PIKAWAY TERMS AND CONDITIONS
PIKAWAY TERMS AND CONDITIONS
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Lab Box (via xxxxxxx@xxxxxxxxxx.xxx) 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 Lab Box (via xxxxxxx@xxxxxxxxxx.xxx) 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: 06/09/2018
BY ACCESSING OR USING PIKAWAY APPLICATION OR PIKAWAY WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF XXXXXXX’X AGREEMENT AS SET FORTH BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR THE APPLICATION.
These terms and conditions can be accessed on our Website as well as on the menu of the Application and can be easily downloaded in a PDF format from the Website.
These terms and conditions are applicable from 4 September 2018 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 on the Application, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Lab Box. However, by accepting the application of Lab Box’s 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.
Subject Matter
LAB BOX SA/NV, having its registered office at xxx xx Xxxx/Xxxxxxxxxxx 00, 0000 Xxxxxxxx, Xxxxxxx and registered with the Crossroads Bank for Enterprises (Brussels), with company
number 0680.845.473 (hereinafter referred to as "Lab Box") has developed an application, called Pikaway, for the offering of routine, booking and payment for all types of mobility solutions (the “Application”). Lab Box will enable Users to search the best route for their travels and to book and pay for all types of mobility solutions (train, bus, taxi, bikes, etc.) they might need for the selected route, as provided in the terms and conditions of this Agreement. Users may use the Services only in accordance with the terms and conditions of this Agreement.
1. Definitions
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 created on the Application by the User upon subscription to the Application, containing Personal Data;
• “Agreement” means the agreement between the User and Lab Box for the use of the Application, the Website and the Services, including those terms and conditions;
• “Application” means the mobile application called Pikaway, managed by Lab Box, which enables Users to receive the Services from Lab Box and to route, book and pay for all types of mobility solutions offered on this application subject to the terms and conditions of this Agreement;
• “Personal Data” means all information provided by a User to or collected by Lab Box during the User’s use of the Application and during the Services provided by Lab Box as set out in Pikaway’s Privacy & Cookie Policy;
• “Lab Box” means Lab Box SA/NV, a company offering mobility sharing solutions, having its registered office at xxx xx Xxxx/Xxxxxxxxxxx 00, 0000 Xxxxxxxx, Xxxxxxx and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473;
• “Privacy & Cookie Policy” is Lab Box’s current Pikaway’s Privacy and Cookie Policy
which is available xxxx://xxx.xxxxxxxxxx.xxx/;
• “Service(s)” means the services provided by Lab Box or by any third party through the Application and/or the Website to enable Users to route, book, order and pay for all types of mobility solutions in accordance with the terms and conditions of this Agreement;
• “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;
• “Website” means xxxx://xxx.xxxxxxxxxx.xxx/.
2. Subscription by a User
1. The Application shall be made available to Users upon subscription to the Application. Upon subscription, the User must at least provide their phone number. Other information might be requested by Lab Box and/or a third-party provider, as applicable, to enable the User to book a travel or to enable Lab Box to make the Application and Services available to the User, such as the name, the date of birth, the email address or work and domicile addresses.
2. The User may be able to access the Application with an account they create with a third- party provider or, vice-versa, they may be able to access another application with their Pikaway account. These terms and conditions apply in both cases without prejudice to the application of other terms and conditions from the third-party provider.
3. The User acknowledges that its 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 its Account to third parties. The User must keep their Account details secure and must not share them with anyone else. The User shall immediately warn Lab Box in case a third party uses its Account following the stealing of its phone, a hacking or any other problem.
4. The User acknowledges and agrees that Lab Box 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; and
• to determine, in its sole discretion, whether or not to approve a User, subject to the eligibility criteria, whether initially or on an ongoing basis during the existence of this Agreement, subject to any other terms and conditions of this Agreement.
3. Use of Services
1. Access to and Use of Content. You may use the Application and/or the Website to browse, locate, view and pay transportation for your travels. 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 the Application. The mobility services offered on the Application may vary. The User expressly acknowledges that Lab Box is in no way whatsoever responsible for such variations.
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, the data registered on the Application and/or the Website form the proof of the purchase of any transportation ticket or any booking 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
The User undertakes:
• not to use the Website and/or the Application (including the User account) for illegal purposes or purposes that may damage the rights (including intellectual property rights) or interests of Lab Box or any third parties, and in particular not to use the Website and/or the Application to distribute trade secrets, 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 (including the user account), or to access Lab Box’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 for commercial purposes (“screen scraping”) and the User acknowledges that screen scraping of the Application is forbidden;
• comply with these terms and conditions and the applicable terms and conditions of the service providers that provides the mobility services that such User uses.
In the event that the User should fail to comply with their obligations, Lab Box reserves the right to prohibit and immediately block access to the Website and/or the Application (including its Account), to prohibit access to its network without repayment of any tickets bought or any open balance and will take out proceedings for the payment of compensation.
6. Personal Data, privacy and use of geolocation data
Lab Box considers the protection of Personal Data and privacy of the User extremely important. Lab Box wishes to inform the User and give the User control about what happens with their Personal Data. The Personal Data of the User are protected by Lab Box in accordance with Pikaway’s Privacy and Cookie Policy, which is available on xxxx://xxx.xxxxxxxxxx.xxx/ as well as on the menu of the Application, and in accordance with applicable Belgian and European legislation on privacy and data protection. Xxxxxxx’x Privacy Policy describes how Lab Box collects, uses, communicates, discloses and protects your Personal Data and which cookies Lab Box uses and for which purposes. Not only the User’s rights are described therein, but also how the User can exercise them.
