23/03/2023

YourCampus Terms & Conditions

Applicable To The Following Mobile Application: YourCampus

YourCampus B.V. (“YourCampus”, “We”, “Our”, “Us”) provides an integrated platform for employee benefits-as-a-service through a mobile application (hereinafter the “Mobile App”), as well as a website (hereinafter: “Website”) containing relevant information to the services We provide (hereinafter collectively referred to as the “Service(s)”). The Mobile App enables You, the individual (“User(s)”, “You”, “Your”), to make use of experiences and offerings (“Benefit(s)”) from third party providers (“Partner(s)”) and/or a monthly and/or a one-off budget (“Budget”) as offered to You by Your Employer (“Employer(s)”, “Customer(s)”).

These User Terms & Conditions (“Agreement”) govern Your individual access and use of the Services and apply to You as a User of the Services. Offerings/experiences offered by Our Partners are recorded in a separate agreement between You and the Partner, YourCampus is not a party to such an agreement (hereinafter: “Delivery Agreement”).

YourCampus only facilities the offering of benefits through the Services, the actual benefits themselves are offered by Our Partners. Any order placed by You constitutes an agreement between the Partner and You. Any terms and conditions applicable to the order as made available by the Partner will be made available by the Partner before finalizing the order and placing the order for benefits as such means You accept the terms and conditions from the Partner in conjunction with the order.

Please review this Agreement carefully. By using any of the Services, You accept the terms of this Agreement. Your account registration as a User in the Services constitutes an acknowledgement that You are able to electronically receive, download and if so required, print this Agreement, and that You consent to do business electronically. This Agreement governs Your use of the Services however accessed, including via an internet browser, smartphone, tablet, or other internet connected device.

  1. Acceptance of terms

1.1 After registration with Your account, You must accept the terms of this Agreement before You may access and make use of the Services. By accepting this Agreement, or by accessing or using the Services, You represent and warrant the following:

You are at least 16 years old;

You are not a person barred from receiving the Services under the laws of the Netherlands or other applicable jurisdictions; and

All registration information You submit to the Services is truthful and accurate.

1.2 We reserve the right to update this Agreement at any time, at Our sole discretion, and will notify You of such updates by posting such changes on the Mobile App (or by email), or such other reasonable means. You can find the most recent version of this Agreement at https://www.yourcampus.nl/terms-conditions with the date of last modification noted above. It is Your responsibility to check that web page frequently to make sure You are familiar with any changes to this Agreement. Such modifications shall become effective immediately upon the posting thereof. If You do not agree to the revised terms and conditions, Your sole recourse is to cancel Your account and cease all use of the Services. We will inform You about Your right to terminate the Agreement through the Mobile App (or by email). Your continued access and use of the Service following notification of an updated version of this Agreement shall constitute Your acceptance of the revised Agreement.

  1. YourCampus Service

2.1 Partners provide a wide range of offerings and/or experiences to You. Subject to and conditioned on Your compliance with the terms of this Agreement, You shall have a non-exclusive, non-transferable, limited right, during the Term (as defined below) to access and use the Service and to spend the Budget or redeem the Benefits that have been offered to You by Your Employer and/or Partners. Except for the express licenses granted in this paragraph, no other rights are granted by YourCampus hereunder, by implication, estoppel or otherwise, and all rights not expressly granted herein are reserved.

2.2 You are responsible for providing adequate Internet connectivity, software and hardware to be able to access and use the Services. You understand that in order to use the Services, a modern browser is recommended. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers and earlier versions of the recommended browsers, but please keep in mind that the Services was not designed for use or compatibility with web browsers other than the ones We specifically recommend here. You are responsible for procuring and maintaining all hardware, software and telecommunications Services needed to connect to the Services and for paying all third-party access charges (e.g., internet Service supplier fees).

  1. Use of the Service

3.1 Acceptable Use. You agree that You will not, and will not permit or encourage any other Users or other third party to, directly or indirectly:

