Art. 1: Definition of the parties

The following are some definitions of terms used in the following articles of the General Conditions of Use.

- Supplier: any institution, person or company that guarantees the supply of goods and services either by producing them or by delivering them to the Organization in exchange for money.

- Organization: any institution, school or company that offers the Suppliers' offerings to the end users associated with this Organization. It acts as an intermediary between the end users and the Suppliers. In doing so, it shall open all or part of the Suppliers' offerings to its public, determine delivery times, collect and transmit individual orders to the Suppliers, and ensure payment of those orders.

- Customer: any end user of the services. This person can only place orders with the Organizations they are affiliated with and provided they have a sufficient balance. It is not possible to buy on credit.

- User: Any person who uses the ^Sendwich® application (Supplier, Organization, Customer)

- ^Sendwich®isa registered trademark and refers to the cloud application which unites the 3 above-mentioned parties on the same platform, thereby achieving far-reaching automation, digitalization and simplification of processes.

- Sendwich Comm.V: is the owner of the ^Sendwich® application.

Art. 2: Portability of the general terms of use

The general terms of use apply to all users of the ^Sendwich® cloud application. With the first registration as well as with changes, those general terms of use are displayed on the screen of the user who has the possibility to leave the application at that time yet. With the further use of the Sendwich® ^applications it is therefore assumed that the user has accepted these general terms of use in their entirety and complies with them.

^Sendwich®only offers its users a support platform and is therefore not itself responsible for the production, transportation or storage of goods. Therefore, it can also never be held liable for the quality and quantity of the delivered goods nor for complaints of a logistical nature such as punctuality, damages, etc. due to the actions of any of the other parties that are part of the platform or any third parties.

^Sendwich® may only be used within EU countries.

Within ^Sendwich®, Organizations and Suppliers enter into a contractual relationship in an explicit manner that binds them in the same way as if they had done so with each other directly. This means, among other things, that there is an obligation of payment for Organizations that transmit orders via the Sendwich® ^application to the respective Suppliers and conversely that there is an obligation of delivery for the goods ordered.

Art. 3: Access to ^Sendwich®

The ^Sendwich® cloud application is available for free download from the Google Play site or the Apple Store.

Anyone can easily register as a "customer" via the ^Sendwich® mobile application. He must provide, in addition to his first name, surname, phone number and language, a unique e-mail address with which the registration will be done.

The application will send to that e-mail address a link that allows the user to create a personal password

that meets the formal security requirements. Moreover, that password can be changed by the user whenever desired. If the user forgets his password, he can easily request a new one. Only one account is possible per customer and it must be a unique e-mail address.

A user can then link to one or more Organizations to which he belongs and through which he wishes his orders to pass. Those Organizations generally determine themselves whether anyone may link to their Organization or whether they allow linking exclusively to specific members of the Organization. SENDWICH - General terms and conditions of use - End user (version 01 FEBRUARY 2020)

This linking is done simply by scanning the Organization's QR code.

Sendwich Comm.V grants the user a limited, reviewable and non-transferable access to its platform. Users may not reproduce, circumvent or reverse engineer the functionalities of ^Sendwich® , nor attempt to impersonate another user and thereby attempt to obtain information not intended for the user. Sendwich Comm.V reserves the right to deny users access to its platform if it finds an infringement. The users accept that Sendwich® may send ^limitedpush notifications to the user's mobile number, related only to the proper functioning. The Customer always uses its own hardware (smartphone). 

Art. 4: Limitations, data protection, patches, etc.

The users of ^Sendwich®are responsible for maintaining their own security and other updates on their hardware as well as for the adequate conservation of their passwords. Sendwich Comm.V cannot be held liable if third parties access the user's account and make changes and/or actions on their behalf or if personal information is disclosed in this way.

As with using any other online service, the responsibility rests with the user to log out of the session after use, especially when working from public hardware.

^Sendwich®runs on high-performance servers in a secure data center in Belgium. Fully redundant and - if necessary - flexible to permanently operational backup servers. In this way, maximum data and process security can be guaranteed and high availability requirements can be met.

