Legal information

Date of last revision: 15.07.2022‍

‍Diese Datenschutzrichtlinie ist, wie unsere allgemeinen Geschäftsbedingungen, in englischer Sprache verfasst. Wenn Sie kein Englisch verstehen, nehmen Sie bitte über hello@mymove.co Kontakt mit MyMove auf, bevor Sie die Anwendung unserer Geschäftsbedingungen akzeptieren, um eine deutsche Übersetzung oder Erklärung sowohl der Geschäftsbedingungen als auch dieser Datenschutzrichtlinie zu erhalten. Indem Sie der Geltung unserer Allgemeinen Geschäftsbedingungen zustimmen, erklären Sie, dass Sie die englische Sprache und damit auch den Inhalt dieser Datenschutzrichtlinie verstehen.
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MyMove SRL is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”).
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‍Data controller
Your personal data are handled by:
MyMove SRL (hereafter: “MyMove”)Rue du Belvédère/Belvederestraat 29 - 1050 Ixelles/Elsene. Enterprise number: BE 0776.513.011 (RLE Brussel. To contact us: hello@mymove.co. To have access to our policies: https://www.mymove.co (the “Website”) or on the menu of MyMove mobile application (the “Application”).
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1. Scope of application
As used in this privacy policy (the “Policy”), the terms "using" and "processing" of Personal Data (as defined below) include subjecting the personal information to statistical or other analysis and using or handling personal information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring as detailed in this Privacy.
MyMove ("we" or "us") provides this Policy to inform you of our procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Application and the services provided thereon or the Website (the “Users” or “you”).
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‍2.  What information do we collect?
‍MyMove collects and processes two types of information: (i) information you or your employer provide to us, and (ii) information relating to the User’s use of the Application and/or the Website (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.
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2.1. Information you or your employer provide to us:
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Account:
When you decide to sign up to our Application and create an account, proceed to a booking, send us an email or communicate with our customer service, you are voluntarily providing us with certain individually identifiable information that we collect and process. Such personal information may include but is not limited to your name, date of birth, gender, physical address, email address, telephone number, past expenses, billing information, bank account or other payment details. Should you give us details about another person, you hereby confirm that you fully respect the GDPR doing so and that you received every necessary authorization beforehand.

We may also process additional information you may choose to provide to us on your account (i.e. personal data which must not compulsorily be given through the subscription process), such as photos, descriptions of your interests, commuting habits, languages spoken, who you are, where you live and where you work.

Additionally, your account may contain other necessary information as detailed in the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees. Said information might be provided directly by you or by your employer in the strict respect of the legislation in place concerning mobility budgets.
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Location and travel timings:
In order to improve the Application and the services offered thereon and to help calculate distances and timing between two locations or the time needed to park in a given area, your location, places of departure and destination, the start and finish times, the date of the travel and the duration of the use may be collected. 

Additionally, all necessary data that MyMove is obliged by law to collect and process shall be duly collected and processed (law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees).
When you decide to use the Application on any mobile device you may or may not use the geolocation options. However, some services require you to activate this option so that we can locate you or your vehicle. It is possible to turn off the geolocation option of your mobile phone at any time.
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Purchase details:
As provided by law, MyMove shall collect personal data relating to your bookings and purchases as to enable you to have access to your booking history and to the amount left on your mobility budget as the case may be.
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Correspondence:
When you contact our customer service or anyone of the MyMove staff, we may keep a record of that correspondence and collect the necessary information to classify your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Policy. Moreover, your contact details might be used to notify you about changes in our Terms and Conditions or this Policy.
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Contests, promotions and feedback:
When you participate in a contest or promotion organised by MyMove, we will ask you for the necessary Personal Data to manage the concerned contest or promotion such as a name, email address, phone number, age or place of residence. When you take a survey or give us feedback on the use of the Application and/or the Website, we may ask for some Personal Data to perform a follow-up of your feedback.
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2.2. Information we learn about you from your use of the Application and/or the Website:
We may process your IP address and certain non-personal information or aggregated data about how and when you use the Application and/or the Website. This information is usually of a technical nature (device settings and information, including but not limited to the type of browser, operating system, keyboard language, screen resolution, IP address, location, etc.) and of a behavioral nature (the actions taken by you on the Application and/or the Website, including but not limited to access times, pages requested, actions executed, etc.) and is used to compile statistical data about the use of our Application and/or Website.
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3.  Purposes of collecting information
‍MyMove only processes Personal Data for the following purposes:
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‍3.1. Execution of a contract (art. 6, §1, b) of the GDPR):
We process certain Personal Data (name, phone number, email address, date of birth, driving license number, location, travel timings) to execute the contract between you and us allowing us and the concerned service providers to process your purchases and bookings on the Application to allow you to reserve, book, lock and unlock a vehicle on the Application, to confirm purchases and bookings, to inform you in case of problem, to offer you a summary of your travels in the framework of a mobility budget or other reward program organised by your employer, to enable you to know the remaining of the mobility budget you have, to treat your requests through our customer service or troubleshoot any problems.

For the execution of our services, we rely on third parties’ providers:

Data processors: we may rely on third party service providers to offer our services. Only to the extent required (i.e. to perform specific tasks on our behalf such as the storage of data, the transfer of booking data, targeted communication on the Application), such third-party service providers will have access to your Personal Data. Once such third-party service provider has completed its specific task and their legal relationship with MyMove, they will no longer have access to your Personal Data except as required by law. Our subcontractors are listed in a register of processing activities (kept internally). We ensure that all our subcontractors provide the same level of protection for your Personal Data as we do (including subcontractors located outside the European Economic Area).

