Moving Lives

Terms of Use

Terms of Use

Moving Lives is a unique digital community platform based around physical movement that connects individuals, companies and non-profit organisations. Moving Lives was created by BV MOVING LIVES (company number 0736.717.968, registered office at 3090 Overijse, Brusselsesteenweg 60). We are happy to answer any of your questions and/or remarks about Moving Lives. You can always contact us using the contact form on the website or via info@movinglives.be. Any feedback you can give us from your user experience is very valuable to Moving Lives.

1. Why these Terms of Use?

The use of the Moving Lives Platform is accompanied by a number of rights and obligations. What is understood by Moving Lives-Platform is the web application and any apps (further described together as the "Platform") that Moving Lives offers. You are a "User" as soon as you access your user profile and every time you use the Platform. By using it, you expressly acknowledge and accept that our Terms of Use (hereinafter referred to as "Terms") apply at all times and in an exclusive manner. We may deviate from these Terms and Conditions in exceptional cases, insofar as these deviations have been accepted by all parties and laid down in writing. These deviations shall only replace or supplement the clauses to which they relate and they do not affect the application of all other provisions of these Terms and Conditions. You are a "Sponsor" if you do not create a User Profile, but are invited by a User to financially support a campaign initiated by the User. See "Article 7. Payments" for more information on the payment methods.

2. Access and Usage

Each User is granted a limited right of access, use and presentation in respect of the Platform and its content (in short: Right of Use). The actual scope of the Right of Use varies according to the capacity of the User. A User can be a natural person as well as a legal entity. If the User is a legal entity, we always ask that the User designates one or more administrators. The Right of Use is granted in the form of a limited, revocable, non-exclusive and non-transferable licence. This licence does not entitle the User to sell, republish, redistribute, transfer or license the Platform, the underlying database or its content. The Right of Use also includes the right to add content to the Platform. In order to ensure this content is properly presented, the User grants Moving Lives a perpetual, free, transferable licence to use, reproduce, process and communicate this content to third parties to the extent necessary to provide the services of our Platform. This licence applies to all types of intellectual property rights involved, as discussed in detail in "Article 9. Intellectual Property". Access can only be gained to our Platform after a User Profile has been created using our registration procedure. The User must provide a correct, true, current and complete picture when using the registration process. This obligation applies when the User Profile is created, but we also ask that any changes to your data be modified in accordance with this provision. It is, and shall remain, the sole responsibility of the User to correct or remove outdated information (or to have it corrected or removed). Each User Profile is strictly individual and personal. You cannot transfer the User Profile to third parties without the express consent of Moving Lives. The User is exclusively responsible for all actions taken under the User Profile and they must also ensure the confidentiality of certain data linked to the User Profile, including the login details. Any breach of confidentiality must be reported to Moving Lives so that the necessary measures can be taken. Moving Lives does not actively monitor those User Profiles that have been created, but does reserve the right to take all appropriate measures in instances where this is required. See "Article 6. Termination of Right of Use" for more information about possible actions we might take. By registering, the User agrees that we may collect, store and use the information provided to us for the proper operation of the platform. You can of course rest assured that we value your privacy and the confidentiality of your data. You can find our extensive Privacy Policy on our website.

