Version 1.4.1 of July 18th 2022
Amendments compared to previous version:
- Add Eneco Charging Card
These User Terms and Conditions apply to all use of the Olympus App, which is managed and operated by the public limited liability company OLYMPUS MOBILITY (hereinafter also referred to as ‘we’ or ‘us’), located at Rue Thérésienne 7/A, 1000 Brussels, registered with the Crossroads Bank for Enterprises under number 0638.809.930.
These User Terms and Conditions also serve as general contract terms for Direct Users of both the Olympus App and the Third Party Apps.
Olympus App: the mobile app developed by us which enables Users to access the Mobility Services offering.
Third Party Apps: mobile apps provided by third parties, through which we offer or propose the Mobility Services to Direct Users and whereby the Direct Users’ access to the app itself is managed and regulated purely by the third party in question. E.g. banking apps.
Users: the Direct Users, Indirect Users and Family Members. These are exclusively Consumers as intended by the Belgian Code of Economic Law (‘any natural person who is acting for purposes which are outside his or her trade, business or profession’). Users are generally also referred to hereinafter as ‘you’ or ‘your’. A User can combine the capacities of Direct User, Indirect User and Family Members.
Direct Users: any User who – via an intermediary or otherwise – enters into a direct contractual relationship with us to purchase Mobility Services via the Olympus App of via Third Party Apps.
Indirect Users: any User who enjoys a contractual relationship (such as: an employment contract, independent cooperation, mandate,…) with a Business Client (the Employer) and is hence duly permitted to use the Olympus App and to purchase Mobility Services.
Family Members: Users who were admitted by existing (Direct or Indirect) Users in a regular manner to use the Olympus App and to purchase Mobility Services under his or her Mobility Budget and/or Private Budget. No family connection is required for this.
Business Client: a Business (i.e. anyone who is not a Consumer as previously defined) that enters into a contractual relationship with us or with another Business Client in order to acquire Mobility Services via us and/or to gain or provide access to the Olympus App for one or more of the following categories of person:
– for themselves;
– for Indirect Users with whom they enjoy a contractual relationship (for them this Business Client applies as the Employer) and whether or not they are authorised by this Business Client to add Family Members;
– for other Business Clients with whom they enjoy a contractual relationship;
Business Budget: General budget for the purchase of Mobility Services at the level of the Business Client.
Mobility Budget: Budget at the level of the Indirect User for the purchase of Mobility Services, provided by the Business Client, which the User is associated with.
Private Budget: A budget personally loaded by the Direct User for the purchase of Mobility Services under the personal responsibility of this Direct User and in a direct contractual relationship with us, not via a Business Client.
Mobility Resource Provider (‘MRP’): the party that markets the Mobility Services (for example, Cambio, NMBS, De Lijn and with which Olympus Mobility enjoys a contractual relationship with a view to offering these Mobility Services via the Olympus App, via Third Party Apps or directly to Users, but with the option of allocation to a budget (in the latter case the MRP is also further referred to as the Olympus Linkr).
Mobility Service: a good or service relating to mobility, which is offered via the Olympus App and/or Third Party Apps, and which is provided by an MRP and which can consist of one or more of the following: public sale, parking services, rental or lending of transport, use of charging infrastructure, purchase of fuel, or other goods or services relating to mobility, which Olympus Mobility chooses to add to these.
Token: a physical object that can provide a User with access to particular Mobility Services and that falls under the responsibility of third parties. Examples include a fuel card or the Mobib Card.
Employer: the Business Client who acts with us in a contractual relationship for providing access via us to the Olympus App for Indirect Users, with whom they are in a contractual relationship. The Employer provides this Indirect User with a Mobility Budget on the basis of a personal Business Budget. The contractual relationship between the Employer and the Indirect User is not necessarily an employment contract, this can also be independent cooperation or a mandate or another form of contractual relationship.
These User Terms and Conditions apply to anyone who uses the Olympus App, the Third Party Apps and the Mobility Services provided through us.