Joint controllers: other parties may rely on the Application. In such case, such third parties act as controllers or joint controllers along with MyMove and are responsible for the process of your personal data and you should refer, along with this Privacy Policy, to their specific privacy policy in this respect. In such a case, MyMove may transfer your Personal Data to the third party that offered the services you used (such as your email address, name or phone number) in the extent it is necessary to enable you to use the services provided by the concerned third party (confirmation of purchase or booking; tickets/codes necessary to travel; requests or claims you make; information in case of problem; control of your tickets/codes; etc.) and/or in case of illegal use of the third-party services. Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below on your rights.
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3.2. Compliance with legal obligations (art. 6, §1, c) of the GDPR):
We may also process your Personal Data in order to comply with the law, to complete all legally obligated paperwork in each country/region in which either the User or MyMove is active, in case of illegal use of our services or when we receive orders from legal authorities.
MyMove is working with employers to offer their employees an application that enables them to handle their mobility budget. As such, employers will be granted access to some Personal Data of their respective employees as provided by the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees.
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3.3. Legitimate interests (art. 6, §1, f) of the GDPR):
Beyond the collection of your Personal Data to provide our services to you or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:
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a. Improve user experience:
Tracking your use of the Application and/or the Website will allow us to personalize our services to your needs and process uploaded data related to your profile such as tickets and booking preferences, trips history or favourite addresses. It will allow you to correctly use the Application and/or the Website. This will also allow us to learn more about User preferences and general trends on the Application and/or the Website in order to improve the quality of the Application and/or the Website.
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b. Provide customer service:
We may collect additional Personal Data to perform general customer administration of your account by providing you with specific information on available services and by sending you communications about the Application (e.g. upcoming changes or improvements) and respond to your questions, treat your requests or troubleshoot any problems. We may also verify the respect of your obligations set out in our Terms & Conditions and our Policy and investigate fraud and infringements on all applicable rules and regulations.
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c. Perform marketing actions:
We may process your Personal Data to contact you with newsletters, tailored suggestions and information exclusively about MyMove, similar products or services we offer or related information such as events, app updates or information about our Website or Application. We will not contact you regarding third parties and we will not provide your data to third parties for marketing purposes without asking for your express consent. You can always choose to opt-out, at any time, of marketing promotions from MyMove and/or email correspondence from MyMove if you do not want your Personal Data to be used anymore for any of the aforementioned marketing purposes. If you do not want to receive commercial communications from us anymore, you can choose to unsubscribe from such commercial communications at any time by sending us an email at hello@mymove.co.
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d.   Generate statistics and perform statistical analysis:
We may generate anonymous statistics about the (use and Users of the) Application and the Website in order to improve the Application and the Website and to perform statistical analysis.
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e.   Sharing information with third parties:
Some of your Personal Data could be disclosed to other companies of our companies group to improve our services (for example to our start-up studio Lab Box SA/NV, to the other start-ups of our start-up studio, to D’Ieteren Automotive SA/NV or to other companies of the same companies’ group) and could be shared with other mobility services providers such as Skipr and Mbrella to allow the Application and/or the Website to function properly and to have all necessary mobility data that could be included on the Application and/or the Website. Anonymous visitor information about our Users and the Use of our Application and the Website can be disclosed to third parties for marketing, advertising and promotional purposes as well as for statistical purposes for mobility trends. Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below on your rights.‍

3.4. Other processing: We will ask for your consent before using any Personal Data for a purpose other than those that are set out in this Policy. However, if you decide to add or provide additional Personal Data to your personal settings which must not compulsorily be given through the subscription process, by doing so, you give MyMove your explicit consent to process this additional Personal Data in accordance with this Policy.

‍4.  Security of your Personal Data
‍In order to prevent the loss, misuse and alteration of your Personal Data, MyMove has implemented a variety of appropriate technical and organizational security measures conform with or exceeding industry standard technologies, in order to safeguard the confidentiality of your Personal Data and ensure your online safety. However, MyMove cannot guarantee that unauthorized access will never occur.

MyMove uses its best efforts to protect the confidentiality and security of your Personal Data.In case of violation of your Personal Data, MyMove undertakes to notify the Belgian Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation.
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MyMove shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties. You may not disclose to or share with any third parties your account. If your phone has been stolen or if your account risks being hacked (for example because you changed phone number or you lost your computer), please immediately inform us by sending us an email at hello@mymove.co
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5.  Data retention period
‍We do not process your Personal Data any longer than is necessary for the purposes set forth in this Policy: we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Application. Your Personal Data are deleted or anonymized maximum seven years after your last use of our Application or deletion of your account as provided by article 10 of the Royal Decree of 21 March 2019 implementing the law of 17 March 2019 regarding the introduction of a mobility budget.

‍6.  Your rights
‍Exercise of your rights is free of charge and can be done at any time if it is authorized by law. You may review, update, modify or delete your Personal Data at any time. Please promptly update your Personal Data if it changes. If you wish to delete your account or, more generally, exercise your right to be forgotten, you can send us an email at hello@mymove.co and we will process your request. Please however note that some of your Personal Data are necessary for the execution of the contract. If and to the extent provided under applicable Belgian and European law, you shall have the right:to obtain from MyMove confirmation as to whether or not your Personal Data is being processed and, where that is the case, you shall have the right to access such Personal Data being processed; to obtain from MyMove, without undue delay, the rectification of inaccurate or incomplete Personal Data; to obtain from MyMove the erasure of Personal Data; to obtain from MyMove the restriction of processing of your Personal Data; to receive your Personal Data in a structured and commonly used, machine-readable format and have such Personal Data transmitted; to object to processing of your Personal Data and to object at any time and without any justification to the processing of your Personal Data and/or to the transmission of your Personal Data to third parties.

‍In many cases you can improve or modify your Personal Data yourself in your personal settings. These rights can be exercised by sending an email to hello@mymove.co or by sending a letter to MyMove SRL, Belvederestraat/rue du Belvédère 29, 1050 Elsene/Ixelles, Belgium. You can also send this request through your employer with whom MyMove is always in touch. You have the right to lodge a complaint with the authorized supervisory authority (the Belgian Data Protection Authority) should you consider that the processing of your Personal Data infringes applicable law by sending an email to contact@apd-gba.be or any other email address provided by the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/contact-us).

‍7.  Modifications to this Policy
‍We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website. In case of significant changes to the Policy that results in MyMove using your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a notice on the Application and/or send you an email notification.

‍8. Legislation and competent courts
‍This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute. Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.

‍9. Questions
‍If you have any further questions about this Policy or its implementation, please contact via hello@mymove.co.

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‍Diese Allgemeinen Geschäftsbedingungen sind in englischer Sprache verfasst. Wenn Sie kein Englisch verstehen, nehmen Sie bitte vor der Annahme der Anwendung Kontakt mit MyMove auf (über hello@mymove.co), um eine Übersetzung oder Erklärung in deutscher Sprache zu erhalten. Durch die Annahme dieser Allgemeinen Geschäftsbedingungen erklären Sie, dass Sie die englische Sprache und den Inhalt dieser Allgemeinen Geschäftsbedingungen verstehen.

‍BY ACCESSING OR USING MYMOVE APPLICATION OR MYMOVE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF MYMOVE 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 as well as on the menu of the Application. These Terms and conditions are applicable from 15/07/2022 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.

‍Subject Matter
MyMove SRL
rue du Belvédère/Belvederestraat 29

1050 Brussels, Belgium

BE 0776.513.011 (RLE Brussels)

(hereinafter referred to as "MyMove")

MyMove has developed an application, called MyMove (the “Application”), to enable users (“Users”) (i) to reserve, book and lock/unlock vehicles of a fleet made available by an operator (“Operator”) or (ii) to handle their mobility budget (in application of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and the policies set in place by their employer or simply in application of an agreement between MyMove and the concerned employer) and to reserve, book and lock/unlock vehicles of a fleet made available by their employer (“Employer”), the usage of which vehicles shall be paid by any concerned User through their own payment method or through their mobility budget, via the Application.

