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Terms & Conditions

By accessing or using this website, you agree to the terms of use of our website set out below:

  1. In general

 

APEREAU BVBA, with registered offices at 2000 Antwerp, Belgium, Emiel Banningstraat 39, and company number 0426.772.185 (hereinafter “APEREAU”), is the organizer of the “APEREAU” events (hereinafter “the Events”) and owner of the “APEREAU” trademark (hereinafter the “Trademark”).

 

Every visitor of the Event(s) or the website https://account.playpass.eu/apereau (hereinafter the “Website”) can buy a (physical) payment card (hereinafter the “APEREAU card”) and register online to create an APEREAU profile (optional).

 

Each APEREAU card is equipped with NFC - Near Field Communication - technology allowing visitors to make cashless payments at the Event(s).

 

To get access to additional services and promotions offered by APEREAU, visitors can register their APEREAU card through APEREAU’s online card registration service.

 

The present Terms of Use govern (i) the use of the APEREAU card and (ii) the use of the Website, housing the online card registration service.

 

The term “Service” used hereinafter refers to the whole of visiting and/or using the Website and the APEREAU card.

 

By using the Service, you acknowledge that you have read and accepted the present Terms of Use.

 

When you do not want to make use of the online card registration service, the APEREAU card can simply be used to make cashless payment at one of the Events.

 

  1. Content and availability of the Service

 

The aim of the Service is politically and religiously neutral, and APEREAU tries to avoid any discrimination in its broadest sense.

 

Information added to the Service by APEREAU is the result of profound research and analysis. Nonetheless, the information is supplied without any guarantee of completeness, accuracy and/or actuality.  

 

The Service may contain or refer to hyperlinks to other websites or webpages of third parties APEREAU has no control over the content or other characteristics of those websites or webpages, and APEREAU cannot be held responsible for the content or characteristics of those websites or webpages.

 

You understand and accept that APEREAU may use third party services and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

  1. Use of the service

 

Only if you are aged 18 years or older, you are allowed to use the Service without supervision.

 

If you are under 18 and want to use the Service, you need to be supervised by at least one of your parents. APEREAU is not liable if people under 18 years old use the Service without parental control.

 

As a user of the Service, you understand and agree that:

 

  • You are not allowed to copy, duplicate, reproduce, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service;
  • You are not allowed to use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service. You may not frame or utilize framing techniques to any part of the Service;
  • You are not allowed to upload or transmit any worms, viruses or any code of a destructive nature;
  • You are not allowed to modify, adapt or hack the Service or modify any third party website to falsely imply that it is associated with the Service;
  • You are not allowed to try to or effectively collect and/or use usernames, passwords, e-mail addresses or other personal data of other users of the Service for any purpose;
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.

 

APEREAU reserves the right to modify or discontinue, temporarily or permanently, the Service, any part or just your use thereof with or without notice at any time.

 

  1. Account creation and card registration

 

To be able to use one or more of the online services, you must register your APEREAU card.

 

You can register your APEREAU card online, via the Website.

 

You first need to create a user account (hereinafter “Account”).

 

Creating this Account is free. You agree to fill in true, accurate and complete information about yourself, which is required in the registration form, and to update the information when needed. 

 

Your personal data will be processed in accordance with APEREAU’s Privacy Policy.

 

Only physical persons are allowed to create an Account. Accounts registered by “bots” or other automated methods are not permitted.

 

You must provide a valid e-mail address and a unique password in order to be able to sign up. The unique password needs to consist of minimal 8 characters.

 

Subsequently, a message with a confirmation link will be sent to the provided e-mail address. You need to click the confirmation link, after which the Account will automatically be activated.

 

Once activated, you can log in to your Account at any given moment in the future, using the provided e-mail address and password. 

 

An Account may only be used by one single person. One person may not maintain more than one Account.

 

You are solely responsible for all activity under your Account.

 

You are solely responsible for maintaining the security of your Account (including e-mail and password for login). You will promptly inform APEREAU of any established unauthorized use of your Account or any other security problem. You will log out of your Account at the end of every session. APEREAU cannot and will not be liable for any loss or damage as a result of your failure to comply with the aforementioned security obligations.

 

Unless in case of intentional or gross negligence on the part of APEREAU, the latter is not liable for any loss or damage arising from the incorrect or careless use of your Account and password.

