General Terms and Conditions Beyond Bruges

Version 8 June 2022

Definitions

"Account": the User's personal account on the Beyond Bruges platform on which transactions with Bryghia are registered. There are two types of accounts, for Users and for Partners.

"Administrator": the non-profit organisation Legends as initiator, owner and manager of the project or any party to which the non-profit organisation Legends has partly or totally delegated the management of the project.

"Participant(s)": there are 2 categories of participants in Beyond Bruges, namely Users and Partners:

- "Users": private individuals who voluntarily make purchases through which they receive Bryghia. The individual registering as a User confirms, by accepting the present general terms and conditions, that he/she is at least 13 years of age and is not in a state of incapacity (extended minority, guardianship,...).

- "Partners": the network of professional participants, such as, among others, retailers, commercial establishments, restaurants, businesses, traders, de facto associations, public services,... active within the Area of Operation and able to issue or receive Bryghia as a Reward Partner or Exchange Partner respectively. In order to register as a Partner, the professional participant must submit an application via the Platform to the Administrator, which will be processed within 60 days. The Platform maintains a list of the Partners designated by the Administrator.

A distinction is made between a Reward Partner and an Exchange Partner:

"Reward Partner": any Partner designated by the Administrator who values other Participants with a 10% refund in Bryghia on any purchase where the Participant presents an Identifier in the form of a unique QR code.

"Exchange Partner" means any Partner designated by the Administrator where other Participants can exchange Bryghia for the provision of a good or service. However, Companies can never become an Exchange Partner without also being a Reward Partner.

"Identifier": in order to enable Transactions with Bryghia, an Identifier (login name and QR code) is assigned to the Participants, which provides access to the personal account on the Account of the person concerned. This Identifier is always available electronically via the application.

"Bryghia": name of the multiple-use Coupon that is issued, used and exchanged in this concept. The unit of account of this Voucher is also expressed in Bryghia. The Voucher has no monetary value. It cannot be exchanged for euro or any other currency or value. The vouchers issued have no expiry date and the form of presentation of the voucher is digital.

"Beyond Bruges platform", "Platform": the secure application on which Participants can register and conduct transactions with Bryghia. This platform can be accessed through the Apple App Store and Google Play Store and through https://www.beyondbruges.be.

"Community Currency": reference to the concept behind Bryghia.

"Transaction": the transaction where Bryghia are received within the framework of a Reward Action or exchanged within the framework of an Exchange Action. Transactions can only take place between a Partner and a User, as follows:

- "Reward Action": activity through which Participants can receive Bryghia from Reward Partners in appreciation of their purchase.

- "Exchange Action": product or service that Participants receive when exchanging Bryghia at an Exchange Partner.

"Multiple-use Coupon": a Coupon or voucher for which, at the time of issuance, the place of delivery of goods or provision of services to be made against redemption of the Coupon has not yet been determined except that it can be made within the closed network of Exchange Partners and before the expiry date. The exact number and time of the Vouchers to be exchanged can be consulted at any time via the application or the Beyond Bruges platform.

"Area of operation" means the geographical area of the city of Bruges with postal code 8000.

Object

These general terms and conditions apply to the Beyond Bruges project, managed by the non-profit organisation Legends within the framework of its social purposes and decree.

By registering yourself or your organisation, legal entity, natural person or commercial business as a Participant in this project, you agree to be bound by these general terms and conditions which you confirm to have read and accepted beforehand. The rights and obligations resulting from this agreement apply to all subsequent agreements entered into by you with regard to Beyond Bruges.

Objectives

With Beyond Bruges and Bryghia, the non-profit organisation Legends aims at the following objectives:

- To promote local shopping in Bruges;

- Appreciate the Bruges citizen who contributes to the Bruges of tomorrow;

- To stimulate the voluntary commitment of citizens to specific actions in the city related to mobility, ecology, well-being, etc. with the aim of promoting the Bruges of tomorrow.

Changes

The administrator reserves the right to unilaterally amend these general terms and conditions. In case of amendments, the new version shall enter into force thirty days after the date of publication.

All notifications regarding possible amendments and the publication of amended general terms and conditions are made via the Beyond Bruges platform or via the application.

