Privacy policy

‍

La présente Privacy and Cookie policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec MyMove (via info@lab-box.com) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente Privacy and Cookie Policy, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.

Deze Privacy and Cookie Policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Lab Box (via info@lab-box.com) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze Privacy and Cookie Policy te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.

‍

This privacy and cookie policy (the “Policy”) includes both the privacy policy and the policy on the use of cookies on Lizy’s website (the “Website” – www.lab-box.com). 

‍

Date of last revision: 25/09/2019

‍

Lab Box SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal information 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”).

‍

DATA CONTROLLER

Your personal data are handled by:

Lab Box SA/NV (hereafter: “Lab Box”)

Rue du Mail/Maliestraat 50

1050 Ixelles/Elsene

Enterprise number: BE0680845473

To contact us: info@lab-box.com 

To have access to our policy: https://www.lab-box.com/pages/legal-information 

1. Scope of Application

As used in this 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.

Lab Box ("we" or "us") provides this Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Website and the Services provided thereon (the “Users” or “you”). 

2. What information do we collect?

Lab Box collects and processes two types of information: (i) information Users provide to us and (ii) information relating to the User’s use of the Website (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.

(i) Information you provide to us:

When you access the Website, send us an email or communicate with our customer service, you are voluntarily providing us with certain Personal Data that we collect and process. Such personal information may include but is not limited to your name, date of birth, physical address, phone number or email address. 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 therefor.

Additionally, when you contact our customer service or anyone of the Lab Box staff, when you give us feedback or when you participate in any promotion, we may keep a record of that correspondence and collect the necessary information to classify your question/participation, respond to it and, if applicable, investigate any breach of this Policy. 

(ii) Information we learn about you from your use of the Website:

We may collect or process your IP address and certain non-personal information or aggregated data about how and when you use 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 behavioral nature (the actions taken by you on 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 Website.

3. Purposes of collecting information

Lab Box only collects the Personal Data for the following purposes:

i. 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 Lizy is active or in case of illegal use, when we receive orders from legal authorities. 

We may also verify the respect of your obligations set out in our Policy and investigate fraud and infringements on all applicable rules and regulations.

ii. Legitimate interests (art. 6, §1, f) of the GDPR):

Beyond the collection of your Personal Data to provide our services or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:  

a. Improve user experience:

Tracking your use of the Website will allow us to personalize our services, and it will allow you to correctly use the Website. This will also allow us to learn more about User preferences and general trends on the Website in order to improve the quality of the Website and personalize your experience. 

b. Provide customer service:

We will perform general customer administration by responding to your questions, treat your requests or troubleshoot any problems. 

c. Perform marketing actions:

We can contact you with tailored suggestions and information about events and other products or services as well as communications about the Website and/or Lab Box. 

You can choose to opt-out at any time of marketing promotions from Lab Box and/or mail/email correspondence from Lab Box if you do not want your Personal Data to be used anymore for any of the aforementioned 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 info@lab-box.com. 

d. Generate statistics and perform statistical analysis:

We may generate anonymous statistics about the (use and Users of the) Website in order to improve it and to perform statistical analysis.

e. Sharing anonymous information with third parties:

Some of your Personal Data could be disclosed to other companies of our companies group to improve our services. No Personal Data will ever be disclosed to third parties for marketing, advertising and promotional purposes. Only anonymous information might 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 (“your rights”).

iii. Other processing:

We will always request your consent before using any Personal Data for a purpose other than those that are set out in this Policy.

4. Security of your Personal Data

In order to prevent the loss, misuse and alteration of your Personal Data, Lab Box 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, Lab Box cannot guarantee that unauthorized access will never occur.

Lab Box uses its best efforts to protect the confidentiality and security of your Personal Data.

In case of violation of your Personal Data, Lab Box undertakes to notify the Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation. 

Lab Box shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties.

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 the process of your Personal Data is necessary to allow you to make use of our Website. Your Personal Data are deleted or anonymized after a period of maximum three years following our last exchange or for a longer period when we are legally obliged to do so.

6. Your rights

Exercise of your rights is free of charge and can be done at any time provided that it is authorised by law. If and to the extent provided under applicable Belgian and European law, you shall have the right:

a) to obtain from Lab Box 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;

b) to obtain from Lab Box, without undue delay, the rectification of inaccurate or incomplete Personal Data;

c) to obtain from Lab Box the erasure of Personal Data;

d) to obtain from Lab Box the restriction of processing of your Personal Data;

e) to receive the Personal Data in a structured and commonly used, machine-readable format and have such Personal Data transmitted;

f) 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.

