GENERAL TERMS AND CONDITIONS OF USE for BELPEOPLE Websites, Web Applications and Mobile Applications – BC FOODS

 

1 – Application of the present General Terms and Conditions of Use

These Terms and Conditions of Use govern the relationship between BC Foods, the duly authorized operator of the BELPEOPLE, whose registered office is located at Leuvensesteenweg 375, 1930 Zaventem, and registered with the Crossroads Bank for Enterprises under number 0724.808.645 (hereinafter “BC Foods”, “BELPEOPLE” “BELCHICKEN” or “BC”) and you (the “User”), in connection with your use of:

• the permanent website www.belchicken.com, as well as any ad hoc websites put online temporarily, for contests and other promotional actions of BC (the “Website(s)”); and
• any web application or mobile application developed by or on behalf of BC and made available to the User, whether free of charge or against payment, by BC (the “Application(s)”).

Any reference in these Terms and Conditions of Use to “we”, “us” or “our” shall be understood to refer to BC Foods.

By using the Websites and Applications and the related services provided by BC, the User agrees to the application of these Terms and Conditions of Use and the BC Privacy and Cookies Policy. Likewise, the User fully waives the application of his/her own terms and conditions, if any.

If the User does not agree to these General Terms and Conditions of Use and/or the BC Privacy and Cookies Policy, the User may not use the Websites and the Applications. We therefore invite all Users to carefully read these General Terms and Conditions of Use (as well as the Privacy and Cookies Policy) before using the Websites and/or Applications.

Without prejudice to the generality of the foregoing, it is possible that – given the specificity of certain Websites and Applications – the latter may also be subject to particular or additional provisions, including, but not limited to, those relating to the protection of privacy and the processing of personal data (hereinafter the “Special Terms and Conditions of Use”). In the event of any contradiction between these General Terms and Conditions of Use and the Special Terms and Conditions of Use, the provisions of the Special Terms and Conditions of Use shall prevail.

2 – Use of the BC Websites and Applications

2.1. The User shall use the Websites and Applications in accordance with applicable laws and regulations. The User’s use of the Websites and Applications shall be that of an ordinarily prudent and diligent person and for personal use. The User may not use the Websites and Applications for commercial purposes.

Without prejudice to the generality of the foregoing, the User may only use the Websites and Applications for the purposes for which they are made available, as specified by BC in these General Terms and Conditions of Use and/or the Special Terms and Conditions of Use, if any. Such purposes may include, without limitation, participating in a virtual reality game, saving points, participating in contests, obtaining personalized electronic coupons (e-coupons).

2.2. Generally, the User can visit and use the Websites and Applications without any registration procedure. However, BC reserves the right to require prior registration of the User, by creating an account, for the use of certain Websites or Applications. In such a case, the User must provide correct, complete and accurate information. User is further responsible for maintaining the confidentiality of User’s account access information (such as User ID and password). The User may never, without BC’s prior authorization, use another User’s account or allow a third party to use his/her account. The User is solely responsible for activities that occur on his account. The User must inform BC immediately if he/she becomes aware of, or suspects, any illegal use of his/her account.

2.3. In general, the User is solely responsible for the information he/she provides to BC and/or via the Websites and Applications. The User agrees to indemnify BC for any liability, damages, expenses, claims or costs (including reasonable legal fees), arising from the User’s negligence or intentional breach of the obligations described in this clause 2.

2.4. The User is prohibited from using software or any other means (including non-technical means) to control or copy the Websites and Applications (or any part thereof) or their content, to disrupt, interrupt or prevent their operation (for example by means of a computer virus), and to obstruct, damage or destroy the integrity of data, systems or programs. Likewise, it is forbidden to deliberately overload the Websites and Applications with the aim of disrupting their effectiveness or functionality. It is also prohibited to use the Websites and Applications to enable any form of communication of an inappropriate, obscene, indecent, libelous, defamatory, threatening, abusive, unwanted or unsolicited nature or which causes annoyance, distress or unnecessary anxiety, or which is contrary to public order and/or morality or any applicable legislation concerning racial hatred.

2.5. Any use of the Websites and Applications that is unlawful and/or contrary to these Terms and Conditions of Use may be prosecuted, including by way of legal proceedings, to the extent deemed appropriate by BC. Violation of these General Terms and Conditions of Use shall automatically result in the loss of the right to use the Websites and Applications, without any compensation to the User.

2.6. BC reserves the right to adapt or make the Websites and/or Applications (in whole or in part) unavailable, temporarily or permanently, without being held liable in this respect.

3 – Guarantees and functionalities

3.1. BC uses its best efforts to provide an optimal level of functionality of the Websites and the Applications, to maintain and update them. Except as provided in these Terms and Conditions of Use, and except in the case of gross negligence or intent on the part of BC, BC makes no express, implied or other warranties with respect to the Websites and Applications, or their condition, merchantability, fitness for any particular purpose or usefulness.