The renewed and amended version of the general terms and conditions will automatically be posted on the Platform or the application, and Participants will be asked to accept it upon becoming acquainted with it.

After the general terms and conditions have been changed, only the renewed terms and conditions will apply and the old terms and conditions will lapse. By using his Account, the Member agrees that each use will be in accordance with the general conditions applicable at that time.

The general terms and conditions can be consulted on the Platform at any time.

Using Bryghia as a User

Users receive Bryghia as appreciation for specific Reward Actions offered by Reward Partners.

The offered Bryghia have an unlimited validity. They cannot be exchanged for euros, nor for other coins or values.

The Bryghia are not only meant for personal use, but are also transferable to other users or can be donated to charity.

The Participant must use the Account and Platform as a prudent and reasonable person. It is prohibited to use Bryghia in an improper manner, for an unlawful purpose or in a manner that violates the General Terms and Conditions or other legal provisions applicable to Bryghia.

If improper use or fraud is detected, all Bryghia from the Account in question will be blocked. The Bryghia will thus become de facto worthless. However, after detection of fraud or improper use, the Participant will be given the opportunity to submit his/her comments to the Administrator within 15 days.

Valuation of Users by Partners

Within the framework of the ‘Reward local shopping’, the Reward Partner rewards the user via the Beyond Bruges platform with a 10% refund in Bryghia on the purchase amount in euros.

Each Reward Partner applies this rule to each purchase made by a registered Participant, possibly starting from a minimum purchase amount. The reward is always 10% of the amount paid in euros.

All Rewards Campaigns and participating Partners will be published on the Bryghia platform.

Exchange of Bryghia by Users at Partners

The Bryghia can be exchanged with any of the Exchange Partners that appear on the list published on the Platform. This list includes all Partners participating in the Project.

These Partners will accept Bryghia in exchange for their services or products upon presentation of a Voucher by the User.

Any Exchange that differs from this rule must be approved by the Administrator and will be published on the Platform. These different Exchange actions may be modified at any time by the Partner or Administrator concerned. Any change will result in a publication on the Platform.

When exchanging Bryghia for a product or service, the number of Bryghia equal to the value of the product or service will be deducted from the available balance of Bryghia on the Account.

The exchange partners shall make it clear in their service or business that they accept Bryghia by visibly displaying stickers or other promotional material. Only stickers or other promotional materials that have been approved by the Administrator may be used.

Settlement of Bryghia

At the time of the Exchange Action, a claim (a right to payment in euros) arises at the Partner against the Administrator. Conversely, at the time of a Reward Action, the Administrator has a claim (right to payment in euros) on the Partner.

The Fund Administrator shall settle the Bryghia distributed and exchanged for each Partner on a monthly basis by applying the following formula per Partner:

Balance = number of Bryghia Exchanges - number of Bryghia Reward Actions

In case of a positive balance, the Administrator will make a transfer to the bank account of the relevant Partner where 1 Bryghia will be counted as 1 euro.

In case of a negative balance, a payment invitation will be sent by the Fund Administrator to the relevant Partner for which 1 Bryghia will be charged at 1 euro.

The payment period is 30 days. In the event of non-payment or late payment, interest on arrears at the legal rate for late payment in commercial transactions shall be payable by operation of law and without notice of default, as well as a fixed fee of 10% on the amount owed with a minimum of 25 euros.

Contribution Partners

The Administrator shall be entitled to request a one-off entry fee in euros from the Partners, which shall be fixed between an amount of minimum 0 euros and maximum 500 euros.

This contribution will be determined and communicated to the Partners prior to the partnership.

Account termination

Each Participant is entitled to terminate his Account at any time by deactivating his registration.

1.        For Users: the User can do this at any time by logging into the Platform with their personal log-in details.

As of the effective date of the termination, the User's Account will be blocked immediately and at the same time all rights associated with this Account will be erased.

The Bryghia can therefore no longer be spent and all unredeemed Bryghia irrevocably expire. The User can therefore no longer lay claim to it. By accepting these general terms and conditions, each User expressly declares that he/she agrees with this.

2.        For Partners: The Partner may request the termination of his/her Account by e-mail at the latest 30 days before the end of each quarter to the Administrator, who will then have until the end of the quarter in question at the latest to accept and act upon this request.

