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GENERAL TERMS AND CONDITIONS OF "HAPPHY"

Version April 2024

1. Who are we?

happhy is owned by ClijstersConcept bv, with registered office at 3500 HASSELT, Lazarijstraat 150, Belgium, and registered with the Crossroads Bank for Enterprises under number 0695.731.510 (hereinafter referred to as: "happhy", "we" or "us")

If you wish to contact us, please e-mail us at: hello@happhy.com

By registering as a happhy user, you expressly acknowledge as a user (hereinafter referred to as the "Member), that:

  1. you had an opportunity to take cognisance of, and have read, understood and accepted these general terms and conditions, and also have been adequately informed about happhy's capabilities and operation;
  2. acceptance of the general terms and conditions is necessary in order to use the services provided by happhy;
  3. happhy is free to modify these general terms and conditions applicable to its services at any time. If applicable, you shall be notified well in time so that you can take note of the new general terms and conditions or delete your registration as a Member;
  4. you are of the required minimum age of 13 years.
2. Use of the Platform
2.1. Services

The aim of happhy is to provide a digital platform (hereinafter referred to as the "Platform") on which Members can give and receive advice in connection with health, sport and wellbeing (hereinafter referred to as: the "Services"), among others. happhy targets adults and young people from 13 years of age onwards.

happhy's Services can only be accessed via mobile apps for iOS and Android devices or via the website and include free as well as paid services.

2.2. Legal relationship

Only these general terms and conditions and the offer of the contract on the website and the app shall govern the contractual relationship between happhy and the User (hereinafter referred to as the "Contract").

2.3. Formation of contract

Registration (incl. acceptance of the terms and conditions) is required before you can access happhy to use its services. Upon receipt of written confirmation of any of the following formulas, you will be a happhy Member and the Contract shall be deemed to be concluded. As a Member, you can then expressly request happhy for the immediate initiation of the Services upon registration.

a) happhy Member

Registration as a Member makes you a happhy Member and creates the Contract between happhy and the User, to which the provisions of these terms and conditions shall apply. Registration as a happhy Member, except for happy Premium and happhy Pro (see below), is free of charge. The User must provide personal information (see privacy policy) to register (and subsequently use the Services of happhy) as a happhy Member. You will be requested to upload a photo, write a short biography, and fill in your surname and first name, date of birth, country, province and gender. Information about the User's interests will be requested, details of some professional accounts will have to be provided, and one has to accept the "community guidelines". If the Member uses the paid version, financial data will have to be entered and shared with our payment partner (which happhy itself does not store - it only passes it on). The Member is solely responsible for ensuring that all information the Member enters in the account and on the Platform is true, complete and accurate.

b) happhy Premium and happhy Pro

One can also opt for the happhy Premium membership. Here, the same information should be provided as for happhy Members. Information about the User's interests will again be requested, details of some professional accounts will have to be provided, and one has to accept the "community guidelines". Members can also choose to opt for a happhy Pro membership. This requests the same information as happhy Member and happhy Premium, but requires the provision of additional information, specifically: professional information such as the name of the company, a brief description, location, website, website link for appointments, and a phone number. Members should also state their specialisations (as well as whether they are certified to do so or not). Here as well, information about the User's interests will be requested, details of some professional accounts will have to be provided, and one has to accept the "community guidelines". The happhy Premium and happhy Pro Users must pay the agreed price upon registration. The Users are informed once again about the content of the respective paid service, and its price and payment conditions, before the conclusion of the paid contract relationship. The (paid) Contract is formed by payment in the App Store or Google Play Store.

2.4. Free and paid services

As specified, there are three different membership formulas, each with its own design. happhy is free to make changes to the functionalities of the various formulas. Such changes will be notified to Members no later than fourteen (14) days before the change. If the Member does not agree, he may terminate the registration on the Platform free of charge within this period.

a) happhy Member

The happhy Member formula involves a free membership formula. As a happhy member, one can:

  • create a happhy profile;
  • search for happhy pros, coaches and hotspots;
  • contact happhy pros for appointments or advice;
  • follow and support other happhy Members;

A happhy Member will also potentially be able to receive newsletters.

b) happhy Premium

The current price of the happhy Premium membership formula is clearly displayed on the Platform. As a happhy Premium User, one can:

  • create a happhy Premium profile, with a premium 'badge' on it;
  • search for happhy pros, coaches and hotspots;
  • contact happhy pros for appointments or advice;
  • follow and support other happhy users;
  • rate Happhy Pros;

