Terms of use

Introduction

These Terms and Conditions of Use constitute the contractual arrangements between the User and the Service Provider, Beyond Ordering.

By registering as a User via the registration page, the User expressly agrees to the present Terms of Use and undertakes to comply with them.

Article 1 : Definitions

  1. Ordering platform: "Wat Drink Je?" software developed by the Service Provider, with which the User can offer Customers products via a digital ordering platform and where the order can optionally be paid for via a Payment Provider.
  2. Payment Provider: an external company chosen by the Service Provider to process payment for the Transactions.
  3. Payment method: the way in which a Customer wishes to pay the User for the goods or services delivered or to be delivered.
  4. Content: the content of the website watdrinkje.be and the Ordering Platform
  5. Dashboard: a webpage which the Service Provider makes available to the User via an access code and in which the data recorded in the Environment concerning historical transactions can be viewed by the User, and where the User can also make changes to his Products, Sales Price or VAT code.
  6. Service Provider: the service provider known under the commercial name "Wat Drink Je?", with the company name "Beyond Ordering", with registered offices at Brusselsesteenweg 255 in 9090 Melle, Belgium, and registered with the Crossroads Bank for Enterprises under number 0760305893.
  7. Service: the provision by the Service Provider of the Ordering Platform and related services in accordance with one of the Service formulas.
  8. Error message: an error message which means that the Ordering Platform cannot be used in the manner referred to in these Terms and Conditions of Use.
  9. User: any legal entity, company or actual association that has registered on the Ordering Platform.
  10. Terms of Use: these Terms of Use including all attachments.
  11. User Fee: the fee charged by the Service Provider to the User for the use of the Ordering Platform and the Service.
  12. Customer: a person/visitor to the User who proceeds to purchase a Product via the Environment.
  13. Cost per Transaction: the cost that the User must pay per Transaction. The fee paid is only valid for orders placed through the Ordering Platform.
  14. Environment: the website watdrinkje.be and the Ordering Platform.
  15. Solution: a remedy or alternative way of working after the Service Provider has received and confirmed an Error Notification in such a way that the Ordering Platform delivers the functionality agreed with the User.
  16. Party/parties: the User and/or the Service Provider.
  17. Personal data: any data concerning an identified or identifiable natural person.
  18. Price List: the price list entered into the Ordering Platform containing all the Products which the User wishes to offer via the Ordering Module, at the Sales Price indicated by the User for those Products.
  19. Products: products offered by the User in the Environment to the Customer.
  20. Service formula(s): the different levels of service such as Here described.
  21. Failure: an unannounced interruption or unintended change in the operation of the Ordering Platform which results in the Ordering Platform not delivering the functionality agreed with the User.
  22. Sales price: price including VAT and all other possible governmental amounts charged to the Client by the User.
  23. Transaction: transaction between the Client and the User for an order placed via the Ordering Platform within the Environment.

Article 2: The service

The Service enables the User to accept orders from its Customers through the Ordering Platform in the Environment. The content of the Service depends on the selected Service formula such as Here described.

The Customer's order is submitted to the User via the Environment. Under no circumstances shall the Service Provider be liable for the Products purchased via the Environment. By placing an order in the Environment, the Customer directly enters into a contract with the User for the delivery of the Product selected by the Customer. The User acknowledges that he bears full and exclusive liability for his delivered Products.

The following elements do not form part of the Service: all systems and functionalities which the User or the Customer uses to log on to the Ordering Platform or to pass on an order, request, print out, pay, etc.

The Environment is provided "as is", without any warranty, express or implied, including, but not limited to, warranties of fitness for a particular purpose, warranty that the functionality contained in the Environment meets the requirements of the User or the Customer.

Article 3: Opening an account and the course of the registration as a User

Every potential User shall create an account before being able to offer and sell Products.

A potential User qualifies as a User if he meets the following cumulative conditions:

  • he/she must be registered, if required, in the Crossroads Bank for Enterprises;
  • he/she must have a VAT number, if required;
  • he/she must have a Belgian bank account number and must inform the Service Provider of this;
  • he/she must accept the Terms of Use; and
  • he/she must have an approved account.


If the potential User satisfies the above cumulative conditions, the Service Provider shall make a decision on whether to accept the registration as a User. The registration can be refused without giving reasons, even in the event that the potential User proves to have met the above-mentioned cumulative conditions.

The Service Provider may impose additional requirements in addition to those set out above.

