General Terms and Conditions of the CheckSupplier app 

0. CHANGES IN COMPARISON WITH THE PREVIOUS VERSION OF THESE GENERAL TERMS AND CONDITIONS
Not applicable (no changes yet).

1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern CheckSupplier BV's offer of the CheckSupplier App and the services associated with it and are available in Dutch, French and English. All these versions have the same legal value. 

Please read these General Terms and Conditions carefully before starting to use the CheckSupplier App. By installing, using or accessing the CheckSupplier App, you confirm that you are bound by these Terms and Conditions, which may be amended from time to time.  

If you do not agree with the content of one or more of these Terms and Conditions, please refrain from installing, using or accessing the CheckSupplier App and related services, or stop doing so.  

Please note that the use of certain functions offered by the CheckSupplier App may also be subject to the Terms of Use relating to services offered by third parties, business partners of CheckSupplier BV. Please also consult these general terms and conditions. 

2. DEFINITIONS
Capitalized words in these General Terms and Conditions will have the following meaning:
  • CheckSupplier BV: CheckSupplier BV, with registered offices at Jonkersaard 11, 2650 Edegem, Belgium, company number 0729.751.833.  
  • User/ you/ your: You, in your capacity as user of the CheckSupplier App;  
  • CheckSupplier Account: your personal user account that allows you to use the CheckSupplier App; 
  • CheckSupplier App: the application for Android or iOS mobile devices (e.g. mobile phones, tablets or any other similar device as they become available from time to time), offered by CheckSupplier BV, as described below;  
  • CheckSupplier Brand: the word "CheckSupplier" and all figurative marks, names, logos, trade names, logotypes and other indications, symbols and brands, which are the property of CheckSupplier BV and/or its affiliated companies or which they manage, license or otherwise control, now or in the future, anywhere in the world, whether registered or not; 
  • CheckSupplier Website: https://www.checksupplier.eu
  • Agreement or General Terms and Conditions: these General Terms and Conditions (including the Privacy Policy) concluded between you as a User and CheckSupplier BV; 
  • Device: the mobile phone on which you use the CheckSupplier App.

3. DESCRIPTION AND FUNCTIONS OF THE CHECKSUPPLIER APP 

3.1. GENERAL 
The CheckSupplier App is a mobile application for Android or iOS mobile devices, offering a range of services and functions that allow you to easily avoid paying too much for your telecom subscription.

3.2. AVAILABILITY OF THE CHECKSUPPLIER APP AND THE CHECKSUPPLIER SERVICES
The CheckSupplier App is only available to smartphone users who are 18 years of age or older. The availability of the various services and functions offered via the CheckSupplier App may vary from time to time, depending among other things on - but not limited to - the type of device you use to access these services and functions or their operating system, or your country of residence. For the time being, the app is only available to users who have a telecom subscription in Belgium.

3.3. THE FUNCTIONS OF THE CHECKSUPPLIER APP 
The CheckSupplier App:

  • Will remind you to check on a regular basis if you still have the appropriate telecom subscription. 
  • Measure your telecom usage. If this is not technically possible, you can enter your telecom usage yourself. 
  • Offers a selection of telecom subscriptions adapted to your telecom usage and your personal profile; 
  • Allows you to subscribe to the telecom provider of your choice.

4. DISCONTINUATION OF THE CHECKSUPPLIER APP
You can always stop using the App and remove the App from your Device. 

5. GETTING ACCESS TO THE CHECKSUPPLIER APP 

5.1. USING THE CHECKSUPPLIER APP 
To be able to use the CheckSupplier App, you need to follow the steps below: 
  • Step 1 - Download the CheckSupplier App 
    First download the CheckSupplier App on your mobile phone through the App Store or Google Play Store. 
  • Step 2: Safety features 
    The CheckSupplier App provides checks to make sure messages do come from your Device.  
  • Step 3 - Fill in your telecom preferences and personal data 
    Step by step you fill in your telecom preferences and personal data.  
  • Step 4
    The CheckSupplier App suggests suitable subscriptions. 
  • Step 5
    Choose from the proposed subscriptions and click on the "SUBSCRIBE" button. 
  • Step 6
    Your order will be processed by the business partner of CheckSupplier BV.

5.2. ACCESS TO AND USE OF THE CHECKSUPPLIER APP 
Access to and use of the CheckSupplier App is reserved for natural persons of 18 years and older who wish to have a telecom subscription in Belgium.  

CheckSupplier BV reserves the right to deny your access to the CheckSupplier App at any time in the event of technical problems, suspicions of improper or fraudulent use, or any other objective security reason.  

You agree that you shall at all times comply with the General Terms and Conditions and all applicable laws and regulations concerning the use of the CheckSupplier App.  