In addition to the newsletter, happhy Premium Users can also receive advice on topics such as health and wellbeing. Such additional advice is optional and does not constitute the standard functionality of the Platform. happhy therefore offers no guarantee concerning its frequency.

c) happhy Pro

The current price of the happhy Premium membership formula is clearly displayed on the Platform. As a happhy Pro Member, one can:

  • create a Pro profile with a 'pro' badge on it;
  • increase Member company visibility and outreach to potential customers;
  • the profile links to the company and its website;
  • recruit new customers;
  • share health advice, products or services with other happhy Users;
  • follow and support other happhy users;
  • connect with other happhy Pros;

In addition to the newsletter, happhy Pros can also receive advice on topics such as health and wellbeing.

2.5. Duration

2.5.1. happhy Member

The Contract and these terms and conditions apply with effect from the Member's registration on the Platform, and continue to apply as long as the Member is registered on the Platform. The User may delete his/her account at any time. However, to effectively cancel the happhy Member membership, the Member should contact the App Store or Google Playstore.

2.5.2. happhy Premium & happhy Pro

One may opt for the paid membership formulas happhy Premium and happhy Pro for a duration of one (1) month, six (6) months, or one (1) year, which will automatically be tacitly renewed for the same duration. To discontinue the happhy Premium or happhy Pro membership, the User should contact the App Store or Google Playstore. In case the Member wishes to terminate his paid membership formula prematurely, happhy shall retain the paid membership fees.

2.6. Right of revocation

If the Member is a natural person, the Member has the right to revoke the Contract within a period of fourteen (14) days. If the request for revocation is not received within fourteen (14) days, the right of revocation shall expire and the Contract can only be terminated subject to termination of the Services or discontinuation of the account by the Member. The Members of the happhy Premium and happhy Pro formulas acknowledge and accept that the Services are provided immediately with effect from the written confirmation of the registration and payment, at the request of the Member. Consequently, if the right of revocation is invoked, the cost of use per month will be charged on a pro rata basis.

3. Payment

The conclusion of a paid membership (happhy Premium or happhy Pro) gives rise to a payment obligation which must be settled in full. The current prices of memberships are always indicated on the Platform. Happhy reserves the right to change prices from time to time. Payment shall be made via the Apple Store/ Google Playstore and is outside the responsibility of happhy. happhy uses a payment service provider as a third-party partner for this purpose. Happhy Premium and happhy Pro Users will have access to the (full) Services of happhy only after payment. In case happhy Premium and/or happhy Pro Members terminate their membership prematurely for any reason, happhy shall retain the amounts paid.

4. Data

The Members shall be solely responsible for the accuracy, quality, integrity, legality and reliability of any data, information or material exchanged through the Platform or through the app. Insofar as permitted by law, happhy cannot under any circumstances be held liable for any form of direct and/or indirect damage suffered by one of its Members due to the provision of erroneous data by another happhy User.

5. Technical provisions

happhy implements technical and organisational measures to secure the electronic transmission of data, information or material. Although happhy undertakes all reasonable efforts to keep the availability of the Platform as high as possible, uninterrupted availability cannot be guaranteed, among other things because of maintenance interventions or due to external causes. If such maintenance interventions are planned, happhy shall endeavour to inform the Members within a reasonable time prior to the interventions. happhy is not obliged to carry out updates or other maintenance works.

6. Privacy

happhy undertakes to comply with the applicable legislation in Belgium regarding the protection and processing of personal data (including the Privacy Law with respect to the processing of personal data) and their respective obligations under this legislation. happhy will act as a controller for the data necessary for the performance of the Contract, the operation of the business, as well as compliance with legal obligations. If Members themselves choose to share certain data directly with other Members or to share information that happhy has not requested for its Services or account registration, happhy does not act as a controller. Please refer to our Privacy Policy for further information on your privacy and data protection, such as how to exercise your rights.

7. Obligations of the User

7.1. Payment Obligations

The User is obliged to pay all outstanding amounts on time by the due date stated on the invoice or statement. In case of any delay in payment, happhy shall have the right to block access to happhy until payment of the full outstanding amount. In case of persistent non-payment, happhy shall be entitled by law to charge interest on the outstanding amount from the due date of the invoice. In addition, the Member will be liable to pay a damage compensation of 10% on the outstanding amount. If the Member is acting in a professional capacity, no prior notice of default is required.