3. Restrictions on the Right of Use

The right of use is limited in the sense that such usage may not conflict with our Terms and Conditions, applicable law, the rights of third parties, or generally accepted principles regarding the Internet. The following actions are therefore absolutely forbidden: • The User is prohibited from using software programs aimed at collecting and obtaining data. This includes spiders, crawlers, keyloggers, robots and similar software; please note, however, that this list is not exhaustive. • It is not permitted to launch certain processes or software programs that the User may reasonably suspect might cause direct or indirect damage or inconvenience to other users. • It is not permitted to use the Platform and its data for spamming, chain letters, junk mail and/or similar actions. • It is not permitted to stalk other Users or Sponsors and/or convince them of political and/or religious beliefs. • It is not, of course, permitted to access the User Profiles of other Users in an unauthorised manner. • It is not permitted to use a third-party identity and/or third-party data during registration and/or registration. This also includes logging in via a computer that acts as an open proxy. Users can add content to the Platform. We absolutely will not tolerate any content that includes or relates to any of the following: • Any form of content that may be considered inappropriate and/or illegal. Any content that is illegal, unlawful, harmful, deceptive, threatening, abusive, excessively obscene, offensive, racist and/or generally contrary to public order and morality shall be considered inappropriate. This content need not necessarily conflict with applicable law or the rights of third parties in order for it to be deemed inappropriate. • The distribution of content that may cause damage to other Users or Sponsors of the Platform. This includes a ban on the distribution of malicious software such as computer viruses, malware, worms, trojans and cancelbots. • Content that violates the intellectual and portrait rights of other Users, Sponsors and/or third parties.

4. Smooth operation, safety and accessibility of the Platform

We make every effort to ensure maximum levels of user-friendliness and security for each User and Sponsor. We take all reasonable measures necessary to ensure the proper functioning, safety and accessibility of our Platform. These measures are of a technical, non-technical and organisational nature. However, we cannot provide you with an absolute guarantee in this respect. The commitment we make in this regard is a best-efforts commitment. Any use of the Platform is at your own risk. This means that we will not be liable for any damage resulting from failures, interruptions, harmful elements or defects of the Platform, irrespective of the existence of force majeure or an external cause. We offer our Platform and related services on an 'as is' and 'as available' basis, without any implicit or explicit guarantee. We have the right to restrict and/or interrupt access to our Platform in whole or in part at any time, even without prior warning. The content on the Platform is added by us as well as by our Users, Sponsors and authorised third parties, whether automated processes are used for this or not. The Platform therefore contains User Generated Content (UGC). We take the greatest care to ensure that the information we post on the Platform is complete, correct, up-to-date and accurate, but we cannot give any absolute guarantees as to the quality and quantity of the information on our Platform and are therefore not liable for (direct or indirect) damages suffered by the User and/or Sponsor as a result of the information on the Platform. The User and any authorised third party placing content on the Platform (UGC) is solely responsible for their actions. Under no circumstances can we be held liable for the UGC content or any resulting damage therefrom.

5. Downloads and Links

Our Platform allows Users to invite third parties to support a campaign or to become a User themselves by downloading or sharing links (collectively "Downloads"). It is the responsibility of the User to take all measures to ensure safe internet use, such as installing antivirus software. We are not liable for any damage caused by these downloads and the further use of that data. The content of our Platform may contain a link, hyperlink or framed link to third party websites or other forms of electronic portals. A link does not automatically mean that there is a link between us and the third-party website, nor that we (implicitly) agree with the content of these websites. We have no control over these third-party websites and are not responsible for the safe and correct operation of the link or its final destination. As soon as you click on the link you are leaving our Platform and you can no longer hold us liable for any damages. In principle, the User is free to place a link, framed link or hyperlink to our Platform, but we reserve the right to request this is removed at any time without having to provide an adequate reason.

6. End of the Right of Use

The right of use is granted for an indefinite period of time; this period of time is determined by the underlying relationships between Moving Lives and the User. The User may terminate his Right of Use at any time and without further action by deleting his User Profile. Such discontinuation does not imply the automatic deletion of the underlying data of the User Profile. More information can be found in our Privacy Policy. Moving Lives reserves the right to take all reasonable and appropriate measures should the User violate the Terms of Use and the obligations known to it, applicable law, the rights of third parties or generally accepted rules of conduct on the Internet. Moving Lives retains a wide margin of choice regarding the taking of sanctioning and remedial measures and the scope of such measures; it also has the option to put in place a temporary and/or permanent suspension of the right of use, as well as the removal of a User Profile. This shall be without prior warning and/or notification should the situation so require it.

