TERMS AND CONDITIONS
Last updated: November 18th, 2016
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Deal System, and agree without conditions that the relation are governed by these terms. If you do not agree to these Terms, you may not access or use the Services.
These Terms, which determine alone the parties’ rights and duties, expressly supersede prior agreements or arrangements. Deal System may immediately terminate these Terms or any Services with respect to you, or generally cease or modify offering or deny access to the Services or any portion thereof, at any time for any reason, without any financial compensation.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Deal System may amend the Terms related to the Services from time to time. Amendments will be effective upon Deal System’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Deal System may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
Deal System provides you with a technology platform that enables users of Deal System’s mobile applications or websites to arrange and schedule services provided under the "Titres-Services" legislation by independent third party providers of such services and approved by the Belgian State to provide such service under "Titres-Services" regulations, including independent third party cleaning/transportation/Interim companies under agreement with Deal System or certain of Deal System’s affiliates (“Third Party Providers”).
Deal System chooses a series of companies working under the legislation of “Titres-Services”, which provides services to which you want to benefit on the geographical area where you want this service to occur.
When you send a service request through the technology platform, Deal System transfers your request to several companies which may be eligible to make an offer and execute it.
The companies to which your request has been transferred have the opportunity to directly send you an offer for the requested service. Deal System manages the flow of communication between you and these companies, but Deal System can’t guarantee that your request will generate an offer from one or several companies.
In case your request has generated a large number of offers, Deal System will filter them, taking into account several criteria (the relevancy of the offer, the rating of the employee, the rating of the company,..) in order to show you only the most relevant offers.
Once you have ordered the offer which fits your needs at best, Deal System informs the selected company about it. In order to ease the execution of the contract, we provide both parties with information (name, address, telephone, emails,..). In no case Deal System may be held responsible of the good execution of the contract which you have agreed upon by using our technology platform.
Unless otherwise agreed in a separate written agreement with you, the Services are made available solely for your personal, non commercial use.
YOU ACKNOWLEDGE THAT DEAL SYSTEM DOES ONLY PROVIDE SERVICES DESCRIBED HERE ABOVE AND DOES NOT PROVIDE IN ANY CASE ANY SERVICES UNDER THE LEGISLATION OF TITRES-SERVICES, AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DEAL SYSTEM OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Deal System grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non commercial use. Any rights not expressly granted herein are reserved by Deal System and Deal System’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Deal System; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under various brands which belong to Deal System or request options associated with Services request brands currently referred to as “Deal System”, “Mariette”, “Mariette.be”, “Mariet”, en “mariet.be”.
Third Party Services and Content.
The Services and all rights therein are and shall remain Deal System’s property or the property of Deal System’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Deal System’s company names, logos, product and service names, trademarks or services marks or those of Deal System’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, youmust register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
Account registration requires you to submit to Deal System certain personal information, such as your name, address, mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the Services or Deal System’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted beforehand by Deal System in writing, you may only possess one Account.
User Requirements and Conduct.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services.
Deal System may, in Deal System’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Deal System establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Deal System; (iii) may be disabled by Deal System at any time for any reason without liability to Deal System; (iv) may only be used pursuant to the specific terms that Deal System establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Deal System reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Deal System proves that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Deal System may, in Deal System’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Deal System through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Deal System, you grant Deal System a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Deal System’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Deal System the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Deal System’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Deal System in its sole discretion, whether or not such material may be protected by law. Deal System may, but shall not be obligated to, review, monitor, or remove User Content, at Deal System’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Deal System does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”).
=> You agree that you already have subscribed an account « Titres-Service » with the legal company assigned by the Belgian state (Today, it is Sodexo), and that you have enough cheques “Titres-Services” to pay for the third party service company
=> You agree that Deal System is only an intermediary which puts you in relation with a third party « Titres-Service » company.
=> You agree that there is no intervention of Deal System in the transaction between you and the third party « Titres-Service » company.
=> You agree that Deal System is not responsible about any legal action that a third party « Titres-Service » company would initiate.
=> You do agree that Deal System is not responsible for any possible damages which may have occurred by the employee of the third party « Titres-Service » company during the execution of the contract. You also agree that Deal System may not be held responsible regarding the bad quality or the non-execution of the ordered services.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DEAL SYSTEM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DEAL SYSTEM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DEAL SYSTEM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
DEAL SYSTEM SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DEAL SYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEAL SYSTEM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DEAL SYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEAL SYSTEM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DEAL SYSTEM’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Deal System and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Deal System’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the Belgian laws, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted through a mediation proceedings, under which Parties agree to make their best effort to settle the dispute in an appropriate way.
If such Dispute has not been settled within sixty (60) days after a request for amicable settlement, such Dispute can be submitted to and shall be exclusively and finally decide by The Brussels Courts, in French, and for dispute depending of its jurisdiction, by the Justice of Peace of Forest.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Deal System’s designated agent. Please visit Deal System’s web page at https://www.mariette.be/en/contact-www-mariette-be for the designated address and additional information.
Deal System may give or transmit notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Deal System by written communication to Deal System's address at 262 Van Volxem Ave., 1190 Brussels, Belgium.
You may not assign or transfer these Terms in whole or in part without Deal System’s prior written approval. You give your approval to Deal System for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Deal System’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Deal System or any Third Party Provider as a result of the contract between you and Deal System or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”