GENERAL TERMS AND CONDITIONS OF USE

 

Article 1 – Information on OBOVOL 

1.1 Site Publisher  

The www.obovol.com site (hereinafter, the “Site”) and the Obovol app available on the Android Google Play Store (hereinafter, the “App”) are operated and managed under the responsibility of franckartline Belgium sprl (hereinafter “OBOVOL”), whose registered office is established at Avenue Montjoie 58 – 1180 Uccle ( registered on the Belgian Companies Database (“Banque Carrefour des Entreprises”) under number BE0834.412.311 

Any question or claim regarding the service (hereinafter, the “Service”) or these general terms and conditions of use (hereinafter, the “Conditions”) may be sent to OBOVOL to the address mentioned above or to the following e-mail address: info@obovol.com . 

1.2 Acceptance 

Access to and use of the Site/App and the Service shall be subject to these Conditions, the Privacy Policy, as well as the applicable laws and regulations. Consequently, access to and use of the Site/App and the Service imply the Internet user's full and unconditional acceptance of these Conditions and the Privacy Policy.  

These Conditions and the Privacy Policy shall exclusively govern the relationship between a member of the Service (hereinafter, the “Member”), the campaign editors (hereinafter, the “Campaign Editors”) (hereinafter together the “User”) and OBOVOL regarding the Service and the use of the Site/App. They supersede all other contrary general terms and conditions, documents or agreements between the parties.  

The Conditions can be consulted at any time at the following address: …………………………… 

1.3 Modification 

OBOVOL reserves the right to modify and update, at any time, without prior notice, these Conditions, access to the Site, access to the App, as well as access to their content, by means of notification to the Users. All of these changes shall be imposed on Users whenever they access the Site.  

OBOVOL reserves the right to suspend or cease the Service, the Site or the App at any time. In this case, it shall publish a notice on the Site or App or send an e-mail.  

1.4 Language versions 

In the event of deviations between the different language versions of these Conditions and the Privacy Policy, the English version shall prevail.  

 

 

Article 2 – Service provided 

2.1 General Service description 

The App/Site is a virtual exchange platform allowing:  

  • Campaign Editors described in Article 2.3 to suggest one or more campaigns (hereinafter the “Campaign”) described in Article 2.5 on the App/Site.  

  • Members described in Article 2.2 to buy products and/or services based on buying and non-buying opinions made on the basis of Campaigns selected by the Member.  

To do this, the Member identifies the product(s) and/or service(s) with his/her smartphone when buying by:  

  • Scanning the bar codes of the product and/or service; 

  • Voice recording the name of the product and/or service; 

  • Entering the name of the product and/or service. 

If the product or service is identified, a search is performed in the “My Obovol Portfolio” described in Article 2.4 (hereinafter the “Portfolio”) and a buying or non-buying opinion is given to the Member. The Member then indicates his/her buying choice. The Member may choose to communicate this choice to the company producing the goods or providing the service or the press by e-mail or share it on social media. 

If the product or service is not identified, the User downloads the product or service from the Site/App by entering the brand and, where applicable, the name of the company. The product or service is then automatically integrated into the platform. 

2.2 The Member 

The Member is any natural or legal person who is at least eighteen (18) years old and registered on the Site/App. 

The Member notably has the opportunity to:  

  • Vote for a Campaign described in Article 2.5. http://www.obovol.com/campaign#status:selected=Submitted|paging:number=5 for all information related to the possibility of voting on and selecting Campaigns; 

  • Follow the online instructions on the Site/App regarding a product and/or service; 

  • Upload a product and/or service, brand and/or producer onto the App/Site; 

  • Communicate a Campaign to the press, a company or on social media; 

  • Suggest a Campaign for the Site/App; 

  • Earn and collect points, making it possible to go up in rank and have access to new features and responsibilities within the platform. http://www.obovol.com/gamification/want-to-have-fun for more information about how to earn points and go up in rank; 

  • Create his/her own Campaign, if s/he fulfils the conditions described in Article 2.3. 

 

 

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2.3 The Campaign Editors(s) 

The Campaign Editor is: 

  • An institution; 

  • A personality who has received the status of honorary-member from OBOVOL's ethics committee; or 

  • A Member as described in Article 3.2 who has accumulated enough points. http://www.obovol.com/gamification/want-to-have-fun for more information about how to acquire points. 

2.4 The "My Obovol" Portfolio 

Each Member has their own public “My Obovol” Portfolio visible on the App/Site, in which the Member selects and adds the Campaigns of his/her choice.  

