Deze cookies policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Lab Box (via firstname.lastname@example.org) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze cookies policy te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
La présente cookies policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Lab Box (via email@example.com) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente cookies policy, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
Date of last revision: 22/11/2019
Lab-Box SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”) and the E-privacy Directive (Directive (EC) 2002/58 of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector).
Lab-Box SA/NV (hereafter: “MyMove”) Rue du Mail/Maliestraat 50 - 1050 Ixelles/Elsene. Enterprise number: BE0680.845.473 (RLE Brussels)
To contact us: firstname.lastname@example.org
To have access to our policies: https://www.mymove.be (the “Website”) or on the menu of MyMove mobile application (the “Application”)
Scope of application
What are cookies?
What kind of cookies are used by MyMove?
The following cookies are being stored when you visit and use the Application and the Website, said cookies belonging to the domain of our Website and/or our Application (first-party cookies) or to the domain of other parties (third-party cookies).
Cookies essential for navigation:
These are cookies that are required in order to use our Application and our Website. Without them certain sections will not function correctly, or not at all. In particular they enable navigation between the various sections of our Application and our Website, completion of forms and secure verification of your identity before granting access to your personal data.
The following cookies are essential for navigation:
_iub – functional – iubenda - To store your cookie consent preference – temporary
euconsent-v2 – functional – Iubenda - To store your cookie consent preference – temporary
ii. Functional cookies:
Functional cookies are intended to facilitate operation of our Application and of our Website and make using it a more pleasant and personalized experience for you. These are cookies which, for example, store your preferences such as choice of language or your customer segment, collect information in forms for statistical purposes (number of unique visitors, etc.) or enable analysis of how visitors use the Application or the Website.
The following cookies are functional cookies:
_ga - statistical - Google Analytics - Registers a unique ID that is used to generate statistical data on how the visitor uses the website - permanent
_gat - statistical - Google Analytics - Used by Google Analytics to throttle request rate - temporary
_gid - statistical - Google Analytics - Registers a unique ID that is used to generate statistical data on how the visitor uses the website - temporary
iii. Marketing cookies:
When you visit our Website and/or our Application, socio-demographic data and profile data are collected and stored anonymously in a marketing cookie. Marketing cookies do not contain any personal data and are placed by advertisers when their ad is posted. They prevent you being bombarded by the same advertisement over and over again and help to personalize publicity, but they also measure the effectiveness of various marketing and publicity actions.
The following cookies are marketing cookies: None
iv. Third party cookies:
Some cookies are placed via our Application and our Website by third parties, for example Google. In particular they improve our Application and Website's content and operation.
The following third parties placed cookies on our Application and our Website: [Google]; Etc.
The details of said cookies are mentioned in the previous sub-sections.
How long do cookies exist?
Temporary cookies (or “session” cookies) are temporarily stored in your browser or application. As soon as the User closes its browser or application, these cookies are automatically deleted.
Permanent cookies (or “persistent” cookies) remain on your computer or mobile device, even after you close the browser or the application. They make it possible to recognize the User during a subsequent visit to a website or an application. They remain on the User’s device until their expiration date is reached, a new version of the cookie is installed, or the User deletes them manually.
The expiration date of such cookies is thirteen (13) months.
The above duration is based on the User’s informed consent and by giving its explicit consent, the User agrees with this duration.
Data collected, stored or transmitted by those cookies
Data retention period
You can configure your internet browser in order to be informed of each cookie sent or systematically refuse them by modifying the parameters of your browser. MyMove cannot guarantee the access, use and operation of the Application and of the Website if the storage of cookies is disabled. If you want to refuse marketing cookies (including Google among others), you can do this with the help of the following website: http://www.youronlinechoices.com/
Modifications to this Policy
We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website and will be “popped-up” on the Application.
Legislation and competent courts
This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute. Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.QuestionsIf you have any further questions about this Policy or its implementation, please contact via email@example.com.
Date of last revision: 22/11/2019
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met MyMove (via firstname.lastname@example.org) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec MyMove (via email@example.com) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
Date of last revision: 14/05/2019
BY ACCESSING OR USING MYMOVE APPLICATION OR MYMOVE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF MYMOVE AS SET FORTH BELOW (THE “TERMS AND CONDITIONS”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR THE APPLICATION IN ANY WAY.
These Terms and conditions can be accessed on the Website as well as on the menu of the Application. These Terms and conditions are applicable from 14 May 2019 onwards and replace all previous terms and conditions. These Terms and conditions shall apply to all Users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Application, on the Website, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from MyMove. However, by accepting the application of the Terms and Conditions, the User expressly accepts the application of the terms and conditions of the service provider offering its services and/or products on the Application to that User pursuant to provision 10 below.
rue du Mail/Maliestraat 50
1050 Brussels, Belgium
0680.845.473 (RLE Brussels)
(hereinafter referred to as "MyMove")
MyMove has developed an application, called MyMove, to enable employees (“Users”) to handle their mobility budget (in application of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and the policies set in place by the employer’s employee or simply in application of an agreement between MyMove and the concerned employer) and to reserve, book and lock/unlock vehicles of a fleet made available by their employers, the usage of which shall be paid by any concerned employee through their mobility budget (the “Application”).
MyMove’s goal is to build a company fleet with the ideal mix of green cars, bikes, scooters and steps, as provided in these Terms and conditions and to enable the usage of the fleet and other mobility services to Users of the Application.
Users may use the Services only in accordance with these Terms and conditions.