MyMove’s goal is to build a fleet specific to an organisation (run by an Operator or by an Employer) with the ideal mix of green cars, bikes, scooters and steps, as provided in these Terms and Conditions and to enable any User to use any vehicle of the fleet and other mobility services of the Application.

Users may use these services only in accordance with these Terms and Conditions.

‍1.  Definitions

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 or created by MyMove for a User on the basis of an agreement between the User’s Employer and MyMove;

“Application” means the mobile application called MyMove, managed by MyMove, which enables Users to use the Services provided by MyMove subject to these Terms and Conditions;

“Employer” means an employer that owns a fleet of vehicles and wishes to make them available for use by its employees (being Users) through the Application;

“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 MyMove SRL, 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 BE 0776.513.011 (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 or by an Employer. Users must be part of an Organisation to be able to use the vehicles of the fleet made available by a specific Operator or Employer. Users can be part of multiple Organisations;

“Personal Data” means all information provided by a User to, or collected by, MyMove during the User’s use of the Application and of the Website by MyMove as set out in MyMove’s Privacy Policy;

“Privacy Policy” is MyMove’s current Privacy Policy, which is available on https://www.mymove.co;

“Service(s)” means the services provided by MyMove or by any third party through the Application and/or the Website (i) to enable Users to reserve, book, use and lock/unlock vehicles of a fleet made available by an Operator or (ii) to handle their mobility budget (in application of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and the policies set in place by their employer or simply in application of an agreement between MyMove and the concerned employer) and to reserve, book and lock/unlock vehicles of a fleet made available by their Employer, the usage of which vehicles shall be paid by any concerned User through their own payment method or through their mobility budget, via the Application, in accordance with these Terms and Conditions, it being understood that the Services only imply restricted user rights and shall in no event be considered as implying a transfer of ownership to a User;

“Terms and Conditions” means the present terms and conditions forming the agreement between the User and MyMove for the use of the Service(s), that can include the short term rental of any vehicle of a fleet, and more generally the Website and/or the Application;

“User” is a person who uses the Website or the Application and the Services provided thereon subject to these Terms and Conditions, it being understood that Users of the Application have been given access to the Application on the basis of a registration process made available to them or of an agreement between their Employer and MyMove;  

“Website” means http://www.mymove.co.

‍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. For Users that are employees, the Employer must also inform MyMove of the amount of the mobility budget to allocate to said User on the Application.

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 for 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 or Employer may have its specific terms and conditions applicable to the use of the Services for the fleet of said Operator/Employer. The User expressly accepts the application of said terms and conditions, available on the Operator/Employer website or internal organisation or made directly available to the Users upon registration to the Operator/Employer’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 related to the use of a vehicle requiring a driving license. Users must be at least 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 9 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/Employer;

. 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 electronic 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 material damage to the vehicle or (attempted) theft 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.

In the event of any (attempted) theft of the vehicle, material damages to a 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 hello@mymove.co.

In case the accident is covered by the insurance of the Operator/Employer, 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 Employer and/or 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

MyMove considers the protection of Personal Data and privacy of the User extremely important. MyMove wishes to inform the User and give the User control about what happens with their Personal Data. The Personal Data of the User are protected by MyMove in accordance with MyMove’s Privacy Policy, which is available on https://www.mymove.co as well as on the menu of the Application, and in accordance with applicable Belgian and European legislation on privacy and data protection. MyMove’s Privacy Policy describes how MyMove collects, uses, communicates, discloses (including to the Operator/Employer) and protects your Personal Data. Not only the User’s rights are described therein, but also how the User can exercise them.

‍7. Mobility budget (only applicable to Users having an Account linked to their Employer)

1.  The mobility budget consists of the possibility for employees disposing of a personal company car through their Employer to hand over said personal company car in exchange for a budget to spend on all types of mobility means (e.g. taxi, public transports, shared cars, shared bikes, etc.).

2. The mobility budget is further defined in the law of 17 March 2019 regarding the introduction of a mobility budget and its executive royal decree(s), it being understood that MyMove does not commit to offer a mobility budget system and, more generally, Services, that shall enter within the scope of this law and that the Employer is solely responsible thereon.

 3. The mobility budget that an employee will receive on the Application is determined by the User Employer. In principle, it depends on the type of company car the employee is handing over: the more expensive the car, the bigger the mobility budget. Indeed, the mobility budget is equivalent to the total cost of ownership of the company car (incl. leasing, insurance, maintenance, fuel, etc.)..

4. Just like for any company car or company vehicle, each Employer defines the internal policy that their employees have to accept before being able to use the Services offered by MyMove. MyMove bears no responsibility and has no say on said internal policy.

5. The Application shows to each User the amount of their allocated mobility budget and all previous bookings, it being understood that the synchronisation between the payments made with a prepaid card and the Application can take up to forty-eight (48) hours.

8.  Prices

‍1. All prices are in euros and include VAT and all relevant taxes, rights or other indirect contributions, which would be due in application of the relevant legislation.  

2. The prices of the usage of any vehicle of any Organisation’s fleet are defined directly by the Operator or the Employer, meaning that MyMove does not choose the prices of the mobility 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 and Employers or other service providers are responsible therefor.  

3. A difference between private trips and professional trips can be provided for in the Application by an Employer and detailed by said Employer.

4. 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 depending on the rented vehicles (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 twenty-eight (28) days after the end of the rental period and payment of all due amounts by the User.

‍9.  Liability 

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/Employer 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.  

‍10. Disclaimer of warranties

‍1. MyMove and the Operators/Employers 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.

‍11.  Links to third-party websites or services and application of their terms and conditions

‍1. The 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.

‍12.  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.

‍13.  Termination

‍1. Users may terminate its use of the Services at all times upon a notice period of fifteen (15) days and, as the case may be, subject to the conditions provided for within the internal policy of their Employer.

2. MyMove may terminate the provision of the Services at all times, without notice period and any Operator/Employer may terminate the rendering available of its fleet through the Application upon a notice period agreed upon between MyMove and said Operator/Employer.

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).

‍14.  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.

‍15. Questions

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 and/or Employer or MyMove (by email at hello@mymove.co).

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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Diese Allgemeinen Geschäftsbedingungen sind in englischer Sprache verfasst. Wenn Sie die englische Sprache nicht verstehen, wenden Sie sich bitte an MyMove (unter hello@mymove.co, bevor Sie sie akzeptieren), um eine Übersetzung oder Erklärung ins Deutsche zu erhalten. Durch die Annahme dieser Allgemeinen Geschäftsbedingungen erklären Sie, dass Sie die englische Sprache und den Inhalt dieser Allgemeinen Geschäftsbedingungen verstehen.