The member can rank the Campaigns that s/he has put in his/her portfolio in such a way that, if two Campaigns contradict each other, the recommendation of the first one prevails. 

2.5 Campaigns 

Campaigns are suggested by the Campaign Editors described in Article 2.3 and are intended to promote or encourage the purchase of certain products and/or services by the Members described in Article 2.2. 

The Campaigns and any information relating thereto are provided and put online by the Campaign Editors described in Article 2.3.  

Each Campaign consists of the following components and information: 

  • A title, text and descriptive images and/or videos; 

  • A target; 

  • A list of the products and/or services it condemns and their respective bar codes; 

  • A list of the products and/or services it promotes and their respective bar codes; 

  • The name of the company producing the goods or providing the service which are promoted/condemned; 

  • An e-mail address to which the Member, as described in Article 2.2, can send his/her buying or non-buying opinion notifications; 

  • A selection of the target media for this Campaign. 

When a Campaign is published by a Campaign Editor, Members have the possibility of voting for this Campaign. In order to be “activated”, the Campaign must receive more than ten thousand (10,000) votes and have a positive rate of more than sixty percent (60%); the Campaign is then activated and Members have the option to add it to their Portfolio. 

Article 3  Accessing the App/Site and features - obligations relating to the use  

The Site is consulted free of charge and freely. The App is first downloaded free of charge in order to be consulted. 

Access to the Service described in Article 2 requires a free prior registration by submitting the form provided for this purpose on the Site and App. The User may also register via Facebook. 

 
The User undertakes to respect the applicable laws, rules and codes of conduct and particularly to refrain from:  

 

  • posting or sending content or communications which are false or misleading, (and updating this content, if applicable, in order to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, untruthful, detrimental to another person's privacy, offensive, harmful, violent, threatening, harassing, defamatory, constituting an infringement of an intellectual property right or any other right, or which encourages or participates in any of these things; 

  • soliciting personal information from other Users; 

  • disclosing or making accessible to a third party the User's name, password, secret code or similar, or use these for any purpose other than for identification on the App/Site; 

  • providing e-mail addresses to OBOVOL or a third party without obtaining the prior consent of the people concerned; 

  • posting or sending content concerning third parties without obtaining their prior consent; 

  • posting or sending content violating the rights of a third party or prejudicing them in any way whatsoever; 

  • posting or sending content which leads to illegal websites or contains inappropriate content;  

  • using the App or Site to send spam, unsolicited e-mails, pyramid e-mails or similar or fraudulent processes; 

  • any action which may have the effect of disrupting the smooth operation of the App, Site or Service, including the use of worms, viruses, time bombs or bulk emailing; 

  • attempting to violate unauthorised access to any part of the App or Site or equipment used for operating the App, Site or Service; 

  • using the App or Site to harass other Users or attempting to contact Users who have asked not to be contacted anymore; 

  • using a false name, pseudonym or claiming the identity of another person or entity; and  

  • using the App or Site for any purpose other than those specified by these Conditions. 

 

OBOVOL may in no way be held liable for non-adherence by a User to the Conditions, laws or applicable regulations. The User shall guarantee OBOVOL against any action, claim or complaint lodged by a third party (including public authorities) regarding his/her use of the App/Site. 

Failure to comply with the above rules exposes the User to severe civil and criminal penalties, such as those set by the following provisions: 

  • Book VI of the Code of Economic Law on market practices and consumer protection; 

  • Book XII of the Code of Economic Law on certain legal aspects of the information society's services, which punishes the sending off unsolicited e-mail by a fine of 250 to 50,000 Euros; and 

  • Articles 210a, 504c, 550a and 550b of the Belgian Criminal Code, inserted by the law of 28 November 2000 on cyber crime, which provide for:  

(i)imprisonment of between six months and five years and a fine of between twenty-six Euros and two hundred thousand Euros, or one of these penalties only in case of IT forgery or fraud or an attempt to commit any of these offences; 

(ii) imprisonment of between three months and five years and a fine of between twenty-six Euros and two hundred thousand Euros or one of these penalties only in case of violations of confidentiality, integrity and availability of information systems and data which are stored, processed or transmitted by these systems, or an attempt to commit any of these offences. 

In addition, any User who violates the Conditions could: 

  • have their access to the App and/or Site prohibited or suspended; and/or 

  • loose any points collected if s/he is a Member;  

The User is also required to inform OBOVOL immediately in writing if s/he becomes aware of inappropriate behaviour related to the App, Site or Service or the distribution of any illegal, inaccurate, offensive or indecent content, or any breach of any of their rights or the rights of third parties. *Click here* to report inappropriate or suspicious behaviour or content. 