For the purposes of this article, ‘use’ also includes the simple consultation of the Olympus App and downloading the Olympus App.
These User Terms and Conditions serve as general contract terms for the Users, who consent to them before they are able to make use of the Olympus App, the Third Party Apps and the Mobility Services.
- Data entry
Creation of a User requires a number of personal details to be communicated. The User will ensure that these are accurate at all times. Communicating any changes is the personal responsibility of every User, either by doing this personally in the Olympus App or Third Party App, or for the Users for whom this is not possible, by means of stating this to those who provided them with access (Business Client or other User).
Business Clients will ensure that their own details and those of the Users to whom they provide access are accurate at all times.
Users and Business Clients may be asked at a later date to provide additional details, in so far as these are necessary or useful to improving the existing service or to extending the service.
In so far as we are obliged either to verify previously provided details or to request additional details regarding a User or Business Client, this for compelling reasons or reasons of great importance (example: detecting fraud, investigating incidents, by court order), the Users and Business Clients undertake to cooperate fully and without delay.
- Loading budget
A budget can be loaded per User that can be utilised via the Olympus App to obtain Mobility Services or to get this repaid. In the case of Indirect Users, this is the responsibility of the Employer (Mobility Budget). In the case of Direct Users, this is their personal responsibility (Private Budget).
Family Members fall under the budget of the User who provided access to them. A User can invite other natural persons (no Enterprises) via the Olympus App for purchasing Mobility Services on the Mobility Budget provided to him by the Employer, or on his Private Budget. The User accordingly invited is a Family Member, associated with the User who provided him with access. The Family Member will receive a login via email and PIN codes by text for access to the Olympus App, they must approve these General Terms and Conditions and subsequently can purchase Mobility Services on the budget of the User who provided access to him or her. A Family Member cannot on his or her part invite other persons: this right is reserved for the Direct Users and the Indirect Users, the latter provided that they have permission from their Employer.
The Indirect User has the possibility to also load a Private Budget separate from the Mobility Budget acquired via the Employer. With regard to this Private Budget the User in question will be a Direct User in that case. This contractual relationship will be in existence directly with Olympus Mobility and will be dealt with separately from the indirect relationship that existed earlier via the Employer. The Employer in question will not acquire any information regarding the Private Budget, or the purchases made with this.
No invoices will be generated for the Private Budget loaded by Direct Users or for the Mobility Services they use: this is only possible in the case of Business Clients, under the terms of the contracts agreed with them.
Any loading by a User will be subject to transaction costs per loading. These transaction costs are stated in the Olympus App. A User must state in the Olympus App a minimum amount per load and can load a budget not exceeding 150 Euro. A Maestro bank card or a MasterCard can be used for this loading. The User will be obliged to always provide a sufficient budget.
The Private Budget loaded by the Direct User will be refunded to the Direct User on termination of the agreement at the end of the second month following the month in which the agreement was terminated. Olympus Mobility applies this period purely to allow for any additional costs that might be registered on the Direct User’s part in the period following termination. No interest will be paid on any amount to be refunded. Refund does not imply the waiver of any right of action.
Olympus Mobility will assist Direct Users in the event of problems with the use of the system for online payment and is the party to be contacted in the event of questions in this regard (e.g. concerning chargebacks, complaints of any nature, cancellations and refunds). Contact is also possible via the e-mail address firstname.lastname@example.org.
- Goods and Services offered
Olympus Mobility makes the Olympus App available to the Users. The Olympus App, whether or not in combination with a Token, provides access to the Mobility Services listed as available in the Olympus App. It is required for a number of Mobility Services that the Users personally become a client of the MRP, they can directly purchase these Mobility Services from the MRP (see further: Olympus Linkr).
The range of Mobility Services may vary for reasons beyond Olympus Mobility’s control. The User acknowledges that changes of this nature cannot be grounds for adjustment or termination of other commitments under this agreement.
The following applies in particular depending on whether the Mobility Services are offered by Olympus itself and concern goods:
- The risk transfers on delivery, the right of ownership only transfers on payment in full;
- The payment to Olympus Mobility will entail discharge for the purpose of the goods in question.
