Terms and Conditions and Privacy Policy

The User Agreement

PREFACE

This user agreement constitutes a legal agreement concluded between the User, whose details are included on the registration page under company details, and the Service Provider, Solvengo BV.

By registering as a User in the environment of the Service Provider via the registration page, the User expressly agrees to these terms of use, including all appendices, and undertakes to comply with them.

Article 1: Definitions

1. Service provider: known under the commercial name “Solvengo”, whose company name is “Solvengo BV”, registered in the CBE under number 0752.657.048, with registered office at 3720 Kortessem, Hasseltsesteenweg 151.
2. Services: making the environment available by the Service Provider
3. Environment: the website whywaitt.com owned by Solvengo BV.
4. Order module: software made available by the Service Provider, with which the User can offer Customers (catering) products via a digital menu in the whywaitt.com environment and where the order is processed. The order module is used during opening hours in the User’s catering business or mobile point of sale in the presence of the User or one of his employee(s).
5. Price list of the User: the price list entered by the User via the dashboard in the order module, containing all articles that the User wishes to offer via the order module, at the sales price that the User wishes to charge for those articles.
6. Terms of use: these terms of use including all attachments.
7. User: any legal person who operates a catering business or mobile point of sale in Belgium, who is registered in the commercial register in Belgium, who has a VAT number and who has also created a sales account, has accepted these terms of use on the registration page and subsequently by the Service Provider if User is accepted.

8. User fee: the fee charged by the Service Provider to the User for the use of the order module in the environment.

1. Sales Account: the account created by the User after valid registration in the environment.
2. Articles: (catering) products that are offered by the User in the environment to the Customer.
3. Customer: a person/visitor of the User who proceeds to purchase an item via the order module in the environment.
4. Content: (part of) the specifications of articles in the environment, which specifications and articles can be adjusted by the Service Provider at any time, consisting of, among other things, text, images and technical specifications, which the Service Provider makes available to the User. stilt.
5. Sales price: price including VAT and all other possible amounts imposed by the government that are charged to the Customer by the User.
6. Dashboard: a web page and access code that the Service Provider makes available to the User and in which data registered by the environment about historical transactions can be consulted by the User and where the User can also make changes to its range, price or VAT code.
7. Error message: an error message which means that the order module cannot be used in a manner as intended in these terms of use.
8. Solution: a remedy or alternative way of working after the Service Provider has received and confirmed an error message, and this in such a way that the order module provides the functionality agreed with the User.
9. Malfunction: an unannounced interruption or unintended change in the operation of the order module, which results in the order module not providing the functionality agreed with the User.
10. Personal data: any data relating to an identified or identifiable natural person.
11. Fraud: the intentional misuse of the order module, personal data or the environment with the aim of gaining unlawful advantage.

Article 2: Scope of terms of use

These terms of use apply to all factual and legal acts between the User and the Service Provider. The applicability of any other terms of use or agreement is expressly rejected. Exceptionally permitted if explicitly agreed otherwise in writing.

Article 3: Position of the Service Provider

The service enables the User to accept the orders of its Customers via the order module in the environment. The Customer’s order is thus passed on to the User via the environment.

The Service Provider is under no circumstances liable for the products and/or services purchased by using the order module in the environment.

By placing an order in the environment, the Customer immediately enters into an agreement with the User for the delivery of the item selected by the Customer.

The User acknowledges that it bears full liability for its delivered products and/or services ordered by the User’s customer.

Article 4: The sales account and the course of registration as a User

1. Each potential User creates a sales account (whereby the User’s customer can consult and order the products online) before he can offer and sell articles and/or services.
2. A potential User is eligible as a User when he has met the following cumulative conditions:

1. The potential User operates a catering business or a mobile point of sale;
2. he/she must be registered with the trade register in Belgium;
3. he/she must have a VAT number;
4. he/she must have a Belgian bank account number;
5. he/she must provide the Belgian bank account number to the Service Provider;
6. he/she must accept the terms of use;
7. he/she must have an approved sales account.

If the potential User does not meet the above cumulative conditions, registration as a User will be refused.

If the potential User meets the above cumulative conditions, the Service Provider will make a decision on whether or not to accept the registration as a User. Registration may be refused without further motivation, even in the event that the potential User demonstrates that he has complied with the above-mentioned cumulative conditions.

The Service Provider may impose additional requirements in addition to the above conditions.

