1. General information

Consulting or using the Website by a Visitor implies full knowledge and acceptance of the Terms of Use.

The Services of SOULMATE are offered though cumulative use of the Website and/or APP by the Coach and the User.

Users or Coaches who create an account and/or use the Services enter into an agreement with SOULMATE under the below Terms of use.

Between SOULMATE and the Organisation an agreement is entered into by accepting the offer by the Organisation. The Organisation will ensure the Coaches and Users who are part of its Organisation are legally bound to the stipulations of these Terms of Use and  will provide SOULMATE proof of the agreement of the Coaches and Users.

All agreements entered into between SOULMATE and a User, Coach or Organisation will be governed by these Terms of Use. General terms and conditions of the Coach or Organisation are not part of the agreement; deviations of these Terms of Use are only possible in case of an explicit written agreement.

The use of the APP is also subject to the stipulations of the EULA.

The information published on the Website is of a general and informative nature and is not published to meet an individual need. The information is also not necessarily complete or up-to-date and does not contain individual advice, nor professional recommendations.

The content of the Website (including the hyperlinks to other websites) can be changed or completed at any time, without any notification or communication.

 

2. Account management

The Users and Coaches can freely create an account through the Website or through the APP if they are 18 or over and are legally competent.

The Services are not offered to Users who have not yet reached the age of 18. Users who are not legally competent need to have the permission of their administrator in order to use the Services. If necessary, the administrator has to accept these Terms of Use, the EULA, the Privacy Policy and give the necessary agreements with regard to specific data processing for the benefit of the legally incompetent.

Coaches who use the Services can create accounts for Users. If the Coach is not the administrator of the respective User, he will ensure that the User’s administrator accepts the stipulations of these Terms of Use, the EULA, the Privacy Policy and receives consent with regard to specific data processing and provides SOULMATE with proof of this consent.

For Coaches and Users who are part of an Organisation that has chosen to enter into an agreement with SOULMATE, the Organisation will provide them with an account. SOULMATE will open a main account for the Organisation itself, and supply a user name and password.

Access to Your account is strictly personal and is protected by a password which you need to keep secret, which is sufficiently strong and needs to be changed at regular intervals. You are not allowed to let access to your account or make it available to a third party in any way.

The Organisation is not allowed to create accounts for Users and Coaches who are not part of its organisation.

The Organisation will ensure that passwords of Coaches and Users meet the requirements with regard to information security, taking into account the state of practice.

You are responsible for all actions that take place through Your account. In case of suspected improper use, You are to inform SOULMATE as soon as possible.

 

3. Availability

1. Website

SOULMATE puts in reasonable efforts to guarantee the accessibility and availability of the Website, without being able to be held liable for any interruptions in its services, regardless of whether or not these are due to external factors or to its own actions/inactions.

2. The Services

SOULMATE puts in the required efforts to ensure the Services are available over a normal timespan, without being able to be held liable for interruptions in its services, regardless of whether or not these are due to external factors or to its own actions/inactions.

If the Coach, User or Organisation wants guarantees, they can ask SOULMATE to enter into a separate Service Level Agreement, without SOULMATE being obliged to agree to this.

SOULMATE will regularly make backup copies of the stored Data that is entered when using the Services. However, SOULMATE is not obliged to give individual data records of Users, Coaches or Organisations to these parties, except in case of compelling legal stipulations.

 

4. Improper use

While using the Services, it is generally prohibited to perform acts that are in contravention of Belgian, Dutch, Austrian, or any other applicable law or right of third parties; in this case SOULMATE is at all times entitled to report the improper use to the relevant authorities.

More specifically, the below is prohibited:

• Creating fake accounts or pretending to be someone other than the Coach, User or Organisation.
• Giving incorrect data to SOULMATE during registration and the use of the Services.
• Invading the privacy of third parties; for example you are not allowed to take and upload pictures of a person while using the Services, without having asked for prior consent and being able to provide proof thereof to SOULMATE.
• Infringing the intellectual rights of third parties; for example you are not allowed to capture and store copyrighted publications.
• Using the Services in such a way it can cause damage or nuisance to the SOULMATE computer systems or the SOULMATE network, including that of third parties, among other things by sending excessive amounts of data, the use of malware or the injection of computer code. SOULMATE has the right to take any and all measures it deems necessary to prevent or end this damage or nuisance.
• Using the Services in case the user has not yet reached the age of 18.