After the aforementioned acceptance by the Service Provider, the User is entitled to offer Products in the Environment in accordance with these User Terms and Conditions.

The User is responsible for the use of the Ordering Platform and for the person(s) who gain access to the Dashboard.

The Service Provider is entitled to suspend the use of the account by the User at any time, including when the User has not fulfilled his payment obligation towards the Service Provider.

The User is responsible for the accuracy of the data in his account.

Article 4: Articles and prohibited activities

The User may only offer Products via the Ordering Platform in accordance with the applicable legal provisions for such Products. The User guarantees that the offered Products do not contain any libelous, defamatory, obscene, pornographic or blasphemous materials or expressions. Furthermore, the User also guarantees that he does not offer any Products that are prohibited, are prohibited for certain persons or (can) constitute a risk for the reputation of the Service Provider, such as medicines, illegal or stolen Products, games of chance, narcotics and food supplements. The Service Provider may amend this list and/or remove or add activities at any time. The User may not offer Products that violate the intellectual property rights of third parties.

If the Service Provider observes the sale of these prohibited Products, the Service Provider may proceed to immediately suspend or terminate the Service, without prior notice of default or judicial intervention.

Article 5: Customer relationship

If a Customer proceeds to purchase a Product offered by the User via the Ordering Platform, a direct sale is concluded between the User and the Customer.

The User expressly acknowledges that the Service Provider is not or will not be a party to this sale.

The User is responsible for the correct execution and compliance with the sale at its own expense and risk. The User shall indemnify the Service Provider against any liability claim made by a Customer against the Service Provider, as a result of or relating to the use of the Ordering Platform and/or the conclusion and/or performance of the sale.

The User is responsible for opening and closing the Ordering Platform.

The User is responsible for guiding the Customer to the correct order module associated with his business. This can be done by means of posting, downloadable on his Dashboard with or without QR code.

Article 6: Payments

The User pays the purchased credits to the Service Provider. The User will be able to view the status of the purchased credits.

Service Fees associated with certain Service Formulas are invoiced monthly by the Service Provider and expire 30 days after the invoice date.

For transactions carried out through a Payment Provider, the general terms and conditions of the Payment Provider are valid for these transactions.

The User is responsible for paying the agreed transaction fees to the Payment Provider. The Service Provider is not responsible for (technical) failures at the Payment Provider.

The selling price per Product offered by the User via the Ordering Platform shall be equal to the selling price stated by the User in its price list available in the catering establishment or at the event, or stated on the obligatory price lists in case of mobile sales. The User guarantees compliance with all legal provisions on price, pricing and price marking.

Article 7: Ordering platform and entering price list

The User is responsible for correctly completing the Price List in the Ordering Platform, unless otherwise agreed. If the Price List is uploaded or loaded by the Service Provider, the User undertakes to check it prior to use and to be familiar with it.

The User is responsible for the stock management of the Products offered.

The User must have the necessary infrastructure to log on via the Internet and to follow up and process the orders placed by the Customer via the Ordering Platform.

The Ordering Platform and the Service do not constitute a registered cash register system. It is the responsibility of the User to take the necessary measures to comply with the legal provisions regarding the registered POS system.

Article 8: Voucher system

The User may (or may allow third parties to) make available to certain Customers a certain amount for the purchase of Products via the Environment and the Service Provider shall provide the possibility thereof via the Environment by means of a specifically created QR code and webpage.

It is the responsibility of the User (or third party with whom the User cooperates) to share the information relating to the QR code and the specific webpage with the Customer. The Service Provider does not bear any responsibility or liability for the way in which the User manages the vouchers created, the way in which the QR code concerned and the specific webpage are shared with the Customer, nor for the way in which the Customer uses them.

Article 9: Security and measures against fraud and improper use

The Service Provider is entitled to terminate the agreement with the User, discontinue the provision of Services and block the Ordering Platform in the event of (suspected) fraud or improper use or if there are indications of fraud or improper use and/or situations that require further investigation. The User will be notified of this by email or by telephone, unless such notification is not considered desirable in the context of the investigation. The Service Provider is not liable for any damage suffered as a result.

The Service Provider may offer or suggest security procedures and measures with a view to reducing fraud and improper use. These procedures and measures may include processes or systems developed by the Service Provider or by third parties, including but not limited to the introduction of so-called authentication for logging on to the Dashboard. The User agrees to assess these procedures and measures and to choose what is appropriate for its activities in order to protect the User against unauthorised transactions and, if necessary, to use additional procedures and systems not provided by the Service Provider.