Following such termination, the Administrator shall remove the Partner from the publicly accessible list of Partners and after settlement of the Bryghia and outstanding membership fees, the Partner's Account shall be immediately cancelled. This settlement will take place at the end of the quarter following the date of dispatch of the aforementioned e-mail from the Partner requesting the termination of his/her Account.

By the end of the quarter in which the termination was requested at the latest, the Partner shall remove all communications that refer to the Project in its service or business.

Re-registration

If a Participant has deregistered as a User, he can always re-register for Bryghia afterwards. In this case, the Participant must create a new Account. The Bryghia that was previously earned - during a different valid Account - will remain expired and will not be transferred to the new Account, nor will it be usable in any other way.

Theft or loss

In case of loss or theft of the device on which the Beyond Bruges platform runs, the Participant himself is responsible and liable for any damage, such as the possible loss of Bryghia, arising from the use by third parties of his Account.

Fraud

The Participant confirms that all personal and/or administrative data that he has registered with the Administrator are correct and accurate. The Administrator cannot be held responsible for this and cannot be held liable for any damage that may arise from the provision of incorrect contact details.

The Bryghia are primarily intended for personal use by the User, but are transferable to other Users or to a charity. Receiving and exchanging Bryghia is in principle only possible with the User's own Account.

The Participant is prohibited from using or exchanging the Account or Bryghia in an improper manner, for an unlawful purpose or in a manner contrary to these General Terms and Conditions or other legal provisions applicable to the Bryghia. However, after establishing the fraud or improper use, the Participant will be given the opportunity to submit his/her comments to the Administrator within a period of 15 days. The Administrator cannot, however, be held liable for any damage that may result from such improper or fraudulent use of the Account or Bryghia that may be attributed in whole or in part to the Participant.

Misuse

The Administrator is entitled, without prejudice to all other rights, to immediately terminate the Participant's registration and/or to cancel the balance and the Bryghia credited to it in the event of fraud, the provision of incomplete or incorrect information to other Participants, if the Participant acts in breach of these terms and conditions, if the Participant abuses his/her rights as a Participant, or if the Participant acts in any other way so as to cause damage to other Participants. All cancelled Bryghia will be immediately destroyed and thus become worthless.

In order to detect any suspicious use of Bryghia, random checks may be made. If fraud is detected, the Administrator may block the account at any time. The Participant will be informed of this by (electronic) mail.

Liability

The Administrator has entered into an agreement with the technical supplier with a view to ensuring optimum availability of the Bryghia platform. If, despite all efforts, the system should be unavailable, neither the Administrator nor the Partners can be held liable for any damage or inconvenience suffered. The liability of the Administrator in this respect is limited to a best-efforts obligation to provide the service to the best of its ability under the terms and conditions of these General Terms and Conditions.

Except in the event of intent and/or gross negligence on the part of the Administrator, the Administrator may only be held liable for foreseeable loss that is the immediate and direct consequence of an imputable failure on his part to comply with one or more obligations under the present agreement. The liability for such direct loss shall be limited in any event to the available balance on the account per cause of loss.

Privacy

The privacy policy of the Administrator applies to Bryghia. The privacy statement can be consulted on the Bryghia platform at all times.

Property rights

The non-profit organisation Legends is the sole owner of the intellectual rights to the Bryghia brand name and to the signs, know-how, methodologies, working methods associated with it.

Disputes

If a dispute arises, an amicable solution will always be sought through consultation with the Administrator, on pain of inadmissibility of any subsequent legal proceedings. The parties involved will first contact the Administrator, with the greatest possible discretion.

If this attempt at amicable settlement does not result in a solution, the dispute shall be submitted to the ordinary courts. The Courts and Tribunals of the judicial district where the administrator has its registered office are exclusively competent to take cognisance of any dispute arising from or related to these general terms and conditions.

In the event of disputes arising between the Participants (Partners and Users), the Participant undertakes to indemnify the Administrator against any possible claims and damages that may arise from or be related to them. This indemnification obligation shall apply to all current and future claims and indemnifications regardless of their nature (foreseeable and unforeseeable, known and unknown).