SPECIAL TERMS AND CONDITIONS OF USE for the BELCHICKEN® Mobile Application
The BELCHICKEN® App is an application for direct marketing purposes. Consequently, by using the BELCHICKEN® App, you agree to receive personalized information about BELCHICKEN® services, activities, promotions and/or events that may be of interest to you via email or push messages on a regular basis.
Please read these Special Terms and Conditions of Use as well as our General Terms and Conditions of Use and Privacy and Cookies Policy carefully so that you know exactly how we process your personal data.
You can choose not to create an account on the BELCHICKEN® App, in which case you will not be able to enjoy the personal services and benefits of the Application, but only the standard promotions of BELCHICKEN®.
1 – Application of the present Special Terms and Conditions of Use
The BELCHICKEN® Loyalty Application (hereinafter referred to as the “BELCHICKEN® App” or the “Application”) is owned and managed by BC Foods, the duly authorized operator of the BELCHICKEN® brand, 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”, “BELCHICKEN” or “BC”).
The present Special Terms and Conditions of Use apply to the use of the BELCHICKEN® App, in addition to the General Terms and Conditions of Use and Privacy and Cookies Policy. In case of conflict between the present Special Terms and Conditions of Use on the one hand, and the General Terms and Conditions of Use on the other, the provisions of the Special Terms and Conditions of Use shall take precedence.
Unless otherwise stated in these Special Terms and Conditions of Use, the terms defined (beginning with a capital letter) have the meaning assigned to them in the General Terms and Conditions of Use.
By downloading the BELCHICKEN® App and creating a user account as described below, the User accepts the application of these Special Terms and Conditions of Use, the General Terms and Conditions of Use and BC’s Privacy and Cookies Policy (hereinafter collectively referred to as the “Terms and Conditions”). The User also totally renounces the application of his/her own general terms and conditions, if any.
If the User does not agree to the Terms and Conditions, he/she cannot use the BELCHICKEN® App and related services. Consequently, we invite each User to read the Terms and Conditions carefully before using the BELCHICKEN® App in any manner whatsoever.
2 – Access to the Mobile Application
2.1. The BELCHICKEN® App can be downloaded free of charge by the User from the App Store and Google Play, from the following countries where the BELCHICKEN restaurants are located: Belgium, France and Germany.
Access to the Application requires:
- A phone or tablet equipped with the operating system iOS 10 or Android (from the fifth version onwards). The use of an operating system in a non–updated version is likely to cause malfunctions in the use of the Application;
- A working Internet connection.
2.2. The User who has created a personal account in the BELCHICKEN® App has access, via the Application, to the BELCHICKEN Loyalty Program, as described under the provisions of clause 3.
2.3. When connecting to the BELCHICKEN® App for the first time, the User must create a personal profile. In France, any User under the age of 15 cannot create a personal account. In Belgium, any User under 13 years old cannot create a personal account. In Germany, any User under the age of 16 may not create a personal account. The User is invited to choose, at the time of the creation of his personal account, an available identifier (e-mail address) and an associated password, which will allow him/her, after the creation of his/her personal account, and at the time of his/her next connections to the Application, to authenticate himself to access his personal account and the services offered by the Application.
2.4. The User undertakes, where applicable, not to register with an identifier that infringes the rights of a third party (copyright, trademarks, company names, and/or brands of a third party). It is recommended to use a complex password containing letters and numbers, lower and upper case, as well as special characters.
2.5. The User may also create his/her personal account via his/her Google, Facebook or Apple account if he wishes, following the identification rules for these accounts. When creating his personal account, the User will be asked to provide certain information, including personal data (at least his name, first name, and e-mail address; in addition to his/her gender, date of birth, place of residence, favorite BELCHICKEN products, favorite BELCHICKEN restaurant(s) and his/her customer group if he/she wishes to complete an advanced profile), in an accurate, sincere, complete and up – to – date manner. The User’s surname, first name, and e-mail address will be automatically collected by BC and its IT service provider if the User’s personal account on the BELCHICKEN® App is created via the User’s Google, Facebook or Apple account when he/she connects to these accounts.
2.6. The User undertakes to update the personal data provided if they become obsolete. BC and/or the service providers and/or their subcontractors who may have access to this data shall in no event be held liable for any typing errors and/or errors related to the obsolescence of the information provided, and/or the consequences thereof.
2.7. The User may in any case and at any time modify all the information provided on his/her personal account. The User’s login and password are strictly personal and the User agrees to keep them confidential. The User, who is the only one authorized to access the services associated with the use of the BELCHICKEN® App using his/her identifier and password, undertakes not to allow any other person to access the Application under his/her personal identifier or password.
