc.

Artikel 16: Miscellaneous

The User shall never act as an agent or representative of the Service Provider and shall, in particular, not make any promises or assume any obligations for or on behalf of the Service Provider.

The User is not entitled to transfer the present agreement or the rights arising from it to a third party, unless the Service Provider has given its prior written consent.

The Service Provider is entitled to change these User Terms and Conditions and all attachments and references in these User Terms and Conditions at any time. The amended Terms of Use shall be effective immediately upon posting in the Environment.

The User agrees that Service Provider shall inform at regular intervals by e-mail at the e-mail address known to Service Provider about the use and possibilities of the Ordering Platform.

These Terms of Use and its annexes replace all previous oral, written or tacit agreements between the Parties and constitute the entire agreement between the Parties. Any modification must be the subject of a written agreement between the Parties.

Article 17: Applicable law and competent court

Any dispute relating to the application and/or interpretation of these Terms of Use shall be governed exclusively by Belgian law. The Commercial Court of Ghent – Ghent Division shall have exclusive territorial jurisdiction to hear any dispute in this matter.

Version June 1st 2021

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