Defined terms in this Agreement shall have the meaning as ascribed to them in this Article 1 or the meaning indicated where they are used. “Account” means the personal user account, containing Personal Data, created by MyMove on the Application for a User on the basis of an existing agreement between the User’s employer and MyMove;
“Application” means the mobile application called MyMove, managed by MyMove, which enables Users to receive the Services from MyMove subject to these Terms and conditions;
“Intellectual Property Rights” means all existing and future, registered or unregistered, intellectual, industrial, commercial and all other property and similar rights, in Belgium and elsewhere in the world, including, without being limited to, copyrights (including but not limited to copyrights in computer programs and databases) and all other possible rights in the fields of literature, arts and science; patent rights, rights to know-how or trade secrets, and all other rights on intellectual creations in the field of technology; design rights; trademarks, rights to statutory and commercial denominations, domain names and all other possible rights to signs used in business to distinguish one good or service from another in trade;
“MyMove” means Lab Box SA/NV, a company offering mobility sharing solutions, having its registered office at rue du Mail/Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473 (RLE Brussels);
“Service(s)” means the services provided by MyMove or by any third party through the Application and/or the Website to enable Users to handle their mobility budget (in application of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and the policies set in place by the employer’s employee or simply in application of an agreement between MyMove and the concerned employer) and to reserve, book and lock/unlock vehicles of a fleet made available by their employers, the usage of which shall be paid by any concerned employee through their mobility budget in accordance with the terms and conditions of this Agreement;
“Terms and conditions” means the present terms and conditions forming the agreement between the User and MyMove for the use of the Service(s) and more generally the Website and/or the Application;
“User” is a person who uses the Website or the Application and the Services provided thereon subject to the terms and conditions of this Agreement, it being understood that Users of the Application are employees and that said employees have been given access to the Application on the basis of an existing agreement between their employer and MyMove;
“Website” means http://www.mymove.be.
2. Subscription by a User
1. The Application shall be made available to Users upon fulfillment of a registration form and subscription to the Application. The registration form, made available to the User through their employer, must contain all data necessary to enable MyMove to create a user account such as the name, the email address or the amount of the mobility budget allocated to said User by their employer.
2. The User acknowledges that their Account is strictly personal and cannot be used by any third party. The User expressly acknowledges and agrees it is strictly forbidden for Users to give, lend, sell or otherwise transfer their Account to third parties, even another employee of the same company. The User must keep their Account details secure and must not share them with anyone else. The User shall immediately warn MyMove in case a third party uses their Account following the stealing of their phone, a hacking or any other problem.
3. The User acknowledges and agrees that MyMove shall at all times retain the right:to request a User to provide additional information and to upload additional documents for identification and verification purposes; andto determine, in its sole discretion, whether or not to approve a User, whether initially or on an ongoing basis during their use of the Application.
3. Use of Services
1. Access to and use of content. You may use the Application and/or the Website to browse, locate, reserve and pay transportation for your travels, either directly on the Application (usage of any vehicle of the employer’s fleet) or with a prepaid card provided by MyMove but managed and delivered by Modalizy SA/NV, a third party (usage of other mobility services).
To use the Application and/or the Website, you will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.
2. Mobility services offered on/through the Application. The mobility services offered on the Application or through the Application thanks to any User’s mobility budget may vary and/or be updated. The User expressly acknowledges that MyMove is in no way whatsoever responsible for such variations and/or updates. All mobility services may not be available at all times or in all locations.
3. Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Services.
4. Updates. The Application and the Website may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions. Such updates may be necessary in order for you to use the Application and/or the Website. By agreeing to these Terms and conditions and using the Application and/or the Website, you agree to receive such updates automatically.
5. Proof. Unless otherwise proven by writing, the data registered on the Application and/or the Website form the proof of any booking and/or payment made by the User.
6. SMS. You might receive a SMS message to enable you to use the Application. Standard rates will apply.
4. Absence of user right of withdrawal
By virtue of article VI.53, 13° of the Economic Law Code (“Code de droit économique”/ “Wetboek van economisch recht”), user’s right of withdrawal for 14 days is not applicable in the case at hand.
5. User responsibilities and User guidelines
1. The User undertakes:
not to use the Website and/or the Application (including their Account) for illegal purposes or purposes that may damage the rights (including Intellectual Property Rights) or interests of MyMove or any third parties, and in particular not to use the Website and/or the Application to distribute trade secrets, viruses, damaging or illegal information, or information that is distasteful, discriminatory or offensive towards any person;not to disrupt access to the Website and/or the Application , or to access MyMove’s computer systems, or modify, or use them to transmit computer viruses, hacking attacks, computer worms, etc., or commit misdemeanours likely to be qualified as computer crimes;not to use any automatic system or software to extract data from the Application and/or from the Website for commercial purposes (“screen scraping”) as screen scraping of the Application and of the Website is forbidden;comply with these Terms and conditions, the applicable terms and conditions of any third-party offering services that such User uses and all applicable laws and regulations;that it has full authority and legal capacity to agree to these Terms and conditions and that it has not been previously suspended or blocked from the Website and/or the Application.
2. Should the User fail to comply with their obligations, MyMove reserves the right to prohibit and immediately block access to the Website and/or the Application (including their Account), to prohibit such access without repayment of any reservation made or any open balance and to take out proceedings for the payment of compensation.
6. Personal Data, privacy and use of geolocation data
7. Mobility budget
1. The mobility budget consists of the possibility for employees disposing of a personal company car through their employer to hand over said personal company car in exchange for a budget to spend on all types of mobility means (e.g. taxi, public transports, shared cars, shared bikes, etc.).
2. The mobility budget is further defined in the law of 17 March 2019 regarding the introduction of a mobility budget and its executive royal decree(s), it being understood that MyMove does not commit to offer a mobility budget system and, more generally, Services, that shall enter within the scope of this law and that the employer is solely responsible thereon.
3. The mobility budget that an employee will receive on the Application is chosen by the User employer. In principle, it depends on the type of company car the employee is handing over: the more expensive the car, the bigger the mobility budget. Indeed, the mobility budget is equivalent to the total cost of ownership of the company car (incl. leasing, insurance, maintenance, fuel, etc.)..
4. Just like for any company car or company vehicle, each employer defines the internal policy that their employees have to accept before being able to use the Services offered by MyMove. MyMove bears no responsibility and has no say on said internal policy.