These terms and conditions can be easily accessed and downloaded on MyMove mobile application and on MyMove website.

They are applicable from 15/07/2022 onwards and replace all previous terms and conditions.

These terms and conditions shall apply to all business users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Application, 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. 

INTRODUCTION

1. MyMove SRL is a public limited liability company (“société anonyme” / “naamloze vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvédèrestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number BE 0776.513.011 (hereinafter “MyMove”), has developed a mobile application which aims at offering a tool allowing employers (“Employer(s)”) and other organisations (such as car dealers, garage owners, rental cars companies, etc.) (“Operator(s)”) to put at the disposal of registered users or employees their fleet of shared vehicles (the “Fleet”) at conditions further decided by the concerned Employer or Operator (the “Application”). Said Fleet, composed of vehicles owned or leased directly by said Employers/Operators (the “Equipped vehicles”) and/or by vehicles rented to Employers/Operators by MyMove (the “Rented vehicles”), is linked to the Application thanks to a technology developed by MyMove.

2. In this context, MyMove wishes to enter into partnerships with different businesses, Employers or Operators, to work with them to enable them to provide such carsharing service through the Application.

3. The person giving their consent to the application of these terms and conditions for B2B services (the “Terms and Conditions” or the “Agreement”) is wishing to enter in such a partnership with MyMove as to enable registered users or employees (the “Users” and the “Qualifying employees”) to use the Application and the services offered thereon, at the expense of the Users or at the expense of the Employer itself.

4. These Terms and Conditions constitute, together with the Particular Conditions (as defined hereinafter) accepted by the Employer/Operator concerned, the commercial partnership agreement entered into between said Employer/Operator and MyMove (the “Parties”) and setting out the terms and conditions thereof.

 5. If you have any questions about these Terms and Conditions or their implementation or if you need support, please contact MyMove by email at hello@mymove.co.

Article 1 : Definitions and interpretation 

1. For the purposes of this Agreement, the terms used with capital letters shall have the following meaning:

Agreement or Terms and Conditions:

the present agreement/terms and conditions between the Parties, together with the Particular Conditions accepted by the Employer/Operator, setting out the terms and conditions under which MyMove and said Employer/Operator shall collaborate to enable the use of their Fleet through the Application.

Application:

the mobility mobile application, developed, maintained and managed by MyMove, which aims at offering to Users/Qualifying employees a tool allowing them to book and use vehicles of a Fleet at their own costs or at their Employer’s costs, it being understood that said Application shall be branded MyMove or shall be whitelabelled by MyMove (and then be branded pursuant to the Employer or the Operator’s instructions). 

Business Day:

a day (other than a Saturday or Sunday) when banks are open for normal business in Belgium.

Business Trip:

any trip made by a Qualifying employee for business reasons.

Effective Date:

the effective date of this Agreement that is the date on which the Employer/Operator has given its consent on the application thereof.

Employer:

the person giving its consent to this Agreement when no Operator is involved and wishing to enter into a partnership with MyMove as to enable (some of) its staff members or employees, the Qualifying employees, to use the Application and the Fleet, at its expense.

Equipped vehicles:

vehicles owned and insured by the Employer/Operator accepting these Terms and Conditions and equipped with a technology sold by MyMove to make them part of the Fleet, as further detailed in the Particular Conditions.

Event of Force Majeure:

an unforeseen event, which occurs after the Effective Date and which is beyond the reasonable control of the affected Party, to the extent such an event prevents or delays the affected Party from fulfilling its obligations under this Agreement and the affected Party is not the direct or indirect cause of such an event and is unable to prevent or remove such an event at reasonable cost.

Fleet:

the fleet of shared vehicles provided by the Operator/Employer (Equipped vehicles) or provided by MyMove to them (Rented vehicles), as further detailed in the Particular Conditions, and linked to the Application.

Information:

all information, data, reports, intellectual property, know-how, process and trade secrets, in whatever form, provided by or on behalf of one Party to the other Party or information of one Party otherwise received by the other Party under or in connection with the Agreement, including the information relating to the Party and its businesses, operations, finances, planning, facilities, products, techniques and processes. For example but without limitation, the Information may include inventions, products, processes, technical methods, formulas, projects, developments, plans, research data, financial data, personal data, software, client listings, suppliers listings and any other data relating to clients or the knowledge of existence of clients or the prospects of the concerned Party (and its affiliated companies in the case of MyMove).

Intellectual Property Rights:

patents, utility models, designs (whether or not capable of registration), chip topography rights, database rights and other like protection, copyrights, trademarks, trade names, trade dresses, trade secrets, inventions and/or any other industrial and/or intellectual property rights, and applications, divisions, continuations, renewals, re-exams and reissues thereof.

MyMove Budget:

the monthly budget allocated by the Employer to each Qualifying employee which can be used to book vehicles of a Fleet on the Application and which can correspond to the budget allocated to a Qualifying employee on another platform (for example the “Mbrella platform”, also developed by Lab Box) and/or to a mobility budget as defined by the law of 17 March 2019 regarding the introduction of a mobility budget, it being understood that MyMove does not interfere with, is not affected by and does not bear any responsibility in relation with, the relationship between an Employer and its employees regarding the determination of each personal mobility budget, its terms and conditions, and its compliance with the law and in particular tax and social legislation in relation with the mobility budget. As such and where applicable, the Employer is the sole responsible to ensure that its Qualifying employees are entitled to a mobility budget under the terms of the law of 17 March 2019 regarding the introduction of a mobility budget as the case may be.

Operator:

a cars’ dealer, garage owner, rental cars company or any other company giving its consent to this Agreement when no Employer is involved and wishing to enter into a partnership with MyMove as to enable Users to use the Application and the Fleet it developed (in particular Equipped vehicles), at the User’s own expense.

Particular Conditions:

any other condition discussed and accepted between the Parties in relation to the particularities of each situation (including but not limited to the quotation prepared by MyMove and accepted by the Employer/Operator and any emails that contains, among others, the details of their agreement in relation to the composition of the Fleet, the pricing, the duration, etc.).

Party:

MyMove and the Employer/Operator that has accepted these Terms and Conditions, including the Particular Conditions. 

Personal Trip:

any trip made by a Qualifying employee for personal reasons and any trip between their residence and their place of work.

Qualifying employee:

any natural person linked to the Employer by an in force and not terminated employment contract who has been selected by the Employer, whose identity and driving license have been verified by the Employer, who has accepted MyMove user terms and conditions and who has accepted to be a part of the project described in this Agreement. Each Qualifying employee benefits from a MyMove Budget pursuant to an agreement entered into by said employee and the Employer as sole and only parties.

Rented vehicles:

vehicles being rented by the Employer/Operator from MyMove and being part of the Fleet, as further detailed in the Particular Conditions.

