TERMS FOR PLATFORM USE

1. PERSON RESPONSIBLE FOR THE PLATFORM

Edenred Belgium SA (hereinafter referred to as «Edenred»)
Represented by its CEO: Olivier BOUQUET
Boulevard du Souverain 165 boîte 9, 1160 Bruxelles
BCE/TVA : BE 0407.034.269, RPM Bruxelles
Contact: https://user.engagement.edenred.be/hc/en-us/requests/new
Telephone: 02/678.28.11

2. GENERAL

2.1. Edenred provides various internet platforms and mobile applications and their related services (hereinafter separately or collectively referred to as «Platform»), under a variety of names, including Edenred Discounts, Edenred Savings, Edenred Engagement, Ekidesk, Mijnbedrijfskorting, Reductions-Societes, etc., allowing the consumer, i.e. any natural person who is acting for purposes that are outside their trade, business, craft or profession (hereinafter referred to as «User») to consult the content relating to hobbies, well-being, work-life balance, etc., as well as a selection of discount vouchers, promotions or other benefits, in digital «form(hereinafter referred to as «Products»), on the goods and/or services offered by the retailers. As the case may be, these Products are offered for direct sale by the retailers, or, certain Products, indicated clearly as such, are sold directly by Edenred, via the Platform.
2.2. By visiting, consulting or otherwise using the Platform, the User accepts these terms of use and all other provisions relating to use of the Platform. Continued compliance with the general terms and conditions by the User is a necessary condition for the use of the Platform and for the performance of any service by Edenred for the benefit of the User.
2.3. Edenred reserves the right to modify the present general terms and conditions of use. The User must regularly consult the published version of these general terms and conditions of use. By continuing to use the Platform, the User confirms his agreement with these provisions, terms and communications.

3. PERSONAL ACCOUNTS

3.1. For services requiring the User to open a personal account (hereinafter referred to as «Account»), the User shall complete the indicated registration process by communicating details that are up to date, correct, complete and accurate.
3.2. Use of the Platform by minors is prohibited. The User declares that they are at least 18 years old and endorses all responsibility for the use of their Account by minors in accessing the Platform.
3.3. The Account and personal access information (e.g. password) shall remain strictly personal and shall be reserved for private and non-commercial use. Under no circumstances shall the User sell, rent or otherwise give access to his Account or personal access information to third parties and must prevent any unauthorised access to or use of the Platform and the Account, including any associated passwords or login details. The User must ensure that information relating to the Account, including any associated passwords or login details, (i) is not disclosed to third parties, (ii) is known only to the Account holder and (iii) is used only in accordance with the terms and conditions. The User undertakes to change his/her password at regular intervals.
The User agrees to inform Edenred immediately of any fraudulent use of their Account, whether contrary to the general terms and conditions or the law, and of any incident relating to data security. The User will make all reasonable efforts to put an end to such a violation immediately. The User may be held responsible for damage incurred by Edenred or another party resulting from the use of its Account or personal access information or any use or activity on the User’s account.
3.4. The User is solely responsible for (i) the accuracy, quality, integrity, legality, reliability and compliance with the rights of third parties of all data that he sends to Edenred, (ii) the confidentiality of his personalised access information (passwords are stored encrypted, Edenred therefore does not have access to passwords) and (iii) the use of and all activities that take place on his Account.

4. RIGHTS GRANTED TO THE USER

Unless otherwise stated, Edenred grants the User a non-exclusive, non-transferable and limited right of access to use and view the Platform and the data it contains for personal and non-commercial use in accordance with the provisions of these terms and conditions of use.
The general terms and conditions do not grant the User any rights other than those expressly granted herein. All rights relating to the Platform, to the service provided via the Platform and to the results of the service which are not expressly granted to the User hereunder are reserved by Edenred.

5. USE OF THE PLATFORM

5.1. The Products purchased on the Platform are for personal and private use only. The resale or any other use for commercial or profitable purposes of the Products purchased on the Platform is not allowed.
5.2. The User shall not use the Platform for illicit purposes or in any other way prohibited by law or unauthorised in accordance with the present terms of use. The User shall ensure not to use the Platform in a way that may cause damage, disruption, an overload or the violation of the Platform (or the networks connected to any Edenred service), nor to impair the use or enjoyment of the Platform by other users.
5.3. The User shall not be permitted to modify, copy, distribute, publish, send, show, use, reproduce, or award licences, reverse engineer, nor transfer or sell the content available on the Platform. These elements relate in particular to, but are not limited to, brands, texts, software, databases, forms, commercial denominations, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, layouts, page layouts and any other protected element on the Platform.

