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.
BY ACCESSING OR USING AUDI ON DEMAND APPLICATION (POWERED BY MYMOVE) OR MYMOVE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE THAT YOU ARE ENTERING INTO A CONTRACT WITH LAB BOX SA/NV AND THAT YOU UNDERSTAND AND AGREE WITH THE PRESENT TERMS AND CONDITIONS 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, on Audi.be, as well as on the menu of the Application. These Terms and conditions are applicable from 21 April 2021 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.
Lab Box SA/NV,rue du Belvédère/Belvederestraat 291050 Brussels, Belgium0680.845.473 (RLE Brussels)(hereinafter referred to as "MyMove")
MyMove has developed a mobile application together with D’Ieteren Automotive SA/NV (Division Audi Import), called ‘Audi On Demand (powered by MyMove)’ (the “Application”), to enable users (“Users”) to reserve, book and lock/unlock vehicles of a fleet made available by an operator (each an “Operator”), the usage of which vehicles shall be paid by any concerned User through their own payment method via the Application.
Each User expressly acknowledges and agrees that they are entering into a contract with MyMove (Lab Box SA/NV) and not with D’Ieteren Automotive SA/NV, any Audi company or any Audi car dealer pursuant to these Terms and Conditions and in relation to their subject matter (use of the Application, reservation, booking, locking and unlocking of vehicles through the Application).Users may use these 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 the User upon registration on the Application;“Application” means the mobile application called Audi On Demand (powered by MyMove), managed by MyMove, which enables Users to use the Services provided by 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 Belvédère/Belvederestraat 29, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473 (RLE Brussels);“Operator” means a person that possesses a fleet of vehicles and wishes to make them available for use by the Users through the Application, it being understood that in some cases, MyMove shall act as the Operator and therefore shall be the only contact point for the Users;
“Organisation” refers to the closed group of Users who are registered and entitled to use the fleet put available for sharing by an Operator. Users must be part of an Organisation to be able to use the vehicles of the fleet made available by a specific Operator. Users can be part of multiple Organisations;
2. Subscription by a User
1. The Application and the Services thereon 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 the Application, must contain all data necessary to enable MyMove to create a User account such as the name, phone number, email address of the User, a valid proof of their identity or the details of their payment method. Should a User wish to drive a car of a fleet, a valid driving license is also necessary. The registration form is specific to one Organisation only, meaning that a User wishing to register to several Organisations must fill in several forms.
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 User of the same Organisation. 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 (for example a copy of a renewed driving license); and to 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
3.1. General principles
a. Access to and use of content and services. A User may use the Application and/or the Website to browse, locate, reserve and pay transportation and vehicles of a fleet of an Organisation they are part of directly on the Application. Each User accepts that the mobility services offered on the Application, especially through third parties, 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.
To use the Application and/or the Website, a User will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.b. Third-Party Fees. Each User is responsible for any access or data fees incurred from third parties (such as their Internet provider or mobile carrier) in connection with their use of the Services.c. 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 to use the Application and/or the Website. By agreeing to these Terms and Conditions and using the Application and/or the Website, a User agrees to receive such updates automatically.d. 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.e. SMS. A User might receive a SMS message to be able to use the Application. Standard rates will apply.f. Operators’ terms and conditions or Employer’s terms and conditions. Each Operator may have its specific terms and conditions applicable to the use of the Services for the fleet of said Operator. The User expressly accepts the application of said terms and conditions, available on the Operator website or made directly available to the Users upon registration to the Operator’s Organisation.
3.2. Use of the vehicles
a. Authorised drivers. Only a User that has a valid driving license for a minimum period of 12 months can use the Services. Users must be minimum 21 years old. Every User that drives a vehicle thanks to the Services expressly confirms that they will respect all applicable legislations doing so (e.g. not drive under the influence of alcohol, drugs, medicines or other substances that might reduce the ability to drive, respect any instructions of police officers, operate the vehicle with reasonable care and skills) and that they will keep the vehicle in a good state of maintenance and in the state they received the vehicle at the start of the rental period.
b. Rental period and according fees. Vehicles can be rented for a maximum period of 30 days. Upon reservation, the User must specify the desired duration of the rental period (upon availability, said duration can be extended by a User in the Application).