In the event of technical difficulties with the Olympus App, the User may contact us via e-mail at email@example.com.
- Use of Third Party Apps
Procuring Mobility Services via a Third Party App indicates the User’s consent to these User Terms and Conditions.
We only intervene in this instance with respect to the ordering of the Mobility Services themselves. Processing of the payment occurs with the Third Party App itself and falls under the responsibility of the financial service provider specified in the Third Party App. The payment will be made to Olympus Mobility and will entail discharge for the purchase of the Mobility Services in question. The right of ownership of the goods transfers on payment in full, the risk transfers on delivery.
The Direct User personally undertakes at all times to pay for the order in respect of Olympus Mobility.
Ordering Mobility Services via Third Party Apps is reserved for Direct Users and as appropriate Family Members associated with them and is not permitted for Business Clients. Any person who uses a Third Party App to purchase Mobility Services is deemed to do so in the capacity of consumer and is hence viewed as a Direct User or as appropriate Family Members associated therewith. Becoming a client and purchasing Mobility Services from Olympus Linkrs is not provided for in Third Party Apps.
Anyone who is not a consumer can create a business account with us or our partners: more information and a list in this regard may be found on our website.
- Olympus Linkr
For Indirect Users the offer of Mobility Services in the Olympus App can also include Mobility Services for which this User must become a direct client of the MRP, provided that this takes place with agreement from the Employer involved. This type of MRP is referred to as the Olympus Linkr.
The User gets an explanation and instructions in the Olympus App regarding how to personally become a client of the Olympus Linkr, including the rule that use must be made of a user name/contact details that refer to the User personally: firstname.lastname@example.org, and furthermore the User’s own name and payment details.
The User will purchase the Mobility Services of the Olympus Linkr in his or her own name, on his or her own account and under his or her personal responsibility and will personally pay all amounts owed to the Olympus Linkr.
Via the user name email@example.com the Olympus Linkr will send by email an order confirmation to Olympus Mobility of each Mobility Service purchased by the User. Olympus Mobility forwards all messages received by this user name by email to the User. By means of becoming a client of the Olympus Linkr using the user name/contact details firstname.lastname@example.org the User accepts that Olympus Mobility obtains knowledge of all these messages. The User will not use email@example.com for any other purpose.
The User will receive a push message when an order confirmation of a Olympus Linkr has been received, with the question to allocate this issue:
- To his or her Mobility Budget, if the issue is at the expense of his or her Employer;
- As being private if the issue is not at the expense of his or her Employer.
If the User does not allocate the issue or does not allocate this within 5 calendar days, it will be regarded as private.
The issues that are allocated as to be debited from the User’s Mobility Budget will be repaid by Olympus Mobility to the User, subject to the condition that there is sufficient available credit on the Mobility Budget in question. The User must for this purpose have stated his or her IBAN account number to Olympus Mobility.
The allocation by the User will be in good faith and under his or her personal responsibility. Olympus Mobility does not accept any responsibility whatsoever for an incorrect allocation and retains the right to suspend or terminate every use by the User of the OSP and the services of Olympus Mobility, as provided for in the ‘Duration’ article in the event of suspicion of incorrect allocation.
If the User no longer wishes to use the option of allocating Mobility Services of a Olympus Linkr to his or her Mobility Budget, or if the User no longer has access to the OSP or the Olympus App, the User will do everything necessary to change the user name/contact details firstname.lastname@example.org at the Olympus Linkr, or to generate a new account so that the messages from the Olympus Linkr no longer go to Olympus Mobility. Olympus Mobility rejects any liability if this is not complied with and if messages are not or no longer forwarded from the Olympus Linkr.
- Indirect Sales Agreement with SNCB for Business Clients.
Business Clients who want to be able to order train tickets via the Olympus App or provide Users with that right need to sign an Indirect Sales Agreement with the SNCB.
