OVKN LTD
Owner of www.ordolio.com
Under the commercial name "Ordolio", which will also be used hereafter
BE1001.150.163
Impulsstraat 6, 2220 Heist-op-den-Berg, Belgium
Availability: During business hours – 9:00 am to 5:00 pm on weekdays
Rates of the own used provider apply.
Ordolio provides a digital environment for the interaction between member and club. The member of the club, or as the case may be, the parents of that member, can arrange his or her registration, register for activities, share necessary information and more through Ordolio. clubs can digitize and optimize their membership administration via the Ordolio platform. The participating clubs can register members, administration, finances, events, excursions, etc. on our platform.
These terms and conditions of use (hereinafter: the "Terms of Use") apply to the use of the platform "Ordolio", available via https://app.ordolio.com/ (hereinafter: "Ordolio platform"), and all services provided by OVKN BV (hereinafter: "Ordolio", "we" or "us").
You, the user (hereinafter: "User") who registers to use the Ordolio platform and the services mentioned below agree to these Terms of Use.
Ordolio offers the User, being the member of an club affiliated with the Ordolio platform (hereinafter: "Participating club"), the following Services: a platform to transmit certain data to the Participating club, to easily register with the Participating club, to subscribe to activities of the Participating club or to register for activities that occur in the operation of the Participating club and ensuring that all kinds of administration runs smoothly in a clear and orderly manner between the User and the Participating club.
The User will be able to agree to these Terms of Use when registering on the Ordolio platform. A registration presupposes knowledge and agreement to these Terms of Use, as in principle the registration cannot be completed without knowledge and agreement with these Terms of Use. These Terms of Use will be readable and downloadable (on a durable medium) at the time they can and will be agreed. It is best for the User to keep these Terms of Use. The current Terms of Use can also be found at any time https://ordolio.com/voorwaarden.
Once these Terms of Use have been agreed, the User will have to comply with these terms and conditions. For example, when using our services, the User will have to take into account (among other things) what is included in these Terms of Use.
These Terms of Use are drawn up in English only, which is the language of the contract between the User and Ordolio.
The User must be 18 years of age or older. A person under the age of 18 is not allowed to register and, consequently, not use our Services. This means, for example, that the parent(s) of the (minor) child can register for the child, but not the (minor) child cannot register himself.
However, Ordolio will not be part of the contract that the User concludes with the Member club. In this way, Ordolio remains completely aloof and impartial and only provides a medium between the User on the one hand and the Participating club on the other, without any agreement with these aforementioned parties (i.e. the User and the Participating club) to enter into a joint agreement. For example, the membership agreement will only be concluded between the User (the member) and the Participating club. Ordolio has no control over this membership agreement, is not part of it and therefore cannot guarantee this, nor can Ordolio be held contractually liable for it.
The titles used in these Terms of Use are for convenience only and have no legal function or value whatsoever.
These Terms of Use may change after the User has agreed to these Terms of Use. The User will be informed of this by e-mail. At the end of the period specified in the notification, the new terms of use will apply. If the User does not agree with the new terms of use, the User will have to close his account and (as a result) no longer use our Services and the Ordolio platform.
Ordolio reserves the right to modify or modify our Services, or any of them, or to modify or modify the Ordolio Platform, or any part thereof, at any time.
Without prejudice to the provisions of the foregoing in connection with the amendment of the Terms of Use, if a new agreement is concluded after the conclusion of these terms and conditions, such new agreement shall supplement these Terms of Use. If the last agreement concluded cancels (or replaces) the previously concluded agreement, contradicts it, or contains conflicting provisions, the termination or the conflicting provisions of this (last) agreement will take precedence.
Any modification to, addition to or cancellation of these Terms of Use shall be made in writing. This also applies to all other agreements between the User and Ordolio.
If there is any ambiguity about anything included in these Terms of Use, the User may contact Ordolio using the contact details provided above, in order to clarify the ambiguities.
As already stated, only adult persons, i.e. persons over 18 years of age, can register as a User (of the Ordolio platform). As a result, an account always belongs to an adult person. An account can only belong to one person. A person can only have one account. An account is personal.
The User undertakes to ensure that the data entered by him or her is up to date. This means that even after registration, the account details must be kept up-to-date. In this way, the User can modify his or her entered data in the space provided for this purpose on the Ordolio platform. The account data referred to here includes contact details and identity data (non-exhaustive list).
The User undertakes that the data entered by him or her is correct and true. For example, the User will not be allowed to use false information or a false name.
The User undertakes to keep the password he or she has chosen confidential.
If the User does not comply with the conditions set out in these Terms of Use, for example those set out in relation to the account or the rules of conduct, or with the law, Ordolio reserves the right to suspend, terminate or limit the User's account. Ordolio may take these measures if Ordolio considers that the User has violated (or is violating) the terms and conditions set out in these Terms of Use or is in violation of the law.
