fbpx

Terms and conditions

Overview

These terms and conditions (the “Terms and Conditions”) apply to the use of the site www.bevoy.life (the “Site”), including any product and/or service ordered through the Site. No other General Terms and Conditions apply unless otherwise previously agreed in writing.

The Site is operated by Switch On BV (the “Company”), registered in Belgium in the Crossroads Bank for Enterprises under number 0727.484.063, with registered office at groeningenlei 16, 2550 Kontich, Belgium.

Each time a user clicks on the Site, he or she is deemed to accept the General Terms and Conditions in the form that they are published at that time. Each time an order is placed the Site user is required to accept the General Terms and Conditions. When the user creates an account for the Bevoy well-being platform she must also agree to the General Terms and Conditions. The user accepts that the Company may change the Terms and Conditions and Privacy Policy at any time. If the user does not agree to the Terms and Conditions and the Privacy Policy, he or she should not use this Site, nor order products and/or services on the Site.

The information displayed on the Site is intended for general guidance only. Neither the Site nor the products or services offered by the Company constitute, nor are they intended to replace, medical advice, which should be provided by a qualified and registered health care provider.

Article 1. Definitions

In this document, the following terms have the following meanings:

  • The “site”: www.bevoy.life
  • The “user” or “consumer”: any natural person not acting in the exercise of a profession or business.
  • The “employer”: any organization/customer using the Bevoy well-being platform
  • The “company”: Switch On B.V. active on www.bevoy.life
  • A “distance contract”: a contract in which one or more means of distance communication are used exclusively in the context of a sales system organized by the merchant.
  • The “means of distance communication”: means that can be used to conclude a contract, without the consumer and the company meeting simultaneously in the same place.
  • The “grace period”: the period during which the consumer can exercise the right of withdrawal.
  • The “right of withdrawal”: the possibility for the consumer to waive the distance contract within the cooling-off period.
  • A “day”: a calendar day.
  • An “order”: an offer by a user to purchase products and / or services through the site.
  • The “accredited laboratory(s)”: the provider of testing services responsible for performing the screening on the biological sample.
  • The “product”: a kit that allows the user to take and store a biological sample.
  • The “services”: testing of the sample that the user sends to the accredited laboratory and providing the user with the testing information that comes from the accredited laboratory.
  • The “platform”: The Bevoy wellness platform that measures and promotes the mental and physical health of employees.
  • “Lifecoins”: Our notional currency that is collected through various activities and can be redeemed for various rewards.
  • “Rewards”: Various products, services, charities,… that can be redeemed on the platform through “Lifecoins”.

Article 2. Company Details

Company name: Switch On BV

Legal form: Private Limited Company

Business address: Groeningenlei 16, 2550 Kontich

Company number: 0727.484.063

VAT number: BE 0727 484 063

E-mail address: info@bevoy.life

Article 3. Applicability

These general terms and conditions apply to every product and service offered by the company and to every distance contract concluded between the company and the consumer and employer.

Deviation from one or more of the provisions of these general terms and conditions is only possible if explicitly agreed upon and proven in writing. In that case, the remaining provisions of these general terms and conditions shall continue to apply in full. General terms and conditions used by the consumer do not apply.

Article 4. The Offer

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company uses images, they approach as closely as possible a truthful representation of the products and / or services, platform.

Each offer contains such information that makes it clear to the consumer or employer what rights and obligations are associated with accepting the offer. This concerns in particular:

The price; any taxes; the delivery costs; the way in which the contract is concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery or performance of the contract; the period for acceptance of the offer or the period for maintaining the price; the minimum duration of the distance contract in the case of a contract extending to continuous or periodic delivery of products or services.

Article 5. The Contract

The contract enters into effect at the time the consumer or employer accepts the offer and meets the associated conditions.

If the contract is concluded electronically, the company takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure online environment.

The company can inform itself whether the consumer / employer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this research, the company has grounds for not entering into the agreement, the company has the right to refuse an order or request, giving reasons, or to attach special conditions to the implementation.

Article 6. The Price

All prices for the products are expressed in EURO and include VAT and other taxes. The prices of the platform are expressed in EURO and are exclusive of VAT. The consumer owes the price communicated by the company in its confirmation in accordance with article 5 of these terms and conditions. Obvious or overly obvious errors in the quote, such as obviously false values, may be corrected by the Company after the conclusion of the contract.

Article 7. Payment

To ensure the security of online transactions, the company works with recognized payment partners and credit card companies. Payments are processed through the secure system of Mollie that accepts the following (credit) cards: Visa, Mastercard, Bancontact.

At your request and after agreement by both parties, it is possible to pay for products, services or the platform via a bank transfer. In the case of a bank transfer, we apply a payment term of 30 days, unless otherwise agreed. Actions and discounts, unless otherwise agreed, are one-time only. Each Agreement, when renewed, is automatically renewed as an Agreement to which no promotions and/or discounts apply.