Article 4 – Download and registration 

4.1 Download 

Prior to registering, in order to use the App, the User must first go to Google Play (hereinafter “Google Play”) using his/her smartphone to download the App.  

The relationship between the User and Google Play are governed by Google Play's general terms and conditions, which are available at the following address: https://play.google.com/intl/fr_be/about/play-terms.html

When performing a download through Google Play, Users acknowledge having read, understood and accepted Google Play's general terms and conditions. 

Any communications for the attention of Google Play can be made via the following number: 080058148. Lines are open from Monday to Friday between 9 am and 5 pm in Dutch and between 9 am and 9 pm in French. 

4.2 Registration 

The User is a natural or legal person. The User is only allowed to have one account and must first register via the App or Site.  

Registration is free of charge.  

Registration is reserved for people aged 18 years or over that have full legal capacity.  

OBOVOL reserves the right to require at any time proof of identity and legal capacity of the User wishing to register. If the User is a legal person, he certifies that he is allowed to act in this way and engages the legal person with regard to these Conditions. 

Following the submission of the registration form available on the Site or App, the User receives, at the e-mail address indicated on the form, an acknowledgement indicating his/her User name and password. Registration is complete when the User confirms their registration request by clicking on the hyperlink contained in the acknowledgement sent by OBOVOL. The User can then login to the App/Site by entering their User name and password in the fields provided for this purpose. 

The registration of a User gives rise to the recording of his/her data in OBOVOL's database and the creation of a public profile. 

Data collected on this occasion is handled according to the Belgian Privacy Act of 8 December 1992 on the processing of personal data and any other legislation directly or indirectly governing this matter, as described in the Privacy Policy. 

The User guarantees that the information communicated by him/her is accurate, up to date and complete.  

The User may request the deletion of his/her registration at any time. His/her information and profile will then be deleted, at his/her request, as soon as possible and subject to proof of identity. 

Article 5 – Obligations and responsibilities. 

The User agrees to use the Site/App for its intended purpose only, to the exclusion of any other purpose.  

The User is required to ensure that all of the information provided is accurate and updated. 

The User agrees to provide all the necessary information so that the description of the product or service is true and does not mislead Users.  

The User is responsible for the use of and access to his/her account. In this regard, the User must ensure that no other person will have access to App/Site with his/her password. In the event that the User becomes aware that another person is accessing the App/Site with his/her password, s/he must inform OBOVOL of this promptly by sending an e-mail to the following address: info@obovol.com  

OBOVOL role is only to host the content downloaded by the User. As a result, the User is fully and solely responsible for all activity carried out using his/her account and OBOVOL shall not be held liable for any loss or damage which the User may have suffered as a result of the unauthorised use of his/her password by another person, even without the User's knowledge. 

OBOVOL shall not be held responsible if the smartphone is not compatible with the App or if the downloaded version of the App is inadequate for the smartphone.  

Article 6 – Content posted online by the User 

The User has the option to post content on the App/Site (such as, in particular, photos, images, videos, notifications and texts) (hereinafter the “Content”).  

OBOVOL does not guarantee that the information contained in the App/Site is complete, accurate, adequate and reliable, or that it is in compliance with the applicable legislation or does not violate any third party rights. OBOVOL expressly declines all responsibility regarding the Content posted on the App/Site by Users. 

The User acknowledges that s/he is solely responsible for the Content that s/he posts and the consequences of its distribution. The User represents and warrants that s/he has all the authorisations needed to post the Content and distribute it. The User therefore agrees not to communicate, upload, or display Content to which third parties may hold any rights whatsoever (including the right to respect for privacy and image rights, especially regarding photographs or any intellectual property rights), unless they have obtained prior express consent from these third parties. 

The User shall guarantee OBOVOL against any action or complaint lodged by a third party (including public authorities) regarding this Content. 

OBOVOL may carry out checks of the Content and in particular reserves the right to modify coding errors by Users and remove any Content which violates the Conditions or which has been the subject of complaints. OBOVOL may exercise this right at any time, without prior notice and at its sole discretion. 

OBOVOL reserves the right to cancel or suspend a User's registration at any time in the presence of items leading to believe in the existence of an infringement of the applicable law, these Conditions, Google App's general terms and conditions, the rights of third parties, or if the status of the User in question causes or is likely to cause damage to the interests of OBOVOL or other Users. 