1. Registration as a User thus implies acceptance of these terms of use and the obligation to comply with the terms of use.
2. After acceptance of the registration, the present user agreement is concluded. In the event of refusal of registration as a User, under no circumstances will a user agreement be concluded.
3. After the aforementioned acceptance by the Service Provider, the User is entitled to offer articles and/or services in the order module in accordance with the terms of use.
4. The User can only participate with one business in one location per sales account. If the User wishes to offer items and/or services via the order module in several shops/locations, the User must create several sales accounts. The User who only operates a mobile point of sale must only create one sales account.
5. The User is at all times fully responsible for the use of the sales account and for those who access the sales account.
6. The Service Provider is at all times authorized to suspend the use of the sales account by the User, such as, among other things, if the User has not fulfilled its payment obligation towards the Service Provider, whether or not under these terms of use.
7. The User is responsible for the correctness of the data in his sales account.

Article 5: Articles and prohibited activities

The User can only offer legal catering-related goods and/or services via the order module. The User guarantees that the products and/or services offered do not contain libelous, defamatory, obscene, pornographic or profane materials or expressions. The User also guarantees that it does not offer products that (may) pose an unacceptable risk to the reputation of the Service Provider, such as medicines, illegal or stolen products and/or services, games of chance, narcotics and certain food supplements. The Service Provider may change this list and/or remove or add activities at any time.

If the Service Provider becomes aware of the sale of these prohibited goods and/or services, the Service Provider will immediately suspend its sales account.

Article 6: Customer relationship

1. If a Customer of the order module proceeds to purchase an item offered by the User, a checkout sale is concluded between the User and the Customer.
2. The User expressly acknowledges that the Service Provider is not or will not be a party to this checkout sale.
3. The User is responsible at its own expense and risk for the correct execution and compliance with the till sale. The User indemnifies the Service Provider against any liability claim that a Customer may bring against the Service Provider, as a result of or in connection with the closing and/or execution of the till sale.
4. The User is responsible for opening and closing the order module, specific to the business, possibly synchronizing with the opening hours of this business.
5. The User is responsible for guiding the Customer to the correct order module associated with his business. This can be done by means of a QR code or web link, which can be downloaded from his dashboard.

Article 7: Payments

1. The User pays a monthly fee to the Service Provider. This fee is 50 euros (excluding VAT) per month. The User acknowledges that the Service Provider is entitled to unilaterally adjust the amount of the compensation twice a year. The User will be informed about this 1 month prior to the adjustment.
2. A month runs from the first calendar day of the month to the last calendar day of the month.
3. The User pays the fee to the Service Provider either once a year (12 months) or once a month on the first calendar day of the month via European direct debit (SEPA).
4. If the fee is not paid on time by the User to the Service Providers, the Service Provider also has the right, without reservation, to temporarily suspend the license until the User has paid the fee.

Article 8: Order module and entering price list

1. The User is responsible for correctly completing the price list in the order module via the dashboard.
2. The User is responsible for the stock management of the articles offered.
3. The User must have the necessary infrastructure to log in to the dashboard via the internet and there to follow up and process the orders placed by the Customer via the order module.
4. The sales price per item, offered by the User via the order module, must be equal to the sales price that the User states in his price list available in the catering business or that is stated on the mandatory price lists for mobile sales.

Article 9: Security and fraud measures

1. The Service Provider has the right to terminate this agreement, to block the sales account in case of suspected fraud or when there are indications of fraud and/or situations that require further investigation. The User will be informed about this by e-mail or by telephone, unless such notification is not considered desirable in the context of the investigation. The Service Provider is not liable for any damage suffered as a result.
2. The Service Provider may provide or suggest security procedures and measures with a view to reducing fraud. These procedures and measures may include processes or systems developed by the Service Provider or by third parties, including, but not limited to, introducing so-called authentication for logging into the dashboard. The User agrees to review these procedures and measures and choose what is appropriate for his or her activities in order to protect the User against unauthorized transactions and, if necessary, to use additional procedures and systems not provided by the Service Provider .

Article 10: Use of content and confidentiality

1. The User only acquires the non-exclusive non-transferable right to use the content in accordance with these terms of use and solely for the purpose of sale via the order module. The User will immediately follow all data and instructions obtained from the Service Provider.
2. Subject to the written permission of the other party, the User and the Service Provider will treat all information and data about the other party that is (are) secret or has a confidential character, with strict confidentiality, appropriate security and in no way disclose to third parties.
3. The User and the Service Provider are also not allowed to use or disclose the confidential information and/or data provided and/or obtained in the context of this agreement in the event of full or partial termination of the agreement, whether or not prematurely. after the end of the agreement.
4. The User and the Service Provider are entitled to communicate or surrender confidential information of the other party to the competent authorities, in cases where they are obliged to do so under applicable legal regulations.
5. The Service Provider is entitled to provide information (including confidential information) to the payment provider, to an intermediary and/or a financial institution and/or at the latter’s request in case of (a suspicion of) fraudulent use of the order module.
   