The User's account will be automatically closed (read: terminated) if the Participating club of which the User is a member stops using our Services, provided that the User is not a member of other Participating clubs that (still) use our Services in addition to the aforementioned membership.
Ordolio works on a fee model agreed with the Participating club, per registration. This means that the User will not have to make a (separate) payment for the use of our Services and the Ordolio platform. Indeed, the payment to use our Services and the Ordolio platform is included in the registration fee that the User has when registering with the Participating club. Thus, the User will be able to use the Ordolio platform and our Services (at no extra cost) as soon as they are registered with the Participating club via the Ordolio platform.
Ordolio will use its best efforts to ensure that its Services and the Ordolio Platform operate securely and properly. However, access to our Services and the Ordolio platform may be (temporarily) interrupted. Ordolio shall not be liable for such interruption or restriction of access, except in the case of gross negligence or deliberate negligence.
Nor shall Ordolio be liable for any bugs, errors, malfunctions, or inaccuracies in our Services or on the Ordolio platform, except in the case of gross or intentional error.
Nor shall Ordolio be liable if the use of our services or the Ordolio platform causes damage to the User's hardware equipment, except in the case of gross or intentional error.
Nor shall Ordolio be liable for the suspension, termination or limitation of the account (of the User) as a result of a breach of this User Agreement or the law (as stipulated above).
In addition to the cases listed above, Ordolio will never be liable for its shortcomings, errors or omissions, except for its intentional or gross negligence.
Ordolio never checks the content posted by Users on the Ordolio platform, either before or after posting the content. Ordolio will not be liable for content or actions performed by Users on the Ordolio platform, unless Ordolio has been informed in a timely, adequate and accurate manner with regard to (the existence of) content or actions and the illegality thereof, and Ordolio has not subsequently promptly taken any action to remove or remove illegal content or acts. This is a confirmation of the rule provided for in Article XII.19 of the ELC. It should be understood that this only applies to unlawful content or actions and that Ordolio will never be liable for content or actions of Users that do not violate the law.
Without prejudice to the foregoing, Ordolio can never be held to an amount of damage that exceeds the amount of € 25,000.00. In other words, the maximum compensation to which Ordolio may be liable is limited to € 25,000.00.
Without prejudice to the foregoing, Ordolio can never be held liable for indirect damage, such as consequential damage or loss of profit (non-exhaustive list).
The claim for damages on the part of the User shall be time-barred after 12 months from the date on which the act or event giving rise to the damage
occurred.The User undertakes to indemnify and hold harmless all costs and losses that Ordolio must pay and bear as a result of: the User's violation of this User Agreement, his or her unlawful use of our Services or the Ordolio Platform or his or her violation of the law or the rights of third parties.
The User grants Ordolio a non-exclusive, free of charge, worldwide, transferable and sublicensable license to publish, communicate, reproduce, translate, copy, modify, distribute, publish, process and/or reproduce the content, data and actions posted by the User in function of our Services or the Ordolio platform. All this via every existing (and used) medium and future medium, via the (web) application on PCs, smartphones and tablets, digitally and on paper. Ordolio may always perform the aforementioned actions without prior and further consent, notification and/or compensation from the User who posted the content or data or took action. However, all this without prejudice to mandatory legislation such as privacy legislation.
The aforementioned (given) license may be revoked by the User when the User terminates his or her account or deletes the content, data or actions taken from the Ordolio platform.
Ordolio reserves all intellectual property rights to its Services and the Ordolio platform.
Ordolio is not obliged to provide a copy of the data and content posted by the User, unless required to do so by law (where applicable, the GDPR, see our privacy policy). In addition, Ordolio does not provide a backup of the data and content posted by you, unless required to do so by law.
The order, registration and, consequently, its agreements are always concluded in Dutch.
The User undertakes to comply with the following rules when posting content (e.g. posting comments, blog posts, creating events, posting photos (including profile photos) (non-exhaustive list)) or entering data:
The User complies with the law. This includes, but is not limited to, compliance with privacy laws, laws relating to intellectual property rights and laws relating to defamation and defamation (non-exhaustive list);
The User does not use inflammatory or hateful language, does not incite violence, does not use violence, does not commit fraud or deceit or engage in any other criminal activity;
The User does not engage in conduct with the intention of causing physical, monetary, emotional or other harm to other users, the Participating club(s), Ordolio or any other (legal) person;
The User does not engage in bullying behaviour and does not engage in (sexual or other) exploitation;
The User does not post pornographic material or material that is contrary to morality, or a link that refers to such material.