These rights can be exercised by sending an email to privacy@lizy.com or sending a letter to Lab Box SA/NV, Maliestraat/rue du Mail 50, 1050 Elsene/Ixelles, Belgium.

Should you consider that the processing of your Personal Data infringes applicable law, you have the right to lodge a complaint with the supervisory authority (the Data Protection authority) by sending an email to contact@apd-gba.be or any other email address provided by the authorized supervisory 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 Website. In case of significant changes to the Policy that results in Lab Box using your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a specific notice on the Website and/or send you an email notification.

8. Cookies

Lab Box uses cookies. Cookies are small pieces of information that are stored by your browser on your computer's or mobile device’s hard drive. These cookies allow the Website to remember information that changes the way the Website appears, such as your preferred language. Furthermore, the Website uses cookies in order to determine the circle of users and to ease the use of and navigation on the Website (e.g. cookies are used to prevent you from having to log in every time for personalized services by entering your user name and password). The use of cookies is generally accepted and virtually all important websites use them.

 Following cookies are being stored when you visit and use our Website:

• Cookies essential for navigation

These are cookies that are required in order to use our Website. Without them certain sections will not function correctly, or not at all. In particular, they enable navigation between the various sections of our Website, completion of forms and secure verification of your identity before granting access to your Personal Data.

• Functional cookies

Functional cookies are intended to facilitate operation of our Website and make using it a more pleasant and personalized experience for you. These are cookies which, for example, store your preferences such as choice of language or your customer segment, collect information in forms for statistical purposes (number of unique visitors, etc.) or enable analysis of how visitors use the Website.

• Marketing cookies

When you visit our website, socio-demographic data and profile data are collected and stored anonymously in a marketing cookie. Marketing cookies do not contain any personal data and are placed by advertisers when their ad is posted. They prevent you being bombarded by the same advertisements over and over again and help to personalize publicity, but they also measure the effectiveness of various marketing and publicity actions.

• Third party cookies

These cookies are placed via our Website by third parties, for example Google. In particular they improve our Website content and operation.

You can configure your internet browser in order to be informed of each cookie sent or systematically refuse them by modifying the parameters of your browser. Lab Box cannot guarantee the access, use and operation of the Website if the storage of cookies is disabled.

If you want to refuse marketing cookies (including Google among others), you can do this with the help of the following website: http://www.youronlinechoices.com/

9. 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.

10. Questions

If you have any further questions about our Policy or its implementation, please contact info@lab-box.com.  

Date of last revision: 25/09/2019

‍

Terms & conditions

‍

Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Mbrella (via info@mbrella.eu) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.

Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Mbrella (via info@mbrella.eu) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.

Date of last revision: 01/09/2019

BY ACCESSING OR USING LAB-BOX PLATFORM OR LAB-BOX WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF LAB-BOX 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 PLATFORM IN ANY WAY.

These Terms and conditions can be accessed on the Website as well as on the menu of the Platform. These Terms and conditions are applicable from 1st September 2019 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 Platform, 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 Mbrella. 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 Platform and/or the Website to that User pursuant to provision 10 below.

Subject Matter

Lab-Box SA/NV, 

rue du Mail/Maliestraat 50 

1050 Brussels, Belgium 

0680.845.473 (RLE Brussels) 

(hereinafter referred to as "Mbrella") 

Mbrella has developed a platform called Mbrella (the “Platform”) and a website (the “Website”) to enable employers (the “Employers”) and their employees (the “Qualifying employees”), collectively referred to as users (the “Users” or “You”) to handle the mobility budgets and mobility expenses of said employees (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 the employer’s employee or simply in application of an agreement between Mbrella and the concerned Employer). 

Users may use the Services (as defined below) and more generally the Website and the Platform 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 Mbrella on the Platform for a User on the basis of an existing agreement between the Employer and Mbrella;

• “Employer" is a person who has concluded an agreement with Mbrella to enter in a partnership and gain access to the Platform and its Services for themselves and (some of) its employees (the “Qualifying employees”).

• “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; 

• “Personal Data” means all personal information provided by Users to or collected by Mbrella during the use of the Platform and the Website by Users, as well as during the Services provided by Mbrella as set out in Mbrella’s Privacy & Cookie Policy;

• “Platform” means the online internet platform called Mbrella, developed, maintained and managed by Mbrella, which aims at offering a tool allowing Qualifying employees to handle their mobility budgets and expenses and Employers to have an aggregated view on said mobility budgets and expenses;

• “Privacy & Cookie Policy” is Mbrella’s current Privacy and Cookie Policy which is available on https://www.mbrella.eu; 

• "Qualifying employee" is a natural person who have been given access to the Platform in accordance with the subscription procedure established in these Terms and Conditions, on the basis of an existing agreement between said person and their  Employer and on the basis of an existing agreement between their Employer and Mbrella.

