Terms and Conditions
The services of the named ("App") are offered by ECOTERIAN BV (further referred to as Ecoterian) located at Pastoor Evrardlaan 44 with VAT number BE 0769.331.150.
These ("General Terms and Conditions") apply to the use of the Ecoterian App, all other information and services are offered through the Ecoterian App.
shall be understood to mean:
"App": application program for a smartphone, tablet or computer;
"General Terms and Conditions": The General Terms and Conditions relating to the downloading and use of the Ecoterian App and services made available;
"Premium Account": A type of account that allows the user to access more extensive services on the App, this according to a subscription formula that requires an annual or monthly payment as described under section 5;
"User": The natural or legal person who has downloaded and uses the Ecoterian App.
1.2. The Terms and Conditions may be amended by Ecoterian, unilaterally, at any time. The User will be informed of these changes. By continuing to use the App, the User agrees to these changes.
2. Registration and account
2.1. The User can create an account by following the instructions mentioned by the App.
(i) The User is asked to provide a valid email address;
(ii) The User will receive a ("verification code") via specified email address;
(iii) The User may provide this verification code to further log into the account.
(iv) The User chooses a name and password for the account.
2.2. The User undertakes to use only correct, complete and current information about himself and must guarantee its accuracy.
2.3. Only after registering an account can the User fully use the App.
3. Intellectual Property Rights
3.1. All intellectual property rights relating to (i) the App and (ii) the services, including those relating to the software, texts, images and sounds belong to Ecoterian;
3.2. Any display, reproduction, adaptation, partial or full exploitation of the App or services offered without the express permission of Ecoterian is strictly prohibited;
3.3. The User agrees not to make any changes or modifications to the App or services, nor to ("reverse engineer") or decompile or otherwise disassemble any part of the App or services.
4.1. Ecoterian is only liable for intentional damage/costs or damage/costs directly resulting from deliberate recklessness;
4.2. Ecoterian excludes costs/damage caused by (defects in) the App it provides;
4.3. Ecoterian excludes responsibility or liability for malfunctions to/in and/or errors of/in or relating to the Internet or the application, the cable (or any other relevant) network, software or hardware as well as for any incorrect input and/or processing of data.
5. Premium account
5.1. The user has the option to upgrade to a ("Premium Account");
5.2 The upgrade to a premium account requires a monthly or annual payment of (...) Euro;
5.3. With a Premium account, the user has access to services that a user without a premium account does not have;
5.4. If you do not cancel your subscription to the Services during the Free Trial Period, you will be enrolled for a monthly subscription to the Service upon expiration of the Free Trial Period. If you have provided us with the necessary details, you will be charged the Fees applicable to the monthly subscription for the Service in force at the time upon expiration of the Free Trial Period and without further notice.
5.5. You may cancel your subscription to the Services during the Free Trial Period at any time.
5.6. Unless otherwise stipulated, payment is made by bank transfer or online payment. If the price to be paid cannot be deducted from the user's account (insufficient balance, wrong account number, technical problems, etc.) the sale will be deemed not to have taken place.
6. Termination of use
6.1. The User is entitled to terminate the use of the App at any time.
6.2 In case of premature termination of a Premium Account, the residual value will be charged at once.
7. Applicable law
7.1 These terms and conditions shall be governed by and construed in accordance with Belgian law.