Any interventions to ^Sendwich® will preferably occur outside business hours, unless urgency requires choosing another time slot.

The ^{Sendwich®-APP} is built for various platforms of cell phones and tablets and this for both the iOS and Android operating systems and is thus subject to the quality of those operating systems. Sendwich Comm.V cannot be held liable for bugs and other issues that may affect its application. Sendwich Comm.V will closely follow the evolution of those operating systems and adapt ^Sendwich®to them as far as possible.

Art. 5: Offer

Suppliers offer their goods and services based on categories. Those categories are set by ^Sendwich® and labeled with an icon.

Within these categories, the Supplier can categorize his offer starting with a unique reference number on which the orders will be collected. In addition, he gives the name and description of the dish as well as up to 4 options (A to D). The description of the options can refer to the type of dish, content, size, etc. The Supplier can indicate which goods are active and which are not, possibly taking into account seasonal goods. As soon as the Supplier marks a dish as inactive, customers will not be able to select those dishes from then on. However, the orders that were already entered will have to be honored by the Supplier. ^Sendwich® has provided the possibility to indicate per dish which of the 14 most common allergens are present. The correct indication of these lies in the hands of the Supplier and Sendwich Comm.V bears no responsibility in this. It is also possible to indicate which dishes are vegetarian and which are not. Sendwich registers these personal data (allergens, persuasion and vegetarian or not) only with the intention to limit the offer of dishes based on these settings. These personal settings are visible only to the individual user and therefore not to the affiliated organization or supplier. When the user enters this optional personal data in his APP, he thereby gives permission to use and store this data for those purposes.

From this offer from the Suppliers, the Organizations will select the articles they wish to offer to their constituencies.

^Sendwich® was actually created out of a need to simplify the ordering and dispensing of lunch in schools and businesses. However, the Suppliers and Member Organizations of the ^Sendwich® platform are free to offer other products and/or services as long as they do not violate the law and morality. ^Sendwich® may therefore only be used for the sale of lawful goods and/or services. The Suppliers will therefore refrain from any sale of drugs or other narcotics but equally from liquor, tobacco, etc.

Sendwich Comm.V cannot be held liable for acts of Suppliers that would go against these provisions.

In addition, the Organizations themselves are responsible for the offer (selection from offer Suppliers) they offer their target audience especially for any underage audience.

Both the Suppliers and the Organizations therefore release Sendwich Comm.V from any prosecution that their actions may entail.

Art. 6: Wallet

The customer can only order goods and/or services through an Organization with which he is affiliated and to the extent that his Wallet with that Organization has the necessary balance to purchase those services or goods. Therefore, nothing can be purchased on credit and the customer must ensure that his balance is sufficient to place orders. The user can indicate in his settings the minimum balance amount from which he wishes to receive a notification. By default, this is set at €5.

There are 2 ways to increase the balance of the Wallet, either by using the linked Payconiq application, where the customer can transfer money (or have it transferred) to the Organization's account (to the extent that this option is offered by the Organization), or by a manual purchase of so-called QR checks from the Organization, which can then be cashed in the ^{Sendwich®-APP}.

Thus, the customer has a separate Wallet with outstanding balance at each Organization that he can use only there to purchase goods and/or services. In the ^{Sendwich®-APP} the customer can see the state of his Wallet at each connected Organization and the complete overview of all transactions can be visualized. Cancelled orders are indicated in yellow in the screen overview.

The Organization undertakes to pay all orders placed within the ^Sendwich® application to the Supplier. After all, it has received the money in advance from the customer and the latter can only order up to the amount of his Wallet, at the delivery times opened by the Organization.

The Organization further undertakes to return this balance - upon simple request by the customer - when the customer leaves the Organization, for example. In doing so, a negative QR check is issued in exchange for the return of the funds, so that the user's Wallet can be settled with that Organization.