Article 10: Use of Content and Confidentiality

The User only acquires the non-exclusive non-transferable right to use the Content during the duration of the Service, in accordance with these User Terms and Conditions and exclusively for the purpose of sale through the Environment. In doing so, the User shall immediately follow all data and instructions obtained from the Service Provider.

The User and the Service Provider are entitled to disclose or hand over confidential information of the other party to the competent authorities in cases where they are obliged to do so on the basis of applicable statutory regulations.

The Service Provider is entitled to provide information (including confidential information) to the Payment Provider, to an intermediary and/or to a financial institution and/or at the request of the latter in the event of (suspected) fraudulent use of the Environment.

Article 11: Support

It is the responsibility of the User to provide adequately equipped and sufficiently sound Customer support (first-line support) for the purchased Services in the context of its own service offering. In no event, unless otherwise agreed, does the Service Provider provide services directly to the Customers.

The Service Provider can be contacted by the User (second-line support) by e-mail or telephone in accordance with the applicable Service formula.

Article 12: Privacy statement and cookie policy

The Service Provider's Privacy Statement applies to the processing of Personal Data of Users and Customers using the Environment and is accepted by the User by entering into a Service.

The Service Provider is responsible for the processing of the Personal Data.

The Service Provider therefore complies with the General Data Protection Regulation with regard to the processing of Personal Data.

Acceptance of these Terms of Use implies that the User grants the Service Provider permission to process the User's Personal Data.

The privacy statement and cookie policy may Here be consulted.

Article 13 : Intellectual property rights

The Service Provider acquires the non-exclusive and non-transferable right to use and mention the trade name of the User in its communication and advertising as long as the User offers Products via the order module in the Environment.

The User acknowledges that all (intellectual property) rights relating to the Environment, the Content, the design, the texts, the images, the illustrations and all logos are and remain the property of the Service Provider and may not be used in any way by the User without the prior written consent of the Service Provider.

Article 14: Termination

The User may at any time terminate the Service by e-mail after full payment of all Service fees..

The Service Provider is at all times entitled to suspend or terminate the Service with immediate effect if there is any breach of these User Terms and Conditions.

The Service Provider is also entitled at any time, without giving reasons, to terminate the agreement and discontinue the provision of Services. The Service Provider owes no remuneration or compensation to the User.

Article 15: Liability

The User is fully responsible and liable for the use of the Ordering Platform.

The User fully indemnifies the Service Provider for all damage and/or costs of whatever nature arising from non-compliance with one or more obligations under these User Terms and Conditions.

In its activities under these User Terms and Conditions, the User undertakes to comply fully with all applicable regulations such as the regulations relating to the registered POS system and privacy regulations, including the General Data Protection Regulation and the Act on the Protection of Natural Persons with regard to the processing of Personal Data, and shall indemnify the Service Provider against all damage and/or costs.

Unless there is intent and/or gross negligence on the part of the Service Provider, the Service Provider is not liable in any way for damage and/or costs of any kind incurred by the User in connection with the use of the Ordering Platform, the Service, the Content and/or the Environment. Nor shall the Service Provider be liable for the damage and costs arising from: improper functioning of the ordering module, technical malfunction, incorrect content info etc.

Article 16: Miscellaneous

The User will never act as an agent or representative of the Service Provider and, in particular, will not make any promises or enter into any obligations for or on behalf of the Service Provider.

The User is not entitled to transfer the present Agreement or any rights arising from it to a third party, unless the Service Provider has given its prior written consent.

The Service Provider is at all times entitled to change these User Terms and Conditions and all attachments and references in these User Terms and Conditions. The amended User Terms and Conditions will take effect immediately from the moment they are posted in the Environment.

The User agrees that the Service Provider will inform the User at regular intervals by e-mail at the e-mail address known to the Service Provider about the use and possibilities of the Ordering Platform.

These Terms of Use and its annexes replace all previous agreements between the Parties, whether oral, written or tacit, and constitute the entire agreement between the Parties. Any modification must be the subject of a written agreement between the Parties.

Article 17: Applicable law and competent court

Any dispute relating to the application and/or interpretation of these Terms and Conditions of Use shall be governed exclusively by Belgian law. The Commercial Court of Ghent - Ghent Division has exclusive territorial jurisdiction to take cognisance of any dispute in this respect.

Version 1 June 2021