6. RIGHTS AND OBLIGATIONS OF EDENRED

6.1. Edenred only has an obligation of means with regard to access, content and operation of the Platform. Edenred does not guarantee the continuous or error-free operation of the Platform. All data placed on the Platform is scanned for the presence of viruses known at the time and regularly checked for the presence of viruses known at the time. However, Edenred cannot guarantee that the operation of the Platform will be free from damage, corruption, attacks, viruses or manipulation, particularly given the risks inherent in using the Internet.
6.2. Edenred reserves the right to modify the content of the Platform at any time, including the provisions, conditions and communications found on the Platform. Edenred also reserves the right to refuse, suspend, interrupt, limit or terminate the right to use the Platform, in whole or in part, in particular in the event of a breach by the User of these terms and conditions or of the law or in the event of reasonable suspicion of such a breach.
6.3. Edenred may not be held liable and may terminate or suspend access to the Platform to the extent that access is made impossible or unreasonably more onerous by an event beyond its control, such events including, but not limited to, computer viruses, system breakdowns and technical failures as well as faults in the IT infrastructure that may occur at Edenred, intrusion by unauthorised persons, total or partial interruption of the means of communication, natural disasters, pandemics, fires and any other event qualified as force majeure in accordance with the applicable law.
6.4. Edenred makes every effort to ensure that the information made available on the Platform is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information is (un)available on or via the Platform, Edenred will do its utmost to rectify this as soon as possible. If the User discovers inaccuracies in the information made available via the Platform, they may contact the administrator of the Platform.
6.5. Edenred is not responsible for the network and telecommunications connections between the Platform and the User’s devices or network. The User must ensure that its network, transfer protocols, message structures and any other system used in connection with the Platform comply with the specifications required to use and access the Platform. Edenred shall not be liable for any loss or damage due to events such as delays and communication failures related to the aforementioned connections.

7. THIRD-PARTY SITES

7.1. The Platform may contain links to the websites of third parties, in particular retailers offering their products or services on the Platform, or referring to them indirectly. Edenred expressly declares that it has no control over the content or other characteristics of these sites. These hyperlinks do not imply approval of the content of the sites to which they refer and Edenred is in no way responsible (i) for the content published these sites (ii) for the effective performance of these sites, (iii) for the quality and conformity of the services and/or goods offered and/or sold on these sites, (iv) for the definition of their own rules relating to consignments, returns, guarantees and other subjects applicable to the purchase of their services and/or goods or (v) compliance with legal provisions, in particular with regard to consumer protection.
7.2. The purchase of a service or goods from the site of a retailer, via the redirection to this site, is a transaction conducted entirely between the User and the retailer, and all questions or disputes concerning the websites or services or goods shown or bought from a retailer must be directed to the retailer concerned.

8. PRIVACY

8.1. When creating an Account, the User provides personal data (hereinafter referred to as "Data") to Edenred, the Data Controller, which processes it as part of the performance of services linked to the Platform. Edenred processes the Data in accordance with its privacy policy and in accordance with the applicable laws and regulations.
8.2. The User may exercise its rights at any time; the procedures for doing so are available in the privacy policy. For any complaints, questions or requests concerning the processing of Data, the User may contact the Data Protection Officer at the following address: dpo.belgium@edenred.com.
8.3. Edenred uses cookies. All information relating to this activity is available in the cookie policy.

9. LIABILITY

9.1. Edenred shall not be held responsible by the User (i) for delays or disruptions on the Platform caused by suppliers or other third parties, (ii) except for the User’s personal data, for the deletion or loss of information on the Platform, (iii) if the Platform is unavailable, (iv) except where the Product is sold directly by Edenred, if certain Products are not applied or accepted by retailers, (v) if certain goods or services purchased using the Products by the User from the retailers are unsuitable, defective or unsatisfactory in whatever way unless the Product is sold directly by Edenred and an express warranty has been granted in this respect by Edenred (vi) for defects, delays, losses of any kind due to fraud, hacking or any other kind of illegal intrusion in the communication system or the Edenred Platform by third parties.
9.2. The User agrees to indemnify Edenred and its representatives in the event of any damage suffered by Edenred as a result of the misuse of the Platform by the User, the breach by the User of these conditions of use or other offences committed by the User in relation to the Platform, even if unintentionally. In particular, this compensation will cover the costs, damage, loss, liability and expenses arising from the conduct referred to above, including any claims made by a third party against Edenred on this account.
9.3. Neither the User nor Edenred shall have any responsibility towards the other for any form of specific, indirect or consequential damage, including, but not limited to the loss of revenue, loss of profit, loss of goodwill or reputation, loss of data, or communication or messages sent, received or stored via the Platform, or losses related to complete or incomplete transactions, except in the event of gross negligence, wilful misconduct or fraud.
9.4. Edenred’s liability towards the User is in any event limited to the amount equal to the price of the Product which gives rise to the damage.