7. Purchases and Payments
1. The transportation tickets or booking prices are indicated on the Application and on the Website by selecting such tickets. Those prices may vary depending on their use or on the purchase moment. All prices and potential variations will be clearly indicated before the purchase of the concerned ticket(s).
2. 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.
3. Payments are made by bank card (Visa; Mastercard; Bancontact; Paypal, as the case may be) at the time of the purchase on the Application and/or on the Website.
4. Payments may be subject to the terms and conditions of the applicable third party payment provider. In case of any payment problems, the User can contact Lab Box which shall provide the necessary support as detailed in provision 14 hereinabove.
5. Any costs which could not be generated automatically from the User’s credit card (irrespective the reason for such failure), shall be payable by the User to Lab Box within thirty (30) days after the invoice date.
6. The User is responsible to pay all amounts due. In the event of late payments, Lab Box shall be entitled to charge a late payment interest and to deactivate or suspend the Account or to terminate the Agreement, at its discretion. Lab Box shall handle all potential refunds, cancellations, returns and chargebacks when applicable.
7. This Article will survive termination of this Agreement.
8. Liability
This Article will survive termination of this Agreement.
8.1. Lab Box Liability
1. Lab Box shall only be liable to the User for damages or losses directly resulting from Lab Box’s breach of the terms and conditions of this Agreement. Lab Box’s total liability shall in no event exceed two thousand five hundred (2,500) EUR and Lab Box shall in no event be liable for any damages or losses incurred or sustained by or imposed upon Lab Box 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 this Agreement.
2. Lab Box 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 this Agreement, the Website, the Application or any Services provided by Lab Box, even if Lab Box was advised of the possibility of such damages or if such possibility was reasonable foreseeable.
3. Nothing in this Agreement shall exclude or restrict the liability of Lab Box for:
• death or bodily injury caused by its negligence or its wilful misconduct; or
• fraud.
4. Lab Box shall in no event be liable for any delay or failure to perform any of its obligations under this Agreement (excluding monetary obligations) 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.
5. Any exclusion or limitation set forth herein shall apply to the maximum extent permitted by applicable law.
8.2. User Liability
1. The User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with the terms and conditions of this Agreement.
2. The User expressly undertakes to fully indemnify and hold harmless Lab Box for any and all damages, losses and costs arising out of:
a. 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;
b. the User’s non-compliance with this Agreement, or its negligence, gross negligence and wilful misconduct.
3. The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs arising out this Agreement and any incident relating to its performance.
4. The use of any automated system or software to extract data from the Application or the Website, including scraper bots, is strictly prohibited. Lab Box reserves the right to take such action as it deems necessary to enforce this prohibition, including legal action, without prior formal notice.
9. Disclaimer of warranties
Lab Box 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 Lab Box 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 Lab Box) 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 noninfringement.
10. Links to third-party websites or services and application of their terms and conditions
1. Our Service may contain links to third-party websites or services that are not owned or controlled by Lab Box.
Lab Box has no control over, assumes no responsibility for it, does not warranty the content, privacy policies or practices of any third party web sites or services. The User further acknowledges and agrees that Lab Box 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 web sites or services.
2. The User expressly agrees that the terms and conditions of the mobility provider that provides them with a transportation service through the Application apply to the use of that transportation service (duration, liability, use, etc.). As such, the following terms and conditions are applicable when the services provided by that service provider are used by a User:
- De Lijn terms and conditions;
- NMBS/SNCB terms and conditions;
- Poppy terms and conditions.
Those terms and conditions can also be found on the respective websites of the service providers.
11. Intellectual Property Rights
The Website, The Application (in object code and source code form), underlying models and algorithms of the Application and of the Website, the Lab Box brand and logo, the Pikaway brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of Lab Box and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to this Agreement, 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, Lab Box 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 in such modifications and derivatives to Lab Box at no cost to the latter.
The User agrees: (1) not to remove any intellectual property notices in the Application and 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 “Lab Box” and the brand “Pikaway”.
Lab Box cannot be held responsible for any abusive or fraudulent use of its name, its logo, Lab Box brand, Pikaway brand or their addresses.
12. Termination
1. Either party may terminate this Agreement upon one (1) day notice via Lab Box’s Customer Support or via xxxxxxx@xxxxxxxxxx.xxx.
2. Lab Box 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 Lab Box’s Customer Support or via xxxxxxx@xxxxxxxxxx.xxx if one of the following events occur, or if Lab Box 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 or
• in general, the User does not comply with the terms and conditions of this Agreement, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise.
3. 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.
13. General provisions and jurisdiction
1. The User accepts that Lab Box shall have the right to notify the User per pop-up of any changes to the present Agreement to which the User subscribed. The User cannot continue using the Application, the Website and Services following the effective date of a change without prior acceptance of such change. The User shall at all times (in case of non-agreement) be entitled to terminate the Agreement upon one (1) day notice in accordance with Article 12.1 of this Agreement.
3. If any provision in this Agreement 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.
4. The mere fact that Lab Box does not invoke, at any given time, one provision of this Agreement cannot be interpreted as a waiver to use and invoke that provision.
5. This Agreement is governed by and construed in accordance with Belgian law and the Parties submit to the exclusive jurisdiction of the courts of Xxxxxxxx.
00. Questions
1. If you have any further questions about the terms and conditions of our Agreement or their implementation or if you need support with the use of the Application, please contact Lab Box by email at xxxxxxx@xxxxxxxxxx.xxx.
2. Lab Box will answer your questions or complaints relating to this Agreement, the use of the Application, the purchase of tickets (including their payment) or the booking of services.
3. 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 in busses or trains traffic, in case of a strike, in case of a problem with a bike, if your bike is stolen or broken, if you have an accident, etc.).
Date of last revision: 06/09/2018