7.2. Profile Security

The Member undertakes to comply with the following rules regarding the registration and security of his/her profile:

  • The Member shall provide only accurate, up-to-date, truthful and complete data to happhy. The Member alone shall be responsible for providing incorrect or incomplete data, as well as for the content published by him/her.
  • The Member shall not share his/her login details and/or password, which provides access to happhy's services, and shall use a strong password.
7.3. Behaviour and Content

The Member undertakes to behave prudently and will comply with the "community guidelines". Furthermore, the Member shall not, under any circumstances:

  • Post any content that violates happhy's "community guidelines" and/or violates happhy's rules;
  • Post any content that is or may be illegal, harmful, racist, hateful, offensive, threatening, or pornographic;
  • Bully, intimidate or harass other Members. If this occurs, these Members can contact happhy;
  • Use copyrighted works, as well as trademarks and confusingly similar signs, except with the necessary permission;
  • (Attempt to) intercept e-mails or messages.

In case of non-compliance with the obligations set out in this provision, the Member acknowledges and accepts that as soon as happhy becomes aware of impermissible behaviour or prohibited content on the Platform, it shall temporarily or permanently deny the concerned Member access to the Platform, and furthermore, shall permanently remove all prohibited content from the Platform.

7.4. Security of the Platform

The Member shall not do anything that may harm the Platform or app, for example by spreading viruses, spyware, worms or other malicious code or modifying or disabling safeguards.

7.5. Data Confidentiality

The Member must treat the (personal) data of other persons on the website or app with respect, and undertakes to treat the information on another Member's profile, such as photo(s), confidentially and, in this context, not to disclose, reproduce or otherwise (re)use it in any way, without the explicit consent of the Member concerned.

7.6. Data Examination

The Member agrees that happhy, on account of a question or complaint from another member or due to suspicions about (a) violation(s) of the above obligation(s), may examine the data and/or the behaviour provided by the Member for the purpose of verifying the possible violations indicated above.

7.7. Indemnification

The Member is obliged to indemnify happhy against any kind of charges, damages, losses or claims that might arise from his/her registration and/or participation in happhy. This applies in particular to damages on the grounds of defamation, insult, violation of personal rights, on account of the violation of these general terms and conditions, or due to the violation of intangible property or other rights. All the above obligations shall apply during the term of the Contract.

7.8. Service Offerings

In case of a violation of these obligations, the Member who himself offers services on the Platform guarantees to happhy that he possesses all required licences, certificates, permits, diplomas, training, authorisations, etc. required for offering and performing the offered services or expertise, and furthermore shall indemnify happhy in this context. The Member shall indemnify and hold happhy harmless from any damage arising from.

8. Liability

8.1. Platform Provision

happhy is obliged to provide the Platform on an "as is" basis, as known and accepted by the Member at the time of registration and Conclusion of Contract. In this context, happhy's Services merely consist of providing the Platform, with happhy merely acting as an intermediary between the Members by providing the necessary infrastructure.

8.2. Compatibility

happhy makes no warranty as to the compatibility of the Platform with applications, programmes or platforms not specifically designated as compatible.

8.3. Accuracy of Information

happhy cannot be held responsible for incorrect information in the applications and/or questionnaires of the Members. happhy is not and can never be held liable for the data provided by a Member when using a functionality of the Platform, on the profiles, or in the conversations between Users. happhy is also not liable for the accuracy of the data provided by the happhy Pros in connection with their certificates or professional practice. In that respect, the Member acknowledges and accepts that happhy is not an appropriate environment for the transmission of medical information, sensitive personal data or health data related to a Member. If such data is shared by a Member on the Platform, the Member shall be liable for any damages and consequences arising therefrom in respect of himself, happhy and third parties.

8.4. Nature of Services

The Member acknowledges and accepts that the Services provided by happhy are only technical in nature and are not medical or health-related. happhy only conducts a limited investigation into the identity of the Members on the Platform and cannot be held liable in any manner for any damages pursuant to any misrepresentation by a Member or believing any impression created by such Member.

8.5. Member Responsibility

happhy can in no way be held liable for any damage as a result of the use by a Member of information originating from another Member, regardless of the form in which it was made available. happhy shall not be responsible for the things its Members or Pros do on the platform, and what they communicate to other Members and/or Pros.