10. INTELLECTUAL PROPERTY

The right granted to use the Platform does not otherwise affect Edenred’s intellectual property. Edenred (or the group to which it belongs) is and remains the exclusive owner of all intellectual property rights underlying or incorporated in, included in or used in (any element of) the Platform including, but not limited to, all components of the Platform, such as visual and sound elements, technology and source codes used, information, logos, icons, digital downloads, calculations, plans, software, images, trademarks, models, slogans, graphic charters, advertisements, images, user interfaces, audio and video files, editorial content and scripts contained on the Platform.

11. MISCELLANEOUS

11.1. All provisions in these general terms and conditions declared invalid, illegal or inapplicable shall not in any way affect the validity, legality or application of other provisions. The fact of not exercising or applying at any time the rights stipulated in these general terms and conditions shall not constitute a renunciation of these rights and shall not affect the existence and validity of these rights.
11.2. In the event that the present terms of use are not respected, Edenred reserves the right, without prior notice, to prohibit or suspend a User’s access to the Platform.
11.3. The User accepts that communication and digital backups can be used as evidence.
11.4. Belgian law applies, with the exception of the provisions of private international law concerning applicable law. The courts of Brussels shall have jurisdiction in the event of any dispute.

E-COMMERCE TERMS AND CONDITIONS OF SALE (only applicable in the case of direct sales by Edenred via the Platform)

1. MERCHANT

2. FIELD OF APPLICATION

Edenred provides various internet platforms and mobile applications (hereinafter separately or collectively referred to as «Platform»), under a variety of names, including Edenred Discounts, Edenred Savings, Edenred Engagement, Ekidesk, Mijnbedrijfskorting, Reductions-Societes, etc., allowing the consumer, i.e. any natural person who is acting for purposes that are outside their trade, business, craft or profession (hereinafter referred to as «Buyer») to purchase discount vouchers, promotions or other benefits, in digital form (hereinafter referred to as «Product») on the goods and/or services offered by the retailers.
These general terms and conditions (hereinafter "General Terms and Conditions") only apply in the case, expressly indicated, where the Product is sold directly by Edenred via the Platform.

3. FORMATION OF THE CONTRACT

3.1. When a Product is ordered by the Buyer on the Platform, a purchase-sale contract (hereinafter referred to as "Contract") is concluded between Edenred and the Buyer. The Contract will come to an end as soon as the contractual obligations of each party, the Buyer (payment of the price) and Edenred (delivery of the Product ordered), have been fulfilled.
3.2. These General Terms and Conditions form an integral part of and apply to each Contract entered into via the Platform. By placing an order via the Platform, the Buyer explicitly accepts these General Terms and Conditions, to the exclusion of any other conditions.
3.3. Edenred reserves the right to modify the conditions of the General Terms and Conditions. The amended General Terms and Conditions will apply to Contracts entered into after the date of amendment. The Buyer shall regularly consult the updated version of the General Terms and Conditions prior to entering into a Contract. By entering into the Contract, the Buyer agrees on the updated version of the General Terms and Conditions.

4. OFFERS AND PUBLICATIONS

4.1. Despite the great care taken in creating the online catalogue of available Products on the Platform, it is still possible that the information provided is incomplete, contains material errors or is not updated. In terms of the accuracy and completeness of the information provided, Edenred shall only be held to a best-efforts obligation. Edenred shall have no responsibility whatsoever for material errors, composition or printing.
4.2. Edenred ensures that the Platform informs the Buyer of the essential characteristics of the Product (on the Product page) such as its validity period or, if this is limited, the availability of the goods or services of the merchants to which the Product refers. For information relating to the other characteristics of the Product, Edenred is only bound by an obligations of means. For any other question, the Buyer may contact Edenred, which will inform him/her as far as possible.
If there is a validity period listed on the Product page/Product, it is the Buyer's responsibility to ensure that the Product is used before it expires. There is no refund for expired Products.
4.3. The order shall remain valid until the stock is exhausted and can be adjusted or withdrawn by Edenred at any time. Edenred shall not be held responsible for a Product being unavailable.
4.4. Our promotions are only applicable if the conditions described in the offer (Product page and current General Conditions) are met. If the Buyer makes a purchase without using our Product, he cannot use it retroactively.