5. The Application shows to each User the amount of their allocated mobility budget and all previous bookings, it being understood that the synchronisation between the payments made with the prepaid card and the Application can take up to forty-eight (48) hours
1. All prices are in euros and include VAT and all relevant taxes, rights or other indirect contributions, which would be due in application of the relevant legislation.
2. Each User can select, before a trip, the nature of said trip (professional or private, the latter including the home to work commutings), it being understood that the payment card developed by Modalizy SA/NV can only be used for private trips and that any trip paid therewith shall therefore be considered as a private trip.
3. All professional trips are directly paid for by the employer of the User while private trips shall be booked through the mobility budget allocated to the User.
No direct payment shall therefore take place on the Application and/or on the Website.
4. The prices of the usage of any vehicle of the employer’s fleet are defined directly by the employer while the prices of the usage of other mobility services are defined by the providers of said mobility services, meaning that MyMove does not choose the prices of the mobility services accessible on the Application (usage of the employer’s fleet) or through the Modalizy payment card (other mobility services). Those prices may vary depending on their use or on the purchase moment and only the service providers are responsible therefor.
9. Liability This Article will survive termination of this Agreement.
1. MyMove Liability MyMove shall only be liable to the User for damages or losses directly resulting from MyMove’s breach of these Terms and conditions. MyMove’s total liability shall in no event exceed two thousand five hundred (2,500) EUR and MyMove shall in no event be liable for any damages or losses incurred or sustained by or imposed upon MyMove based on, arising out, with respect to or by reason of the User’s criminal, wilful or grossly negligent action or omission in the use of the Services or in connection with these Terms and conditions.
MyMove shall in no event be liable to the User for any indirect, consequential, special, or incidental damages, loss, corruption or damages, loss of profits or loss of business for any matter related to these Terms and conditions, the Website, the Application or any Services provided by MyMove, even if MyMove was advised of the possibility of such damages or if such possibility was reasonable foreseeable, nor for any delay or failure to perform any of its obligations under these Terms and conditions due to force majeure or any other cause beyond its reasonable control, including but not limited to internet failure, power outage, explosion, fire, war and terrorism.
Nothing in this Agreement shall exclude or restrict the liability of MyMove for:
• death or bodily injury caused by its negligence or its wilful misconduct; or
Any exclusion or limitation set forth herein shall apply to the maximum extent permitted by applicable law.
2. User Liability The User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with these Terms and conditions.The User expressly undertakes to fully indemnify and hold harmless MyMove for any and all damages, losses and costs arising out of:a criminal or immoral act committed by the User or any other non-compliance with the applicable laws during or through such User’s use of the Services;the User’s non-compliance with these Terms and conditions, or their negligence, gross negligence and wilful misconduct. The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs arising out these Terms and conditions and any incident relating to its performance.
10. Disclaimer of warranties
1. MyMove does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free, and Users agree that from time to time MyMove may remove the Services for indefinite periods of time, or cancel the Services at any time, without prior notice to the Users. The User expressly agrees that their use of, or inability to use, the Services is at their sole risk. The Services and all products and services delivered to the User through the Website or the Application are (except as expressly stated otherwise by MyMove) provided “as is” and “as available”, without warranties of any kind for as far as possible in application of Belgian law, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
2. MyMove does not guarantee, represent, or warrant that the Services are included within the scope of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and that such legislation shall apply to the Users and their employers by using the Application and the Services.
11. Links to third-party websites or services and application of their terms and conditions
1. The Website and/or the Application contain links to third-party websites or services that are not owned or controlled by MyMove. MyMove has no control over, assumes no responsibility for it, does not warranty the content, privacy policies or practices of any third party websites or services. The User further acknowledges and agrees that MyMove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
2. The User expressly agrees that the terms and conditions of the mobility provider that provides them with a transportation service paid through the Application or Modalizy payment card linked with the Application apply to the use of that transportation service (duration, liability, use, etc.). The relevant terms and conditions can be found on the respective websites of the service providers.
12. Intellectual Property Rights
1. All Intellectual Property Rights related to the Website, the Application (in object code and source code form), the underlying models and algorithms of the Application and of the Website, MyMove brand and logo, including any rights, title and interest therein, shall at all times remain the sole and exclusive property of MyMove and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation Intellectual Property Rights) therein pursuant to these Terms and conditions, except for the limited user rights expressly granted hereunder. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Application and/or the Website, MyMove shall own all rights, title and interest, including any Intellectual Property Rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest, including any Intellectual Property Rights, in such modifications and derivatives to MyMove at no cost to the latter.
2. The User agrees: (1) not to remove any intellectual property notices in the Application and on the Website; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application and the Website to any third party; (3) not to alter or modify the Application and the Website; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application and the Website; (5) not to prepare derivative works from the Application and the Website and (6) not to use or register the brand “MyMove”.
3. MyMove cannot be held responsible for any abusive or fraudulent use of its name, its logo, its brand or their addresses.
1. Users may terminate this Agreement upon a notice period and subject to the conditions determined within the internal policy provided by their employer.
2. MyMove may terminate this Agreement upon a notice period agreed upon with the employer’s Users.
3. MyMove shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate or suspend an Account or to terminate the Agreement immediately upon notice via MyMove’s customer support or via firstname.lastname@example.org if one of the following events occur, or if MyMove has reasonable reasons to believe such event occurred:the User commits a criminal or immoral act or any violation of the applicable laws during or through such User’s use of the Services orin general, the User does not comply with these Terms and conditions, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise.
4. In case of deactivation or suspension of the Account or termination of the Agreement, the User shall no longer be entitled to use the Application and the Services for the duration of such deactivation or suspension, as the case may be.
14. General provisions and jurisdiction
1. The User accepts that MyMove shall have the right to notify the User per pop-up of any changes to these Terms and conditions. The User cannot continue using the Application, the Website and Services following the effective date of a change without prior acceptance of such change.
2. If any provision in these Terms and conditions is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of this Agreement shall remain in effect.