User:

any natural person registered in the Operator’s Fleet by means of self registration through the Application, whose identity and driving license have been verified by MyMove, who has accepted MyMove user terms and conditions and who has accepted to be a part of the project described in this Agreement.

2. Interpretation

1. The singular shall include the plural and vice versa.

2. Where in this Agreement a French or Dutch term is given in italics or in italics and in brackets after an English term, and there is any inconsistency between the French or Dutch and the English, the meaning of the French or Dutch term shall prevail.

3. The words “shall use its best efforts” or “shall use its best endeavours” (or any similar expression or any derivation thereof) shall be construed as an “middelenverbintenis” / “obligation de moyen”.

4. The words “include”, “including”, “includes” and all forms and derivations thereof shall mean including but not limited to.

5. The titles and headings used in this Agreement are only inserted to facilitate the reading of this Agreement and do not express in any way the intended understanding of the Parties. They shall not be taken into account for the interpretation of this Agreement.

6. References to Articles and paragraphs in this Agreement are references to the Articles and paragraphs of this Agreement unless otherwise specified.

7. English language words used in this Agreement intend to describe Belgian legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.

Article 2: Purpose and scope of the Agreement

1. The Agreement sets out the principles and modalities of the commercial partnership between the Parties, as well as the Parties’ respective rights and undertakings under said partnership. 

2. It is hereby acknowledged and accepted by the Parties that either Party may enter into similar arrangements and/or agreements with third parties, that no exclusivity is granted and that nothing in the Agreement shall limit either Party’s right for such cooperation with any third parties.

Article 3: Services

3.1. Principle

3.1.1. MyMove shall give access to the Application to the Users/Qualifying employees, it being understood that each User/Qualifying employee shall have access to all or part of a Fleet through the Application as decided solely by the Employer/Operator. 

3.1.2. Each User/Qualifying employee can use any vehicle of the Fleet it has access to, at any time during the duration of this Agreement, subject to availability of the vehicle. 

3.2. Registration and accounts of Users

3.2.1. All Users must be registered to be able to use the Application and the Fleet.

3.2.2. The registration may require each User to provide some personal data, necessary to create user accounts on the Application. Said personal data shall be provided directly by the User on the Application and shall be processed pursuant to MyMove privacy policy, available on the Application and on MyMove’s website.

3.2.3. Any registration by a new User shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed by said User.

3.2.4. All Users wishing to use the Application shall be requested to accept MyMove’s user terms and conditions upon first use of the Application.  

3.3. Registration, accounts and MyMove Budgets of Qualifying employees

3.3.1. Each Qualifying employee shall be registered upon the Application directly by MyMove, on the basis of the personal data provided directly by the Qualifying employees or by their Employer pursuant to the mobility policy of said Employer and under its responsibility.

3.3.2. Upon said registration, each Qualifying employee shall be able to use any vehicle of the Fleet of their Employer, at any time during the duration of this Agreement, subject to availability, and pay such use with their MyMove Budget through the Application, it being understood that MyMove is not responsible for the amount of the MyMove Budget, that is decided solely by the Employer and the use thereof by the Qualifying employee. 

3.3.3. Any registration by a new Qualifying employee shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed.

3.3.4. All Qualifying employees wishing to use the Application shall be requested to accept MyMove’s user terms and conditions upon first use of the Application.  

3.4. Fleet

‍

3.4.1 The fleet of shared vehicles available for booking to the Users/Qualifying employees on the Application (the “Fleet”) is composed of various vehicles, some being rented by the Employer/Operator from MyMove (the “Rented vehicles”) and some being owned by the Employer/Operator and equipped with a technology developed by MyMove to make them part of the Fleet (the “Equipped vehicles”). All vehicles being part of the Fleet are listed in the Particular Conditions. The vehicles of the Fleet can only be used by Users/Qualifying employees, except when stated otherwise in the Particular Conditions.

3.4.2. Each Party remains responsible for insuring its vehicles as required by the applicable legislation (the Employer/Operator for the Equipped vehicles and MyMove for the Rented vehicles), it being understood that the Employer/Operator shall be responsible for the usage of any vehicle of the Fleet and for any damage relating thereto, including the payment of any sum and that the Employer/Operator expressly undertakes to fully indemnify and hold harmless MyMove for any and all damages, losses and costs arising from the usage of any vehicle of the Fleet by any User/Qualifying employee. 

3.4.3. Reservation, locking and unlocking of vehicles of the Fleet happens directly on the Application.

3.4.4. To enable a User/Qualifying employee to end a Trip with a vehicle of the Fleet, said vehicle shall be parked in the zone defined together by the Parties in the Particular Conditions.  

3.4.5. Each Party can request a modification of the composition of the Fleet. Both Parties undertake to negotiate in good faith to implement such modification within three (3) weeks should it be materially possible and to explain the reasons of the impossibility to access the request, as the case may be.

3.4.6. The booking rates of a vehicle of the Fleet can be suggested by MyMove but are determined solely by the Employer/Operator who can later request a modification of said rates to MyMove. Both Parties undertake to negotiate in good faith to implement such modification within three (3) Business Days should it be materially possible, it being understood that said modification shall be explained by the Employer/Operator to the Users/Qualifying employees. MyMove shall explain the reasons of the impossibility to access the modification request, as the case may be.

3.4.7. The Employer/Operator can request MyMove to perform additional fleet maintenance services (such as carwash, technical maintenance, ...) upon payment of specific fees negotiated between the Parties. 

3.5. For Qualifying employees only: Business Trips and Personal Trips

3.5.1. Two types of trips can be realised by Qualifying employees: Business Trips or Personal Trips. 

3.5.2. A Qualifying employee must, before each booking of a vehicle of the Fleet, specify on the Application whether the concerned trip is a Business Trip or a Personal Trip subject to the following conditions:

(i) Personal Trips shall be booked on the MyMove Budget of the concerned Qualifying employee; 

(ii) Business Trips shall not be booked on the MyMove Budget of the concerned Qualifying employee.

3.5.3. The Employer acknowledges that the declaration of each Qualifying employee on the qualification of the trip (Business Trip or Personal Trip) on the Application cannot be verified by MyMove and that MyMove shall bear no liability whatsoever in this respect, nor shall it constitute a reason for the Employer to denying payment as referred to in Article 6. 

3.6. Web dashboard

The Employer/Operator can request MyMove to obtain access to a specific web dashboard developed and maintained by MyMove and offering information and statistics relating to the use of its Fleet, upon payment of specific fees negotiated between the Parties. 

3.7. White-labelled Application

3.7.1. The Employer/Operator can request MyMove to develop a white-labelled and Employer/Operator-branded version of the MyMove Application and of the web dashboard referred to in Article 3.6, which shall then be directly managed by the Employer/Operator, upon payment of specific fees negotiated between the Parties. 