   

Article 11: Privacy statement and cookies statement

The Privacy statement applies to the processing of personal data of Users and Customers who use the environment.

The controller for processing this personal data is the Service Provider.

The Service Provider therefore adheres to the General Data Protection Regulation with regard to the processing of personal data.

The acceptance of these terms of use implies that the User grants permission to the controller or, where appropriate, the processor to process the User’s personal data.

The Privacy statement and Cookies statement can be consulted in full at www.solvengo.be

Article 12: Intellectual property rights

1. The Service Provider acquires the non-exclusive and non-transferable right to use the User’s trade name as long as the User offers articles via the order module in the environment as well as in communication and advertising expressions in all media for the benefit of the environment.
2. The User acknowledges that all (intellectual property) rights regarding the environment, the content, the design, the texts, images, illustrations and all Solvengo brands and logos are and remain the property of the Service Provider and in no way by the User without prior written permission. of the Service Provider may be used. This information is protected by copyright, trademark or other intellectual property laws. The User will always fully respect the intellectual property rights and all other rights of an exclusive nature of the Service Provider and third parties.
3. The User agrees that he/she may not decompile, disassemble or otherwise reproduce the products and/or software obtained through the Service Provider.
4. Under no circumstances will the User deposit and/or register in his own name a trademark or domain name registration containing the element Solvengo or a similar element or logo. Any use of Solvengos and brands and/or logos by the User requires prior written approval from the Service Provider.

Article 13: Termination

1. The User can terminate this user agreement at any time by e-mail to [email protected] , subject to a notice period of 3 months, starting from the first calendar day of the month following the day of termination.
2. The Service Provider is at all times entitled to permanently block the sales account or to terminate the service with immediate effect.
3. The Service Provider is also at all times entitled to no longer provide the service without stating reasons. In that case, the Service Provider does not owe any compensation or compensation to the User.

Article 14: Liability

1. The User is fully responsible and liable for the use of the sales account.
2. The User fully indemnifies the Service Provider against all damage and/or costs of whatever nature resulting from the non-compliance with one or more obligations under these terms of use.
3. The User undertakes in his activities under this agreement to fully comply with all applicable privacy regulations, including the General Data Protection Regulation and the law on the protection of natural persons with regard to the processing of personal data, and indemnifies the Service Provider against all damage and/or costs.
4. Unless there is intent and/or gross negligence on the part of the Service Provider and this intent or negligence on the part of the Service Provider is also explicitly demonstrable, the Service Provider is in no way liable for damage and/or costs of whatever nature. of the User in connection with the use of the order module, the sales account, the content and/or articles. The Service Provider is also not liable for damage and costs as a result of: improper functioning of the order module, technical failure, incorrect content information, etc. The aforementioned list is not exhaustive.
5. In the event that the exoneration clause as provided for in Article 15.4 is annulled or annulled in whole or in part by a competent court, the User and the Service Provider hereby already agree that the Service Provider will in that case only be liable for the direct demonstrable damage suffered. , of which it is established that this is causally related to an error that can be blamed on the Service Provider (with the exclusion of consequential damage/indirect damage/costs). The liability of the Service Provider for this direct damage or damage resulting from a gross error and/or intent on the part of the Service Provider is limited to an amount of EUR 400.00 (four hundred euros).

Article 15: Miscellaneous

1. The User will never act as an agent or representative of the Service Provider and in particular will not make any commitments or obligations for or on behalf of the Service Provider. The User fully indemnifies the Service Provider against all damage and/or costs of any nature whatsoever arising from non-compliance with this article.
2. The User is not entitled to transfer his/her sales account to a third party, unless the Service Provider has given its prior written consent.
3. The Service Provider is at all times entitled to change these terms of use and all attachments and references in these terms of use. The amended Terms of Use will be effective immediately upon posting to the environment.
4. The User agrees that the Service Provider will inform the Service Provider at regular intervals by e-mail at the e-mail address known to the Service Provider about the use and possibilities of the order module and/or sales account.