 

Cashless payment service

 

In order to make use of the cashless payment service you will have to charge your card (i) at an Event or (ii) on the Website by purchasing virtual tokens.

 

On the Website you will be taken to a landing page where you have to choose your payment method. Depending on your choice of payment method, you will have to agree with the specific terms and conditions as determined by the according payment provider (governing the direct contractual relation between you and the payment provider).

 

By clicking the “agree and continue” button, the cashless payment service will automatically be activated, and you will be transferred to the “My APEREAU Card” page, where you get an overview of your consumptions and balance.

 

When you visit an Event, your tokens will automatically be linked to your APEREAU card and you’ll be able to pay with it at the goods and service providers accepting the cashless payment service.

 

Refunds

 

After the last Event of the APEREAU season, you will be able to get a refund of your remaining tokens. In your personal account you can request this refund between 1/10/2018 and 31/10/2018.

 

Loss

 

In case you lose your APEREAU card, we kindly ask you to inform APEREAU immediately. We will block the card as soon as possible.


 

  1. Intellectual property rights

 

The APEREAU Trademark and the Service are protected by various intellectual property rights. Without the prior, express and written authorization of APEREAU, you may not change anything, as a whole or in part, copy, rent, lease, loan, sell, distribute or create derivative works based on the APEREAU Trademark or the Service. 

 

Nothing in these Terms of Use may be construed as granting implication, exception, license or right to use the APEREAU Trademark displayed through our Service without the prior written authorization of APEREAU.

 

All texts, drawings, photographs, films, images, data, databases, software, names, trademarks, logo’s and other elements of the Service and as displayed on the APEREAU cards are protected by intellectual property rights and belong to APEREAU or third parties.

 

All databases of the Website are subject to the legal protection of databases, both on their structure as on their content.

 

They may not be used in connection with any product or service that is not APEREAU’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits APEREAU. All other trademarks not owned by APEREAU that appear or might appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APEREAU.

 

It is strictly prohibited to save, reproduce, modify, publish, distribute, transmit or sell information and content provided on or through the Website.

 

  1. Limitation of liability

 

You understand and agree that APEREAU cannot and will not be liable for any indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if APEREAU has been advised of the possibility of such damages).

 

Furthermore, any liability is explicitly excluded for damages resulting from:

 

  • Malfunctions, interruptions or errors in the electronic delivery of services or information through the Website;
  • Viruses that may, despite the precautions taken, occur on the Website;
  • An error and/or negligence committed by employees of APEREAU;
  • Fraudulent falsification of data by third parties, due to unauthorized intrusion into the Website;
  • Statements or conduct of any third party on the Website;
  • The inability to use the Service;
  • Unauthorized access to or alteration of your transmissions or data;
  • The loss of your APEREAU card.

 

  1. Third party license and service provider

 

For the delivery of the Service and corresponding technology (including technical support), APEREAU engaged PLAYPASS NV, with registered offices at 2018 Antwerp (Belgium). PLAYPASS NV operates as a technical service provider, in name and for the account of APEREAU. PLAYPASS NV is not a party to the contract between you and APEREAU arising from the acceptance of the present Terms of Use.

 

  1. No warranty

 

The use of the Service is always at your own risk.  The Service is provided on an “as is” and an "as available" basis.

 

APEREAU does not give any guarantee that (1) the Service will meet your requirements and (2) the Service will be uninterrupted, timely, secure, or error-free. 

 

We do not guarantee that the the Service will be compatible with all of your hardware and software. We cannot be held liable for any damages to, viruses or other codes that may have an influence on, software or other data as a result of your access to or use of the Service. 

 

  1. Miscellaneous

 

APEREAU may, at its sole discretion, modify and revise the present Terms of Use at any time. The modified or revised Terms of Use become applicable at the moment they are published on the Website.

 

The failure of APEREAU to exercise or enforce any right or provision of the present Terms of Use shall not constitute a waiver of such right or provision.

 

APEREAU may transfer its rights and obligations arising from the present Terms of Use to third parties.

 

In case one or more aspects of the present Terms of Use, in whole or in part, are or seem to be unenforceable, this does not affect the validity and enforceability of the remaining provisions.

 

  1. Applicable law and competent court

 

The present Terms of Use are governed by Belgian Law.

 

Parties agree that, in case of any dispute related to the Service and/or the Website (including but not limited to the present Terms of Use), only the courts of Antwerp, Belgium are competent.