3. The mere fact that MyMove does not invoke, at any given time, one provision of these Terms and conditions cannot be interpreted as a waiver to use and invoke that provision.
4. These Terms and conditions are governed by and construed in accordance with Belgian law and any dispute relating thereto must be submitted to the exclusive jurisdiction of the courts of Brussels.
15. Refund policy
Since the Mobile Application offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product in the Mobile Application. Please make sure that you've carefully read service description before making a purchase.
1. If you have any further questions about these Terms and conditions or their implementation or if you need support with the use of the Application, please contact your employer or MyMove (by email at email@example.com)
2. For questions or complaints directly related to the services performed by the third party service providers, please contact directly the customer service of the concerned service provider as detailed in their terms and conditions (for example in case of problems with a bike, if there is a strike, if you have an accident, etc.).
Date of last revision: 14/05/2019
Date of last revision: 05.01.2021
Dit privacybeleid is, net als onze algemene voorwaarden, opgesteld in het Engels. Als u het Engels niet begrijpt, neem dan contact op met MyMove via firstname.lastname@example.org voordat u de toepassing van onze algemene voorwaarden accepteert, om een vertaling of uitleg in het Nederlands te ontvangen van zowel de algemene voorwaarden als van dit privacybeleid. Door de toepassing van onze algemene voorwaarden te aanvaarden, verklaart u dat u de Engelse taal en dus ook de inhoud van dit privacybeleid begrijpt.
La présente politique de confidentialité est, comme nos conditions générales, établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec MyMove via email@example.com avant d’accepter l’application de nos conditions générales pour recevoir une traduction ou une explication en français tant des conditions générales que de la présente politique de confidentialité. En acceptant l’application de nos conditions générales, vous déclarez comprendre l’anglais et donc le contenu de cette politique de confidentialité également.
Lab-Box SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”).
Your personal data are handled by:
Lab Box SA/NV (hereafter: “MyMove”)Rue du Belvédère/Belvederestraat 29 - 1050 Ixelles/ElseneEnterprise number: BE0680.845.473 (RLE Brussels)To contact us: firstname.lastname@example.org To have access to our policies: https://www.mymove.be (the “Website”) or on the menu of MyMove mobile application (the “Application”)
1. Scope of application
MyMove ("we" or "us") provides this Policy to inform you of our procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Application and the services provided thereon or the Website (the “Users” or “you”).
2. What information do we collect?
MyMove collects and processes two types of information: (i) information you or your employer provide to us, and (ii) information relating to the User’s use of the Application and/or the Website (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.
2.1. Information you or your employer provide to us:
When you decide to sign up to our Application and create an account, proceed to a booking, send us an email or communicate with our customer service, you are voluntarily providing us with certain individually identifiable information that we collect and process. Such personal information may include but is not limited to your name, date of birth, gender, physical address, email address, telephone number, past expenses, billing information, bank account or other payment details. Should you give us details about another person, you hereby confirm that you fully respect the GDPR doing so and that you received every necessary authorization therefor.
We may also process additional information you may choose to provide to us on your account (i.e. personal data which must not compulsorily be given through the subscription process), such as photos, descriptions of your interests, commuting habits, languages spoken, who you are, where you live and where you work.
Additionally, your account may contain other necessary information as detailed in the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees. Said information might be provided directly by you or by your employer in the strict respect of the legislation in place concerning mobility budgets.
Location and travel timings:
In order to improve the Application and the services offered thereon and to help calculate distances and timing between two locations or the time needed to park in a given area, your location, places of departure and destination, the start and finish times, the date of the travel and the duration of the use may be collected.
Additionally, all necessary data that MyMove is obliged by law to collect and process shall be duly collected and processed (law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees).
When you decide to use the Application on any mobile device you may or may not use the geolocation options. However, some services require you to activate this option so that we can locate you or your vehicle. It is possible to turn off the geolocation option of your mobile phone at any time.
As provided by law, MyMove shall collect personal data relating to your bookings and purchases as to enable you to have access to your booking history and to the amount left on your mobility budget as the case may be.
When you contact our customer service or anyone of the MyMove staff, we may keep a record of that correspondence and collect the necessary information to classify your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Policy. Moreover, your contact details might be used to notify you about changes in our Terms and Conditions or this Policy.
Contests, promotions and feedback:
When you participate in a contest or promotion organised by MyMove, we will ask you for the necessary Personal Data to manage the concerned contest or promotion such as a name, email address, phone number, age or place of residence. When you take a survey or give us feedback on the use of the Application and/or the Website, we may ask for some Personal Data to perform a follow-up of your feedback.
2.2. Information we learn about you from your use of the Application and/or the Website:
We may process your IP address and certain non-personal information or aggregated data about how and when you use the Application and/or the Website. This information is usually of a technical nature (device settings and information, including but not limited to the type of browser, operating system, keyboard language, screen resolution, IP address, location, etc.) and of a behavioral nature (the actions taken by you on the Application and/or the Website, including but not limited to access times, pages requested, actions executed, etc.) and is used to compile statistical data about the use of our Application and/or Website.
3. Purposes of collecting information
MyMove only processes Personal Data for the following purposes:
3.1. Execution of a contract (art. 6, §1, b) of the GDPR):
We process certain Personal Data (name, phone number, email address, date of birth, driving license number, location, travel timings) to execute the contract between you and us allowing us and the concerned service providers to process your purchases and bookings on the Application to allow you to reserve, book, lock and unlock a vehicle on the Application, to confirm purchases and bookings, to inform you in case of problem, to offer you a summary of your travels in the framework of a mobility budget or other reward program organised by your employer, to enable you to know the remaining of the mobility budget you have, to treat your requests through our customer service or troubleshoot any problems.
3.2. Compliance with legal obligations (art. 6, §1, c) of the GDPR):
We may also process your Personal Data in order to comply with the law, to complete all legally obligated paperwork in each country/region in which either the User or MyMove is active, in case of illegal use of our services or when we receive orders from legal authorities.
