Terms and conditions

1. General Information

These are the terms of use of “the Click” web application we provide (“Web Application”). The Web Application is operated by or on behalf of Fost Plus vzw/asbl (we, us and our). We are a non-profit organisation, registered in Belgium, with company number 0447.550.872, and our registered office is at Olympiadenlaan 2 Avenue des Olympiades, 1140 Brussels, Belgium.

We remain the owner of the Web Application at all times and we license use of the Web Application and the services offered via the Web Application to you on the basis of these terms of use ("Terms"). By indicating on the registration page of the Web Application that you agree to these Terms, you acknowledge to have read and to be bound by these Terms and you agree only to use the Web Application in accordance with these Terms. If you do not agree with the content of the Terms, please do not continue to use the Web Application.

Use of your personal information submitted to or via the Web Application is governed by our Privacy statement[Put hyperlink.] , which explains how we use your personal data.

Your use of the Web Application may also be subject to the terms or policies applied by any third-party provider or operator via whose platform you access the Web Application (e.g. browser provider). We encourage you to read and adhere to those terms and policies.

These Terms were last updated on July 25th, 2020. The latest version of these Terms is always available via the Web Application. It is your responsibility to review the applicable Terms on a regular basis and to comply with the latest version.

 

2. Purpose and content of the Web Application

For the purpose of these Terms, we understand litter to include: packaging or waste of out of home used items and goods (e.g. on festivals or similar events) or packaging thrown away in public areas. Household waste is excluded, should not be uploaded and will not count.

We have created the Web Application in order to stimulate circularity and instigate people to pick up litter and put it in the right waste bin. By scanning barcodes or taking a picture of pieces of litter while being situated in an active geographic zone within the Click in Belgium, you can earn Circular UCoins. These Circular UCoins can only be used to purchase vouchers in the shop which can be redeemed with local vendors.  When you are situated outside of an active geographic zone within the Click, you will not be able to scan barcodes or take pictures of pieces of litter and no Circular UCoins will be earned.

By scanning or taking pictures of more items, you will level up, whereby this progress will also be recognized with a certain amount of Circular UCoins. Once you levelled up, you will stay in that level, even when you redeem your Circular UCoins. Should you however remain inactive for more than 3 months, you will level down. This will continue for every 3 months of inactivity.

Finally, it is important to know that there is a weekly upload limitation of 150 items of litter.

You can use your Circular UCoins in the shop where you can purchase vouchers which can be redeemed with local vendors in accordance with the applicable specifications. Your chosen voucher will be e-mailed to the e-mail address you used for registration and will, in principle, be valid for 5 calendar days after the moment of purchase. You can redeem such vouchers by showing them to the relevant vendor. Vouchers are, in principle, vendor-specific, can only be used once and cannot be used with other vendors. Fost Plus cannot be held liable if you do not respect the conditions of the voucher and consequently cannot redeem it.

 

3. Accounts

You should only use this Web Application if you agree to access and use the Web Application in accordance with these Terms.

If you are under the age of 12, you need to obtain permission from an adult with effective parental responsibility over you before accessing and using the Web Application.

To use the Web Application, you must register and set up your account with us by completing the account registration form in the Web Application. You will need to provide your own name and email address. You only need to register once. You must provide us with true, accurate, complete and up-to-date information. You are responsible for the information you provide to us.

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else, nor shall you use the e-mail address or password of someone else. You understand and agree that we cannot be held liable for the consequences of the unlawful and unauthorised use of the Web Application through the use of your username and password. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see section Communication below for further details). You are responsible for all actions that occur through your account. Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us.

 

4. Use of the Web Application

4.1. Your use

The use of the Web Application is free. You just need an internet connection.

You may only use the Web Application for non-commercial use (unless expressly granted permission, in writing, to do otherwise by us) and only in accordance with these Terms. You agree that your use of the Web Application is on an ‘as is’ and ‘as available’ basis and at your sole risk.

You understand that in order to use the Web Application properly, you need to authorize the Web Application to access:

  • Your location: in order to verify whether you are situated in an active geographic zone within the Click in Belgium. In accordance with our Privacy statement, these location data will be deleted once such verification has been completed.
  • Your camera: in order for you to be able to take pictures and scan barcodes and receive Circular UCoins. The Web Application will only access the camera when you use the Web Application.

If you do not authorize the Web Application to access your location and camera, you will not be able to enjoy the full functionality of the Web Application and, in particular, not be able to earn Circular UCoins.