For more information in this regard, the Business Client should contact one of our partners (listed on our website) or e-mail us at email@example.com.
- Right of withdrawal for consumers from distance contracts
Indirect Users may not avail themselves of the legal right of withdrawal since they are not purchasing Mobility Services in that capacity through a direct contractual relationship with us on their own account for purposes outside their trade, business or profession.
Direct Users and as appropriate the Family Members may not avail themselves of the legal right of withdrawal when purchasing Mobility Services since the right of withdrawal does not apply to this on the basis of the following legal exceptions depending on the case.
- the delivery of goods that after delivery are by their nature irrevocably mixed with other products (in particular fuel – see Article VI.53,6° of the Belgian Code of Economic Law).
- the making available of transport service for which a specific date or period of execution is foreseen (see Article VI.53,12° of the Belgian Code of Economic Law).
Direct Users may avail themselves of the right of withdrawal for consumers in respect of the agreement they conclude regarding the right to use the Olympus App, since the agreement was concluded at a distance.
The Direct User in question has the right in this regard to withdraw from the agreement within 14 days of entering into it, without explanation, provided that we are notified of this within the specified term. This can be done straightforwardly by cancelling the agreement within the Olympus App using the provided function, following which confirmation will be sent by e-mail. Alternatively, this Direct User may also use the following, legally provided, standard form:
|– To Olympus Mobility NV/SA, Rue Thérésienne 7/A – 1000 Brussels or via firstname.lastname@example.org:|
– I/We(*) hereby inform you that I/we(*) am/are(*) withdrawing from our agreement regarding the sale of the following goods/provision of the following service(*):
– Ordered/Received(*) on:
– Name/Names of consumer(s):
– Address(es) of consumer(s):
– Signature(s) of consumer(s) (only where this form is submitted in paper form)
(*) Delete as applicable.
No right of withdrawal applies in respect of Mobility Services ordered prior to the invocation of the right of withdrawal, in view of the aforementioned Article VI(53,12) of the Belgian Code of Economic Law.
Previously loaded private budget will be refunded using the same means of payment within 14 days of invocation of the right of withdrawal, subject to deduction by us of a reasonable fee in the event that Mobility Services were used prior to invocation of the right of withdrawal, the full cost price of which is not known to us within such a short period.
- Personal use of the Olympus App
The Olympus App may only be used by a User who has received express permission of an Employer to do so, by a Family Member who has been expressly permitted access by a User and by these User Terms and Conditions, or by Direct Users for whom express permission follows from the acceptance of these User Terms and Conditions.
This permission is personal and is not further transferable.
The Olympus App may only be used for providing Mobility Services for the User personally, unless the Employer has given express permission to an Indirect User to also provide Mobility Services to specific third parties, for example family members (Family Members).
Under no circumstances may the User provide third parties with Mobility Services via the Olympus App in return for payment.
The User is wholly responsible for any use that unauthorised third parties make of the Olympus App and the Mobility Services via the access provided to the User. We advise the User to set a screen lock on the device to prevent unauthorised use.
The User must notify us immediately if there is any suspicion that the Olympus App has been used by unauthorised third parties.
In order to prevent and combat these and other unauthorised actions, we reserve the right to monitor use of the Olympus App and to suspend or restrict all right of use or to refuse access to persons suspected of performing unauthorised actions. Suspicions of this nature can arise from detection of use of the Olympus App in an unusual way or in a way that suggests misuse. The terms ‘unusual way’ and ‘misuse’ will be interpreted as we deem appropriate.
Suspension, restriction or refusal of access of this kind cannot provide grounds for any right to compensation or refund.
- Appropriate use of the Olympus App
In so far as this is not expressly permitted by the law, the User will refrain from:
- decompiling or reverse-engineering the Olympus App in order to reproduce and/or translate the source code;
- removing or circumventing technical provisions intended to protect the Olympus App, or having them removed or circumvented;
- copying, distributing, licensing or deriving works from the Olympus App.