In case of breach of these stipulations, SOULMATE is authorized to end the agreement, retaining its own legal claims, and to close and/or delete the accounts in question.

5. Support & Maintenance

SOULMATE offers you a reasonable level of support, including the provision of online documentation on its Website. SOULMATE has a helpdesk that is accessible via e-mail, but does not offer any guarantee with regard to availability.

SOULMATE provides maintenance to the best of its abilities (including adjustments and corrections) of the Services. If possible, planned servicing will be announced in advance in case they have an impact on the availability. Urgent maintenance can take place without prior notice. It is possible that substantial functionalities of the Services can be altered by SOULMATE, without you being allowed to object to this.

 

6. Warranties & Liability

Given the nature of the Services they are offered to you on an ‘as is’ basis; there is no guarantee that the Services meet Your expectations. The Coach and/or Organisation itself will remain responsible for the use You make of the Services and for the safety of the User.

Nevertheless, SOULMATE will endeavour to ensure the integrity, confidentiality and availability of the Data to the best of its abilities.

A device (pc, smartphone, tablet, etc.) is required to use the Services. SOULMATE cannot be held liable for any damage caused by the use of the device or for damage to the device itself.

Except for deceit, intentional error, serious error and death or personal injury in the event of negligence, SOULMATE shall not be liable for or held to reimbursement of, intangible, indirect or consequential damages, including without limitation lost profits, loss of revenue, loss of income, production constraints, administration and personnel costs, an increase in general costs, loss of customers, reputation damage, loss of privacy, loss of (personal) data or claims of third parties arising as a result of or in connection with the use of the Services or the inability to have access to the services.

Without limiting the above, the contractual and non-contractual liability of SOULMATE to You is at all times limited to the lowest amount on the basis of the invoiced amounts excluding VAT & other taxes for the Services in the year in which the damage occurred. If no compensation is paid, the liability is in any case limited to 10 EUR (€10).

In any case, SOULMATE is not liable to You in case the damage is the result of force majeure.

Besides compensation for which you are liable under applicable law or the conditions of these Terms of use, you indemnify SOULMATE against all liabilities, damages, losses, costs and expenses (including legal costs and reasonable amounts paid in the execution of legal claims) suffered by SOULMATE or caused and directly or indirectly resulting from your use of the Services and violation of the provisions of these Terms of use.

Furthermore, You acknowledge the right of SOULMATE to interrupt access to the Website and the Services at any time and without prior warning, for the following (non-restrictive) reasons: detection or suppression of possible cases of improper use and/or fraud, or remedy any technical or operational function impairment, or in the case of a court order of injunction for alleged infringement of the (intellectual) rights of third parties or having actual knowledge of such an infringement, etc.

 

7. Intellectual property rights

1. The website

The website and services, including texts, layout, graphic components, graphical user interfaces, presentation, logos, software, source code, databases, brands, the social name of SOULMATE and other components of the Website are protected by intellectual property rights belonging to SOULMATE or third parties. You explicitly agree to fully respect the intellectual property rights of SOULMATE and/or of third parties.

Any reproduction, dissemination, sale, distribution, publication, adaptation, translation, processing and use for commercial purposes of all or part of this Website, Services or Games, in any form or by any means whatsoever, is prohibited, except in case of prior written consent given by SOULMATE. The same applies to data that is not protected by intellectual rights, which can be collected, among other things, by means of the technique of ‘screen scraping’. Due to the posting and the availability of the Website, SOULMATE does not give any license whatsoever.

SOULMATE reserves the right to take any and all measures it considers to be effective in order to prevent and/or stop the infringement of its intellectual property rights, without being held liable due to this measure.

 

2. The Services

All data, such as – non-restrictively – entered data, which the Coach, the Organization or the User gives to SOULMATE, and to which intellectual rights apply remain its exclusive property (the “Data”). The Coach has access to this data via the Website and APP.