MyMove is working with employers to offer their employees an application that enables them to handle their mobility budget. As such, employers will be granted access to some Personal Data of their respective employees as provided by the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees.
3.3. Legitimate interests (art. 6, §1, f) of the GDPR):
Beyond the collection of your Personal Data to provide our services to you or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:
a. Improve user experience:
Tracking your use of the Application and/or the Website will allow us to personalize our services to your needs and process uploaded data related to your profile such as tickets and booking preferences, trips history or favourite addresses. It will allow you to correctly use the Application and/or the Website. This will also allow us to learn more about User preferences and general trends on the Application and/or the Website in order to improve the quality of the Application and/or the Website.
b. Provide customer service:
We may collect additional Personal Data to perform general customer administration of your account by providing you with specific information on available services and by sending you communications about the Application (e.g. upcoming changes or improvements) and respond to your questions, treat your requests or troubleshoot any problems.
We may also verify the respect of your obligations set out in our Terms & Conditions and our Policy and investigate fraud and infringements on all applicable rules and regulations.
c. Perform marketing actions:
We may process your Personal Data to contact you with newsletters, tailored suggestions and information exclusively about MyMove, similar products or services we offer or related information such as events, app updates or information about our Website or Application. We will not contact you regarding third parties and we will not provide your data to third parties for marketing purposes without asking for your express consent. You can always choose to opt-out, at any time, of marketing promotions from MyMove and/or email correspondence from MyMove if you do not want your Personal Data to be used anymore for any of the aforementioned marketing purposes. If you do not want to receive commercial communications from us anymore, you can choose to unsubscribe from such commercial communications at any time by sending us an email at email@example.com.
d. Generate statistics and perform statistical analysis:
We may generate anonymous statistics about the (use and Users of the) Application and the Website in order to improve the Application and the Website and to perform statistical analysis.
e. Sharing information with third parties:
Some of your Personal Data could be disclosed to other companies of our companies group to improve our services (for example to our start-up studio Lab Box SA/NV, to the other start-ups of our start-up studio, to D’Ieteren Automotive SA/NV or to other companies of the same companies’ group) and could be shared with other mobility services providers such as Skipr and Mbrella to allow the Application and/or the Website to function properly and to have all necessary mobility data that could be included on the Application and/or the Website. Anonymous visitor information about our Users and the Use of our Application and the Website can be disclosed to third parties for marketing, advertising and promotional purposes as well as for statistical purposes for mobility trends. Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below on your rights.3.4. Other processing: We will ask for your consent before using any Personal Data for a purpose other than those that are set out in this Policy. However, if you decide to add or provide additional Personal Data to your personal settings which must not compulsorily be given through the subscription process, by doing so, you give MyMove your explicit consent to process this additional Personal Data in accordance with this Policy.
4. Security of your Personal Data
In order to prevent the loss, misuse and alteration of your Personal Data, MyMove has implemented a variety of appropriate technical and organizational security measures conform with or exceeding industry standard technologies, in order to safeguard the confidentiality of your Personal Data and ensure your online safety. However, MyMove cannot guarantee that unauthorized access will never occur.
MyMove uses its best efforts to protect the confidentiality and security of your Personal Data.In case of violation of your Personal Data, MyMove undertakes to notify the Belgian Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation.
MyMove shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties. You may not disclose to or share with any third parties your account. If your phone has been stolen or if your account risks being hacked (for example because you changed phone number or you lost your computer), please immediately inform us by sending us an email at firstname.lastname@example.org.
5. Data retention period
We do not process your Personal Data any longer than is necessary for the purposes set forth in this Policy: we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Application. Your Personal Data are deleted or anonymized maximum seven years after your last use of our Application or deletion of your account as provided by article 10 of the Royal Decree of 21 March 2019 implementing the law of 17 March 2019 regarding the introduction of a mobility budget.
6. Your rights
Exercise of your rights is free of charge and can be done at any time if it is authorized by law. You may review, update, modify or delete your Personal Data at any time. Please promptly update your Personal Data if it changes. If you wish to delete your account or, more generally, exercise your right to be forgotten, you can send us an email at email@example.com and we will process your request. Please however note that some of your Personal Data are necessary for the execution of the contract. If and to the extent provided under applicable Belgian and European law, you shall have the right:to obtain from MyMove confirmation as to whether or not your Personal Data is being processed and, where that is the case, you shall have the right to access such Personal Data being processed;to obtain from MyMove, without undue delay, the rectification of inaccurate or incomplete Personal Data;to obtain from MyMove the erasure of Personal Data;to obtain from MyMove the restriction of processing of your Personal Data;to receive your Personal Data in a structured and commonly used, machine-readable format and have such Personal Data transmitted;to object to processing of your Personal Data and to object at any time and without any justification to the processing of your Personal Data and/or to the transmission of your Personal Data to third parties.
In many cases you can improve or modify your Personal Data yourself in your personal settings.These rights can be exercised by sending an email to firstname.lastname@example.org or by sending a letter to Lab Box SA/NV, Belvederestraat/rue du Belvédère 29, 1050 Elsene/Ixelles, Belgium. You can also send this request through your employer with whom MyMove is always in touch.You have the right to lodge a complaint with the authorized supervisory authority (the Belgian Data Protection Authority) should you consider that the processing of your Personal Data infringes applicable law by sending an email to email@example.com or any other email address provided by the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/contact-us).
7. Modifications to this Policy
We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website. In case of significant changes to the Policy that results in MyMove using your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a notice on the Application and/or send you an email notification.
8. Legislation and competent courts
This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute. Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.
If you have any further questions about this Policy or its implementation, please contact via firstname.lastname@example.org.
MY MOVE – B2B TERMS AND CONDITIONS
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met MyMove (via email@example.com) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec MyMove (via firstname.lastname@example.org) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
These terms and conditions can be easily accessed and downloaded on MyMove mobile application and on MyMove website.