3.7.2. In said case, the Employer/Operator shall have its Qualifying employees/Users expressly agree to MyMove user terms and conditions or to a set of general terms and conditions that contains all provisions existing in MyMove user terms and conditions and protecting specifically MyMove, it being understood that the Employer/Operator can add further provisions, remove MyMove references, adapt the lay-out and the structure of MyMove user terms and conditions, provided that the newly adopted terms and conditions (i) do not alter the meaning and legal implications of the MyMove user terms and conditions for MyMove and (ii) do include MyMove when relevant. A draft set of user general terms and conditions compliant with this article is attached as annex to this Agreement. 

3.7.3. MyMove shall diligently assist the Employer/Operator in fixing any technical issue adversely impacting the use of the white-labelled Application and provide assistance to its staff members in case of Users/Qualifying Employees questions that cannot be answered by the Employer/Operator. 

Article 4: Independence

Each Party is operating, and will continue to operate, on its own behalf, in its own name, with its own trade name, for its own account and at its own risks and nothing in the Agreement is intended or shall be construed to authorize either Party to create or assume any liability or indebtedness of any kind in the name of or on behalf of the other Party or to act for or be responsible for the performance of the other Party in any manner whatsoever.

Article 5: Collaboration between the Parties

1. Each Party warrants that it has the right to perform its obligations under the Agreement and to grant the other Party the rights set forth in the Agreement. 

2. Each Party undertakes to collaborate in good faith with the other with a view to the proper performance of the Agreement.

3. Each Party shall provide the other with the necessary information to enable the proper performance of the Agreement and shall provide support if needed. 

4. MyMove shall not be responsible for any obligation existing between the Employer/Operator and the Users/Qualifying employees of said Employer/Operator Fleet.
   
   
5. MyMove shall be responsible for managing the Application unless otherwise agreed upon between the Parties or in the case referred to in Article 3.7.

Article 6: Price and payment terms

1. The Employer/Operator shall pay each month fixed fees detailed in the Particular Conditions, such as the “user fee” for each User/Qualifying employee; and/or the “Vehicle fee” for each vehicle composing the Fleet, whether these vehicles are Rented vehicles or Equipped vehicles; and/or the “Support and Platform fee” for the provision of the Application. The Parties can agree on any other fees as detailed in the Particular Conditions.

2. Other invoices may be sent for (i) the rental price of Rented vehicles and/or (ii) additional services as referred to in Articles 3.4.7, 3.6 and/or 3.7, as the case may be and as further detailed in the Particular Conditions.

3. The first invoice sent by MyMove to the Employer/Operator includes, in addition to the amounts referred to in Article 6.1 and 6.2, the setup costs for the execution of this Agreement for each Equipped vehicle included in the Fleet, as detailed in the Particular Conditions (purchase of sharing dongles, installation, vehicle branding and delivery, etc).

4. Unless otherwise specified, all prices are VAT excluded.

5. Invoices are sent based on a report prepared by MyMove once a month and are paid within thirty (30) days.

6. Any amount not paid within the contractually agreed time limits, which may be extended by mutual written agreement between the Parties, will bear interest at two (2) times the legal interest rate until payment of such unpaid amount. Should the Employer/Operator be in a situation of late payment, it will automatically owe MyMove a flat-rate compensation for costs of collection, the amount of which is fixed in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions and its Decrees. 

7. Should there be a disagreement on the amount of any invoice, the Parties shall work together in good faith to settle it. The monthly reports attached to MyMove monthly invoices shall prevail unless the Employer/Operator can prove that a mistake has been made within ten (10) days following the reception of said reports. After such a period, every monthly report shall be definitive.

Article 7: Confidentiality

7.1. Without prejudice to Article 9, neither Party shall disclose to third parties and/or use any received Information, including pieces of Information received prior to the Effective Date – whether or not it was governed by a previously entered into specific non-disclosure agreement - without the prior written permission of the other Party, except to its affiliates, subcontractors, suppliers, agents and advisors working on the execution of the Agreement on a need to know basis, provided that such third parties are bound by confidentiality obligations similar to those contained in the Agreement. 

7.2. Each Party shall only use any Information whatsoever for the strict purpose of executing its obligations under this Agreement.

7.3. Information (as defined) shall not, however, include information which the Party can establish:

1. is in the public domain at the time of disclosure or later becomes part of the public domain without breach by the Party of the confidentiality obligations contained herein; or
2. was rightfully in the possession of the Party prior to disclosure hereunder and is not subject to confidentiality obligations between the Parties; or
3. was or is disclosed to the Party by a third party who is not, to the best of Party’s knowledge, bound by any obligation of confidentiality to the other Party; or
4. was or is independently developed by the Party without use or reference to the Information. 

7.4. A Party shall have the right to disclose Information of the other Party in accordance with a judicial or other governmental order but shall inform the other Party prior to it. 

7.5. Each Party shall use appropriate efforts no less restrictive than used for the Party’s protection of its own confidential and trade secret information, but, in any event no less than reasonable efforts, to safeguard the Information of the other Party and keep it secure.

7.6. Each Party shall return or destroy upon written request of the Party owning the Information all material embodying Information of the other Party that is subject to confidentiality obligations under the Agreement, including all copies of any kind. However, the Party receiving request may retain such Information that is required by mandatory laws or to perform its obligations under the Agreement subject to all confidentiality obligations herein. 

7.7. This Article shall survive the end of this Agreement for a period of five (5) years.

Article 8: Personal data

The processing of personal data of Users/Qualifying employees or any other natural person implicated in the performance of this Agreement shall be done in compliance with MyMove privacy policy, available on MyMove website and on the Application, and with the Employer/Operator privacy policy, it being understood that no personal data shall be transferred by MyMove pursuant to this Agreement and that each Party shall act as a data controller in relation to the processing activities it conducts. 

Article 9: Intellectual Property Rights and marketing

9.1. All right, title and interest in and to all Information and to all Intellectual Property Rights, whether or not specifically recognized or protected under applicable law, shall worldwide and in perpetuity vest in and be the sole and exclusive property of the Party owning it on the Effective Date and of the Party creating it after the Effective Date, as the case may be. 

9.2. Under no circumstances shall the Agreement involve a transfer of Intellectual Property Rights between the Parties. Any Intellectual Property Right announced or created during the duration of the Agreement shall remain the sole ownership of the Party responsible for the creation thereof.