2.8. Authentication of the User by his/her username and password shall constitute an irrebuttable presumption of access to and use of the BELCHICKEN® App by the User. Once the User becomes aware of access to his/her password from the “My Profile” section accessible on the Application, he/she should inform BC immediately by email to the address firstname.lastname@example.org. BC may not be held liable for the consequences of the loss or disclosure of the User’s login and/or password.
3 – BELCHICKEN Loyalty Program
3.1. The User who has created a personal account in the BELCHICKEN® App has access, via the Application, to the BELCHICKEN Loyalty Program.
3.2. The User who has joined the BELCHICKEN Loyalty Program can, via the Application, notably :
- Collect loyalty points/coupons/stamps by using his/her personal account or QR code for order mades via the Application or directly from the BELCHICKEN restaurants, which are then added automatically to the Application after the payment for the order has been made and the order has been collected from the selected restaurant;
- View the loyalty points/coupons/stamps accumulated and the BelRewards, i.e. the discounted or free product(s) that can be redeemed for loyalty points/coupons/stamps, for which they are eligible via the Application;
- Redeem the accumulated points/coupons/stamps for the associated BelRewards.
3.3. Each purchase of €10 (excluding discounts) entitles the holder to one stamp.
3.4. Loyalty points/coupons/stamps can be redeemed:
- At the cash desk of one of the BELCHICKEN restaurants, after the User has indicated to the cashier, or selected by the User on the order terminal of one of the Restaurants, the desired product, and verified that the User has sufficient number of points/coupons/stamps. For this last purpose, the User must present the unique QR code associated with each BelReward to the cashier, or at the kiosks before being able to access the product. Loyalty points/coupons/stamps can only be redeemed for the products associated with the number of points/coupons/stamps used, as provided in the BELCHICKEN® App. Once the QR code is scanned, the User’s points/coupons/stamps balance is automatically updated, after deducting the points corresponding to the validated free or discounted product(s);
- Via the BELCHICKEN® App, if the User has placed an order via the delivery or takeaway service (depending on the delivery or takeaway services offered by the selected BELCHICKEN restaurant). When the User has enough points/coupons/stamps, he/she can select the available BelReward(s) in the Wallet section. The points/coupons/stamps balance is automatically updated after deducting the points corresponding to the validated free or discounted product(s) and after payment of the Order.
3.5. In certain cases, loyalty points/coupons/stamps can also be collected in a different manner than by purchasing BELCHICKEN products, via Boosters. These Boosters are defined as follows:
- When the User sends a reference link to another non-registered user and the latter User completes a new user profile;
- On each anniversary date of the User;
- The above cases are subject to change at any time.
3.6. No transfer of points/coupons/stamps can be made between two accounts or two different Users. In no case, the User will be able to choose and/or exchange the offered product. Loyalty points/coupons/stamps can only be exchanged within the specific period defined in the BELCHICKEN® App. They cannot be exchanged for a monetary sum or for BELCHICKEN products other than those corresponding to each point threshold, each coupon or stamp accumulated and described in the BELCHICKEN® App, and its evolutions.
3.7. The User must in all circumstances behave fairly and in good faith when using the BELCHICKEN Loyalty Program.
Thus, BC reserves the right to cancel the BelRewards associated with the User’s personal account, limit the access of the User to the advantages, points/coupons/stamps and/or BelRewards associated with the BELCHICKEN Loyalty Program and/or to suspend or even close the said account, in the event of abuse by the User in the use of the BELCHICKEN Loyalty Program and/or failure to comply with the Terms and Conditions
3.8. BC may carry out this cancellation, suspension, limitation or closure at any time and without notice or justification, in particular, and without limitation, without the User being entitled to claim any compensation or indemnity:
- In case of fraud, attempted fraud or theft by the User ;
- In case of improper use or misappropriation of the BELCHICKEN Loyalty Program ;
- In the event of failure to comply with the Terms and Conditions.
The above–mentioned sanction(s) shall be without prejudice to BC’s other rights and remedies.
3.9. In the context of the use of the BELCHICKEN Loyalty Program, BC is required to collect and process personal data concerning the User in accordance with the Data Protection Policy, as described under the provisions of clause 5.
Access to the above-mentioned services may be subject to restrictions with respect to certain persons. It is the responsibility of each User to verify that his/her situation allows him/her to use them.
4 – Use of the Mobile Application
4.1. The User undertakes to use the Application in good faith, in compliance with the , for his/her own personal needs, and for the sole purpose of taking advantage of the services accessible via the Application. The User is strictly forbidden to use the Application for the benefit of third parties.