You undertake not to permit any other party to use the CheckSupplier App for or in connection with any illegal purpose or activity.

6. PERSONAL USE 
The CheckSupplier App is limited to the person under whose name the CheckSupplier Account is created and may not be used by any other person.

7. COMPLAINTS, REDRESS AND CUSTOMER SUPPORT 
For questions or problems regarding the CheckSupplier App, please consult the CheckSupplier Website. 

All communications with CheckSupplier BV may be in Dutch, French, or English. 

8. YOUR OBLIGATIONS 

8.1. GENERAL OBLIGATIONS 
You must use the CheckSupplier App in accordance with these General Terms and Conditions.

Never allow anyone other than yourself to use your CheckSupplier App.  

You hereby confirm that you are the rightful holder of the mobile phone number and e-mail address that you provide to CheckSupplier BV and that you alone have access to this mobile phone number and e-mail address. You acknowledge that You are solely responsible for access to your Device and email address and You agree that neither CheckSupplier BV nor its business partners are responsible for verifying the connection between You and the mobile phone number and/or email address provided by You. 

8.2. SECURITY MEASURES 
You should also take appropriate precautions/security measures for the CheckSupplier App, such as (non-exhaustive) 
  • Never leave your Device unattended;  
  • Never allow another person to use your Device;  
  • Use antivirus software and firewall, and never download illegal or hacked software;  
  • Use secure (wifi or mobile data) internet connections;  
  • Keep your operating systems and software up-to-date; 
  • Do not click on pop-up windows or hyperlinks that say your Device is infected with a virus; 
  • Be careful with attachments to incoming emails;  
  • Use strong passwords (a strong password is composed of upper and lower case text with numbers and symbols);  
  • Be careful with the type of information you share on social networking sites; 

9. RIGHT OF USE AND INTELLECTUAL PROPERTY 
CheckSupplier BV is the owner of all intellectual property rights and know-how regarding the CheckSupplier App, including the CheckSupplier trademark, all copyrights, database rights and software rights in the material included on, in or via the CheckSupplier App, including all information, data, text, music, sound, photos, drawings and video messages and all source codes, software compilations and other material owned by CheckSupplier BV or its licensors.  

CheckSupplier BV grants you, for the duration of the Agreement, a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive license to use the CheckSupplier App for your personal purposes in accordance with the current General Terms and Conditions. This license will include any future updates made available to You from time to time, provided that You understand and agree that such updates may be subject to different pricing arrangements and additional terms and conditions about which You will be informed at the time such update is made available.  

Without prejudice to your rights regarding the protection of computer programs, you may never: 
  • Adapt, translate or change any component of the CheckSupplier App (including software related to it) in any way;  
  • Decompile or disassemble any component of the CheckSupplier App (including any software connected to it) in any way;  
  • Copy a component of the CheckSupplier App (including any software connected to it) in any way, except to make a back-up copy; 
  • Transfer, alienate, sub-licence, lease, lend, or distribute a component of the CheckSupplier App (including related software) or related documentation to third parties in any way;  
  • Introduce the CheckSupplier App or a component of it into other programs or create derivative works based on a component of the CheckSupplier App; 
  • Use the CheckSupplier App, in whole or in part, or any confidential information related to it, to create software that is functionally equivalent to the CheckSupplier App or any part of it;  
  • Use the CheckSupplier App in a manner that could result in the solicitation, purchase, or commission of any unlawful or criminal activity or any activity that may cause damage or injury to any person; and/or;  
  • Remove, interfere with, or change the proprietary notices (including trademark and copyright notices) associated with or contained within the CheckSupplier App.  

CheckSupplier BV reserves the exclusive right to correct errors in the software or documentation.  

Nothing in the CheckSupplier App may be interpreted as granting a license or right to make commercial use of a trademark, intellectual property right or copyrighted work of CheckSupplier BV or its licensors without their prior written permission. 

10. OBLIGATIONS OF CHECKSUPPLIER BV 
CheckSupplier BV will make every commercially reasonable effort to ensure the continuity of the availability of the CheckSupplier App and the services associated with it. It may suspend access to the CheckSupplier App for maintenance or in the event of any urgent circumstances (including fraud or a suspicion of or risk of fraud) without any notice or compensation.  

CheckSupplier BV cannot guarantee the continuous, uninterrupted or error-free operation of the CheckSupplier App. The CheckSupplier App may be delayed, unavailable or inaccurate from time to time as a result of various factors including location, speed of Internet connection, technical reasons, maintenance and updates. The CheckSupplier App is available on your Device when it is within the operating range of a mobile operator. The quality of the services may depend on the Device used.