While BC makes every effort to provide accurate information with respect to the Websites and Applications, BC assumes no responsibility, except in the case of gross negligence or intentional misconduct on the part of BC, for the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content on the Websites and Applications, as well as for interruptions in the network (cable, internet or any other relevant network), hardware or software, regardless of their nature, any other problem related to the operation of the network, hardware or software, and errors in the input or processing of certain data. The Websites and Applications are provided “AS SUCH” and their use by the User is at the User’s own risk. BC also makes no warranty as to the results that may be obtained from the use of the Websites and Applications or the data obtained through them. BC does not guarantee that the Websites and Applications will function without interruption or error. In particular, the Websites and Applications may be temporarily interrupted for maintenance, updates or technical improvements.

BC does not provide any guarantee regarding the behavior of other users of the Websites and Applications. Where applicable, the User agrees to take all reasonable precautions in all communications and interactions with other users of the Websites and Applications and with other persons with whom the User communicates or interacts as a result of using the Websites and Applications, especially if the User decides to meet someone physically.

3.2 With regard to any technical requirements for the use of a particular Website or Application, we refer to the applicable Special Terms and Conditions of Use.

4 – Responsibility of BC

4.1. Insofar as BC provides the Websites and the Applications free of charge, (i) any liability of BC for negligence or breach of these General Terms and Conditions of Use is excluded and (ii) NOTWITHSTANDING ANY PROVISION TO THE CONTRACTUAL CONDITIONS IN THESE GENERAL TERMS OF USE, IN NO EVENT SHALL BC’S TOTAL CUMULATIVE LIABILITY TO THE USER – WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE – INCLUDING ALL DIRECT DAMAGES AND ALL LIABILITIES, COSTS, AND EXPENSES INCURRED BY BC IN THE PERFORMANCE OF ITS INDEMNIFICATION OBLIGATIONS, IN CONNECTION WITH THE PROVISION AND USE OF THE WEBSITES AND APPLICATIONS, UNDER THESE GENERAL TERMS OF USE, EXCEED AN AMOUNT EQUAL TO 1 EUR (ONE EURO).

4.2. Insofar as the use of certain Websites and/or Applications is not free of charge, and NOTWITHSTANDING ANY PROVISION TO THE CONTRACTUAL CONDITIONS OF USE, IN NO EVENT SHALL BC’S TOTAL ACCUMULATED LIABILITY TO THE USER – WHETHER IN CONTRACT OR EXTRACTION OR OTHERWISE – INCLUDE ANY DIRECT DAMAGES AND ANY LIABILITIES, COSTS, AND EXPENSES INCURRED BY BC IN THE PERFORMANCE OF ITS INDEMNIFICATION OBLIGATIONS, IN CONNECTION WITH THE PROVISION AND USE OF SAID WEBSITES AND/OR APPLICATIONS, UNDER THESE TERMS AND CONDITIONS OF USE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE AMOUNTS PAID BY THE USER TO BC, IN CONNECTION THEREWITH, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO LIABILITY.

4.3. Clauses 4.1 and 4.2 shall apply regardless of the legal basis of all claims by the User, in particular claims concerning the infringement of third-party property rights, contractual or extra-contractual faults. Furthermore, claims of the User regarding defects are excluded, to the extent permitted by applicable law.

4.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS OF USE, IN NO EVENT SHALL BC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THE PROVISION OF THE WEBSITES AND APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE OR LOSS OF BUSINESS EVEN IF BC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY AND WARRANTIES ARE AN ESSENTIAL ELEMENT OF THE CONTRACTUAL RELATIONSHIP BETWEEN BC AND THE USER.

4.5. BC is not responsible for (i) the acts, omissions or negligence of third parties (such as other users), on or in connection with the Websites and the Applications, (ii) the products or services of third parties to which the Websites and/or the Applications may refer or which are in any way connected to the Websites and/or the Applications. The User may inform BC of objectionable conduct of other users, business partners or any other third parties on the Websites and/or Applications. Without prejudice to the generality of the foregoing in this clause 4.5, BC reserves the right to investigate such complaints and to take such steps as BC in its sole discretion deems necessary.

4.6. For the avoidance of doubt, BC shall not be liable (i) for any defects/delays in the provision of the Websites and Applications caused by Force Majeure and (ii) that such defects/delays could not have been avoided or overcome by BC’s reasonable and prudent attitude. BC undertakes an obligation of means in the provision of the Websites and Applications and not an obligation of result. “Force Majeure” means natural disasters, revolts, wars and military operations, national or local emergencies, acts or omissions of authorities, economic or social conflicts, fire, telecommunications failures, third party software bugs, as well as any cause or circumstance beyond the reasonable control of BC.

4.7. Nothing in this clause 4 (i) limits or excludes BC’s liability for death or personal injury resulting from its negligence or (ii) excludes BC’s liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct.

5 – Links to/from third party websites

5.1. For the User’s convenience, the Websites and the Applications may contain links to third party websites. If the User decides to use these links, the User will leave the Website and/or the Application. BC has no control over the content of such third party sites and therefore cannot be held responsible for their content, operation or privacy policy.