9.3. With regard to the Application, whether white-labelled or not, unless with the explicit written prior consent of MyMove, the Employer/Operator shall not:

(i) (try to) change the Application or any part(s) thereof, and not (try to), or permit any of its customers, users, employees, directors, representatives, etc., to reverse engineer, decompile, disassemble, modify, adapt, improve or translate the Application and/or any documentation or any component thereof (including but not limited to its source code and/or object code), or create derivative works based on the Application;

(ii) remove, obliterate, destroy, minimize, block or modify any logos, Intellectual Property Rights, digital watermarks, or other notices of MyMove that are included in the Application, any documentation and/or any component thereof (including but not limited to its source code and/or object code);

(iii) work around any technical or protective limitations in the Application, any documentation and/or any component thereof (including but not limited to its source code and/or object code);

(iv) copy the Application, any documentation and/or any component thereof (including but not limited to its source code and/or object code) other than as expressly authorized in this Agreement;

use the Application, any documentation and/or any component thereof (including but not limited to its source code and/or object code) in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

9.3. Each Party can use the trademark(s), trade name(s) and logos of the other Party for marketing and communication purposes relating to the Agreement, provided that said use is not able to harm in any way whatsoever the image and commercial reputation of the other Party or the Application and can, in its own name and on its own behalf, make publicity on, press release of and reference to the existence of the Agreement and the nature of the cooperation between the Parties. Said use and communications can be realised without a prior written approval of the other Party to the extent it is done without disclosure of the details regarding the Agreement or the execution thereof and without impair public order and morals and the commercial reputation of the other Party.

9.4. Each Party can request the other Party to stop any use or communication that is, in its reasonable opinion, contrary to the above mentioned.

Article 10: Liability

10.1. Both Parties expressly acknowledge that, in connection with the use of the Application and any other service or agreement related thereto, MyMove might not be in a position to directly solve some potential problems that would arise during the course of the Agreement (e.g. technical problems, issues with the Equipped vehicles, etc.). Both Parties therefore expressly agree that MyMove’s liability, as the case may be, should be analysed and assessed on the basis of its means of action. 

10.2. Each Party shall defend, indemnify and hold the other Party and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) which arise from any wrongful execution or breach of the Agreement.

10.3. Neither Party shall under any circumstances be liable for any indirect damages, expenses, costs or other losses incurred by the other Party or its affiliate(s) arising under or in connection with the Agreement. 

10.4. MyMove shall not be liable for any Event of Force Majeure or any technical problem that might arise and the consequences thereof. Furthermore, MyMove shall in no case whatsoever be liable for any damages, expenses, costs or other losses resulting from the actions or omissions of third parties involved in the execution of this Agreement.

10.5. The Employer/Operator undertakes to hold MyMove and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees) which arise from the actions or omissions of its Users/Qualifying employees, including the overspending of any Qualifying employee using more than their MyMove Budget over any given period.

10.6. The liability of each Party under the Agreement shall in any event be limited to the maximum amount between (i) the amount provided by the applicable insurance to cover the liabilities, damages, losses, costs and expenses in such case or (ii) 5% of the yearly Agreement value per incident causing damage to the other Party.

10.7. The limitation of liability provided in this Article shall not apply to breaches of Article 7, to the liability mentioned in Article 10.5 or in cases of intentional misconduct or gross negligence by the defaulting Party, committed in relation with the performance of this Agreement. 

Article 11: Term and termination

11.1. Without prejudice to Article 11.2, this Agreement shall become effective on the Effective Date and shall remain in force for the period provided in the Particular Conditions or, if no such period is provided in said Particular Conditions, for a period of twelve (12) months starting on the Effective Date.

11.2. This Agreement shall be renewed automatically for succeeding terms equal to the term specified in Article 11.1 and under the same conditions unless either Party gives written notice to the other Party at least forty-five (45) days prior to the anniversary date of the Effective Date.

11.3. This Agreement may be terminated with immediate effect by written notice by the non-defaulting Party, without incurring any liability and without prejudice to the right of indemnification of the non-defaulting Party, in the event that (i) the other Party commits a material breach and fails to remedy such breach within ten (10) Business Days after having been given written notice in respect thereof; or (ii) the other Party is declared bankrupt, is dissolved, or goes or is put into liquidation (otherwise than solely for the purpose of amalgamation or reconstruction) or if a receiver is appointed over any part of such other Party’s business or if any event occurs which under the laws of any jurisdiction has a similar or analogous effect to any of the above events; or (iii) as otherwise set forth in this Agreement. 

11.4. Termination of this Agreement shall be without prejudice to the rights and obligations of the Parties which have accrued up to the date of termination. Upon termination, the Employer/Operator shall immediately cease any and all use of the Application.

Article 12: Miscellaneous

12.1. Entire Agreement and general terms and conditions

The Agreement forms the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior communications, written or oral, between the Parties, including without limitation any prior non-disclosure agreement between the Parties. 

All amendments and modifications to the Agreement shall be made by a written document signed by both Parties. 

General conditions and/or any other standard documentation of either Party have been taken into consideration and, as such, shall not bind the other Party in case of inconsistency or conflict with the Agreement unless incorporated by mutual written agreement as part of the Agreement. MyMove user terms and conditions and privacy policy shall however apply to Users/Qualifying employees. MyMove user terms and conditions and privacy policy are available on the Application and on MyMove website.

12.2. Notices 

Any notice in connection with this Agreement must be in writing and shall be validly given with respect to each Party if sent by registered mail or by an internationally recognised courier company to the persons and addresses referred to in the Particular Conditions, shall be effective upon receipt and shall be deemed to have been received upon delivery (or on the first business day following the date of sending (mentioned on the receipt) if sent by registered mail).

12.3. Severability

If one or several provisions of the Agreement shall be held to be void, illegal, or unenforceable, this nullity, illegality or unenforceability shall not affect the validity, the legality or the enforceability of the other provisions, except if the provisions held to be void, illegal or unenforceable affected the object of the Agreement. Each Party shall negotiate diligently and in good faith a valid provision replacing the void, illegal or unenforceable provision.

12.4. Waiver

The default or the delay of a Party to avail itself of a right or a faculty given by the Agreement or a breach of the other Party cannot, in any case, be considered as or have the effect of a definitive waiver of that Party to avail itself of that right or that breach subsequently.

12.5. Applicable law and disputes

The Agreement shall be governed by and construed in accordance with the laws of Belgium.

Every dispute related to the conclusion, the validity, the interpretation or the performance of the Agreement, or of contracts or subsequent transactions that might result from it, as well as any other dispute concerning, or related to, the Agreement, with no exception, will be submitted to the exclusive jurisdiction of the courts of Brussels.

Annexe - only applicable in case of a white labelled version of the Application (article 3.7)

[CLIENT]  General Terms and Conditions ([APP NAME])

Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met [CLIENT] (via [email address CLIENT]) 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.

‍BY ACCESSING OR USING [APP NAME] APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE THAT YOU ARE ENTERING INTO A CONTRACT WITH [CLIENT] 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 APPLICATION IN ANY WAY.