The above–mentioned services, including the BELCHICKEN® App and the BELCHICKEN Loyalty Program, are accessible free of charge and, in principle, at any time. However, for the purposes of maintenance, updating, and for any other reason, in particular of a technical nature, access to the services may be interrupted without notice or compensation. BC and/or its service providers and/or subcontractors shall in no way be liable for such interruptions and the consequences thereof for the User.
The User also agrees not to do any of the following:
- Modifying all or part of the Application;
- Use the Application in whole or in part and/or all or part of its content for commercial purposes;
- Decompile the application, except in cases specifically provided for by law;
- Use the Application in a way that may render it inaccessible, damage it or prevent it from functioning;
- To restrict or prevent the use of the Application, to use the Application for illegal or unauthorized purposes, and/or to infringe BC’s intellectual property rights.
The User undertakes to notify BC immediately, at the following email address: email@example.com, of any fault, bug, or error that he/she may notice in the use of the Application.
The User further undertakes to take all appropriate measures to protect his/her phone and/or tablet, the data stored and the software installed on the said phone and/or tablet from any contamination by computer viruses and other invasive and/or harmful elements. BC and/or its service providers and/or their subcontractors shall in no event be held liable for any damage that may be suffered by the User’s technical environment, in particular his/her phone, tablet, software, network equipment, and/or any other equipment used to access and/or use the Application.
4.2. By accepting the Terms and Conditions, the User acknowledges that:
- He/she is aware that he/she is a member of the BELCHICKEN Loyalty Program, which can be used from the first use (by flash code ) of the QR code at the cash desk of a BELCHICKEN restaurant;
- He/she has knowledge of the principle as well as the nature and operation of the Internet/mobile network, in which the User accepts the characteristics and limitations, particularly with regard to response times, consultation, or data transfer;
- He/she is aware of the fact that BC does not and cannot exercise any control whatsoever over the nature or characteristics of the data accessible on the Internet/mobile network and which may transit through its services and that consequently, BC cannot assume any liability that may arise directly or indirectly from such data;
- He/she is aware of the fact that the data circulating on the internet is not protected against possible misuse and that, as a result, the communication of any information is made at the User’s own risk;
- He/she is aware that the information contained in the Application constitutes a database, which is the property of BC in its capacity as a producer within the meaning of Book XI, Title 7 of the Belgian Code of Economic Law. Consequently, the User is prohibited from (i) extracting by a permanent or temporary transfer of the whole or a qualitative or qualitatively substantial part of the Application onto another, by any means and in any form, and (ii) reusing the whole or a quantitatively or qualitatively substantial part of the Application in any form, including by hypertext link.
4.3. BC provides the User with a support service that he may consult, by e-mail only, on working days and during working hours for any difficulty related to the use of the Application. The User may contact this support service by e-mail at the following address: firstname.lastname@example.org.
4.4. BC may offer the User, on the App Store or Google Play, updates to the Application designed to add new features or correct bugs that it may have identified.
The User undertakes to download these updates. If the Application or the operating system of the phone and /or tablet on which the Application is installed is not updated, the Application may not function properly, for which BC shall not be held liable in any way.
5 – Protection of Personal Data
5.1. In connection with using the BELCHICKEN® App, BC may collect and process personal data about 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 concerning the User during the use of the BELCHICKEN® App. By creating a user account and using the App, the User automatically acknowledges that he/she has read BC’s Privacy and Cookies Policy and declares that he/she has accepted it.
5.2. Without prejudice to the generality of the Privacy and Cookies Policy, BC draws the User’s attention to the fact that information relating to the User’s use of App may be reviewed by BC to determine whether such use in accordance with the Terms and Conditions and applicable law in order to prevent or punish abuse. The legal basis for such processing is BC’s legitimate interest. Under no circumstance, shall BC cause any prejudice to the fundamental rights and freedoms of the customs that may take precedence.
6 – Termination
6.1. The Terms and Conditions are applicable for an indefinite period. However, the User’s personal account on the Application will be automatically deactivated by BC 3 years after the User’s last connection to the BELCHICKEN® App.
6.2. BC reserves the right terminate, suspend or limit the User’s access to and use of the BELCHICKEN® App and/or the advantages associated with it, at any time and without notice or justification, in particular, and without limitation, if BC learns or suspects that the User is using the BELCHICKEN® App in an unlawful and/or improper manner and/or in violation of the Terms and Conditions and/or applicable law.
6.3. The User may also remove the BELCHICKEN® App from his/her device at any time and free of charge.
6.4. After the closure of the User’s personal account, whether this closure is initiated by the User or by BC, the User may no longer access the services of the BELCHICKEN® App. All the limitations of warranty and liability provided for in the Terms and Conditions shall remain in force after the end of the contractual relationship.
Last update: April 2022