5.2. Third party websites may also contain a link to the Websites of BC. This does not mean that BC operates or has any control over (the content of) these third party sites. BC does not assume any responsibility for the content, operation and/or privacy policy of such third party sites. In any event, it is forbidden to place deep links to the Applications on pages of third party websites.

6 – Intellectual property rights

6.1. With regard to the Applications, under these General Terms and Conditions of Use, BC grants the User a personal, free of charge license (unless otherwise stipulated in the Special Terms and Conditions of Use, if applicable), which is non-exclusive, non-assignable and non-transferable, revocable and without the possibility of granting sub-licenses, to use the Application in accordance with the terms and conditions set out in these General Terms and Conditions of Use (and the Special Terms and Conditions of Use, if applicable). BC also grants the User the right to receive any updates and support that BC may provide to all users of the Application in general.

6.2. The Websites and Applications and their respective contents – including but not limited to texts, comments, software, graphics, illustrations, images, photos, logos, icons, brand names and products of BC and its related companies – are the exclusive property of BC and its licensors and are protected by intellectual property and other rights – including copyrights, database rights, compilations, designs, patents, registered and unregistered trademarks – throughout the world. They may not be copied, used, reproduced, distributed, adapted or translated, in whole or in part, without the express written permission of BC. Subject to the provisions of clause 6.1, these General Terms and Conditions of Use do not create any patent, copyright, trademark or any other intellectual or industrial property right in the User.

7 – Protection of personal data

In the course of using the Websites and Applications, BC may collect and process personal data concerning the User in accordance with BC’s Privacy and Cookies Policy.

The Privacy and Cookies Policy explains how BC collects, processes, uses and protects certain personal data about the User when using the Website and the Applications. By accessing and using the Websites and/or the Applications, the User acknowledges that he/she has read the BC Privacy and Cookies Policy and agrees to it.

8 – Contact

For any question relating to the Websites, Applications or these General Terms and Conditions of Use, or in the event that the User encounters problems when using the Websites and/or Applications, he/she may contact BC via e-mail at us@belchicken.com.

9 – Miscellaneous provisions

9.1. BC expressly reserves the right to modify these General Terms and Conditions of Use, as well as the Special Terms and Conditions of Use, if applicable, at any time. The User undertakes to regularly consult the General Terms and Conditions of Use published and accessible on the permanent BC Website available at www.belchicken.com. In modifying the General Terms and Conditions of Use, as well as the Special Terms and Conditions of Use, BC will take into consideration the legitimate interests of the User. The User will be notified of any changes to the Terms and Conditions of Use via (at BC’s discretion) (i) a pop-up or banner notice upon first visit or connection to the Website or Application following such change, or (ii) by email (if available to BC in accordance with the Privacy and Cookies Policy). By continuing to actively use the Websites and/or the Applications after the aforementioned notification, the User shall be deemed to have accepted the changes to the Terms and Conditions of Use.

9.2. Any notice required to be given under these Terms and Conditions of Use shall be in writing, email being sufficient. The User shall send any notice by email to us@belchicken.com or by post to BC Foods – Leuvensesteenweg 375, 1930 Zaventem. BC shall send any notice to the email address or cell phone number that the User has provided to BC where applicable.

9.3. The User may not assign, transfer, charge or license all or part of its rights and/or obligations under these Terms and Conditions of Use to any third party.

9.4. The User confirms that these General Terms and Conditions of Use, the Special Terms and Conditions of Use, if any, and the Privacy and Cookies Policy constitute the entire agreement and understanding between the User and BC, and that they supersede any previous agreement, understanding and arrangement between the User and BC relating to the same subject. The User confirms that (i) he/she has not relied on any statements, representations or agreements that are not expressly provided for in these Terms and Conditions of Use, the Special Terms and Conditions of Use, if any, and/or the Privacy and Cookies Policy ; and (ii) that it is not entitled to any indemnification with respect to any statement, representation or agreement that is not expressly set forth in these General Terms and Conditions of Use, the Special Terms and Conditions of Use, if any, and/or the Privacy and Cookies Policy.

9.5. In the event that any provision of these Terms and Conditions of Use is held to be invalid, illegal or unenforceable by any court or competent authority in any jurisdiction, such provision shall be deemed not to be part of these Terms and Conditions of Use. This shall not affect the validity, legality and enforceability of such provision in other jurisdictions.

10 – Applicable law and competent courts

These General Terms and Conditions of Use, the Special Terms and Conditions of Use and the Privacy and Cookies Policy are governed by Belgian law. Any dispute relating to the conclusion, validity, interpretation or execution of these General Terms and Conditions of Use, the Special Terms and Conditions of Use, the Privacy and Cookies Policy, the Websites, the Applications and/or subsequent operations that may result from them, as well as any other dispute concerning, or related to, the above shall be under the exclusive jurisdiction of the courts of the district of Brussels, without prejudice to Article VI.83, 23° of the Economic Law Code.

Last update: January 2023