Art. 7: Orders

Customers of the Organizations can place their orders only on the days that the Organization has opened, choosing exclusively from the offerings released by the Organizations.

The total amount of the order is then credited away from the customer's Wallet balance. However, if the customer cancels the order before the expiration of the cut-off time, the amount of this cancelled order will be credited integrally back to the customer's balance. Orders can be placed up to 2 months in advance. If the Organization sets a leave period after an order was placed, this order will also be automatically cancelled and the amount will be credited back to the user's Wallet.

The customer can place only one order with the Organization for a given date. If he wishes, he can cancel / change / update his order at any time as far as the cut-off time has not expired. The existing order is thereby cancelled and the goods are placed back in the order basket. The user can then place the order again after modification. Goods remaining in the order basket are obviously not ordered.

For each connected Organization, the user can visualize the overview of all his open orders and make adjustments if required.

Art. 8: Deliveries/collections.

The user may receive a notification when his delivery has arrived at the Organization. The delivered goods will be distributed by the Organization to its customers. In doing so, the identity of the customer will be read by means of his or her personal QR code that is callable through the APP. Any late deliveries are the sole responsibility of the Supplier. SENDWICH - General conditions of use - End user (version 01 FEBRUARY 2020)

Art. 9: Disclaimer

The ^Sendwich® platform was developed as a service platform. Its purpose is to bring customers, Organizations and Suppliers in contact with each other without being part of the transactions between them. Therefore Sendwich Comm.V cannot give any guarantee regarding the quality, quantity and safety of the delivered goods nor for complaints of a logistic nature such as punctuality, damages etc. caused by any of the other parties which are part of the platform or any third party. Although the application was developed with the utmost care and runs on the most secure and high-performance servers, bugs or downtime can never be ruled out. 

Sendwich Comm.V can not be held liable for the temporary or unavailability of certain services or servers, nor for the direct or indirect consequences thereof, lost data or profits. However, Sendwich Comm.V commits itself to get the situation working as soon as possible and, if necessary, to fall back to the last working backup. ^Sendwich®with all its functions and possible shortcomings may only be used under the conditions mentioned above. Any bugs and suggestions to improve the platform can be reported via email to info@sendwich.be . The user confirms by using the Sendwich® ^application, to indemnify Sendwich Comm.V against any suit except those provided by law.

Art. 10: Advertising

Sendwich Comm.V reserves the right to include short advertising messages on its platform or website. For example, certain brands (including beverages) will be mentioned by name for accurate description of dishes.

Art. 11: Privacy legislation

Sendwich Comm. V, the Supplier and the Organization undertake to process (or have processed) the personal data obtained in the context of the execution of this agreement:

- in a lawful, proper and transparent manner
- according to what is necessary for the execution of the agreement and/or in proportion to what a legitimate interest can be demonstrated
- to update regularly
- not to be kept longer than necessary for the purposes for which they were obtained
- to be secured by taking appropriate technical or organizational measures

The following personal data will be stored: name and first name, mobile phone number, e-mail address, photo and language preference, as well as any other data entered by the customer during registration.

Sendwich Comm.V guarantees that it will use the received personal data only for the proper functioning of the application.

In accordance with Art. 33 and 34 of the AVG, any personal data breach will be reported to the affected party or parties without undue delay and, if possible, within 72 hours of detection.

Complaints or requests to inspect or change personal data may be directed to gdpr@sendwich.be.

Every user has the right to request the removal of his or her personal information even if this would mean that he or she could no longer use the application. This request must be made expressly by e-mail to gdpr@sendwich.be and is irrevocable since that data will then be effectively deleted. If the user subsequently wishes to use the application again, he/she will have to re-register.

Art. 12: Disputes.

The parties expressly agree to try to resolve any disputes in the first instance by mutual consultation, while preserving each other's rights. If, however, no solution acceptable to both parties ensues from these conciliation talks, forcing recourse to the courts, only the Dutch-speaking courts of the district of Brussels - Halle-Vilvoorde shall be competent. Only Belgian law is applicable.