  1. Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;
  2. Use the Service in violation of any federal, state, local, or international laws or regulations;
  3. Copy, circulate, distribute or link to any of the Benefits, without Our prior written consent;
  4. Share Your log-in, password, or otherwise permit a third party to access or use Your account or that of another User;
  5. Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without Our prior written consent;
  6. Use the Service for storing or transmitting infringing, libelous, offensive, defamatory, pornographic, obscene or otherwise objectionable, unlawful or tortious material;
  7. Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Website, Service, and/or Our computer systems;
  8. Interfere with other Users use or enjoyment of the Service;
  9. Attempt to gain unauthorized access to the Service or to another User's account or any related systems or networks;
  10. Copy the user interface design, workflow, or any features of the Website and/or Service or use any of the foregoing for any purpose other than the Service as defined herein;
  11. Modify, publish, transmit, reproduce, create derivative works from, distribute, display, link to, frame with other content or incorporate into another website the Website and/or Service, in whole or in part;
  12. Take screenshots or videos of the Website and/or Service in order to share the information with one of Our competitors or a company seeking to create and/or offer Services similar to the Service;
  13. Impersonate or misrepresent any individual or company to Us;
  14. Use the Service to infringe the copyrights or other intellectual property rights of any third parties;
  15. Modify, adapt or hack the Website and/or Service or modify another website so as to falsely imply that it is associated in any way with Us, the Website and/or Service;
  16. Abuse or threaten (including threats of abuse or retribution) in any way any of Our employees, officers, or other affiliates through verbal, physical, written, or other means;
  17. Upload, post, or transmit unsolicited email, SMSs, or "spam" messages;
  18. Duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Website and/or Service without Our prior written consent;
  19. reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive the source code underlying the Services;

3.2 Notice of Unauthorized Use. You must immediately notify Us of any unauthorized use of Your account or the Services that come to Your attention. In the event of any such unauthorized use, You will take all steps necessary to terminate such unauthorized use. Additionally, You will provide Us with such cooperation and assistance related to any such unauthorized use as We may reasonably request.

  1. Changes and updates to the Service

4.1 You understand that the Services may change over time as We refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Services, at any time, with or without notice, in Our sole discretion. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. YourCampus does not guarantee the availability of the Services and/or other benefits contained therein, and they are all subject to change at any time without notice.

4.2 You understand that all offers and prices from Partners presented in the Mobile App are subject to change, such change being at the sole discretion of the Partner and YourCampus.

  1. User account(s)

5.1 Account Registration. To obtain access to the Services as a User, You are required to obtain a login to the Mobile App from Your Employer, who will provide Your name, and email address to YourCampus so that YourCampus may verify that You are authorized by Your employer to use the Services and with which information YourCampus will register an account for You. To make use of the Services, You must meet the conditions set forth in the “Acceptance” section above, including: (a) providing true, accurate, current and complete information about yourself as requested by Your employer, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your User account login is personal to You and may not be shared or used by anyone else.

5.2 Account Security. Only You may use Your User account login. You are entirely responsible for maintaining the confidentiality of Your User account password and You agree not to disclose such password to any other User or third party or let any third party use the Service on Your behalf. You must contact Us immediately if You suspect misuse of Your User account or any security breach in the Service. Please be aware that You are responsible for any and all activity occurring through Your User account, whether or not You actually authorized that activity.

  1. Taxes

6.1 The Dutch taxing authority (Belastingdienst) may deem Your redemption of Benefits as the equivalent of taxable income to You. Further, Your employer may report its offering of Benefits to the taxing authorities as additional compensation to You. You together with Your Employer, and not YourCampus or any of the Partners, are responsible for determining whether You need to include Your redemption of Benefits as additional income when You prepare Your tax returns. You will be responsible for all taxes related to Your use of the Service and Your redemption of Benefits. You agree to indemnify and hold YourCampus and its Partners harmless from any claim by any taxing authority related to Your use of the Service and Your redemption of Benefits.

  1. Cancellation and termination

7.1 Term. This Agreement is effective and You will continue to have access to the Service until either:

  1. Your employer terminates its commercial relationship with YourCampus; or
  2. We terminate Your account for violating this Agreement; or
  3. You properly cancel Your account in accordance with this Agreement (“Term”).

7.2 Termination. You are solely responsible for properly canceling Your account. You may cancel Your account at any time by sending Us an email at support@yourcamp.us. All cancellations will be processed within forty-eight (48) business hours of receipt of the request for cancellation. YourCampus may immediately suspend Your account or terminate this Agreement without liability if you are in violation of this Agreement, as determined by YourCampus in its sole discretion. We will attempt to notify You of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, We reserve the right, at any time and in Our sole and absolute discretion, to temporarily suspend access to the Services (in whole or in part) for:

  1. scheduled or unscheduled maintenance;
  2. purposes of maintaining the security and/or integrity of YourCampus' network, hardware, or associated systems or those of its third party Partners; or
  3. failure by Your employer to timely pay the Service Fees or to comply with its agreements with YourCampus.