8.6. No Guarantees

happhy does not guarantee that the platform will achieve specific goals in connection with matters such as health, sports and wellbeing, nor does it guarantee the effective recruitment of clients for the happhy Pros, nor does it guarantee the frequency with which certain advice is provided by Members to each other.

8.7. Limitation of Liability

However, barring fraud or wilful misconduct, happhy shall not be liable for consequential damages and/or any indirect damages whatsoever, including loss of use and profits, loss of reputation (e.g. due to offensive or defamatory statements or loss of, use of or changes to your data or content), loss of an opportunity, loss or damage to data, or damage to third parties.

8.8. Exception to Liability

Notwithstanding the fact that happhy's liability is limited to the extent permitted by law, happhy shall remain liable for bodily harm, intent, fraud and manslaughter.

8.9. Complaints Procedure

Any complaint that a Member wishes to make should be addressed by means of a reasoned letter, to: hello@happhy.com.

9. Suspension - Termination

9.1. Non-Compliance Measures

If the Member does not respect the obligations linked to membership under these general terms and conditions (in particular but not limited to clause 7), happhy has the right to take appropriate measures, including but not limited to: deleting the relevant content or data, blocking the Member's profile, or blocking access to certain functions. happhy may also delete content or data if it is legally obliged to do so. The Member has the right to oppose these measures (see contact details under point 1).

9.2. Profile Suspension

As soon as a profile is reported three times or has violated the provisions of clause 7, happhy is entitled to temporarily block the Member's profile. However, the Member always has the right to send an e-mail to hello@happhy.com asking for clarification. If the User fails to send an email to happhy asking for clarification within fourteen (14) days of the blocking, the profile will be permanently deleted, without the Member being able to claim any compensation from happhy. In case the Member does send an e-mail to happhy within fourteen (14) days, the Member shall be notified of the reason for blocking. If the User subsequently fails to remedy the breach within the fourteen (14) days following happhy's clarification, the profile will be deleted. The same applies if no recovery is possible.

9.3. Compensation for Termination

No party shall be entitled to compensation or indemnity for termination under any of the cases provided for in the present article.

9.4. Survival of Commitments

The commitments, rights and obligations, which by their nature are deemed to survive a termination, regardless of the cause of their termination, shall continue to remain in force, like the provisions on the protection of personal data.

10. Intellectual Property Rights

10.1. Member's Right of Use

By registering on the Platform, the Member is granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable right to use the Platform and the underlying software solely for the use of the Services on his device. Such rights of use are personal in nature. The rights of use available to the Member shall be limited to those rights that happhy grants to the Member under these general terms and conditions and the Contract. The Member is not allowed to copy, modify, distribute, sell or rent the Services and software of happhy, ascertain the source code, or attempt to duplicate it, except as permitted by law or by happhy by way of prior written consent. The Member is also not allowed to deploy automated techniques that may interfere with the normal operation of the Services or the Platform.

10.2. Ownership of Services and Platform

The Services and the Platform are the sole property of happhy or its service providers, and nothing in these terms and conditions, the Contract, or the licence granted, can be understood as a transfer of happhy's intellectual property rights. Use of the Services and the Platform do not confer any property rights on the Member over the Platform or its content. The Member may not use any content on the Platform (excluding content posted or generated by the Member himself/herself) without the prior written permission to do so from the respective owner or happhy. The Member is not permitted to use happhy's brand or logo in promotions or advertising by a Member, unless happhy expressly gave its prior written consent for the same.

10.3. Member's Ownership of Content

The Member remains the owner of the content he himself publishes or posts on the Platform, at all times. The Member thereby warrants to happhy that it may post such content and acknowledges that happhy shall have the power to use, host, store, reproduce, adapt, create derivative works from, communicate, publish, publicly perform, publicly display and distribute such content, and shall indemnify happhy against any third party claims in that regard.

11. Final Provisions

11.1. Applicable Law and Jurisdiction

The Contract is solely subject to Belgian law. In case of any dispute regarding the formation, performance, compliance, validity or any other dispute under the Contract, only the courts of Hasselt, Belgium shall have jurisdiction.

11.2. Severability

If any provision of the Contract or of these general terms and conditions should be declared wholly or partly void or unenforceable by a court, this Contract shall continue to exist, for the other provisions hereof, and for the remainder of the said provisions. The parties agree that in such a case, the invalid or unenforceable provision shall be replaced by a legally valid and enforceable provision that is in line with the original intention.