Article 16: Dispute settlement

1. Only the Courts of Hasselt are competent for all disputes and/or possible disputes arising from or applicable to this agreement. Belgian law applies. All costs associated with the judicial recovery of payments, including fees, will be charged to the buyer or client.
2. The possible nullity or invalidity of one of the stipulations does not entail the nullity or invalidity of the entire agreement or the other stipulations.

Appendix 1: General Terms and Conditions

SOLVENGO . GENERAL TERMS AND CONDITIONS

SOLVENGO BV
Address: Hasseltsesteenweg 151, 3720 Kortessem, Belgium
COMPANY NUMBER: 0752.657.048
IBAN: BE63 0689 3835 6708 BIC: GKCCBEBB

Version 19-08-2020

1.Applicability

1.1 In these general terms and conditions of SOLVENGO BV the terms mentioned below have the following meaning:

· SOLVENGO BV represented by Dries and Kobe: hereinafter referred to as SOLVENGO;

· Client: the customer who calls on the services of SOLVENGO;

· Conditions: general conditions SOLVENGO, which can be consulted on our website; solvengo.be/Algemene-Terms/;

· Assignment: an agreement between SOLVENGO and the client for the provision of services, including the Conditions;

· Performance voucher: the digital voucher on which the Assignment is described, as well as the necessary information from the Client and (where necessary) also contains an authorization from SOLVENGO for the amount to be collected;

Timely payment: the customer must pay the amount due for the Order immediately after the performance has been performed by SOLVENGO (before SOLVENGO has left the place where the order was performed), unless a different payment term has been expressly agreed by SOLVENGO and the Client agreed (max. 30 days after the Assignment was executed by SOLVENGO).

1.2 The Terms and Conditions apply to and form part of every offer and every Assignment.

1.3 General terms and conditions proposed by the client do not apply, are expressly rejected and are not binding, unless and insofar as they have been specifically accepted in writing by SOLVENGO.

1.4 Deviations from the Terms and Conditions are only valid if they have been expressly agreed in writing.

1.5 The possible nullity of one of the provisions of the Conditions will in no way affect the validity of the other clauses. SOLVENGO and the Client will make every effort, by mutual agreement, to replace the void clause by a valid clause with the same or almost the same economic impact as the void clause.

2. Execution of the Order

2.1 SOLVENGO guarantees to perform the Assignment to the best of its ability with sufficient care and craftsmanship. With regard to the Assignment, SOLVENGO only has an obligation of best efforts and no obligation of result. The Client is at all times obliged to pay the rates for the hours worked (including any travel costs), irrespective of the result of the Assignment, unless SOLVENGO is unable to perform the Assignment. The Client will then only have to pay the rates for the travel costs.

2.2 The Client is obliged to do all that is reasonably necessary and desirable to enable the execution of the Assignment. In particular, the Client shall ensure that all data and facilities, which SOLVENGO indicates are necessary or which the Client should reasonably understand to be necessary for the performance of the Assignment, are made available to SOLVENGO in a timely manner.

2.3 SOLVENGO is not liable for damage, of whatever nature, as a result of incorrect and/or incomplete information provided by the Client.

2.4 If SOLVENGO and the Client have agreed that the Assignment will be performed in phases, SOLVENGO may suspend the performance of those parts belonging to a subsequent phase until the Client has fully complied with its payment obligations in respect of the preceding phase.

2.5 The Client guarantees that he or she is the owner of the product in respect of which the services are provided and that it does not use illegally obtained software and/or materials. The Client indemnifies SOLVENGO against any claims from third parties in connection therewith, as well as in connection with the execution of the Assignment.

2.6 The services provided will only be performed at the address indicated by the Client when submitting the Assignment.

2.7 Employer authority, supervision and direction with regard to the work performed by employees of SOLVENGO rests with SOLVENGO. The Client is expressly not entitled to instruction in this regard.

2.8 If SOLVENGO calls on a subcontractor, the assignment will be obtained through SOLVENGO, but the subcontractor will not be subordinate to SOLVENGO and the subcontractor will carry out the assignment under its own management and responsibility towards the Client.

3. Changes to the Order

3.1 If SOLVENGO and the Client agree on a change or addition to the Assignment, the time of completion of the Assignment may change. SOLVENGO will inform the Client of this.

