1.1 These conditions for use apply to the use of the Benefits at Work platform https://daikin.benefitsatwork.be (‘benefits platform’) by the employees/members of the company/organisation Daikin (‘employees’; ‘company’).
1.2 The employee accepts the application of these conditions for use as from his/her registration on the benefits platform.
1.3 We are entitled to amend these conditions for use from time to time. The employee accepts the application of the amended conditions for use from his/her first login on the benefits platform following the notice of the amended conditions for use.
2.1 The use of the benefits platform by the employee is free of charge, but requires prior registration. An employee may register only once and is directly or indirectly the holder of one registration.
2.2 The employee receives the login details for the benefits platform during registration. These login details are personal and grant only the employee the right to use the benefits platform. The employee therefore may not disclose and/or transfer these login details to third parties, or grant third parties access to the benefits platform in any other way. The employee will protect these personal login details against misuse by third parties and at all time prevent a third party from gaining access to the benefits platform with the help of these personal login details.
2.4 The parties may terminate the employee’s registration at any time subject to a one-month notice period following a written notice of termination.
2.5 We reserve the right at any time to refuse or deprive an employee access, or temporarily suspend his/her access, to the benefits platform with immediate effect and without any prior notice of default or other notice for reasons that include a contravention of the provisions of these conditions for use, suspected fraud, improper or dishonest behaviour, and on the date when the employee leaves the company.
3.1 The benefits platform is a virtual market place where the employee can meet one or more offerers with a view to concluding one or more transactions.
3.2 However, any transaction between the employee and an offerer is concluded entirely outside the benefits platform in accordance with the terms and conditions agreed between the employee and the offerer. We are not a contractual party to this transaction and therefore cannot be held liable by the employee or offerer for the execution of the transaction, nor do we give any warranty or after-sales service in relation to this transaction.
3.3 If the employee has any complaints or comments to make with regard to a transaction, he/she must approach the relevant offerer directly.
4.1 Although we give offerers the opportunity to present their offer under the best circumstances on the benefits platform, we do not exercise any influence over the content of this offer. Accordingly, we cannot give any warranties in relation to this offer, including with regard to the information given by the offerer and the quality, suitability and/or availability of the offer. We likewise cannot warrant that offerers will actually give discounts, benefits or savings.
4.2 We do our utmost to find professional offerers for the benefits platform. However, we cannot give any warranties with regard to their contractual behaviour, after-sales service and/or solvency.
5.1 We pay the utmost attention and care to the content of our website. However, this content is subject to change, can be removed at any time, and is presented without any explicit or implicit warranties regarding its accuracy. We are not liable for damage or loss that arises from the use of our website content, regardless of whether this has turned out to be correct or incorrect, nor for damage or loss that is caused by the use or distribution of this content.
5.2. We do our utmost to provide access to our website 24 hours a day, 7 days a week. However, in view of the technical characteristics of the internet and of IT resources, and of the need to periodically perform maintenance, updates or upgrades, we cannot warrant uninterrupted access and services. In case of a normal and acceptable interruption or disruption of the access or services, we shall do our utmost to remedy this situation as soon as possible. Such normal and acceptable interruptions or disruptions are inherent to online services and cannot be regarded as our failure.
5.3 Notwithstanding the other provisions of these conditions for use and/or provisions of mandatory law, we are liable only for the foreseeable damage or loss that is a direct result of a failure that is attributable to us. We cannot be held liable to compensate any indirect or consequential damage or loss, such as damage because of not having access to a product or service, damage because of the loss of a discount, saving or benefit, damage because of the loss or damage of data, etc.
6.1 We are the exclusive holder or assignee of all of the intellectual property rights relating to the website and the provision of our services. The employee undertakes not to in any way or in any form copy, edit, exploit, transfer, resell or otherwise use all or part of the constituent elements of our website. These elements include the trademark, texts, software, databases, forms, trade names, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, layouts and page arrangements, and any other element of the website and the provision of our services that is eligible for protection.
7.1 Belgian law applies to these conditions for use.
7.2 The Justice of the Peace Court of the first subdistrict of Hasselt, the Limburg Court of First Instance (Hasselt division) or the Antwerp Commercial Court (Hasselt division) are competent to hear any disputes, each in accordance with their own material jurisdiction.