They are applicable from 01/11/2020 onwards and replace all previous terms and conditions.
These terms and conditions shall apply to all business users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Platform, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from MyMove.
1. Lab Box a public limited liability company (“société anonyme” / “naamloze vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvédèrestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number 0680.845.473 (hereinafter “MyMove”), has developed a mobile application, called MyMove (the “Application”), which aims at offering a tool allowing employers (“Employer(s)”) and other organisations (such as car dealers, garage owners, rental cars companies, etc.) (“Operator(s)”) to put at the disposal of registered users or employees their fleet of shared vehicles (the “Fleet”). Said Fleet, composed of vehicles owned or leased directly by said Employers/Operators (the “Equipped vehicles”) and/or by vehicles rented to Employers/Operators by MyMove (the “Rented vehicles”), is linked to the Application thanks to a technology developed by MyMove.
2. In this context, MyMove wishes to enter into partnerships with different businesses, Employers or Operators, to work with them to provide such carsharing service.
3. The person giving their consent to the application of these terms and conditions for B2B services (the “Terms and Conditions” or the “Agreement”) is wishing to enter in such a partnership with MyMove as to enable registered users or employees (the “Users” and the “Qualifying employees”) to use the Application and the services offered thereon, at the expense of the Users or at the expense of the Employer itself.
4. These Terms and Conditions constitute, together with the Particular Conditions (as defined hereinafter) accepted by the Employer/Operator concerned, the commercial partnership agreement entered into between said Employer/Operator and MyMove (the “Parties”) and setting out the terms and conditions thereof.
5. If you have any questions about these Terms and Conditions or their implementation or if you need support, please contact MyMove by email at email@example.com.
Agreement or “Terms and Conditions”:
the present agreement/terms and conditions between the Parties, together with the Particular Conditions accepted by the Employer/Operator, setting out the terms and conditions under which MyMove and said Employer/Operator shall collaborate to enable the use of their Fleet through the Application.
the mobility mobile application called MyMove, developed, maintained and managed by MyMove, which aims at offering to Users/Qualifying employees a tool allowing them to book and use vehicles of a Fleet at their own costs or at their Employer’s costs.
a day (other than a Saturday or Sunday) when banks are open for normal business in Belgium.
any trip made by a Qualifying employee for business reasons.
the effective date of this Agreement that is the date on which the Employer/Operator has given its consent on the application thereof.
the person giving its consent to this Agreement when no Operator is involved and wishing to enter into a partnership with MyMove as to enable (some of) its staff members or employees, the Qualifying employees, to use the Application and the Fleet, at its expense.
vehicles owned and insured by the Employer/Operator accepting these Terms and Conditions and equipped with a technology developed by MyMove to make them part of the Fleet, as further detailed in the Particular Conditions.
Event of Force Majeure:
an unforeseen event, which occurs after the Effective Date and which is beyond the reasonable control of the affected Party, to the extent such an event prevents or delays the affected Party from fulfilling its obligations under this Agreement and the affected Party is not the direct or indirect cause of such an event and is unable to prevent or remove such an event at reasonable cost.
the fleet of shared vehicles provided by the Operator/Employer (Equipped vehicles) or provided by MyMove to them (Rented vehicles), as further detailed in the Particular Conditions.
all information, data, reports, intellectual property, know-how, process and trade secrets, in whatever form, provided by or on behalf of one Party to the other Party or information of one Party otherwise received by the other Party under or in connection with the Agreement, including the information relating to the Party and its businesses, operations, finances, planning, facilities, products, techniques and processes. For example but without limitation, the Information may include inventions, products, processes, technical methods, formulas, projects, developments, plans, research data, financial data, personal data, software, client listings, suppliers listings and any other data relating to clients or the knowledge of existence of clients or the prospects of the concerned Party (and its affiliated companies in the case of MyMove).
Intellectual Property Rights:
patents, utility models, designs (whether or not capable of registration), chip topography rights, database rights and other like protection, copyrights, trademarks, trade names, trade dresses, trade secrets, inventions and/or any other industrial and/or intellectual property rights, and applications, divisions, continuations, renewals, re-exams and reissues thereof.
the monthly budget allocated by the Employer to each Qualifying employee which can be used to book vehicles of a Fleet on the Application and which can correspond to the budget allocated to a Qualifying employee on another platform (for example the “Mbrella platform”, also developed by Lab Box) and/or to a mobility budget as defined by the law of 17 March 2019 regarding the introduction of a mobility budget, it being understood that MyMove does not interfere with, is not affected by and does not bear any responsibility in relation with, the relationship between an Employer and its employees regarding the determination of each personal mobility budget, its terms and conditions, and its compliance with the law and in particular tax and social legislation in relation with the mobility budget. As such and where applicable, the Employer is the sole responsible to ensure that its Qualifying employees are entitled to a mobility budget under the terms of the law of 17 March 2019 regarding the introduction of a mobility budget as the case may be.
a car dealer, garage owner, rental cars company or any other company giving its consent to this Agreement when no Employer is involved and wishing to enter into a partnership with MyMove as to enable Users to use the Application and the Fleet it developed (in particular Equipped vehicles), at the User’s own expense.
any other condition discussed and accepted between the Parties in relation to the particularities of each situation (including but not limited to the quotation prepared by MyMove and accepted by the Employer/Operator and any emails that contains, among others, the details of their agreement in relation to the composition of the Fleet, the pricing, the duration, etc.).
MyMove and the Employer/Operator that has accepted these Terms and Conditions, including the Particular Conditions.
any trip made by a Qualifying employee for personal reasons and any trip between their residence and their place of work.
any natural person linked to the Employer by an in force and not terminated employment contract who has been selected by the Employer, whose identity and driving license have been verified by the Employer, who has accepted My Move terms and conditions and who has accepted to be a part of the project described in this Agreement. Each Qualifying employee benefits from a MyMove Budget pursuant to an agreement entered into by said employee and the Employer as sole and only parties.
vehicles being rented by the Employer/Operator from MyMove and being part of the Fleet, as further detailed in the Particular Conditions.
any natural person registered in the Operator’s Fleet by means of self registration through the Application, whose identity and driving license have been verified by MyMove, who has accepted MyMove terms and conditions and who has accepted to be a part of the project described in this Agreement.
