These terms and conditions (the “Terms and Conditions”) apply to the use of the site www.bevoy.be (the “Site”), including any product and/or service ordered through the Site. No other Terms and Conditions shall apply unless otherwise agreed in advance and in writing.
The Site is operated by Switch On BV (the “Company”), registered in Belgium in the Crossroads Bank Enterprises under number 0727.484.063, with registered office at groeningenlei 16, 2550 Kontich, Belgium.
Each time a user clicks on the Site, he or she is deemed to accept the General Terms and Conditions in the form that they are published at that timeIf the user creates an account for the Bevoy wellness platform, she must also agree to the General Terms and Conditions. The user accepts that the Company may change the Terms and Conditions and Privacy Policy at any time. If the user does not agree to the Terms and Conditions and Privacy Policy, he or she should not use this Site or order products and/or services on the Site.
In this document, the following terms have the following meanings:
Company name: Switch On BV
Legal form: limited liability company
Business address: Groeningenlei 16, 2550 Kontich
Company number: 0727.484.063
VAT number: BE 0727 484 063
Email address: info@bevoy.be
These general conditions apply to every product and service offered by the company and to every distance contract concluded between the company and consumers and employers.
Deviations from one or more of the provisions of these general terms and conditions are possible only if expressly agreed upon and proven in writing. The other provisions of these general terms and conditions shall continue to apply in full in such case. General terms and conditions used by the consumer are not applicable.
The offer contains a complete and accurate description of the offered platform. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer/organization/employer. If the company uses images, they approximate as closely as possible a true representation of the platform and its functionalities.
Each offer contains such information that makes clear to the consumer/organization/employer the rights and obligations associated with accepting the offer. This relates in particular to:
the price; any taxes; the delivery costs; the way in which the agreement is concluded and what actions are required for this; whether or not the right of withdrawal is applicable; the method of payment, delivery or performance of the agreement; the period for accepting the offer or the period for maintaining the price; the minimum duration of the distance contract in the case of a contract that extends to continuous or periodic delivery of products or services.
The agreement enters into force at the moment of acceptance by the consumer/employer/organization of the offer and fulfillment of the associated conditions.
If the contract is concluded electronically, the company takes appropriate technical and organizational measures to secure the electronic transmission of data and provides a secure online environment.
The company can inform itself whether the consumer/worker/organization can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this examination, the company has grounds not to enter into the agreement, the company has the right to refuse an order or request, stating reasons, or to attach special conditions to the execution.
Platform prices are expressed in EURO and do not include VAT.
The consumer shall owe the price communicated by the company in its confirmation in accordance with Article 5 of these terms and conditions.
Obvious or patently obvious errors in the quotation, such as obviously false values, may be corrected by the company after the conclusion of the contract.
At your own request and after agreement of both parties, it is possible to pay, services or the platform by bank transfer. In the case of a bank transfer, we apply a payment period of 30 days unless otherwise agreed. Actions and discounts, unless otherwise agreed upon, are one-time only. Each Agreement, upon renewal, is renewed by operation of law as an Agreement to which no promotions and/or discounts apply.
The consumer/employer/organization is also responsible for all costs of any kind incurred by the company as a result of the customer’s non-compliance with his/her (payment) obligations.
If there is any question of Bevoy’s “rewards” provided by the employer/user being
purchased pays, billing is done periodically by Bevoy to the
consumer/employer/organization, accounting for the rewards purchased.
The company (Bevoy) only offers annual (1 year) subscriptions.
The subscription is automatically renewed after the expiration of the subscription period (1 year), until the employer or we explicitly cancel the Service with a notice period as further stated in this clause.
There will be no refunds or credits for partial years of Service, upgrade/downgrade refunds, Account cancellations, or refunds for unused years with an open Account. If you have any questions about fees that have been charged, please contact us immediately. If the charge was made in error, we will credit your account for the correct amount.
We reserve the right to change the prices for the Service and any associated additional services at any time upon thirty (30) days’ notice. Such notice may be provided at any time by posting the changes on the Service itself. In case you do not accept the price change, you are free to terminate the Service during the notice period further described here.
You must provide us with accurate billing information and keep us informed if it changes.
8A – Termination without cause by consumer/employer/organization.
You may terminate this agreement at any time by giving the required notice. If You cancel the Service thirty (30) days prior to the end of Your current subscription period, Your cancellation will take effect immediately and Your subscription plan will not automatically renew. The company will notify you in advance when your subscription plan is about to end. Termination from you will be considered valid only if given by the Account Owner.
Consequences of termination. You understand that if you terminate these Terms and Conditions, you will lose access to our platform and all Customer Data provided by you. You understand that we are under no obligation to provide you with copies of such Customer Data, nor to maintain copies of such Customer Data on our platform.
In the event of termination of the agreement for any reason, the Client/employer/organization is obligated to pay all outstanding invoices.
Bevoy has the right to suspend or terminate access to the Bevoy Wellness Application if the Customer repeatedly fails to make timely payments. Bevoy will notify the Customer of this and offer a reasonable period of time to still make payment before suspending or terminating.