7. Payments and tax certificates

Payments made by Users, Sponsors or third parties in the context of a campaign are all made via the payment module organised by a third party. Amounts collected for the benefit of the non-profit organisations chosen by the User shall be transferred by the third party organiser to the selected non-profit organisations. Please note that your donations will not be transferred in full to the selected non-profit organisation. The difference between the amount of the donations and the amount of money that goes to the charity includes VAT, financial transaction costs and a small margin for Moving Lives as a company (general 'operating costs'). Moving Lives does not issue tax certificates. Fiscal certificates can only be drawn up by those organisations that are recognised and authorised by the Minister of Finance to receive donations so that donors can benefit from a reduction in tax, subject to compliance with certain legal conditions. Should the amount realised by the client via a campaign, after deduction of the operating costs, for the benefit of a charity reach a minimum amount that can be charged over a calendar year, the client will be able to benefit from a tax deduction in accordance with the legislation in force.. Tax certificates must be issued to the client by the charities themselves at the beginning of the calendar year following the year in which the donation was made. Moving Lives can at no time be held liable for a missing tax certificate or for the failure of a charity to provide a tax certificate.

8. Liability and Indemnity

Moving Lives is only liable for any significant, or repeated minor, contractual and/or non-contractual failure attributable to it. This liability is limited to the direct damage resulting from the shortcomings or failure. Moving Lives shall under no circumstances be liable for any form of indirect damage as a result of its shortcomings. Indirect damage shall in any case include any form of consequential damage, loss of profits, financial or commercial losses, increase in overheads, increased personnel costs, damage due to loss of clients and/or opportunities. This enumeration is purely indicative and certainly not exhaustive. Moving Lives is not liable for any form of loss and/or damage in respect of the User, Sponsor or a third party insofar as Moving Lives has acted in accordance with the Terms of Use and Privacy Policy. Moving Lives also expressly excludes any liability as a result of the conduct of its Users, Sponsors, third parties and others on and/or outside of the Platform. If, due to a contractual or non-contractual shortcoming attributable to the User, the User jeopardises the liability of Moving Lives and/or causes damage, loss and costs (including legal assistance costs) on the part of Moving Lives, the User must take all necessary measures to indemnify Moving Lives against these adverse consequences.

9. Intellectual property

The Platform itself, the content of the Platform and all underlying systems are protected by copyright, trademark law, software law, database law, graphic and design law and other applicable (intellectual) property rights. The technical nature of our Platform itself is protected by copyright, software law and database law. Any name we use on our Platform is also protected by applicable trade name or trademark law. Any User who adds content to our Platform is responsible for any associated Intellectual Property Rights. The User undertakes that their actions do not in any way infringe the intellectual property rights of any other party. Should the User commit a violation of intellectual property rights, these can under no circumstances be attributed to Moving Lives. Any consequences in fact or in law are therefore entirely for account of the User. We again request your cooperation in reporting any intellectual property violations to us so that we can take appropriate action.

10. Final provisions

We reserve the right to change, extend, limit or discontinue our Platform and related services at any time. Invoking this right does not require prior notice to be given to the User, nor does it give rise to any compensation. Should the operation or validity of one or more of the above provisions of these Terms and Conditions be compromised, this shall not affect the validity of the remaining provisions of this contract. In such a case, we have the right to amend the provision in question to ensure it is a valid provision with similar effect. Moving Lives retains a degree of freedom in enforcing the provisions of the Terms and Conditions. Should the decision be taken to not yet enforce certain provisions, this will not imply a waiver of the right, and these provision(s) can always be enforced at a later stage. These Terms and Conditions shall be exclusively governed and interpreted in accordance with Belgian law. In the event of any dispute concerning the implementation of this agreement, the parties are expected to make every effort to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to a competent court. Disputes shall fall within the jurisdiction of the courts of the district of Brussels.

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