3.1.1. MyMove shall give access to the Application to the Users/Qualifying employees, it being understood that each User/Qualifying employee shall have access to all or part of a Fleet through the Application.
3.1.2. Each User/Qualifying employee can use any vehicle of the Fleet it has access to, at any time during the duration of this Agreement, subject to availability of the vehicle.
3.2.1. All Users must register with MyMove to be able to use the Application and the Fleet.
3.2.3. Any registration by a new User shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed by said User.
3.2.4. All Users wishing to use the Application shall be requested to accept MyMove’s terms and conditions upon first use of the Application.
3.3. Registration, accounts and MyMove Budgets of Qualifying employees
3.3.1. Each Qualifying employee shall be registered upon the Application directly by MyMove, on the basis of the personal data provided directly by the Qualifying employees or by their Employer pursuant to the mobility policy of said Employer and under its responsibility.
3.3.2. Upon said registration, each Qualifying employee shall be able to use any vehicle of the Fleet of their Employer, at any time during the duration of this Agreement, subject to availability, and pay such use with their MyMove Budget, it being understood that MyMove is not responsible for the amount of the MyMove Budget, that is decided solely by the Employer and the use thereof by the Qualifying employee.
3.3.3. Any registration by a new Qualifying employee shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed.
3.3.4. All Qualifying employees wishing to use the Application shall be requested to accept MyMove’s terms and conditions upon first use of the Application.
3.4.1 The fleet of shared vehicles available for booking to the Users/Qualifying employees on the Application (the “Fleet”) is composed of various vehicles, some being rented by the Employer/Operator from MyMove (the “Rented vehicles”) and some being owned by the Employer/Operator and equipped with a technology developed by MyMove to make them part of the Fleet (the “Equipped vehicles”). All vehicles being part of the Fleet are listed in the Particular Conditions. The vehicles of the Fleet can only be used by Users/Qualifying employees, except when stated otherwise in the Particular Conditions.
3.4.2. Each Party remains responsible for insuring its vehicles as required by the application legislation (the Employer/Operator for the Equipped vehicles and MyMove for the Rented vehicles), it being understood that the Employer/Operator shall be responsible for the usage of any vehicle of the Fleet and for any damage relating thereto, including the payment of any sum and that the Employer/Operator expressly undertakes to fully indemnify and hold harmless MyMove for any and all damages, losses and costs arising from the usage of any vehicle of the Fleet by any User/Qualifying employee.
3.4.3. Reservation, locking and unlocking of vehicles of the Fleet happens directly on the Application.
3.4.4. To enable a User/Qualifying employee to end a Trip with a vehicle of the Fleet, said vehicle shall be parked in the zone defined together by the Parties in the Particular Conditions.
3.4.5. Each Party can request a modification of the composition of the Fleet. Both Parties undertake to negotiate in good faith to implement such modification within three (3) weeks should it be materially possible and to explain the reasons of the impossibility to access the request, as the case may be.
3.4.6. The booking rates of a vehicle of the Fleet are suggested by MyMove and determined solely by the Employer/Operator who can later request a modification of said rates to MyMove. Both Parties undertake to negotiate in good faith to implement such modification within three (3) Business Days should it be materially possible, it being understood that said modification shall be explained by the Employer/Operator to the Users/Qualifying employees. MyMove shall explain the reasons of the impossibility to access the modification request, as the case may be.
3.4.7. The Employer/Operator can request MyMove to perform additional fleet maintenance services (such as carwash, technical maintenance, ...) upon payment of specific fees negotiated between the Parties.
3.5. For Qualifying employees only: Business Trips and Personal Trips
3.5.1. Two types of trips can be realised by Qualifying employees: Business Trips or Personal Trips.
3.5.2. A Qualifying employee must, before each booking of a vehicle of the Fleet, specify on the Application whether the concerned trip is a Business Trip or a Personal Trip subject to the following conditions:
(i) Personal Trips shall be booked on the MyMove Budget of the concerned Qualifying employee;
(ii) Business Trips shall not be booked on the MyMove Budget of the concerned Qualifying employee.
3.5.3. The Employer acknowledges that the declaration of each Qualifying employee on the qualification of the trip (Business Trip or Personal Trip) on the Application cannot be verified by MyMove and that MyMove shall bear no liability whatsoever in this respect, nor shall it constitute a reason for the Employer to denying payment as referred to in Article 6.
Each Party is operating, and will continue to operate, on its own behalf, in its own name, with its own trade name, for its own account and at its own risks and nothing in the Agreement is intended or shall be construed to authorize either Party to create or assume any liability or indebtedness of any kind in the name of or on behalf of the other Party or to act for or be responsible for the performance of the other Party in any manner whatsoever.
7.1. Without prejudice to Article 9, neither Party shall disclose to third parties and/or use any received Information, including pieces of Information received prior to the Effective Date – whether or not it was governed by a previously entered into specific non-disclosure agreement - without the prior written permission of the other Party, except to its affiliates, subcontractors, suppliers, agents and advisors working on the execution of the Agreement on a need to know basis, provided that such third parties are bound by confidentiality obligations similar to those contained in the Agreement.
7.2. Each Party shall only use any Information whatsoever for the strict purpose of executing its obligations under this Agreement.
7.3. Information (as defined) shall not, however, include information which the Party can establish:
7.4. A Party shall have the right to disclose Information of the other Party in accordance with a judicial or other governmental order but shall inform the other Party prior to it.
7.5. Each Party shall use appropriate efforts no less restrictive than used for the Party’s protection of its own confidential and trade secret information, but, in any event no less than reasonable efforts, to safeguard the Information of the other Party and keep it secure.