11.3. Waiver

Failure if any by happhy to demand compliance with the provisions of the Contract shall not constitute a waiver or relinquishment of the application of this or any other provision.

11.4. Third-Party Services

The Services may be made available or accessible in connection with services and content (including advertisements) operated by third parties with different terms of use and privacy policies. Wherever applicable, happhy does not provide any warranty with respect to these third-party services and content, and shall not be responsible or liable for their products or services. Your access to the services and products using these applications or devices shall be subject to the terms and conditions set out in their respective terms of service and privacy policies.

HAPPHY COMMUNITY GUIDELINES

In brief: happhy users should always behave according to happhy's "Community guidelines", which they shall also accept when creating the profile, in particular:

  • treat the happhy members with kindness, warmth & respect
  • spread positivity
  • advise safely
  • motivate each other
  • no hate speech
  • use authentic content
  • stay on the happhy topics
  • respect privacy
  • report violations

To summarise, happhy shall remain a trusted and safe place for advice on sports, health and wellbeing. We appreciate the help of all happhy members in strengthening the happhy community. Post only your own content and always abide by the law. Please respect all happhy members and do not bother anyone (no spam).

More detailed:

  • Treat happhy members in a friendly, warm and respectful manner and spread positivity.
  • Rule number one: treat your fellow happhy members as you would wish to be treated yourself. Happhy wishes to be a reflection of today's society, in all its diversity (cultures, ages, beliefs, etc.). We have thought a lot about the different perspectives that, when combined, create a safe and open environment for all.
  • We have created community guidelines to ensure that every happhy member can help strengthen and protect the happhy community. By using the happhy app, you agree to our guidelines and our general terms and conditions. happhy lives by these guidelines with conviction and hopes its members do the same. Violation of these guidelines may result in deleted content, disabled accounts or other restrictions.
  • Advise in a conscious, safe manner: As a happhy pro, you play a very important role and should be aware that members look up to you and trust the advice and tips you provide. As a happhy pro, it is important to advise happhy members in a conscious and safe manner.
  • Motivate each other: For all members of the happhy community, the key issues include wellbeing, health, and sport, and therefore happhy wishes to call on its members to support and motivate each other to the extent possible. This will create a community in which members and pros feel welcome and happy.
  • Refrain from hate speech: We want to use happhy to foster a positive and diverse community. happhy may at any time remove any content containing credible threats or hate speech, content aimed at humiliating or shaming individuals, personal information aimed at blackmailing or harassing a person, and repeated unwanted messages. It is never acceptable to encourage violence or attack anyone on the basis of race, origin, nationality, sex, gender, gender identity, sexual orientation, religion, disability, or illness. When hate speech is shared to discuss it, or to make people aware of it, it is permissible, provided this is clearly understandable from the message. Serious threats that endanger public safety or personal security are not allowed. This covers specific threats of physical violence and threats of theft, vandalism, and other financial damage.
  • Use only authentic content: You own the content you post on happhy. Remember to post authentic content and don't post content that you have simply copied or collected from the internet without permission and are therefore not legally allowed to share.
  • Stick to the happhy topics: happhy values meaningful and genuine interaction between its users. So stick to the topics happhy stands for (health, wellbeing, healthy eating, fitness, personal training, etc.). happhy requires its users to provide happhy with accurate and up-to-date information. Do not pretend to be other people or create accounts with the aim of violating happhy community guidelines or misleading other members.
  • Respect each other's privacy: Honest communication within the happhy community can only happen if the privacy and data of other users (or other individuals) are protected. Breaches of the privacy of other users or individuals include:
    • publishing photographs showing other persons without their consent;
    • content containing contact details of other persons without their consent (such as an e-mail address or telephone number);
    • publishing instant messages or texts containing information of other persons without their consent;
  • Ensure compliance with the law: happhy is no place for supporting or recommending terrorism, organised crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products as between private individuals is also prohibited. happhy has a zero-tolerance policy for sharing sexual content of minors or posting intimate images of others. Always abide by the law when it comes to selling or buying regulated goods.
  • Report breaches: All happhy members are part of the happhy community. If you see something you suspect is in breach of our guidelines, you can help us by using our reporting option. When you complete the report, try to add as much information as possible so that we can find and review the content quickly. You may come across content that you do not like, but which does not violate community guidelines. In that case, you can stop following the person who posted the content.

Thanks for your help in creating a happy and healthy community!