Terms of Use "Mbus"

These Terms of Use govern the conditions regarding the use of the Mbus application and the services offered through it, available via www.mbus.be (hereinafter referred to as "the Services" and "the Application").

These Terms of Use apply to (i) employees using the Application and Services; and (ii) employers (including their representatives) using the Application (including the back-office) and Services, insofar as they enter into a partnership with one of the organizations listed below (hereinafter collectively referred to as "the User").

"Mbus" is managed and offered by:

• Max Mobiel: for employees wishing to use collective transport in the Ghent region whose employer has entered into a collaboration agreement with Max Mobiel.

• MLSO: for employees wishing to use collective transport in the port of Antwerp whose employer has entered into a collaboration agreement with MLSO.

Together, they are referred to as the "Administrator."

Max Mobiel contact information Max Mobiel vzw, Kerkstraat 108, 9000 Gent BE 0886.413.318 maxmobiel@stad.gent +32 9 330 28 00

MLSO contact information MLSO – Maatschappij Linkerscheldeoever, Sint-Paulusplein 27, 9120 Beveren BE 0223.944.690 info@mlso.be +32 3 766 41 89

1. Scope of Application

These Terms of Use apply to any use of the Application: downloading the Application, consulting its content, creating an account, and using the Services offered through the Application.

By using the Services and/or Application, the User acknowledges and agrees that they have read and accepted these Terms of Use, and agrees to be bound by them.

If these Terms of Use are modified, the modified version will always be available in the Application. These new Terms of Use will apply from the first visit of the User after this modification. From this visit, the User is deemed to have read and agreed to the changes. Therefore, Users are advised to check for updates to these Terms of Use during each visit.

When using the Application, the User will be asked to agree to these Terms of Use and the Privacy Policy by ticking a checkbox.

If the User is an employer, additional conditions may apply as set out in a separate agreement with the employer. In case of a conflict between a provision in these Terms of Use and the agreement with the employer, the agreement with the employer will prevail.

2. Registration

Before the User can use the Application or access the Services, they must create a profile in the Application. The registration form must be completed fully and truthfully.

The User is not permitted to use a third party's identity or temporary email addresses to register.

The Administrator reserves the right to accept or reject the User's registration. Registration may be refused for the following reasons:

• The User does not provide the necessary data to register;
• The User attempts to register under a pseudonym or the identity of a third party;
• The User does not meet the conditions set out in these Terms of Use, has previously failed to comply with them in a prior registration, or the Administrator can reasonably assume that the User will not comply with the Terms of Use in the future;
• Any other reason that reasonably leads the Administrator to conclude that registration should not be allowed;
• The User is not employed by an employer cooperating with the Administrator.

Once the registration is complete, the User is registered in the Application and can use the offered Services.

3. Access to the Application and Services

The Administrator may warn or deny access to the Application and/or Services temporarily or permanently if the User does not comply with these Terms of Use.

Temporary or permanent denial of access to the Application and/or Services may occur for the following reasons, but not limited to:

• The User has registered incorrectly or incompletely or has filled out the registration form incorrectly;
• The User has shared their login details with a third party;
• The User uses the login details of a third party;
• The User does not comply with the obligations set out in these Terms of Use, has not complied with them in the past, or the Administrator can reasonably assume that the User will not comply with them in the future;
• Any other reason that reasonably leads the Administrator to conclude that access should be denied.

The Administrator reserves the right to unilaterally, immediately, permanently, and without prior notice close the account of any User who does not comply with these Terms of Use in case of a serious breach.

4. Guarantees

The Administrator strives to provide 24/7 access to the Application. However, due to the technical characteristics of smartphones, computers, and the internet, as well as the need for periodic maintenance, updates, and upgrades, the Administrator cannot guarantee uninterrupted access to the Application. The Administrator will make reasonable efforts to address interruptions or suspensions of access as quickly as possible.

Such interruptions or suspensions may be caused by technical problems, such as server crashes, errors, bugs, or viruses affecting software systems or data processing. These situations are inherent to providing these kinds of services and are not considered failures on the part of the Administrator. They also do not entitle the User to penalties or compensation.

If the interruption or suspension results from a software or hardware issue on the User's smartphone, the Administrator cannot be held responsible. The User is fully responsible for any consequences in that case.

The Application provides estimated travel times, which are a best-effort commitment by the Administrator. The Administrator is not liable if these estimated travel times differ from reality and the User suffers damages as a result.

5. Liability

The Administrator is not liable for any damage arising from the use of the Application, whether the content appears to be correct, nor for damage resulting from the use of the Services, unless it is proven that the Administrator acted with intent or gross negligence.

The Administrator is not liable for improper use of the Application and/or Services by the Users. The User is solely liable for the use of the Application and/or Services and for any claims or legal implications arising from that, particularly if:

• The User fails to comply with these Terms of Use or the law;
• The Application is used in an illegal, inappropriate, or harmful manner;
• The User intentionally or unintentionally allows a third party to use their login details to access the Application.

The User acknowledges and agrees that the liability insurance of the transport company(ies) or the employer applies in case of material or immaterial damage occurring during the use of the Services, and indemnifies the Administrator or its subcontractors from any such claims.

The Administrator can never be held liable for accidents occurring before, during, or after the collective transport reserved through the Application or the use of the Services. The occupational accident law applies to this transport, which is considered commuting. The User also declares that, as an employer, they have sufficiently insured themselves in accordance with their legal obligations under the occupational accident legislation.

The User will indemnify and hold the Administrator harmless from any claim, including additional compensation, from other Users or third parties arising from the User's failure to comply with these Terms of Use.

If and to the extent the Administrator could be held liable for damage due to the use of the Services or the Application, such liability will be limited to the proven amount of direct damage with a maximum of 500 EUR.

6. Fair and Safe Use

By registering and using the Application and Services, the User agrees to:

• Use the Application in accordance with these Terms of Use;
• Behave as a responsible and careful User;
• Not act in a way that could harm the Administrator or its subcontractors;
• Not register under multiple User names in the Application;
• Not use login details that do not belong to them;
• Ensure their login details are kept secret and not used by third parties;
• Immediately inform the Administrator in case of misuse of their login details;
• Never disrupt the access to or operation of the computer structure of the Application;
• Protect their data, software, and smartphone adequately against viruses and other similar risks, including hacking;
• Treat other Users and the driver with respect and not discriminate.

7. Intellectual Property

The Administrator and its subcontractors are the license holders of all intellectual property rights related to the Application and the Services.

The User agrees not to copy, sell, or use, in any way or form, any protected elements of the Application or Service, either in whole or in part. These elements include, in particular, trademarks, texts and articles, software, source codes, databases, forms, domain names, company names, product names, logos, graphic elements, illustrations, charts, music, color combinations, slogans, layouts, arrangement sheets, and any other element of the Application, Website, or Services that is subject to protection.

8. Applicable Law and Competent Court

These Terms of Use are governed, interpreted, and enforced in accordance with Belgian law.

The courts at the Administrator's registered office have exclusive jurisdiction for any claims arising from the application, interpretation, or enforcement of these Terms of Use.

9. Contact

For any additional information or suggestions regarding these Terms of Use or the use of the Application, you may contact the Administrator with whom you have a collaboration agreement via email or phone.

Complaints regarding the use of the Application or Services must be submitted in writing to the registered office of the Administrator responsible for delivering the Services you use, or by email to that Administrator, no later than 8 days after the relevant event.