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Terms and Conditions – LOYALBEE Business

 

User: User is the contractor with whom LOYALBEE B.V. concludes or has entered into an agreement.

 

General

LOYALBEE makes it possible to digitally connect Users and Consumers with a minimum of equipment including a smartphone, such as – but not limited to – the iPhone. All necessary software is made available digitally via the internet and the app store associated with the smartphone/tablet. The minimum requirement for the User to be able to use the LOYALBEE Business is a LOYALBEE Business account with which the User can log in. LOYALBEE Business functionalities may be limited to what the chosen subscription type allows.

Cost

  1. Costs are associated with the use of the LOYALBEE software and products for the User. These costs are included in the price list that can be requested from LOYALBEE for a User at all times, stating his details.

  2. LOYALBEE reserves the right to change the prices it uses at all times.

  3. Price changes relating to current Subscriptions will be communicated to the User. If the User does not agree with a price change, the User must inform LOYALBEE of this in writing within 30 days of the announcement.

  4. LOYALBEE products and/or services will – unless otherwise agreed – be delivered after the corresponding payment has been made in full by the User. Payment term is 14 days, unless otherwise agreed. Monthly costs are collected automatically with an authorization or by digital invoice.

  5. User is not entitled to a refund or credit of a product that is limited to the use of the LOYALBEE software.

 

Termination of Agreement

  1. This agreement is a fixed-term agreement, entered into for a minimum period of 12 months.

  2. In the event of termination by the User without mutual agreement, an unambiguous termination must be received in writing by LOYALBEE no later than 30 days before the end of the agreed term of the agreement.

  3. If the agreement is not terminated in time after 12 months – taking into account the notice period of 30 days prior to the end of the term of the agreement – the agreement will be converted into a monthly agreement which can be terminated in writing with a notice period of 30 days. cancelled. In that case, the User remains obliged to fulfill the payment obligations arising from the agreement.

  4. LOYALBEE reserves the right to terminate the agreement in whole or in part and to suspend further fulfillment of its obligations under the agreement if;

  5. User falls short in the obligations it has under this agreement.

  6. User is granted suspension of payment, is declared bankrupt, makes an arrangement with its creditors.

  7. There is a change in the business activities, including dissolution, takeover, merger or demerger.

  8. If the User posts offensive, discriminatory, pornographic or sexually oriented content.

  9. In the event of termination of the agreement between LOYALBEE and the User, LOYALBEE cannot be held liable for any crediting and/or restitution of all amounts or set-offs stated under 'Costs' for whatever reason.

Liability

  1. LOYALBEE reserves the right to change, limit or discontinue the scope and functionality of any software made available by LOYALBEE at any time without mandatory communication or agreement.

  2. The User is at all times responsible for the content, images and other data made available via LOYALBEE, regardless of whether these have been placed by the User himself, by third parties or with the assistance of LOYALBEE. LOYALBEE cannot guarantee the correctness of all data, whether partial or not, and accepts no liability for this.

  3. LOYALBEE is never liable with regard to the execution and transactions between the User, Consumer and any third parties including – and not limited to – for example any partners.

  4. LOYALBEE is not liable for mutilation, destruction or loss of data, data and/or documents and/or damage due to delays in the transport of data traffic.

  5. LOYALBEE cannot guarantee in any way that use of the software made available by LOYALBEE will lead to an increase in store visits, turnover figures or profit figures.

  6. LOYALBEE is not responsible and does not accept any liability for possible damage of any kind, caused in the (legal) relationship between the Consumer and the User or in the context of the establishment thereof.

  7. LOYALBEE is in no way responsible or liable for damage or any other loss or damage resulting from the use of LOYALBEE software, services and products.

  8. LOYALBEE cannot be obliged in any way by the User to compensate for any damage caused by a shortcoming, limitation, lack of availability, technical malfunctions or data loss in the software, services and products.

  9. By using one of LOYALBEE's services, the Consumer does not enter into an agreement with LOYALBEE, but with the User. LOYALBEE cannot be obliged to provide a performance, good or service to the Consumer on the basis of a stamp card, voucher card, event ticket, loyalty card, gift card, promotion or otherwise.

 

Force of the majority

  1. LOYALBEE is not responsible for the temporary or permanent inability to provide the Service, Products and/or Access to the software in the event of force majeure.

  2. Force majeure includes, but is not limited to; illness and/or absence of crucial LOYALBEE employees, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, shortcomings of suppliers of LOYALBEE, shortcomings of third parties engaged by LOYALBEE, hardware failures, server failures, failures in ( telecommunications) networks and other unforeseen circumstances.

  3. LOYALBEE is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure.

Other provisions

  1. These general terms and conditions may be amended in the meantime. Changes will be communicated in a timely manner via digital channels, such as – but not explicitly – via email. If the User does not agree with the new terms and conditions, the User will inform LOYALBEE of this in writing within 30 days, otherwise the User acknowledges that he accepts the new terms and conditions – tacitly or otherwise.

  2. If any provisions of our other terms and conditions conflict with these terms, those provisions in these terms and conditions will prevail, unless clearly stated otherwise in the other terms and conditions.

  3. Should individual provisions of the general terms and conditions be partially invalid, the remaining provisions will remain in effect for the time being.

  4. All current and other applicable terms and conditions can also be found online on the website atwww.loyalbee.nl

  5. Dutch law applies exclusively to all our terms and conditions and agreements. All disputes arising from an agreement or terms and conditions will be submitted to a competent court in Middelburg.

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© 2023 LOYALBEE BV

Chamber of Commerce: 88723380 - VAT: NL859423037B01

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© 2023 LOYALBEE B.V.

KvK: 88723380 - BTW: NL864749417 B01

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