- Terms and conditions of the Mobility Services and contractual relationship with MRP
The procurement of a Mobility Service via the Olympus App or via a Third Party App entails the User’s unconditional consent in each case to all the terms and conditions that the MRP providing the Mobility Service applies in respect of persons utilising the Mobility Service in question (hereinafter also: ‘the MRP’s Terms and Conditions’). The User undertakes to comply strictly with the MRP’s Terms and Conditions and also to require such compliance from persons who make (joint) use of the Mobility Service in question via the User. The User is responsible for these persons.
For its part, the Business Client also undertakes to peruse and consent to the MRP’s Terms and Conditions, in so far as they are relevant to it.
Purchasing a Mobility Service can be subject to prior separate approval of the User by the MRP or to prior separate acceptance of the Terms and Conditions of the MRP, but also without such modalities the User will be deemed prior to the purchase of a Mobility Service to take note of and accept the Terms and Conditions of the MRP that provides the Mobility Service.
The MRP’s Terms and Conditions are set and interpreted by the MRP in question as it sees fit and fall outside our responsibility. The MRP’s Terms and Conditions consist of all specifications, rules, general or particular provisions that the MRP in question applies and indicates, in whatever form and in whatever manner: by displaying them, placing them online or publishing or announcing them in any other manner, including verbally, and in whichever official language. These can be rules that apply generally or only to particular groups or even at individual level. Also included are all regulations imposed by government in respect of persons making use of the Mobility Service in question.
The User and the Business Client acknowledge and consent to the fact that the MRP is entitled to amend the Terms and Conditions of the supplied Mobility Services unilaterally. Provided that Olympus Mobility has been correctly and directly notified by the MRP of these amended terms and conditions, Olympus Mobility will announce them and present them for consent via the Olympus App.
In the case of the public transport companies SNCB, De Lijn, MIVB and TEC, the ordering of a transport ticket by the User gives rise to a direct contract between the public transport company in question and the User: Olympus Mobility offers these Mobility Services in the name and on behalf of the company in question.
The purchase by the User of Mobility Services from Olympus Linkrs will take place in his or her own name, on his or her own account and under his or her personal responsibility.
Fuel will be offered by Olympus Mobility in its own name but on the account of the fuel supplier. The payment will entail discharge for Olympus Mobility.
The list of Mobility Services and General Terms and Conditions below is for illustration purposes and not exhaustive. Olympus Mobility will not be responsible if any link no longer works or suffices. The User must at all times personally take note of the terms and conditions of the MRP in whatsoever manner these are published.
- SNCB – See the SNCB Travel Terms and Conditions
For the Railease pass, see Railease via Olympus app
- B-Parking – see the B-Parking website B-Parking
- Blue-bike – See Terms and Conditions on website Blue-Bike
- Cambio – see Terms and Conditions (in Dutch and French)
- VAB – see Terms and Conditions on VAB website
- MIVB/STIB – see Transport rules of the STIB
- SRWT (TEC) – see Terms and Conditions of use
- Velo – see General Terms and Conditions
- Q8 smiles – see Terms and Conditions Smiles nv
- Swapfiets – see General Terms and Conditions Swapfiets
- Q-Park – see Terms and Conditions
- Bar d’Office – see Terms and Conditions on the website
- Eneco Charging Card – see Terms and Conditions on the website
- Rates and charges
When a Mobility Service is procured via the Olympus App or a Third Party App, we perform budget monitoring to confirm that sufficient budget is available. Although the budget monitoring is performed with due care, this does not mean that the budget cannot be exceeded, due for instance to unforeseen extra charges (e.g. longer than permitted use of Velo, Mobit or Blue-bike) or to Mobility Services of which the exact price is not known in advance (e.g. parking).
In the case of certain Mobility Services, prior budget monitoring is not technically possible (e.g. Cambio), which means that the sum expended will be set against the budget afterwards. Any negative budget balance must be cleared as swiftly as possible by means of loading an additional budget, or by means of directly transferring the shortfall to Olympus Mobility. In the case of Direct Users, we reserve the right to demand this where necessary, by sending messages within the Olympus App or by e-mail or another communication channel, and we reserve the right in the event of failure to clear the negative balance promptly to charge interest at the legal rate of interest as of the date of first notice.
