Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Mbrella (via firstname.lastname@example.org) 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 email@example.com) 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 MBRELLA PLATFORM OR MBRELLA WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF MBRELLA 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.
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.
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.
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:
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:
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
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.
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
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:
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.
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 firstname.lastname@example.org if one of the following events occur, or if Mbrella has reasonable reasons to believe such event occurred:
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.
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 email@example.com).
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