Effective as of 28h of August 2018
This Terms of Service Agreement explains the terms and conditions under which you are able to use the App and Services provided by D-Side SA. Please read carefully this Terms of Service document, and keep a copy of it for your reference.
BY USING OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY D-SIDE SA YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH D-SIDE SA, AVENUE L. MOMMAERTS 24, 1140 BRUSSELS, BELGIUM. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and D-Side SA.
1.1The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document.
‘App’ refers to the software application of Let's Connect available for iOS and Android mobile devices.
‘Services’ refers to the functionality of the App, scanning option, placing, confirming and managing your orders, and other services provided by D-Side SA, as indicated in the App.
‘Platform’ refers to the App and Services collectively.
‘User/You’ refers to any person using or accessing our Platform.
‘We/Us/Let's Connect’ refers to D-Side SA, the App, and their partners and affiliates.
‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.
‘Third-Party’ refers to any application, website, natural or legal entity other than D-Side SA.
‘Content’ refers to all images, text, audio and video data or any other information located on the Platform.
‘Information’ refers to information about the Users themselves provided for the purpose of using our Services.
‘Confidential Information’ refers to any and all information disclosed between the parties of this Agreement in relation to the Services, and especially, without limiting, Content available only for registered Users. Confidential Information does not cover information that was known to either party prior to disclosure, information that was made available to the public or information which is intended and disclosed for the purpose of publishing.
2.1Let's Connect offers a Platform through which Users are able to scan products’ QR codes and EAN codes during an organized event and place and confirm orders. Access to these Services is available upon registration which is done through proper form in the App.
2.2Considering the way the App functions, we cannot guarantee that the App will perform in all circumstances. If User chooses to use our App for scanning and ordering products, they need to make sure:
1That the mobile device User intends to use is able to run the App.
2That the App is able to scan QR codes and EAN codes in any light condition perfectly.
3That there is a stable internet connection available for the use of the App. Users must consider that in big crowds high workloads on the networks may cause instability with the internet connection.
2.3Let's Connect cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Let's Connect cannot and does not guarantee the 100% uptime for its Services. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the Let's Connect area of influence, (v) bugs in code, hardware or Services without a commercially know fix.
2.4By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
2.5During the registration process, you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by forms provided. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
2.6You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
2.7By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them.
2.8If you have any question or suggestion you can contact us at support@letsconnect.store.
3.1You agree that you will not misuse our Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i)send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii)collect Users' content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii)upload viruses or other malicious code;
(iv)bully, intimidate, or harass any other User;
(v)post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi)harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii)take any action creating a disproportionately large usage load on our Platform unless expressly permitted by D-Side SA ;
(viii)post or transmit content that is misleading.
(ix)communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(x)encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xi)post or transmit hyperlinks to other websites that violate these Terms;
(xii)facilitate or encourage any violation of these Terms.
3.2If for any reason, your account, or any part thereof, is suspended, banned, restricted, blocked, terminated or otherwise disabled by Let's Connect, you agree to abide by such decision. You may not create another account with the intent to bypass these limitations or attempt to circumvent any limitation imposed on your account without our permission. Any effort to evade these limitations may result in the termination of all current and future accounts you register.
4.1The copyright and all intellectual property rights in the Platform belong to D-Side SA or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
4.2Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform and the Software. Except as expressly permitted in this Agreement, you may not:
4.3If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.A description of the copyrighted work or other intellectual property that you claim has been infringed;
3.A description of where the material that you claim is infringing is located on the Site or the App;
4.Your name, address, telephone number and e-mail address;
5.A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.4For all matters regarding the copyright you can contact us at support@letsconnect.store.
4.5Some content on the Platform, such as advertisement, may be provided by the Third-Parties. We are not responsible for such content, nor do we monitor or control content provided by the Third-Parties.
4.6During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to D-Side SA and D-Side SA may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
4.7The following terms apply when you use Apps obtained from either the Apple Store or Google Play (each an “App Distributor”):
(1)the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
(2)we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3)in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4)you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5)you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(6)you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
5.1The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that D-Side SA does not control. We may also provide you with links leading to the Third-Parties. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. D-Side SA does not endorse such Third-Party services and content and in no event shall D-Side SA be responsible or liable for any products or services of such Third-Party providers.
5.2Users understand and agree that the use of the App is connected with some Third-Party expenses such as internet providers and mobile devices which are not the responsibility of Let's Connect unless agreed to otherwise in writing.
6.1You will indemnify and hold harmless D-Side SA, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
7.1YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE D-SIDE SA SERVICE IS TO STOP USING THE SERVICES.
7.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW D-SIDE SA, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF D-SIDE SA HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3D-Side SA, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. D-Side SA is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Platform.
8.1D-SIDE SA MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE PLATFORM AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE.
9.1This Agreement shall be governed by and construed under the laws of Belgium, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Belgium by the Belgian residents. You agree that if you have any dispute with D-Side SA you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Belgium.
10.1Publicity. All media releases, public announcements and public disclosures by the User relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with and approved by D-Side SA and User prior to release. D-Side SA shall not display User’s logo, marks or other information on the Site or any other marketing material without prior written consent by the User. User may publish Let's Connect logo insofar where necessary to identify the User as a client of the Let's Connect. D-Side SA may request that User removes Let's Connect’s logos from their respective websites, and Users agree to comply immediately upon reception of such request.
10.2Assignment. Either party may only assign or transfer its rights or obligations under this Agreement with the other party’s prior written consent (such consent not to be unreasonably withheld).
10.3Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in this Agreement.
10.4Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
10.5Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
10.6Force Majeure. For the purpose of this Agreement Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under this Agreement shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
10.7Waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
10.8Language. These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.