The fees due by a User for the Services shall depend on the following:(i) the exact duration of the rental period of a vehicle, starting at the precise date and time selected in the Application by the User (or, upon unlocking of the vehicle, whichever happens first) and ending upon the locking of the vehicle (that must be safely and legally parked in the zone designated in the Application) and the express confirmation of the User on the Application that they wish to end their rental period (‘pay-per-use system’); (ii) the moment of the rental period (weekend, busy hour, etc.);(iii) the fuel used (in case of use of the fuel that is already filled in the car without filling it again at the same exact level - other fuel costs are always at the charge of the User);(iv) the driven kilometers.
An estimate of the fees will always be displayed in the Application before the User confirms its reservation of a vehicle. The final calculation can only be made at the end of the rental period, based on the various criteria named above.
If the User is not the owner of the building in which the vehicle is stored, even if only occasionally, or if they cease to be the owner during the rental period, they shall be obliged, prior to the use of the rented premises, to inform the owner of this building by registered letter that the vehicle is not their property and is being rented out. The User shall do the same in the event of transfer or pledge of their business. The User must prove to MyMove that they have fulfilled this obligation; failing this, the User shall be liable for any resulting damage to MyMove or any other third party. If a third party should assert rights to the vehicle, the User shall be obliged to inform MyMove immediately and to initiate at their own expense any procedure to preserve the rights of MyMove.
c. Damages to a vehicle. Prior to unlocking a vehicle, the User shall perform a vehicle inspection based on the checklist made available in the Application, by conducting an exterior walk-around and visual inspection of Vehicle exterior for damage. In case of any damage to the Vehicle (other than already indicated in the Application) the User must promptly notify MyMove of any such damage through the Application. After accessing the vehicle, the User should also perform an interior look-over and report any damage, soils or missing fuel to MyMove through the same approach. If the User fails to report any damage or defect or fuel missing, that could easily be noticed after starting the engine, and was not immediately reported after starting the engine, such damage or defect will be attributed to said User (who may however submit valid proof they are not responsible). The User will also be responsible for any damage they cause to the vehicle (see article 8 below) and they must immediately notify and report any such damage to MyMove through the Application.
d. Start and end zone. Each rental period shall start and end in the zone designated in the Application. A User will not be able to terminate their rental period if the rented vehicle is not properly parked within said zone. At the end of each rental period, the User is obliged to lock the vehicle and leave it in a proper state (e.g. all windows being closed, the lights being switched off, all documents being in the car, the interior being clean).
e. Recharging or refuelling. The User will monitor the remaining driving range and the sufficiency of the fuel level or electric charge of the vehicle they use and must ensure that the remaining driving range never falls below ten (10) kilometres. Vehicles will in principle be provided with a full tank, and should be brought back with a full tank as well. In the case the fuel level upon check-out is not at full, the User starting a rental period must promptly notify MyMove through the Application and provide a picture showing the actual fuel level.
f. Prohibitions. The User expressly acknowledges and agrees to be prohibited to:· use a vehicle for commercial purposes such as providing courier, transport and delivery services or to commit criminal or immoral acts;· use a vehicle outside of Belgium without prior notice to the Operator; . use a vehicle in any boarding areas of ports, stations and airports used for international traffic;· rent a vehicle out, or allow a third party to use it;· carry dangerous, flammable, toxic or other hazardous substances or objects prohibited by law;· transport objects, which due to their form, size or weight might impair safe driving or may cause damage;· drive in cargo loading areas of ports, stations and airports;· carry more passengers than there are seatbelts in the vehicle;· allow infants and small children to be carried without complying to the law;· transport animals (except in an enclosed cage in the trunk);· soil or damage the vehicle;· eat or drink such food or beverage that may spill in the vehicle;· smoke or use electric cigarettes within the vehicle or allow passengers to do so;· remove any items or equipment attached to the vehicle;· carry out or allow to be carried out any repairs or modifications;· tow trailers, vehicles or other objects;· overload the vehicle;· drive while using a mobile communication device that may distract the driver;· drive under influence of any alcohol, drugs or medications;· use the vehicle for motor sports, speed trials, speeding contests, driving of racing circuits or racing ;· use the vehicle to participate in a bet or challenge;· use the vehicle for tests, driver training or off-road driving;· jump-start other vehicles; and· in general, violate any applicable law when using the Services or the Vehicle.