The client/employer/organization acknowledges and accepts that Bevoy’s platform is provided as is. Employer agrees not to hold Bevoy liable with respect to claims by the customer/employer/organization arising from the use of the platform. The customer/employer/organization shall indemnify Bevoy against any claim or demand from any third party(ies) arising out of or through the use of the platform.
Any liability of Bevoy arising as a result of intent or deliberate recklessness on the part of Bevoy is limited to the maximum amount per claim paid in that case under the liability insurance taken out by Bevoy.
If, for whatever reason, the aforementioned insurance does not pay out or no payment is made, Bevoy’s liability will be limited to a maximum of the amount invoiced by Bevoy to customer/employer/organization and paid by customer/employer/organization in the most recent contract year. Under no circumstances will Bevoy be liable for any form of indirect damage.
The Bevoy wellness platform may from time to time be temporarily unavailable for maintenance or other reasons. Bevoy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of the Content.
Bevoy is not responsible for technical failure or other problems of any telephone network or service, computer systems, servers or providers, computer or cell phone equipment, website, failure of email or players due to technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, cell phone or other hardware or website, related to or resulting from the use, uploading or downloading of materials in connection with our platform.
Under no circumstances will Bevoy be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our platform, or for interactions between users and employers of our platform, online or offline.
The information provided by the customer/employer/organization is necessary for processing and completing orders, preparing invoices. The personal data of the customer/employer/organization will only be processed in accordance with the applicable privacy policy, which can be viewed on the company’s website.
Complaints about the performance of the contract must be submitted to the company within a reasonable time, fully and clearly described, after the consumer or employer has identified the defects.
If a consumer or employer disagrees with the company and has already consulted the company about it, the consumer can seek advice or file a complaint with the European ODR platform.
All agreements between the consumer and the company are governed exclusively by Belgian law.
All disputes relating to or arising from Company offers or agreements with Company shall be brought before the corporate court in Ghent, Ghent Division, unless a mandatory statutory provision expressly designates another court as the competent court.
Users are rewarded with Lifecoins through the Bevoy wellness platform.
Lifecoins are non-transferable, have no monetary value and cannot be redeemed for cash. They may not be “sold” to a third party. We reserve the right to deduct Lifecoins from a user account in the event of a breach of the terms of this license.
The number of Lifecoins required to redeem for a reward or benefit is subject to change at our discretion and that of the relevant customer/employer/organizations, and a previous redemption value is not indicative of a future redemption value.
The rewards and benefits offered through the redemption of Lifecoins (and their expiration date or other terms and conditions) may change over time, and may be changed or excluded from redemption from time to time at our and the relevant Employer’s discretion.
We are under no obligation in any situation to award Lifecoins to a user’s account in the event that they are not validated by our systems, even in the event that a device’s data suggests that they should be awarded based on activity.
Any decision regarding the assignment or removal of Lifecoins is in our absolute discretion and our decision on whether to assign or remove Lifecoins is final.
Once Lifecoins are redeemed for a reward or benefit, they will not be re-credited to a user’s account regardless of whether or not they have changed their mind in wanting to receive the reward or benefit in connection with which they were redeemed.
In the event that we miscalculate the number of Lifecoins redeemed with respect to a reward or benefit, we may, at our discretion, re-credit your account or at least provide redemption.
When the user leaves employment or the client/employer/organization terminates its contract with us, access to the platform will end. When access ends the Lifecoins will be removed.
After purchasing a reward through our partner network, redemption of that reward is made directly with the supplier and we are not responsible for the delivery, quality or otherwise of any goods and services received or provided or the failure of a supplier to honor a redemption or make a specific reward available.
The terms and conditions of the Supplier of the service/product shall apply to the
Redeeming the voucher at the supplier. For dissolution and/or return of
the product and any charges, the Customer must follow the terms of delivery of the
Supplier to consult.
Through the Bevoy welfare platform, it is also possible for an employer to add its own rewards. The platform sends a notification to the HR manager who further takes care of gift processing. We are not responsible for the content, delivery, quality of the rewards added by ourselves.
13A – Annual Reset of Lifecoins.
Lifecoins are automatically reset to zero (0) each year on the contract renewal date. Users are encouraged to use their earned Lifecoins before the end of the contract year.
As an exception to this rule, the employer or organization may choose to carry over employees’ remaining Lifecoins to the following year. In this case, the employer or organization must notify Bevoy in writing of this decision before the annual renewal date.
When Lifecoins are transferred to the following year, the employer or organization is responsible for communicating this decision to employees and informing them of the validity period of the transferred Lifecoins.
When carrying Lifecoins over to the next year, the employer or organization should be aware of the impact on the predetermined annual budget. The total budget available for rewards in the new year will be affected by Lifecoins carried forward.
These Terms are not intended to and should not be
interpreted as a modification of the Customer’s or Bevoy’s proprietary rights or licenses to Intellectual Property. The Client/employer/organization and Bevoy agree that these Terms and Conditions do not entitle them to claim any Intellectual Property to which, prior to the signing of these Terms and Conditions, they could not claim. Bevoy is and shall remain the exclusive owner of all of its Intellectual Property relating to its products and services including, but not limited to, the Intellectual Property underlying or incorporated, included or used in Bevoy’s technology, Bevoy Services, website or software.
