General Terms and Conditions - Users
Article 1: Subject
Joyn is a service (the “Service”) provided by Joyn Belgium NV (Fonsnylaan 46 box 59, 1060 Brussels,, BE0846.759.718, firstname.lastname@example.org), via www.joyndev.kinsta.cloud (the “Website”), via the Joyn application (the “Joyn app”) and/or the Joyn loyalty card (the “Loyalty card”). This Service provides you, as a user (the “User”), with the opportunity to collect loyalty points (“Points”) when purchasing products or services from Joyn businesses (the “Merchants”). In accordance with the valid offers (the “Offers”) at the relevant Merchant or Joyn partner (the “Partner”), you may exchange these Points for advantages (the “Advantages”). Refer to www.joyndev.kinsta.cloud for practical information and an overview of the participating Merchants and Partners.
Article 2: Prior registration
In order to enjoy the Service, you shall create a unique User account via the App or via the tablet in the Merchant’s business (the “Registration”). You shall declare that all the personal data (the “Personal Data”) you provide upon Registration is true, up to date and complete, and shall undertake to inform Joyn Belgium NV without delay of any changes to the Personal Data you provided. You shall register as a User only once.
Article 3: Applicability and modification of the Terms and Conditions
The Service shall be subject to these General Terms and Conditions (the “General Terms and Conditions”). You shall confirm to have taken knowledge of these General Terms and Conditions prior to your Registration, and by registering, you shall accept that these General Terms and Conditions apply to the Service. These General Terms and Conditions can be consulted at any given time via the Website.
Joyn Belgium NV shall reserve the right to modify these General Terms and Conditions. Any modifications to these General Terms and Conditions shall occur by posting a renewed and amended version of these General Terms and Conditions on our website. By using our services and website, you shall agree that each use shall be in accordance with the General Terms and Conditions applicable at that time.
Article 4: Points & Coupons
When purchasing a product or service, a Merchant can offer you one or more Points, in accordance with the conditions and modalities of the applicable Offer(s). You may exchange these Points for an advantage from the relevant Merchant in accordance with the conditions and modalities of the applicable Offer(s).
The Merchant shall be free to determine which advantage is associated to a Point as part of an Offer. A Point shall have no (minimum) financial counter value.
It is prohibited to transfer Points to third parties, to trade Points or to commercialise them.
The Points’ validity period shall be limited to the duration of the Service. The Points’ validity period shall also be limited to the duration of the cooperation between Joyn Belgium NV and the Merchant who offered the Points. If the cooperation between Joyn Belgium NV and the Merchant is cancelled, the Merchant shall be bound to accept the exchange of Points during a notice period of one month. Joyn Belgium NV shall notify you of this notice period. If the cooperation between Joyn Belgium NV and the Merchant is dissolved, the Merchant shall be bound to offer you a compensation for the Points that were not exchanged, provided you visit the Merchant within one month after the cessation date. The Merchant shall be free to determine this compensation.
The Merchant shall also have the option to offer direct advantages (the “Coupons”) using various channels, including emails and the Joyn app. Coupons must be activated by the Client, and then redeemed in the business. It is prohibited to transfer Coupons to third parties, to trade Coupons or to commercialise them. The validity period, the amount of coupons available and any other conditions of a Coupon shall be determined by the Merchant exclusively, without intervention from Joyn. The Merchant shall reserve the right to withdraw active Coupons, after which any right of the User to redeem these Coupons shall lapse.
Article 5: Termination of the Service
You may terminate the Service at any given time and with immediate effect by sending an email to email@example.com.
Joyn Belgium NV can terminate the Service, subject to a notice period of 30 days after the notification sent via email. During this notice period of 30 days, you may continue to use the collected Points. In addition, Joyn Belgium NV shall reserve the right to terminate the Service with immediate effect and without prior notice of default, via notification sent by email in the event you violate these General Terms and Conditions and/or in the event you use the Service in a manifestly unreasonable or abnormal manner.
Upon termination of the Service – on your initiative or on the initiative of Joyn Belgium NV – you shall lose all rights associated to the Points not exchanged at that time, and this with immediate effect, and Joyn Belgium NV shall not be bound to offer any compensation.
In the event Joyn Belgium NV decides to terminate the entire Service, it shall notify its Users thereof via the Website or via email. In this event, Joyn Belgium NV shall offer a period of three (3) months during which the Users shall have the opportunity to exchange the Points they have collected but not exchanged, in compliance with the conditions and modalities of the applicable Offers. This period of three (3) months shall commence and end at the time stated on the Website or in the email. Upon expiry of this period of three (3) months, all rights associated to the Points that are not exchanged at that moment shall lapse with immediate effect, and Joyn Belgium NV shall not be bound to offer any compensation.
Article 6: Complaints
Any complaints regarding the Service shall be sent to Joyn Belgium NV by email, to the following address: firstname.lastname@example.org. Any possible complaints regarding the Service shall, on pain of forfeiture, be notified to Joyn Belgium NV by email within 14 days after you have taken knowledge of, or after you are deemed to have taken knowledge of the event giving rise to the complaint. Any legal action regarding the Service shall, on pain of forfeiture, be brought before the competent legal authority within 60 days after the notification of the complaint in compliance with this provision.
However, in the event you have any complaints regarding a Merchant, regarding an agreement you have concluded with a Merchant or regarding a Merchant’s Offer, you shall address the Merchant concerned directly. Joyn Belgium NV is not a contracting party in the context of such agreements and is not involved in the Offers the Merchants offer, the conditions and modalities of these Offers and/or the amount of Points the Merchants offer the Users as part of these Offers.
Article 7: Liability
Joyn Belgium NV’s liability shall be limited to an obligation of means, which shall consist in providing the Service to the best of its abilities, subject to the conditions and modalities of these General Terms and Conditions. Joyn Belgium NV shall not be held liable for any damage partially or entirely resulting from your own careless or unlawful conduct (e.g. loss of or damage to Loyalty card, fraud etc.). In addition, Joyn Belgium NV shall not be held liable for any damage you may incur due to a Merchant’s possible breach of its commitments under an agreement you have concluded with this Merchant or under an Offer this Merchant has offered you.
Article 8: the Joyn app
By downloading the Joyn app, you shall receive, for the duration of the Service, a free, non-exclusive licence fee to use this Joyn App (and the underlying software) with the exclusive purpose to enjoy the Service in compliance with the conditions and modalities of these General Terms and Conditions and the applicable relevant legislation.
Article 9: Final provisions
Any disputes regarding the Service shall be governed exclusively by Belgian law. The peace court or the courts in the User’s residence shall be exclusively competent to rule on any possible disputes regarding the Service.