These Terms and Conditions can be accessed on the menu of the Application. These Terms and Conditions are applicable from [START DATE] 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, 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 [CLIENT]. However, by accepting the application of the Terms and Conditions, the User expressly accepts the application of the terms and conditions of any service provider offering its services and/or products on the Application to that User pursuant to provision 10 below.

‍Subject Matter

[CLIENT IDENTITY] - herein referred to as “[CLIENT]” - has requested MyMove (i.e. MyMove SRL- rue du Belvédère 29, 1050 Brussels - 0680.845.473 (RLE Brussels)) to develop a mobile application called ‘[APP NAME]’ (the “Application”), to enable users (“Users”) to reserve, book and lock/unlock vehicles of a fleet made available by operators (each an “Operator”, as further defined hereinafter), 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 [CLIENT] and not with MyMove (acting as subcontractor to [CLIENT] 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.

‍1.  Definitions

Defined terms in these Terms and Conditions shall have the meaning 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;

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“Application” means the mobile application called [APP NAME], developed by MyMove for [CLIENT], which enables Users to use the Services provided by [CLIENT] subject to these Terms and Conditions;

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“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;

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“MyMove” means MyMove SRL, 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 with entreprise number BE 0776.513.011 (RLE Brussels);

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“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, [CLIENT] 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;

“Personal Data” means all information provided by a User to, or collected by, [CLIENT] during the User’s use of the Application as set out in [CLIENT]’s Privacy Policy and, as the case may be, MyMove privacy policy, available on MyMove website;

“Privacy Policy” is [CLIENT]’s current privacy policy, which is available on [link];

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“Service(s)” means the services provided by [CLIENT] or by any third party through the Application (i) to enable Users to reserve, book, use and lock/unlock vehicles of a fleet made available by an Operator, the usage of which vehicles shall be paid by any concerned User through their own payment method, via the Application, in accordance with these Terms and Conditions, it being understood that the Services only imply restricted user rights and shall in no event be considered as implying a transfer of ownership to a User;

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“Terms and Conditions” means the present terms and conditions forming the agreement between the User and [CLIENT] for the use of the Service(s), including the short term rental of any vehicle of a fleet, and more generally the Application;

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“User” is a person who uses the Application and the Services provided thereon subject to these Terms and Conditions, it being understood that Users of the Application have been given access to the Application on the basis of a registration process made available to them and filled in by them.

‍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 [CLIENT] 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 [CLIENT] 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 [CLIENT] 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 to browse, locate, reserve and pay for 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 neither [CLIENT] nor MyMove is in any 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, a User will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.

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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.

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c. Updates. The Application 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. By agreeing to these Terms and Conditions and using the Application, a User agrees to receive such updates automatically.

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d. Proof. Unless otherwise proven by writing, the data registered on the Application form the proof of any booking and/or payment made by the User.

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e. SMS. A User might receive a SMS message to be able to use the Application. Standard rates will apply.

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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 [CLIENT] that they have fulfilled this obligation; failing this, the User shall be liable for any resulting damage to [CLIENT], MyMove or any other third party. If a third party should assert rights to the vehicle, the User shall be obliged to inform [CLIENT] immediately and to initiate at their own expense any procedure to preserve the rights of [CLIENT] and 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 the Vehicle exterior for damage. In case of any damage to the Vehicle (other than already indicated in the Application) the User must promptly report 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 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 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 report it 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 electronic 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 material damage to the vehicle or (attempted) theft of the vehicle, the last User that did use the vehicle shall be considered as responsible and [CLIENT] 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 [CLIENT] to claim full compensation for all costs and damage suffered. 

Said lump-sum shall depend on the rented vehicle: 

Vehicle 1 : X EUR

Vehicle 2 : Y EUR

In the event of any (attempted) theft of the vehicle, material damages to a 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 [CLIENT] 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 [CLIENT] 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 [CLIENT] at [CLIENT email address].

In case the accident is covered by the insurance of the Operator, [CLIENT] 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 and/or the Application (including their Account) for illegal purposes or purposes that may damage the rights (including Intellectual Property Rights) or interests of [CLIENT], MyMove, the Operator or any third parties, and in particular not to use 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 Application, or to access [CLIENT]’s or 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 for commercial purposes (“screen scraping”) as screen scraping of the Application 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 Application.

2. Should the User fail to comply with their obligations, [CLIENT] reserves the right to prohibit and immediately block access to the Services 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

[CLIENT] considers the protection of Personal Data and privacy of the User extremely important. [CLIENT]wishes to inform the User and give the User control about what happens with their Personal Data. The Personal Data of the User are protected by [CLIENT] in accordance with its Privacy Policy, which is available on [link] as well as on the menu of the Application, and in accordance with applicable Belgian and European legislation on privacy and data protection. The Privacy Policy describes how [CLIENT] collects, uses, communicates, discloses (including to MyMove and/or the Operator) and protects your Personal Data. Not only the User’s rights are described therein, but also how the User can exercise them.

‍7.  Prices

‍1. All prices are in euros and include VAT and all relevant taxes, rights or other indirect contributions, which would be due in application of the relevant legislation.  

2. The prices of the usage of any vehicle of any Organisation’s fleet are defined directly by the Operator. 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 twenty-eight (28) days after the end of the rental period and payment of all due amounts by the User.

‍8.  Liability 

This Article will survive termination of this Agreement.

1. [CLIENT] and MyMove Liability: [CLIENT] and/or MyMove shall only be liable to the User for damages or losses directly resulting from their respective breach of these Terms and Conditions. Their total liability shall in no event exceed two thousand five hundred (2,500) EUR and they shall in no event be liable for any damages or losses incurred or sustained by or imposed 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.

[CLIENT] and/or 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 Application or any Services, even if they were 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 their 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 [CLIENT] 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 [CLIENT] and 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 of its non-compliance with these Terms and Conditions. The User expressly undertakes to fully indemnify and hold harmless [CLIENT], 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 of these Terms and Conditions and any incident relating to its performance.  

9. Disclaimer of warranties

‍[CLIENT], 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 [CLIENT], 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 Application are (except as expressly stated otherwise) 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 conditions

‍The Application contains links to third-party websites or services that are not owned or controlled by [CLIENT]. [CLIENT] 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 [CLIENT] and/or 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 Application (in object code and source code form), the underlying models and algorithms of the Application, 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, 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; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application to any third party; (3) not to alter or modify the Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application; (5) not to prepare derivative works from the Application 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.

‍12.  Termination

‍1. Users may terminate its use of the Services at all times upon a notice period of fifteen (15) days.

2. [CLIENT] 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 [CLIENT] and said Operator.

3. [CLIENT] 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 [CLIENT] 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 [CLIENT] 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 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 [CLIENT] or 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.

‍14. Questions

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 [CLIENT] (by email at [CLIENT email address]).

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.).