Except to the extent expressly set out in these terms, you are not allowed to:

  • ‘scrape’ content or store content of the Web Application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Web Application, nor are you allowed to “mirror” the Web Application on another server or application, without our prior written consent;
  • submit any content to the Web Application which is false, misleading or fraudulent or which could be considered defamatory, discriminatory, abusive, offensive or otherwise objectionable, or infringes upon the rights of third parties;
  • remove or change any content of the Web Application, or attempt to circumvent protection, security or confidentiality measures, or interfere with the proper working of the Web Application or the servers on which the Web Application is hosted;
  • republish, redistribute, reverse-engineer, exploit or re-transmit the Web Application, and/or any of the content made available on the Web Application; or
  • otherwise do anything that is not expressly permitted by these terms.

You must only use the Web Application for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our employees, agents or representatives.

We are giving you personally the right to use the Web Application as set out in these Terms. You may not transfer your rights or obligations under these terms to another person without our prior written agreement.

 

 4.2. Suspension of operation of the Web Application

We cannot guarantee the continuous, uninterrupted or error-free operability of the Web Application. We may, from time to time, in our sole discretion and with or without prior notice, temporarily suspend the operation of certain features, parts or content of the Web Application (in whole or in part) for repair or maintenance work or in order to withdraw, modify, update or upgrade any contents, features or functionality. Where the Web Application is unavailable for any period of time, we will ensure that your amount of Circular UCoins and level will be retained.

You agree that we will not be liable to you or to any third-party, subject to the liability terms set out in the section Warranties and liability, for any unavailability, modification, suspension or withdrawal of the Web Application, or any features, parts or content of the Web Application.

The Web Application connects to services via the internet provided by your third-party internet services provider or mobile services provider's network and a stable internet connection is required to access our services. You acknowledge and agree that we are not responsible for any unavailability of the internet, connection quality issues, service interruption or diminished functionality in the Web Application which you may experience as a result of any such unavailability of any part of the internet or issue with your device's internet connectivity.

 

 

4.3. Purchase and redemption of vouchers

You cannot cancel your purchase of a voucher.

When you redeem vouchers with a third-party vendor, you understand that, in addition to the terms and conditions mentioned in the shop, such transaction may be subject to additional terms and conditions or other terms of sale as notified to you by such vendor. Such terms may contain different limitations and exclusions of liability and will supersede these Terms, insofar as any liability arising out of the supply of products or services by the third-party vendor is concerned.

 

 

4.4. Termination of our relationship

We may, with or without prior notice, suspend or terminate the contractual relationship between you and us or your use of your account in the event that you have breached any of these Terms.

If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;
  • immediate, temporary or permanent removal of any content submitted by you;
  • immediate, temporary or permanent withdrawal of your right to access and use the Web Application;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The rights described above are cumulative and are not limited, and we may take any other action we deem appropriate.

Upon termination of these Terms or your account, for any reason, with or without court intervention:

  • all rights granted to you under these Terms will immediately cease;
  • you must promptly discontinue all use of the Web Application and refrain from accessing the Application.

You can terminate the contractual relationship by asking us to deactivate your account.

 

5. Warranties and liability

Whilst we take reasonable steps to ensure that the Web Application is free of malware and viruses, we cannot and do not guarantee that the Web Application will be entirely free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including: using a secure browser, performing anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content you access through our Web Application.

You understand and agree that, except for the cases in which the law does not allow liability to be excluded, we cannot and under no circumstances (regardless of the gravity of the fault) be held liable in any direct or indirect, general or specific way for any direct or indirect damage, including, among others, damage resulting from loss of profit, loss of data, commercial loss, business interruption, loss of business opportunity, or any other commercial damage or loss resulting from (i) your use of the Web Application or inability to use the Web Application, (ii) any changes made to the Web Application or the discontinuation of the Web Application, (iii) the deletion, damage or failure of storage of content and other data held or transmitted through the use of the Web Application, (iv) non-compliance by third party vendors with their obligations in the context of a transaction between you and such third party vendor or (iv) force majeure.

You agree to fully indemnify and hold us harmless from and against any third party claims, arising from or related to the violation of these Terms .

No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the Web Application.

 

6. Intellectual property rights

You acknowledge that all intellectual property rights in any content of the Web Application (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors.

Except as expressly set out here or as expressly allowed to you in writing by us, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership or usage rights by downloading content from the Web Application. In the event you print off, print screen, copy or store pages from the Web Application, you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content, are reproduced.

 

7. Communication

All notices given by you to us must be given in writing to the postal or e-mail address set out below. We may give notice to you at the e-mail address you provide to us.

Please submit any questions you have about these Terms or the Web Application, any complaint or concern in relation to the Web Application or report an issue with the Web Application by email to theclick@fostplus.be  or write to us at: Fost Plus, Olympiadenlaan 2 Avenue des Olympiades, 1140 Brussels, Belgium

 

8. Modifications

As it is our policy to continuously review and update the Web Application, we may revise these Terms from time to time and will notify you if we are making any significant changes.

 

9. Applicable law and competent courts

These Terms shall be governed by and interpreted in accordance with Belgian law.

In the event of a dispute, only the courts of Belgium have jurisdiction.