Online payments are therefore made through a closed security system, which always encrypts your bank details when they are sent over the Internet. Loss or theft of the consumer’s identity or credit card information is minimized. Therefore, identity theft or financial theft cannot be held against the company.

The Company is not a party to the relationship between the consumer, employer and card issuer. If a credit card payment method is chosen, the terms and conditions of the respective card issuer apply.

The consumer’s order is effective only if the secure bank payment institution has authorized the execution of the financial transaction. In case of refusal of the secure bank payment institution, the order will be automatically cancelled and the consumer will be notified by email.

The consumer and employer is also responsible for all costs, of any kind, incurred by the company as a result of the customer’s non-compliance with his (payment) obligations.

Article 7 A. The payment of remuneration

If there is any question of Bevoy paying for the “rewards” purchased by the employer/user
purchased, periodic invoicing will take place by Bevoy to the employer, with an account of the rewards purchased.

Article 8. Right of withdrawal

When purchasing products on the site, the consumer has the opportunity to dissolve the remote agreement for a period of fourteen days, starting on the day of entering into the agreement.

During this period the consumer will treat the product and packaging with care. If he exercises his right of withdrawal, he will return the product with all accessories and – as far as reasonably possible – in its original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.

The Company’s products are hygienic products. A test cannot be used or sold after opening. Therefore, the company has a limited right of withdrawal where only the products that do not work properly after opening can be returned. The products for which the activity is good, the company cannot take back after opening or after use.

If the consumer uses his right of withdrawal, he is liable for up to the cost of returning the goods. If the consumer has already paid an amount, the company will refund this amount as soon as possible.

When providing services, the consumer has the opportunity to terminate the contract without giving reasons for a period of fourteen days, starting on the day the contract was concluded.

Article 8 A. Right of withdrawal and termination of the Bevoy well-being platform

The Company (Bevoy) only offers annual (1 year) subscriptions.

The subscription will automatically renew upon the expiration of the subscription period (1 year), until the employer or we explicitly terminate the Service with a notice period as further stated in this clause 8A.

There will be no refunds or credits for partial years of Service, upgrade/downgrade refunds, Account cancellations, or refunds for unused years with an open Account. If you have any questions about charges that have been made, please contact us immediately. If the charge was made in error, we will credit your account for the correct amount.

We reserve the right to change the prices for the Service and any associated additional services at any time upon thirty (30) days’ notice. Such notice may be provided at any time by posting the changes on the Service itself. In the event that you do not accept the price change, you are free to terminate the Service during the notice period further described here.

You must provide us with accurate billing information and keep us informed if they change.

Termination without Cause by You. You may terminate this Agreement at any time upon the required notice. If You terminate the Service fifteen (15) days prior to the end of Your current subscription period, Your termination will be effective immediately and Your subscription plan will not automatically renew. Company will notify You in advance when Your subscription plan is about to end. Termination by you will only be considered valid if given by the Account Owner.

Consequences of Termination. You understand that if you terminate these Terms and Conditions, you will lose access to our platform and all Customer Data you have provided. You understand that we are not obligated to provide you with copies of any such Customer Data, nor are we obligated to maintain copies of any such Customer Data on our platform.

Article 9. Delivery and execution

The company will take the utmost care in receiving and carrying out orders for products, as well as in assessing applications for the provision of services.

The place of delivery is the address that the consumer has given to the company.

The company will execute orders no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed about this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without cost and the right to possible compensation.

In case of dissolution of the agreement as referred to in the previous paragraph, the company will refund the amount paid by the consumer no later than 30 days after dissolution.

If delivery of the ordered product proves impossible, the company will make every effort to deliver a replacement product. At the latest at the time of delivery, a clear and comprehensible notification that a replacement product has been delivered. The right of withdrawal cannot be excluded in the case of replacement items. The cost of any return shipment shall be borne by the company.

The company assumes no responsibility for late deliveries or for an order lost due to third parties or unforeseen circumstances or cases of force majeure. If an order is not delivered within the specified time, the courier will conduct an investigation that may take several days. During this period, it is not possible to issue a refund or another shipment.

Article 10. Liability

If for any reason the company must compensate a consumer for damages, such compensation is limited to an amount equal to the invoice value of the products and/or services purchased.

The company cannot be held liable for:

Damages in case of bad or incorrect use of the products. The consumer should first read the instructions for use carefully. If the instructions in the manual are not (correctly) followed, this may affect the reliability of the test result; The absence of medical advice; Damage caused by no or insufficiently specialized follow-up by a (general) practitioner. The test results of the products are purely indicative. The company is solely responsible for the distribution of the products and the communication of the test information from the accredited laboratory; Possible modifications of the products by the manufacturer, errors in the manufacturer’s leaflet or technical defects of the products; Deviation from the images on the website regarding the products supplied. These images are purely informative; The content of Internet sites to which the user can click through this website. 

Employer acknowledges and accepts that Bevoy’s platform is delivered as is. Employer agrees not to hold Bevoy liable with respect to claims of the employer arising from the use of the platform. Employer indemnifies Bevoy against any claim or demand from any third party arising out of or through the use of the platform.