The user, Coach and Organization hereby grant SOULMATE a royalty-free, exclusive, transferable and worldwide license on the Data provided by them to SOULMATE, regardless of whether or not such Data is subject to a form of legal protection, for the duration of the present intellectual property rights or until the secret information loses its secret character in the case of know-how, to use, including the right to sublicense the Data to third parties, for the following purposes:

• Provide you with the Services, including future aspects thereof;
• Use the Data for scientific and/or statistical research;
• Use the Data to improve the functioning of SOULMATE and its services;

For the use of the data for the above purposes, the following methods of operation are understood: The ability to reproduce, copy, modify, correct, implement, publish, transmit, send the data or communicate it in any other way to the public, be it known or unknown and to distribute your data without further notice.

This license is applicable as soon as the Data is on the SOULMATE servers or once you have transferred it to SOULMATE in any other way. The license goes beyond the duration of the Terms of use, as well as beyond a possible termination of the user account, irrespective of the motivation and origin of this termination.

You waive your right to see Your name when the Data is used. You waive Your right to invoke your moral rights to go against any changes to the Data, unless you provide proof that the changes may affect Your honour or reputation.

SOULMATE can act as a hosting service provider within the meaning of art. XII. 19 of the Code of Economic law and cannot be held liable for the Data or activities of Users, Coaches, Organisations or Visitors. SOULMATE exercises no authority or control over the Users, Coaches, Organizations or Visitors. If SOULMATE is informed of any illegal activity or information, it will remove this Data and/or account promptly and/or make access impossible without being able to be held liable by the User, Coach, Organisation or Visitors and it reserves the right of reporting the illegal activity or information.

 

8. Hyperlinks

The creation of hyperlinks to the Website must be communicated to SOULMATE in advance. The hyperlink can only refer to the home page of the Website, which opens in a new window of the web browser. Deep linking is prohibited.

The Website may also contain hyperlinks to other websites. SOULMATE can under no circumstances be held liable for the content, security or privacy and cookie policies of any website to which a hyperlink refers on the Website.

The placing of hyperlinks to one or more other websites in no way means there is an association, partnership or affiliation with the organisations that manage these websites or an approval of the content of these websites. The hyperlinks are for informational use only. SOULMATE does not check (the content of) these other websites.

Once SOULMATE is aware of any illegal content on a website to which a hyperlink refers on the website, or if the content does not conform to the intended purpose of SOULMATE, SOULMATE will remove the hyperlink to this website. SOULMATE can under no circumstances be held liable for placing hyperlinks to said website.

 

9. Security

SOULMATE will go to great lengths to ensure the security of the Website, such as security surveys, coding techniques, secure environments and all measures and procedures that are reasonable according to the state of the art in this domain. In the event of an attack on the website, information crime or any other unauthorized attempt to gain access to a part or the whole of the website, SOULMATE will use all legal means available to protect the integrity of its Website with the assistance of the competent authorities.

 

10. Privacy and Cookies

It is possible SOULMATE processes personal data by providing the Services or via the Website. For more information regarding the privacy and cookie policy of SOULMATE, please consult our Privacy Policy and Cookie Policy. (cookie policy to be added …)

 

11. Changes to the Website and/or the Terms of Use

SOULMATE reserves the right to modify the website and the information on the website, at any time without prior notice, and to temporarily or permanently delete it (including hyperlinks to other websites). In addition, SOULMATE has the right to modify, update or change stipulations of the Terms of use.

It is your responsibility to ensure you are aware of the most recent Terms of use. SOULMATE reserves the right to change these Terms of use at any time; the changed agreement will be published on the SOULMATE Website at least 30 days before coming into force, thereby stating the version number. These Terms of use were last updated on October 1, 2019.

SOULMATE will not be liable for any adverse consequences that may arise from the changes made to the content of the Website or the Terms of use.”</p>

12. Miscellaneous

If one or more clauses of these Terms of use are declared to be partially or completely void or non-binding by a legal intervention, it will not affect the validity of the remaining clauses or the validity of the entire Terms of use. If SOULMATE wishes to amend or replace the clause(s) in question, the amended or new clause is to be as closely as possible in line with the void or non-binding clause(s).

The failure of SOULMATE to demand a strict compliance with the provisions of these Terms of use shall not be construed as any renouncement or rejection thereof.

13. Applicable law

All disputes relating to the validity, interpretation, enforcement, execution and termination of these Terms of use shall be settled in accordance with Belgian law.

Only the competent courts of the district of Hasselt (Belgium) will be able to take notice of such disputes.