7.6. Each Party shall return or destroy upon written request of the Party owning the Information all material embodying Information of the other Party that is subject to confidentiality obligations under the Agreement, including all copies of any kind. However, the Party receiving request may retain such Information that is required by mandatory laws or to perform its obligations under the Agreement subject to all confidentiality obligations herein.
7.7. This Article shall survive the end of this Agreement for a period of five (5) years.
9.1. All right, title and interest in and to all Information and to all Intellectual Property Rights, whether or not specifically recognized or protected under applicable law, shall worldwide and in perpetuity vest in and be the sole and exclusive property of the Party owning it on the Effective Date and of the Party creating it after the Effective Date, as the case may be.
9.2. Under no circumstances shall the Agreement involve a transfer of Intellectual Property Rights between the Parties. Any Intellectual Property Right announced or created during the duration of the Agreement shall remain the sole ownership of the Party responsible for the creation thereof.
9.3. Each Party can use the trademark(s), trade name(s) and logos of the other Party for marketing and communication purposes relating to the Agreement, provided that said use is not able to harm in any way whatsoever the image and commercial reputation of the other Party or the Application and can, in its own name and on its own behalf, make publicity on, press release of and reference to the existence of the Agreement and the nature of the cooperation between the Parties. Said use and communications can be realised without a prior written approval of the other Party to the extent it is done without disclosure of the details regarding the Agreement or the execution thereof and without impair public order and morals and the commercial reputation of the other Party.
9.4. Each Party can request the other Party to stop any use or communication that is, in its reasonable opinion, contrary to the abovementioned.
10.1. Both Parties expressly acknowledge that, in connection with the use of the Application and any other service or agreement related thereto, MyMove might not be in a position to directly solve some potential problems that would arise during the course of the Agreement (e.g. technical problems, issues with the Equipped vehicles, etc.). Both Parties therefore expressly agree that MyMove’s liability, as the case may be, should be analysed and assessed on the basis of its means of action.
10.2. Each Party shall defend, indemnify and hold the other Party and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) which arise from any wrongful execution or breach of the Agreement.
10.3. Neither Party shall under any circumstances be liable for any indirect damages, expenses, costs or other losses incurred by the other Party or its affiliate(s) arising under or in connection with the Agreement.
10.4. MyMove shall not be liable for any Event of Force Majeure or any technical problem that might arise and the consequences thereof. Furthermore, MyMove shall in no case whatsoever be liable for any damages, expenses, costs or other losses resulting from the actions or omissions of third parties involved in the execution of this Agreement.
10.5. The Employer/Operator undertakes to hold MyMove and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees) which arise from the actions or omissions of its Users/Qualifying employees, including the overspending of any Qualifying employee using more than their MyMove Budget over any given period.
10.6. The liability of each Party under the Agreement shall in any event be limited to the maximum amount between (i) the amount provided by the applicable insurance to cover the liabilities, damages, losses, costs and expenses in such case or (ii) 5% of the yearly Agreement value per incident causing damage to the other Party.
10.7. The limitation of liability provided in this Article shall not apply to breaches of Article 7, to the liability mentioned in Article 10.5 or in cases of intentional misconduct or gross negligence by the defaulting Party, committed in relation with the performance of this Agreement.
11.1. Without prejudice to Article 11.2, this Agreement shall become effective on the Effective Date and shall remain in force for the period provided in the Particular Conditions or, if no such period is provided in said Particular Conditions, for a period of twelve (12) months starting on the Effective Date.
11.2. This Agreement shall be renewed automatically for succeeding terms equal to the term specified in Article 11.1 and under the same conditions unless either Party gives written notice to the other Party at least forty-five (45) days prior to the anniversary date of the Effective Date.
11.3. This Agreement may be terminated with immediate effect by written notice by the non-defaulting Party, without incurring any liability and without prejudice to the right of indemnification of the non-defaulting Party, in the event that (i) the other Party commits a material breach and fails to remedy such breach within ten (10) Business Days after having been given written notice in respect thereof; or (ii) the other Party is declared bankrupt, is dissolved, or goes or is put into liquidation (otherwise than solely for the purpose of amalgamation or reconstruction) or if a receiver is appointed over any part of such other Party’s business or if any event occurs which under the laws of any jurisdiction has a similar or analogous effect to any of the above events; or (iii) as otherwise set forth in this Agreement.
11.4. Termination of this Agreement shall be without prejudice to the rights and obligations of the Parties which have accrued up to the date of termination.
12.1. Entire Agreement and general terms and conditions
The Agreement forms the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior communications, written or oral, between the Parties, including without limitation any prior non-disclosure agreement between the Parties.
All amendments and modifications to the Agreement shall be made by a written document signed by both Parties.
Any notice in connection with this Agreement must be in writing and shall be validly given with respect to each Party if sent by registered mail or by an internationally recognised courier company, shall be effective upon receipt and shall be deemed to have been received upon delivery (or on the first business day following the date of sending (mentioned on the receipt) if sent by registered mail).
If one or several provisions of the Agreement shall be held to be void, illegal, or unenforceable, this nullity, illegality or unenforceability shall not affect the validity, the legality or the enforceability of the other provisions, except if the provisions held to be void, illegal or unenforceable affected the object of the Agreement. Each Party shall negotiate diligently and in good faith a valid provision replacing the void, illegal or unenforceable provision.
The default or the delay of a Party to avail itself of a right or a faculty given by the Agreement or a breach of the other Party cannot, in any case, be considered as or have the effect of a definitive waiver of that Party to avail itself of that right or that breach subsequently.
12.5. Applicable law and disputes
The Agreement shall be governed by and construed in accordance with the laws of Belgium.
Every dispute related to the conclusion, the validity, the interpretation or the performance of the Agreement, or of contracts or subsequent transactions that might result from it, as well as any other dispute concerning, or related to, the Agreement, with no exception, will be submitted to the exclusive jurisdiction of the courts of Brussels.