Any liability of Bevoy arising as a result of intent or wilful recklessness on the part of Bevoy, is limited to the maximum amount per claim paid out in that case under Bevoy’s liability insurance policy.

If, for whatever reason, the aforementioned insurance does not pay out or no payment is made, Bevoy’s liability will be limited to a maximum of the amount invoiced by Bevoy to the employer and paid by the employer in the most recent contract year. Bevoy is in no way liable for any form of indirect damage.

The Bevoy well-being platform may from time to time be temporarily unavailable for maintenance or other reasons. Bevoy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of the Content. B

evoy is not responsible for any technical malfunction or other problem of any telephone network or service, computer systems, servers or providers, computer or cell phone equipment, website, failure of email or players due to technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, cell phone or other hardware or website, related to or resulting from the use, uploading or downloading of materials in connection with our platform. Under no circumstances will Bevoy be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our platform, or from interactions between users and employers of our platform, online or offline.

Article 11. The processing of personal data

The information provided by the consumer is necessary for processing and completing orders, preparing invoices and delivering results. The consumer’s personal data is only processed in accordance with the applicable privacy policy, which can be consulted on the company’s website.

Article 12. Handling of complaints

Complaints about the performance of the contract must be submitted to the company within a reasonable time, fully and clearly described, after the consumer or employer has identified the defects. If a consumer or employer does not agree with the company and has already consulted it on this matter, the consumer can seek advice or file a complaint with the European ODR platform.

Article 13. Applicable law and competent court

All agreements between the consumer and the company are exclusively governed by Belgian law. All disputes relating to or arising from offers made by the Company or agreements entered into with the Company shall be submitted to the Corporate Court of Ghent, Ghent Branch, unless a mandatory legal provision expressly designates another court as the competent court.

Article 14. About the reports

The information in the reports is not intended to treat, diagnose or cure any medical condition or disease.

Article 15. About Lifecoins and Rewards

Users are rewarded with Lifecoins through the Bevoy wellness platform.

Lifecoins are non-transferable, have no monetary value and cannot be exchanged for cash. They may not be “sold” to a third party. We reserve the right to deduct Lifecoins from a user account in the event of a breach of the terms of this license.

The number of Lifecoins required to redeem against a reward or benefit is subject to change at our sole discretion and that of the applicable Employer, and a previous redemption value is not indicative of a future redemption value. 

The rewards and benefits offered through the redemption of Lifecoins (and their expiration date or other terms) may change over time, and may be changed or excluded from redemption from time to time in our sole discretion and that of the applicable Employer.

We are under no obligation to allocate Lifecoins to a user’s account in any situation in which they are not validated by our systems, even in the event that a device’s data suggests that they should be allocated based on activity.

Any decision on the allocation or removal of Lifecoins is in our absolute discretion and our decision on whether Lifecoins should be allocated or removed is final.

Once Lifecoins have been redeemed for a reward or benefit they will not be credited to a user’s account again, whether or not they have changed their mind in wanting to receive the reward or benefit in connection with which they were redeemed.

In the event that we miscalculate the number of Lifecoins redeemed with respect to a reward or benefit, we may, in our sole discretion, re-credit your account or at least arrange for redemption.

When you leave employment or your employer terminates its contract with us your access to the platform will end. When your access ends your Lifecoins will be deleted.

After purchasing a reward through our partner network, the redemption of that reward is made directly with the supplier and we are not responsible for the delivery, quality or otherwise of any goods and services received or provided or the failure of any supplier to honor a redemption or make a specific reward available.

The User’s purchase in the Web Shop of purchased (discount/gift) vouchers/(discount) vouchers cannot be revoked.

The terms and conditions of the Supplier of the service/product shall apply to the
redemption of the voucher at the supplier. For dissolution and/or return of
the product and any costs, the Customer must consult the terms and conditions of the
Supplier.

Through the Bevoy well-being platform, it is also possible for an employer to add its own rewards. The platform sends a notification to the HR responsible who further takes care of the handling of the gifts. We are not responsible for the content, delivery, quality of the rewards that are added themselves.

Article 16. Publicity

Subject to express written objections, you authorize Bevoy to use for its own business promotion: Your name and logo as a customer reference. In case of disagreement reported after publication of a document prepared in accordance with this clause and regardless of the media, you will only be able to demand its destruction.

Article 17. Intellectual Property

These Terms and Conditions are not intended to and should not be be construed as modifying the ownership rights or licenses to Intellectual Property of the Client or of Bevoy. The Customer and Bevoy agree that these Terms and Conditions do not entitle them to claim any Intellectual Property to which, prior to the signing of these Terms and Conditions, they were not entitled. Bevoy is and will remain the exclusive owner of all its Intellectual Property relating to its products and services including, but not limited to, the Intellectual Property underlying or incorporated, included or used in Bevoy’s technology, Bevoy Services, website or software.