The User provides and uses personal, correct and accurate data, which must be kept up-to-date. This includes, among other things, entering a correct (and real) name, a correct address, correct e-mail address and correct data sheets (non-exhaustive list);
The User does not disclose the data of others without the consent of the person from whom the data originates;
The User does not disseminate viruses, malware, spamware or other inappropriate or harmful information or files through our services or on the Ordolio platform;
The User does not post spam, i.e. the (repeated) posting of the same message or information, which is (or may be) experienced as disturbing and irritating by the other users and/or participating club(s)
The User does not perform any actions or post content in the context of a commercial activity;
The User does not intentionally (over)load the system by means of, for example, a targeted DoS attack (Denial of Service);
The User does not use robots (or robot technology such as a crawler) for (the use of) our services or on the Ordolio platform;
The User shall not attempt to retrieve, reverse engineer, decrypt the source code of our Services and the Ordolio platform, nor shall the User, in the event of knowledge of the source code, process, use, modify, disclose, communicate the source code.
If the User discovers errors in the operation, upon knowledge of the source code: in the source code,... the User will report this to Ordolio.
If a User, a Member club or a third party believes that content and/or data posted by a user or an action by that user with our Services or on the Ordolio platform is in violation of the law or these Terms of Use, they may report this to Ordolio. This notification can be made via the form on the page https://ordolio.com/en/product-support-ouders-leden-eng/ or by e-mail to Ordolio.
This notification must contain an exact, accurate and correct reference to the content posted or the action taken through our services or on the Ordolio platform. However, the mere reference to the posted content or action is not sufficient, for example, the report must also contain a reasoning or description of why the posted content or action is in violation of the law or these Terms of Use.
Upon receipt of the report, Ordolio will consider the report. If Ordolio decides that the posted content or action is in violation of the law or these Terms of Use, Ordolio will proceed to block or remove the posted content or action and, if it concerns a criminal offence, inform the Public Prosecutor accordingly. If Ordolio decides that the content or action posted does not violate the law or these Terms of Use, no action will be taken in connection with the content or action posted and will remain unaffected.
In the event of blocking or removal of the content or action found to be in conflict, the User who has committed the content or action will be informed. In addition to removing or blocking the posted content or alleged action, Ordolio may, as mentioned above, terminate, limit or suspend the account of the User who posted this content or performed the action.
As far as liabilities are concerned, reference can be made to what has already been stipulated above.
This procedure must be read in accordance with the regulation in Book XII of the Code of Economic Law, and more specifically in accordance with Article XII.19 of the Code of Civil Procedure.
Ordolio, like the User, will be free to provide proof of his rights and obligations. This is therefore a derogation from the non-mandatory provisions of Articles 1317 to 1369 of the Civil Code. This means, among other things, that Ordolio, as well as the User, will be able to use (all) electronic data carriers, including electronic communications and electronic documents, or if necessary a paper copy thereof, for (full) proof of these Terms of Use and the commitments between us and the customer.
Should a dispute arise between the User and Ordolio, the User may first contact Ordolio without obligation in order to find a solution. The User can do this using the contact details provided in these Terms of Use. This can also be done via the form on https://ordolio.com/en/product-support-ouders-leden-eng/ .
The Federal Government also provides for a Consumer Mediation Service that is authorised to receive any request for out-of-court settlement of consumer disputes. They will either process the application or forward it to a qualified entity. The Consumer Ombudsman Service can be reached at: < href="https://www.consumentenombudsdienst.be/nl">https:/www.consumentenombudsdienst.be/nl or < href="mailto:[email protected]">[email protected] or (0032) 02/702 52 00 (tel) or (0032) 02 808 71 20 (fax).
In addition, the European Commission provides an online dispute resolution platform to settle disputes amicably. This platform, the so-called EU Online Dispute Resolution (ODR) platform, can be reached via: https://ec.europa.eu/odr, with the national contact point (Belgium): [email protected], (0032) 2 892 37 12 (tel) or (0032) 2 542 32 43 (fax).
The foregoing in no way prevents the User's (free) access to justice.
These Terms and Conditions of Use, and the obligations between Ordolioen and the User in general, are (exclusively) subject to Belgian law.
Should it happen that a clause of these Terms of Use, or part of this clause, is annulled (should prove null and void) or must be considered unwritten, the User and Ordolio undertake to negotiate in good faith the replacement of the annulled clause, or part thereof, by a clause that corresponds as closely as possible to the result intended by the annulled clause.
If the user and Ordolio have not reached an agreement on a replacement clause within 2 weeks, the gap to which the annulment may give rise will be filled in accordance with ordinary law.
In any event, the nullity of a particular clause, or part of this clause, shall not affect the validity of the remainder of these Terms of Use nor affect the remaining part of the clause which is valid and enforceable.
Ordolio may, without the User's prior consent, transfer to a third party its rights and obligations arising from its agreement with the User, including the aforementioned services and the Ordolio platform. However, this transfer may in no case create conditions that are less favourable to the User.