7.3 Effect of Termination. Upon termination of this Agreement or cancellation of Your account, all rights granted to You hereunder will immediately terminate and You will lose access to and will cease all use of the Service.

As YourCampus is not a party to any Delivery Agreement as entered into between You as User and a Partner, termination of this Agreement will not apply to the Delivery Agreement. Thus, from termination of this Agreement onwards, the (continuation of the) Delivery Agreement, the terms of continuation as well as all communication relating thereto, will be the sole responsibility of You and/or the Partner.

  1. Third-party linked Service and content

8.1 The Website, Mobile App and the Services may contain features and functionalities linking You or providing You with certain functionality and access to third party content, such as that of Partners, including but not limited to third party websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or Services, and the Internet as a whole. When You engage a third party's website or Service which is linked to the Website and/or Service, You are interacting with the third party and not with Us. Such linked websites are not under Our control and We are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. Posting of a link to another website does not constitute endorsement of that website (or any of the products, Service or other materials offered through that website) by Us or Our licensors, regardless of whether or not the link is associated with any offering listed on Our Website.

  1. Terms of redemption of Benefits

Budget awarded to You by Your Employer is redeemable for certain goods, other services or Benefits by, or facilitated through, the Partner identified on the Benefit chosen. You acknowledge and agree that:

the Partner is the issuer of a Benefit and is fully and solely responsible for all goods and services it provides to You and assumes all liability for any and all injuries, illnesses, death, damages, claims, liabilities, losses and costs (“Liabilities”) it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Reward or not;

YourCampus is not liable for any financial loss or forfeit of funds due to cancellations or reschedules, including for Your travel, transportation or lodging in connection with redeeming, attending or participating in a Benefit.

You also acknowledge and agree that You understand the risks associated with attending and participating in the Benefit You have chosen. You waive and release YourCampus and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any acts, errors, breaches, misrepresentations, misconduct, non-performance or omissions of a Partner, the lack of availability of any Benefit or Your inability to redeem a Benefit on the date You have selected. Descriptions of the products or services advertised on the Website are provided by the Partners and adapted by YourCampus. YourCampus is not responsible for any performance, availability or quality claims associated with Benefits.

YourCampus may, in its sole discretion, verify a User's identity prior to processing a redemption of a Benefit. YourCampus may also refuse to process, or may cancel, a redemption of a Benefit, as reasonably deemed necessary to comply with applicable law or to respond to cases of misrepresentation, fraud or known or potential violations of the law or this Agreement. If a Benefit becomes unavailable before ordering and/or during processing, YourCampus will either cancel or not process the order and will notify You by email. YourCampus reserves the right, at its sole discretion, to not process or to cancel any orders placed for the redemption of a Benefit whose price was incorrectly posted on the Service as a result of an error. If this occurs, YourCampus will notify You by email. YourCampus is a Service provider for the Partners identified on the Rewards and the Partners are the sole issuers of the Benefits.

Proprietary rights
11.1 Our Proprietary Rights. As between the parties, YourCampus owns and shall retain all right, title and interest in and to:

the Mobile App, Website, and/or Service(s), including all intellectual property rights therein; and

all operational and performance data related to your use of the Services including, without limitation, which features are used, time spent using the Services, and similar data and metadata created in connection with the Services, together with analysis of such operational and performance data and derived findings, correlations, discoveries, and other insights or learnings derived by YourCampus from such analysis (collectively, “Performance Data”). YourCampus may collect, use, and disclose all such Performance Data for its business purposes (such as software use optimization and product marketing), including by combining and analyzing Performance Data with other data. YourCampus shall not disclose Performance Data to any non-affiliated third party unless such Performance Data has been anonymized or de-identified, or is disclosed in aggregated form, in all cases such that Performance Data does not reveal Your identity, any of Your confidential information, or any personally identifiable information that belongs to You.

11.2 Your Rights. You retain all right, title and ownership interest in and to the information provided, inputted, or uploaded to the Services by You or on Your behalf (“Data”). YourCampus has no right, title or interest in any personally identifiable information contained in or related to Your Data.

11.3 Trademarks. The Website and/or Mobile App contain valuable trademarks owned and used by Us to distinguish the Website and Mobile App from those of others. The Website and/or Mobile App may also contain references to other entities' trademarks and Service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or Service marks appearing on the Website and/or Mobile App. You agree not to use or display any trademarks You do not own without Our prior written consent or the consent of the owner of such mark.