• “Service(s)” means the services provided by Mbrella or by any third party through the Platform and/or the Website to enable Users to handle mobility budgets and mobility expenses (in application of the law of 17 March 2019 regarding the introduction of a mobility budget and its executive royal decrees and the policies set in place by the employer’s employee or simply in application of an agreement between Mbrella and the concerned employer) and to automatically or manually encode and review such expenses and budgets in accordance with these Terms and conditions;

• “Terms and conditions” means the present terms and conditions forming the agreement between the User and Mbrella for the use of the Service(s) and more generally the Website and the Platform;

• “Mbrella” means Lab Box SA/NV, a company offering mobility sharing solutions, having its registered office at rue du Mail/Maliestraat 50, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises (Brussels), with company number 0680.845.473 (RLE Brussels);

• “User” is a Qualifying employee, an Employer or any other person who uses the Website and/or the Platform and the Services provided thereon subject to these Terms and conditions. 

• “Website” means https://www.mbrella.eu.

2.  User’s account and subscription by a Qualifying employee

1.     The Platform shall be made available to Qualifying employees upon fulfillment of a registration form and subscription to the Platform. The registration form, made available to the Qualifying employee through their Employer, must contain all data necessary to enable Mbrella to create an user account such as the name, the email address or the amount of the mobility budget allocated to said Qualifying employee by their Employer.

2. The Platform shall be made available to the Employer through a user account in accordance with the agreement between said Employer and Mbrella.

3. 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 to another employee of the same company. The User must keep their Account details secure and must not share them with anyone else. The User shall immediately warn Mbrella in case a third party uses their Account following the stealing of their phone/computer, a hacking or any other problem.

3. The User acknowledges and agrees that Mbrella 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; 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 Platform and/or the Website. 

3.  Use of Services

1. Access to and use of content. You may use the Platform and/or the Website to add, remove, edit and confirm mobility expenses and to show mobility budget balance(s). 

To use the Platform and/or the Website, you will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.

2. Services offered on/through the Platform. The services offered on the Platform or through the Platform may vary and/or be updated. The User expressly acknowledges that some services may therefore disappear or be improved and that all services may not be available at all times or in all circumstances.

3. Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Services.

4. Updates. The Platform 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 for you to use the Platform and/or the Website. By agreeing to these Terms and conditions and using the Platform and/or the Website, you agree to receive such updates automatically.

5. Proof. Unless otherwise proven by writing, the data registered on the Platform and/or the Website form the proof of any expense and/or payment made by the User.

6. SMS. You might receive a SMS message to enable you to use the Platform. Standard rates will apply.

4.  Absence of User right of withdrawal

By virtue of article VI.53, 13° of the Economic Law Code (“Code de droit économique”/ “Wetboek van economisch recht”), 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 Website and/or the Platform (including their Account) for illegal purposes or purposes that may damage the rights (including Intellectual Property Rights) or interests of Mbrella or any third parties, and in particular not to use the Website and/or the Platform 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 Platform, or to access Mbrella’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 Platform and/or from the Website for commercial purposes (“screen scraping”) as screen scraping of the Platform 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 and all applicable laws and regulations;
• that it has full authority and legal capacity to agree to these Terms and conditions and that it has not been previously suspended or blocked from the Website and/or the Platform. 

2. Should the User fail to comply with their obligations, Mbrella reserves the right to prohibit and immediately block access to the Website and/or the Platform (including their Account), to prohibit such access without repayment of any open balance and to take out proceedings for the payment of compensation.

6.  Personal Data, privacy and use of geolocation data

Mbrella considers the protection of Personal Data and privacy of the User extremely important. Mbrella 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 Mbrella in accordance with Mbrella’s Privacy and Cookie Policy, which is available on https://www.mbrella.eu as well as on the menu of the Platform, and in accordance with applicable Belgian and European legislation on privacy and data protection. Mbrella’s Privacy and Cookie Policy describes how Mbrella collects, uses, communicates, discloses and protects your Personal Data and which cookies Mbrella uses and for which purposes. Not only the User’s rights are described therein, but also how the User can exercise them.

7.  Mobility budget

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 Mbrella 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 thereof. 

3. The mobility budget that an employee will receive on the Platform is chosen by their  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 Mbrella. Mbrella bears no responsibility and has no say on said internal policy.

5. The Platform shows to each Qualifying employee the amount of their allocated mobility budget and a consolidated consumption list of all previous bookings manually encoded by said Qualifying employee on the Platform or made, as the case may be, through the MyMove mobile application or Skipr mobile application (in accordance with their respective Terms and Conditions), it being understood that the synchronisation between the payments made with the prepaid card potentially offered in the context of the aforementioned services and the Platform or between the mobile applications and the Platform can take up to forty-eight (48) hours.