5. RIGHT OF WITHDRAWAL

The Buyer acknowledges that he/she does not have a right of withdrawal due to the nature of the Product, in accordance with the Code of Economic Law.
However, Edenred does provide for a right of withdrawal in certain cases (where it is the owner of the Product). This right can only be exercised if it is specifically provided for in the special conditions relating to the Product (on the Product page) and if a tick box is provided for this purpose on the Product page. Furthermore, this right may only be exercised if the following two conditions are met (cumulatively): (1) the Product has never been opened by the Buyer and (2) the right of withdrawal is exercised within 30 days of the purchase of the Product.
In all other cases, no right of withdrawal is granted to the Buyer.

6. ORDERING

6.1. Every Product order shall be made on the Platform.
6.2. Edenred shall be entitled to refuse an order due to the lack of payment, a serious breach by the Buyer relating to orders placed or any other form of illicit or detrimental behaviour on the Platform or for any other justifiable reason (e.g. out of stock situation, etc.).

7. PRICE AND PAYMENT

7.1. All prices indicated for the Products are expressed in EURO, and include VAT and any other taxes or duties payable by the Buyer. The price also includes delivery costs in Belgium.
7.2. The price of the Products is valid at the current rate appearing on the Platform at the time the Buyer validates the order.
7.3. The obligation to pay the price exists as soon as the Buyer confirms the order on the Platform.
7.4. Each order implies an obligation to pay the counterparty by means of an electronic funds transfer.

8. DELIVERY

8.1. Products shall be delivered by Edenred to the email address or mobile phone number, at the latest within 4 working hours (office hours) after payment and receipt of the price by Edenred and confirmation of the order.
8.2. The risk of loss or damage of the Product shall be transferred to the Buyer from the moment of the delivery or the moment the Product is sent to the email address or on the mobile phone number given by the Buyer.
8.3. Delivered Products remain the exclusive property of Edenred until full payment has been made.

9. WARRANTY

9.1. Edenred guarantees that the Products comply (i) with the provisions of the Agreement, (ii) with the normal requirements of usability, reliability and lifespan in accordance with the information given at the time of entering into the Agreement and (iii) with the legal standards applicable to the Products. Edenred guarantees that the Goods will be free from defects. Unless explicitly stated in the offer, Edenred does not guarantee that the Products are suitable for a specific use.
9.2. Defects must be announced to Edenred as soon as possible, and at the latest within 2 months of their detection, by registered letter, via the Platform or by email. Defects discovered after the period of validity of the Product cannot be reimbursed.
9.3. The warranty does not apply to defects resulting from accidents, force majeure, negligence, improper use of Products, failure to respect usage instructions, Products that have been adjusted or modified, poorly maintained or any other abnormal or incorrect usage.
9.4. In the event of a defect in the Product, (where Edenred is responsible for the defect), Edenred will refund the Product.
9.5. Promotions granted by Edenred are exclusive in the sense that they are reserved for our Buyers. Edenred does not guarantee to offer the most advantageous promotions. Should the Buyer find a more advantageous promotion elsewhere, Edenred will not intervene.

10. CUSTOMER SERVICE AND COMPLAINTS

Edenred's customer service may be contacted here. Complaints may also be sent here and/or to the consumer mediation service on contact@consumentenombudsdienst.be.

11. MISCELLANEOUS

11.1. All provisions in these General Terms and Conditions declared invalid, illegal or inapplicable shall not in any way affect the validity, legality or application of other provisions. The fact of not exercising or applying at any time the rights stipulated in these General Terms and Conditions shall not constitute a renunciation of these rights and shall not affect the existence and validity of these rights.
11.2. Edenred or the Buyer may not be held liable for the non-performance of all or part of their obligations under the Contract if and insofar as such performance is made impossible or unreasonably onerous by an event beyond their control, such as, in particular, computer viruses, system failures, delivery interruptions, pandemics, natural disasters, fires, or by any other event qualified as force majeure in accordance with applicable law. If Edenred or the Buyer are prevented from performing their obligations by an event of force majeure, they will inform the other party as soon as reasonably possible.
11.3. Unless such a waiver has been expressly made in writing, the fact that Edenred or the Buyer does not invoke or exercise a right under the Contract will not be considered as a waiver of the exercise of this right in the future. If Edenred or the Buyer has waived the right to rely on any breach by the other party under this clause, such waiver shall never be construed as a waiver of any other right under the Contract, nor as a re-waiver of such right in respect of any other breach, even if the two breaches are similar or identical.
11.4. The Buyer accepts that communication and digital backups can be used as evidence.
11.5. Belgian law applies, with the exception of the provisions of private international law concerning applicable law. The courts of Brussels shall have jurisdiction in the event of any dispute.