11. LIABILITY AND EXCLUSION OF WARRANTIES  

11.1. SCOPE, EXCLUSION AND LIMITATION OF LIABILITY 
CheckSupplier BV is not liable for any loss (i.e. loss, liability, costs, claims, damages, fees and expenses including all legal and other professional costs and expenses), direct or indirect. 

For example (non-exhaustive list), losses due to: 
  • The faulty operation of your Device or of the communication services, hardware or software provided by a third party;  
  • Any reason beyond CheckSupplier BV's control (Force Majeure). For the purposes of this Agreement, Force Majeure is considered to be any unforeseen event that is beyond CheckSupplier BV's reasonable control or that cannot reasonably be avoided, and which prevents or delays the performance of obligations under the Agreement by CheckSupplier BV or any other person acting on its behalf, including natural disasters, the outbreak or escalation of hostilities (regardless of whether a state of war has been declared) hacking or an internet attack which could not be prevented by reasonable security measures, any other illegal action against the public or the authorities, unpredictable actions by the authorities, strikes or other social disputes, government restrictions or interruptions of power or communication lines, suspension of payments, insolvency, receivership, judicial reorganisation, bankruptcy or liquidation of a third party;  
  • Non-compliance by You with the security precautions and/or instructions as provided above;  
  • The unavailability of the functions, mobile applications offered by providers and/or third parties;  
  • Illegal, unethical, fraudulent or criminal activities, negligence or omission by the CheckSupplier provider and/or a third party.  
  • Hacking and/or the spreading of computer viruses, bugs or other malware, faulty operation or errors.  
  • Without prejudice to the above, CheckSupplier BV and its business partners will under no circumstances be liable for  - Any indirect, additional or consequential damage, including loss of or damage to clients, loss of data or time, loss of income, loss of profit, disruption of business activities, claims by third parties, reputational damage or loss of savings, even if CheckSupplier BV had been advised on this or was aware or should have been aware in some other way of the possibility or likelihood of such damage, and this regardless of whether the cause of the claim is contractual, extra-contractual (including negligence) or on other grounds and regardless of whether one of the limited legal remedies provided below is destined to fail in its essential purpose; - Any direct damage, other than that caused exclusively by CheckSupplier BV's own gross negligence or deliberate error; 

11.2. EXCLUSION OF GUARANTEES 
Although CheckSupplier BV will make reasonable efforts to ensure that all information documents relating to the CheckSupplier App are correct, their accuracy cannot be guaranteed and neither CheckSupplier BV nor its business partners accept any responsibility or liability for the accuracy, completeness and authenticity of any information.  

The CheckSupplier App and all its parts are provided as they are and in the state in which they are. All warranties, express or implied and including any warranty of merchantability, title/non-infringement, quality of information or fitness for a particular purpose, are hereby excluded. None of the information that you obtain from CheckSupplier BV or its business partners constitutes a guarantee that is not explicitly stated in this Agreement. CheckSupplier BV and its business partners exclude, without restriction and within the legal limits, all possible guarantees regarding the availability of the CheckSupplier App or the associated software, unless this is explicitly provided for in the Agreement, or regarding the error-free operation thereof, the fact that defects will be remedied and the fact that the software is free of viruses or other harmful components. You use the CheckSupplier App at your own risk. All information downloaded or otherwise obtained through the CheckSupplier App is provided at your own risk, and you are entirely responsible for any damage to your computer system resulting from the use of the CheckSupplier App, including, but not limited to, damage caused by computer viruses.

12. PROOF 
The recording of telephone calls using the telephone number provided for customer support is subject to the provisions of the CheckSupplier Privacy Policy. This information may be used as proof of the content of the telephone call, for orders or requests you make, among other things. In the event of a dispute, these recordings may be used as evidence for the competent institution to resolve the dispute. 

CheckSupplier BV may keep an internal log of all activities concerning your use of the CheckSupplier App (including the creation of the CheckSupplier Account, use of the CheckSupplier App, possible blocking of the CheckSupplier Account and removal of the CheckSupplier Account). CheckSupplier BV may use this data as evidence in the event of a dispute between you and CheckSupplier BV regarding the services provided by the CheckSupplier App, without prejudice to any counter-evidence you may provide. CheckSupplier BV will handle this internal log in accordance with the applicable privacy legislation and its Privacy Policy as described on the CheckSupplier Website.

13. DURATION AND TERMINATION OF THE AGREEMENT 
This Agreement is entered into for an indefinite period of time.  

You can terminate this Agreement at any time with immediate effect without compensation.  

CheckSupplier BV may also terminate the Agreement or certain services related to the CheckSupplier App at any time, without compensation, with one month's notice.  