6. When such tool will be implemented, each Qualifying employee will be able to select, when encoding or modifying an expense and uploading proof, the nature of said expense (professional or private, the latter including the home to work commutings), it being understood that the nature of trips potentially made through the MyMove mobile application or the Skipr mobile application and automatically added to the Platform are governed by and subject to the respective Terms and Conditions of said services. 

7. All professional trips and expenses automatically or manually encoded are not deducted from the mobility budget allocated to the Qualifying employee, while private trips and expenses automatically or manually encoded shall be imputed to the mobility budget allocated to the Qualifying employee.

8. The Employer have access to aggregated information in relation with each Qualifying employees’ mobility budget and detailed information on their expenses (as agreed upon between the Qualifying employees and their Employer or pursuant to the law of 17 March 2019 regarding the introduction of a mobility budget and its executive royal decrees), and can manage mobility budget of Qualifying employees.

9. All amounts 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.  

8.  Liability

This Article will survive termination of this Agreement.

1. Mbrella Liability

Mbrella shall only be liable to the User for damages or losses directly resulting from Mbrella’s breach of these Terms and conditions. Mbrella’s total liability shall in no event exceed two thousand five hundred (2,500) EUR and Mbrella shall in no event be liable for any damages or losses incurred or sustained by or imposed upon Mbrella 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.

Mbrella 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 Platform or any Services provided by Mbrella, even if Mbrella 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, war and terrorism.

Nothing in this Agreement shall exclude or restrict the liability of Mbrella for:

•  death or bodily injury caused by its negligence or its wilful misconduct; or

•  fraud.

Any exclusion or limitation set forth herein 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 undertake to fully indemnify and hold harmless Mbrella for any and all damages, losses and costs arising out of:

• 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;
• the User’s non-compliance with these Terms and conditions, or their negligence, gross negligence and wilful misconduct.

The User undertake to cooperate with any investigation or assessment regarding damages, losses or costs arising out these Terms and conditions and any incident relating to its performance. 

9. Disclaimer of warranties

1. Mbrella does 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 Mbrella may remove the Services 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 Platform are (except as expressly stated otherwise by Mbrella) 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. 

2. Mbrella does not guarantee, represent, or warrant that the Services are included within the scope of the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees and that such legislation shall apply to Users by using the Platform, the Website and the Services.

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

The Website and/or the Platform contain links to third-party websites or services that are not owned or controlled by Mbrella. Mbrella 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 acknowledge and agrees that Mbrella shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. 

11.  Intellectual Property Rights

1. All Intellectual Property Rights related to the Website, the Platform (in object code and source code form), the underlying models and algorithms of the Platform and of the Website, Mbrella brand and logo, including any rights, title and interest therein, shall at all times remain the sole and exclusive property of Mbrella 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 Platform and/or the Website, Mbrella 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 Mbrella at no cost to the latter.

2. Users agree: (1) not to remove any intellectual property notices in the Platform and on the Website; (2) not to sell, transfer, rent, lease, grant access or sub-license the Platform and the Website to any third party; (3) not to alter or modify the Platform and the Website; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Platform and the Website; (5) not to prepare derivative works from the Platform and the Website and (6) not to use or register the brand “Mbrella”. 

3. Mbrella cannot be held responsible for any abusive or fraudulent use of its name, its logo, its brand or their addresses.

12.  Termination

1. Qualifying employees may terminate this Agreement pursuant to the conditions determined within the internal policy provided by their Employer.

2. Mbrella and/or the Employer may terminate this Agreement upon a notice period as agreed upon between them.

3.     Mbrella shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate or suspend an Account or to terminate the Agreement immediately upon notice via Mbrella’s customer support or via info@mbrella.eu if one of the following events occur, or if Mbrella 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 or suspension of the Account or termination of the Agreement, the User shall no longer be entitled to use the Platform and the Services for the duration of such deactivation or suspension, as the case may be.

13.  General provisions and jurisdiction

1.     The User accept that Mbrella shall have the right to notify the User per pop-up of any changes to these Terms and conditions. The User shall be deemed to have accepted the changes if they continue using the Platform, the Website and Services following the effective date of a 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 this Agreement shall remain in effect. 

3. The mere fact that Mbrella 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 Platform or the Website, please contact your employer or Mbrella (by email at info@mbrella.eu).

2. For questions or complaints directly related to the services performed by the 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 bike, if there is a strike, if you have an accident, etc.). 

Date of last revision: 01/09/2019

‍