Electronic communications
By registering for the Services, You understand that We may send You communications or data regarding the Services, including but not limited to notices about Your use of the Services (including any notices concerning violations of use), updates, and promotional information and materials regarding the Services, all in electronic form via the email address You specified when You registered. In the event that We send such communications, You will have the opportunity to opt-out of receiving future messages in accordance with the terms of the YourCampus Privacy Policy.

Disclaimer of warranties
We provide Our Services to You "as is", "with all faults" and "as available". You agree that any use of and reliance upon the Services (including any and all of the information, content, and/or materials contained therein, or results obtained therefrom) by You is at Your sole risk. To the maximum extent permitted by applicable law, We make no (and specifically disclaim all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. In addition, YourCampus does not warrant that access to the Service or Website will be uninterrupted, error-free or free of harmful components, or that information obtained through the Service will be accurate or reliable. YourCampus makes no claims or promises with respect to any third party, such as the Partners listed on the Website. Accordingly, YourCampus is not liable to You for any loss or damage that might arise from their actions or omissions or Your inability to redeem any Benefits. Your purchase and use of the Benefits through the Website is at Your own discretion and risk.

Limitation of liability
To the maximum extent permitted under applicable law, in no event will YourCampus, or its officers, employees, or Partners be liable to You (or any party claiming through You) for any lost profits, loss of business opportunity, loss of data, or any indirect, special, incidental, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise; and YourCampus and its officers and employees shall not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with:

these Terms; and/or

the use of or inability to use the Website or the Mobile App or any related content; and/or

any communications, interactions or meetings You may have with someone You interact or meet with through, or as a result of, Your use of the Website or Mobile App, even if YourCampus or its officers and employees have been advised of the possibility of such damages; and/or

YourCampus and its officers and employees shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Partners or third parties for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

To the maximum extent permitted under applicable law, YourCampus, and its officers and employees maximum aggregate liability to You for losses or damages that You suffer in connection with the Services, Website or this Agreement is limited to the amount that is paid out by the insurance company of YourCampus.

As YourCampus is merely the provider of the Mobile App and thus never becomes a party to the Delivery Agreement between You and the Partner, YourCampus can never be held liable for any type of damage allegedly suffered by You (or any party claiming through You) through actions of a Partner under the Delivery Agreement.

YourCampus shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly by reason of fire, flood, earthquake, pandemic, explosion or other casualty, strikes or labor disputes, disruptions of telecommunication systems, server outage, inability to obtain supplies or power, war or other violence, any law, order, forced shutdown, embargoes, special regulations of government authorities, terrorist threats, proclamation, regulation, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever that is beyond its reasonable control, fault or negligence.  Accordingly, YourCampus shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, or acts of any government or authority.

  1. Miscellaneous

15.1 Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the Services. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the parties relating to Your use of the Services (including, without limitation, any prior versions of this Agreement).

15.2 Assignment. You may not assign this Agreement in whole or in part, by operation of law or otherwise, and any attempt to do so will be null and void. We may assign this Agreement, in whole or in part, at any time without notice. This Agreement shall be binding upon and shall inure to the benefit of Your and YourCampus' successors and assigns.

15.3 No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of Our right to assert or rely upon any such provision, right or remedy in that or any other instance.

15.4 Independent Contractors. This Agreement does not create a joint venture, agency, or partnership between the Parties; instead, the relationship between the Parties is that of independent contractors. Our engagement with You under this Agreement is non-exclusive, and YourCampus reserves the right to offer the Services to any other parties.

15.5 No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties and there shall be no third party beneficiaries except as otherwise expressly provided under this Agreement.

15.6 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.

15.7 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands, without regard to its principles regarding conflicts of law. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be exclusively resolved by the competent court in Amsterdam, the Netherlands.

15.8 Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

15.9 Survival of Terms. Other than Your ability to access and use the Service, the remainder of the terms of this Agreement shall survive termination of Your subscription to the Service and any termination of this Agreement.

  1. What personal information do We collect?

Information on what We collect and how We use and store Your personally identifiable information is detailed in the YourCampus Privacy Policy available at https://yourcampus.nl/privacy-policy/.

  1. Contact Us

We hope We can provide You with the best experience possible, and We welcome any feedback, suggestions for improvements to the Services, as well as any questions, issues, concerns or other inquiries related to the Services. If You are having trouble with the Services or Your User account, or wish to contact Us for any reason, please feel free to email Us at support@yourcamp.us.