 
Article 7 – Intellectual property rights 

7.1 
 
The App, Site and all their components (trademarks, logos, graphics, photographs, animations, music, texts, etc.) shall be the property of OBOVOL or its partners. They shall be protected by intellectual property rights (namely copyright and related rights, trademarks, etc.) and may therefore not be copied, used or distributed without the prior written authorisation of OBOVOL or, if applicable, the bearer of the rights concerned, subject to constituting an infringement of copyright and/or rights to designs and models and/or trademarks, punishable by up to three years and a fine of 100 to 100,000 Euros or only one of these penalties. 

7.2. 
 
OBOVOL hereby grants Users a non exclusive and non transferable licence for an indefinite term, which may be revoked at any time without indicating the grounds, in order to access the contents of the App or Site, display them and download them solely for display purposes. The User may also print a copy of the content displayed on the App/Site for his/her personal needs, on condition that s/he in no way changes the App/Site's content and that s/he keeps all the App/Site's references of authorship and origin. The User also undertakes not to circumvent technical systems to protect documents and multimedia elements. Reproduction is therefore permitted only for strictly private purposes within the meaning of Article XI.190 5° of the Code of Economic Law. 

7.3. 
 
Any use of the App/Site and its components not mentioned in this article shall be strictly forbidden. 

7.4. 

In order to allow OBOVOL to use the various information published by the User, the latter grants OBOVOL a non-exclusive and free licence, with no time or territory limitations, with the right to sub-licence, for the use, operation and disclosure of these items, on any existing or upcoming media, which OBOVOL accepts. If applicable, this licence will remain in force for the entire legal term of protection of these items.  

7.5. 

OBOVOL shall not be held responsible, even partly, if all or part of the Content of Campaigns is reproduced on another existing or upcoming media without its knowledge and without OBOVOL’s written permission.  

Article 8 – Liability related to use of the Site 

8.1. Site accessibility and operation 

OBOVOL shall ensure, in so far as possible, that the App and the Site are updated and remain accessible to a regular number of Users. Nevertheless, OBOVOL shall not guarantee that the App and Site features will be available without interruption or error, that the faults will be corrected or that the App, Site and server which make it available are exempt of viruses or other harmful components. Furthermore, OBOVOL reserves the right to suspend or stop all or part of the App or Site, at any time, without prior notice.  

OBOVOL shall not be held responsible for any loss and/or damage of any kind whatsoever, which may arise from the suspension, interruption, disturbance (technical), slowing down, difficulties of accessibility to all or part of the App or Site or even viruses or other harmful elements on the App or Site. 

If the User detects the presence of a virus or other harmful elements on the Site or App, s/he is kindly asked to report them to OBOVOL using the following address: info@obovol.com so that the necessary measures may be taken. OBOVOL in any event recommends that Users install on their computer firewalls, anti-virus programmes and other protection software in order to prevent any damage to it.  

8.2. Use of the App/Site 

The User manipulates the App/Site at his/her own risk. The App, Site, their components and all information, software, installations, services and related items shall be supplied without any warranty of any kind, either express or implied and within the limits of the applicable laws. 

OBOVOL shall not accept any liability in the event of loss or damage (direct, indirect, material or immaterial) resulting from the use of the App, Site and their components, or the incapacity to use the App/Site. 

8.3. Links to and from other sites 

Hypertext links to other websites may appear on the App/Site. Some websites may also include links to the App or the Site. These linked sites are not controlled by OBOVOL, which assumes no liability regarding their operation, content and use. Unless expressly stated otherwise by OBOVOL on the App or the Site, the existence of such links does not imply endorsement by OBOVOL of such third party websites or the use that could be made of them, or any association or partnership with the operators of these websites. 

Article 9  Validity of the contractual clauses 

9.1. 
 
Failure by OBOVOL to avail itself, at any given time, of a provision of these Conditions, may not be interpreted as a renunciation to subsequently avail itself of its rights in terms of the said provision. 

9.2. 
 
The invalidity, lapse or the unenforceable nature of all or part of one of the above or below mentioned provisions shall not give rise to the invalidity of all the Conditions. Any fully or partially invalid, lapsed or unenforceable provision shall be deemed not to have been written. OBOVOL undertakes to substitute this provision with another which fulfils as far as possible, the same function. 

Article 10 - Applicable law and competent court 

These Conditions shall be governed, interpreted and applied pursuant to Belgian law.  

In the case of a dispute, the User and OBOVOL agree to first attempt to resolve their dispute by way of mediation, before resorting to arbitration, litigation, or any other method of dispute resolution. In the event that the use alternative methods of dispute resolution do not succeed, all disputes fall exclusively within the jurisdiction of the Courts of the judicial district of Brussels.