3.2 Time estimates that SOLVENGO communicates to the Client are only indications from which no rights can be derived.

4. Complaints

4.1 Complaints about the services provided must be reported to SOLVENGO by the Client as soon as possible, but no later than 48 hours after completion of the Assignment in writing or by email to [email protected]

5. Payment and cancellation

5.1 The Client must make payment of the total amount due before the employee or subcontractor of SOLVENGO leaves the place of the Assignment.

5.2 Payment other than by means of the payment methods indicated by SOLVENGO is not possible. The payment methods can be found on the solvengo.be website.

5.3 If SOLVENGO has to take collection measures against the Client, the Client will also owe the collection costs in addition to the statutory interest.

5.4 In the event of cancellation of the Assignment by the Client less than 24 hours on working days before the start of the Assignment (between 9 am and 6 pm), the Client owes the first 30 minutes of the applicable rate.

5.5 Payments that are not made on time will automatically and without notice of default result in interest equal to 15% annually, as well as (also by law and without notice of default) a flat-rate compensation of 10% on the invoice amount (with a minimum of EUR 250) as a compensation clause.

5.6 If a collection is unsuccessful, SOLVENGO has the right to charge administration costs to the Client.

5.7 In the event of a judicial reorganization or bankruptcy, SOLVENGO has the right to terminate or suspend the execution of the Assignment without notice of default or judicial intervention, without being entitled to compensation for damage that may arise as a result of this for the Client.

6. Rates

6.1 All rates quoted by SOLVENGO include VAT for private individuals. If an invoice is drawn up for a company with a VAT number or for a liberal profession, all rates are exclusive of VAT.

7. Liability and Indemnification

7.1 SOLVENGO is not liable for damage of any kind, regardless of the cause, except in the case of intent and/or gross negligence on the part of SOLVENGO. If and insofar as SOLVENGO should be liable for any liability, for whatever reason, this liability is at all times limited to 3 times the invoice amount of the Order.

7.2 The Client indemnifies SOLVENGO against all claims by third parties with regard to intellectual property rights on materials or data used or provided by the Client in connection with the execution of the assignment.

7.3 The Client is obliged to be present on site during the execution of the Assignment.

7.4 Giving advice on software or hardware to be purchased is not one of SOLVENGO’s core tasks. When SOLVENGO makes a solicited or unsolicited suggestion to the Client about a purchase, SOLVENGO does not act as an intermediary, commercial agent, distributor or seller of the software or hardware purchased by the Client. SOLVENGO does not provide any guarantee as to whether any software or hardware to be purchased is suitable for the system and intended use of the Client.

7.5 In connection with quality control, communication by telephone or e-mail with employees of SOLVENGO may be monitored by SOLVENGO.

7.6 The use of our application “Whywaitt.com” does not exempt the catering operator from entering every order in his white cash register in accordance with the GKS obligation, if the catering operator must comply with the GKS regulations. Solvengo BV cannot be held liable if the catering operator does not register its orders in accordance with the GKS obligations.

8. Force Majeure

8.1 Neither party is responsible or liable for any delay or failure in the performance of the assignment as a result of force majeure.

9. Governing Law and Disputes

9.1 Belgian law applies. Insofar as nothing else is prescribed by mandatory law, all disputes that may arise as a result of the Assignment will be submitted to the courts of the judicial district of Limburg.

Appendix 2: Privacy Policy Solvengo

Privacy Policy

Privacy policy for Solvengo, owner of www.solvengo.be

1) Guarantees Privacy

Ensuring the privacy of visitors to www.solvengo.be is an important task for us. That is why we describe in our privacy policy what information we collect and how we use this information.

2) Consent

By using the information and services on www.solvengo.be, you agree to our privacy policy and the conditions we have included herein.

3) Questions

If you would like to receive more information, or if you have questions about Solvengo’s privacy policy and specifically www.solvengo.be, you can contact us by e-mail. Our e-mail address is [email protected]

4) Monitoring visitor behavior

www.solvengo.be uses various techniques to keep track of who visits the website, how this visitor behaves on the website and which pages are visited. This is a common way of working for websites because it provides information that contributes to the quality of the user experience. The information that we register via cookies includes IP addresses, the type of browser and the pages visited.

We also monitor where visitors first visit the website and from which page they leave. We keep this information anonymously and is not linked to other personal information, here.

5) Use of cookies

www.solvengo.be places cookies with visitors. We do this to collect information about the pages that users visit on our website, to track how often visitors come back and to see which pages are doing well on the website. We also keep track of what information the browser shares.

6) Disable cookies

You can choose to disable cookies. You do this by using the options of your browser. You will find more information about these options on the website of the provider of your browser.