g. Fines or other costs. The User is responsible for all parking charges, penalties, fines or other costs (including costs of re-parking or towing the vehicle, for example if the User failed to properly refuel a vehicle) in relation to its use of a vehicle or the non respect of these Terms and Conditions. In case of fines or other costs, the User will be charged for the total amount of the fines or other costs as well as an administrative charge of 30 euros.
h. Accidents / material damages / theft. In the event of loss or material damage to the vehicle or any accessory (including the key of the vehicle) or (attempted) theft of the vehicle or of any accessory (including the key of the vehicle), the last User that did use the vehicle shall be considered as responsible and MyMove reserves the right, depending on the circumstances, to claim from said last User a lump-sum as franchise for compensation for the damage suffered, without prejudice of the right of MyMove to claim full compensation for all costs and damage suffered.
Said lump-sum shall depend on the rented vehicle: Audi A1 : 750 EURAudi Q2 / Audi A3 : 1150 EURAudi Q3 / Audi A4 / Audi A5 : 1500 EURAudi Q5 / Audi A6 : 1750 EURAudi Q7 : 2500 EURAudi e-tron : 2750 EUR.
In the event of any (attempted) theft of the vehicle or of any accessory (including the key of the vehicle), loss or material damages to a vehicle or any accessory (including the key of the vehicle) or an accident involving a vehicle, or if damage or injury is caused to any person or property arising from the use of the vehicle, the User must: - immediately contact MyMove Customer Services through the in-app chat and follow the instructions on how to deal with the situation and co-operate;- notify the police if necessary, but in any event if a third party is injured or third party property is damaged or in case of theft;- remain at the scene of the incident until MyMove or the police give further instructions;- refrain from any admission of liability to other parties or fault;- obtain contact details of other parties (including witnesses); and- complete and return an accident report within two (2) Business Days by email to MyMove at firstname.lastname@example.org.
In case the accident is covered by the insurance of the Operator, MyMove will contact the User to further detail the process to be followed. The User undertakes to provide any information or documents necessary.
4. Absence of User right of withdrawal
By virtue of article VI.53, 12° and 13° of the Economic Law Code (“Code de droit économique”/ “Wetboek van economisch recht”), the 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 Services, 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, the Operator 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 (including the ones of the Operator of the Organisations they are part of) and all applicable laws and regulations;comply with the legislation in place to use the Services (including, as the case may be, detaining a valid driving license);that they have full authority and legal capacity to agree to these Terms and Conditions and that they have 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 Services, 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 or any damages whatsoever.6. Personal Data, privacy and use of geolocation data
2. The prices of the usage of any vehicle of any Organisation’s fleet are defined directly by the Operator, meaning that MyMove does not choose the prices of the Services accessible on the Application if MyMove is not the Operator (usage of the Organisation’s fleet). Those prices may vary depending on their use or on the purchase moment and only the Operators or other service providers are responsible therefor.
3. We only accept payments by credit card (VISA, MasterCard). Prepaid cards are excluded. Upon confirmation of a booking, a pre-authorisation will be requested covering a lump-sum of 350 EUR (in cases of fines, damages to the vehicles or other costs) and a sum equal to the estimated fees for the usage of the vehicle for the rental period selected by the User. Said amount shall be unblocked approximately ten (10) days after the end of the rental period and payment of all due amounts by the User.
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, lockdown, 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• fraud.
Any exclusion or limitation set forth herein in favour of MyMove 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 and the Operator for any and all damages, losses and costs arising out of: (i) 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; (ii) any damage to a vehicle that happened during their rental period, (iii) 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.
9. Disclaimer of warranties
MyMove and the Operators do 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 and/or an Operator may remove the Services or any vehicle of a fleet 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.
10. Links to third-party websites or services and application of their terms and conditionsThe 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.
11. 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 addresses.
1. Users may terminate its use of the Services at all times upon a notice period of fifteen (15) days.
2. MyMove may terminate the provision of the Services at all times, without notice period and any Operator may terminate the rendering available of its fleet through the Application upon a notice period agreed upon between MyMove and said Operator.
3. MyMove shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate, terminate or suspend an Account 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 or, in 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, termination or suspension of their Account, 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 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 these Terms and Conditions 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.
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 Operator or MyMove (by email at email@example.com).2. For questions or complaints directly related to the services performed by 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 vehicle, if there is a strike, if you have an accident, etc.).
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