Without prejudice to its other rights available under the law or the Agreement, CheckSupplier BV also reserves the right to terminate the Agreement immediately, or to suspend the performance of the Agreement, or to refuse or limit your access to the CheckSupplier App and/or the CheckSupplier Account at any time if you violate the current Agreement (including the use of the CheckSupplier App in a way that conflicts with these General Terms and Conditions).  

CheckSupplier BV may also suspend performance of the Agreement or deny or limit access to the CheckSupplier App and/or your CheckSupplier Account at any time: 
  • If CheckSupplier BV becomes aware of facts that affect the relationship of trust between You and CheckSupplier BV or damage or threaten to damage the reputation of CheckSupplier BV;  
  • If there is a reasonable suspicion of fraud or a risk of improper or fraudulent use of the CheckSupplier App;  
  • In case of technical problems;  
  • In case of any other objective security reason.  

Upon termination of the use of the CheckSupplier App, these General Terms and Conditions, including all rights and licenses hereby granted, will also end, except for Sections 11 Liability and Exclusion of Warranties, 13 Provision of Evidence, and 19 Applicable Law.

14. RATES FOR THE CHECKSUPPLIER APP  

14.1. FEE FOR THE CHECKSUPPLIER APP 
Downloading and using the CheckSupplier App is free of charge for You.  

14.2. OTHER COSTS 
In order to make use of the CheckSupplier App, You must:
  • Pay the costs of purchasing, installing and operating Your Device and any software installed on it;  
  • Pay the costs of connecting to the Internet or other networks in Belgium or abroad in accordance with the applicable rates, sending SMS messages, and data communication via the Device that You use to access the CheckSupplier App. 

15. CHANGES TO THE AGREEMENT AND TO THE CHECKSUPPLIER APP 
CheckSupplier BV may amend the Agreement at any time, subject to one month's notice. You will be notified of any changes to this Agreement by e-mail or another medium to which you have access.  

CheckSupplier BV reserves the right to change or modify any content, materials or information appearing on or in connection with the CheckSupplier App, and to cease offering the services associated with the CheckSupplier App at any time upon reasonable notice. CheckSupplier BV may add, change, or cancel certain services. Further use of the CheckSupplier App following these changes implies acceptance of these changes.  

The General Terms and Conditions, which may change from time to time, can be consulted directly on the CheckSupplier Website or through the CheckSupplier App. CheckSupplier BV will notify you via the CheckSupplier App of any updates or changes to the General Terms and Conditions. 

16. PRIVACY 
Your personal information will be processed in accordance with the Privacy Policy, as described on the CheckSupplier website. 

17. THIRD-PARTY INFORMATION AND LINKS TO OTHER WEBSITES 
The CheckSupplier app contains third-party information and sends information to websites of business partners who are completely independent of CheckSupplier BV. The information received from third parties, such as business partners, and links are included solely for the convenience of users and do not constitute an approval, endorsement or guarantee by CheckSupplier BV. Furthermore, CheckSupplier BV is not responsible for the accuracy, completeness or reliability of information from third parties, nor for the products or services offered or sold via linked sites. In this context, you accept full responsibility for the use of information originating from third parties. Any agreement, transaction or other arrangement entered into between You and a third party is entirely at Your own risk. When you click on a link to a third party, you leave the CheckSupplier App for software or a third-party website.  

The data you enter in the CheckSupplier App will be sent to Checksupplier's subcontractor(s). They will be subject to his (their) privacy statement and terms of use. Please consult these.  

CheckSupplier BV is not responsible for examining or evaluating any third-party information, and does not guarantee any third-party offers, presented or made available by such third party through the CheckSupplier App. CheckSupplier BV does not accept any responsibility or liability for the actions, offers and content of all these and any other third parties. Please consult the details and general terms and conditions of the offer carefully before purchasing.

18. GENERAL PROVISIONS 
You may not assign or transfer this Agreement without CheckSupplier BV's prior written consent. CheckSupplier BV may assign its rights and transfer its obligations at any time on the understanding that it will ensure that your rights are properly safeguarded after the transfer.  

If any provision of these Terms and Conditions is found to be unlawful, void, invalid or unenforceable, then all parties will be released from all rights and obligations under this provision, but only to the extent that this provision is void, invalid or unenforceable and to the extent that such provision is modified in such a way that it becomes valid and enforceable without affecting the intent of the parties. All other stipulations are considered valid and enforceable unless the contrary is proven.  

CheckSupplier BV's failure to enforce a stipulation of this Agreement or of supplementary conditions does not imply a waiver of these stipulations or of its right to enforce them. 

19. APPLICABLE LAW AND COMPETENT COURT 
The present General Conditions are governed by and construed in accordance with Belgian law.  

Unless otherwise provided by applicable consumer law, any dispute arising from or related to the present General Terms and Conditions or the CheckSupplier App shall be submitted exclusively to the Belgian courts.