The rates and charges for the Mobility Services are set out in the Olympus App, in the Third Party App, or by the MRP itself and acceptance thereof is inferred from the simple use of the App. These rates and charges include VAT.
A service charge may be levied on purchase of Mobility Services. Where this is the case, it is always made clear during the order process and is stated separately from the cost of the Mobility Service itself prior to placement of the order.
The duration of the Indirect User’s right of use is determined by the contractual relationship between us and the Employer and/or the Business Client(s) in the chain via which the User gains access. Responsibility for providing, suspending and ending this access lies with the Business Client(s) in question and Olympus Mobility cannot be held liable in this regard.
The duration of the agreement between us and the Direct User who uses the Olympus App is open-ended. It can be terminated by either party with immediate effect and without explanation (this function is provided in the Olympus App for the Direct User), with no right to compensation based purely on such termination. In the event of our termination of the agreement, Mobility Services already ordered by this Direct User may still be used up, unless the termination is due to serious non-performance on this Direct User’s part, which reasonably justifies our immediate termination of this service.
The duration of the right of use of the Family Member will be determined by the right of use of the User, which provides the User with access and will terminate with immediate effect if and as soon as the last right of use ends. The responsibility is vested in the User who provided access to the Family Member and the User in question indemnifies us against all claims of the Family Member in question.
We systematically reserve the right to suspend or cease the service wholly or in part in the event of misuse or suspected misuse on the Client’s part or that of someone for whom the User is responsible, including a Family Member who belongs to the User. Such suspension or cessation does not require any prior warning or notice of default.
- Use of the Olympus App
The Olympus App is provided ‘as-is’ and may only be used for the purposes that are specifically indicated. These purposes are general and are not geared to a personal or individual situation or capacity. Use of the Olympus App is exclusively at the User’s own risk. While we make every effort to ensure that the Olympus App is compatible with the operating systems of mobile devices running iOS or Android, we can never guarantee the correct functioning of all versions, new versions or the continued support of old versions. The hardware requirements for use of the Olympus App can vary according to the development of the software. Olympus Mobility may not be held liable under any circumstances for the suitability of a User’s mobile device or operating system for the Olympus App at any moment.
2. Mobility Services
We are not liable in any way for the delivery or implementation of the Mobility Services themselves. Olympus Mobility does not intervene in the implementation of the Mobility Services by the MRPs and cannot be held liable for any action or failure on the part of an MRP. Any issue relating to the delivery or implementation of Mobility Services to the User ought to be taken up directly by the User with the MRP itself. All rights of action in this regard are transferred in so far as necessary to the User on procurement of Mobility Services in the Olympus App. The refund of Mobility Services ordered or procured via the Olympus App is not possible, even in the event of wrongful use by third parties of access to the Olympus App granted to a User.
The following exceptions apply to the prohibition on refunds:
|De Lijn||The price of the M-Ticket may not, in principle, be refunded under any circumstances, other than exceptional situations due to De Lijn or the M Supplier, as a consequence of which the User was unable to utilise their M-Ticket. In this event, the User should contact the customer service at De Lijn.|
|SNCB||The User is entitled to compensation in the event of a delay longer than 60 minutes equal to 100% of the value of a one-way journey. Compensation can only be requested via SNCB customer service via How to apply for compensation.|
These exceptions are the sole responsibility of the aforementioned MRP and Olympus Mobility is not liable for any changes to them or how they are implemented.
In so far as a Token is required to use Mobility Services, the Token, its functioning and its availability are solely the responsibility of the issuer of that Token and under no circumstances may we be held liable.
While we make every effort to ensure that the information provided is complete, accurate and up-to-date, errors can nevertheless occur. Should the provided information contain any inaccuracies or should certain information be unavailable, we will seek to rectify this as soon as possible. If you detect any inaccuracies, you are requested to notify us of them using the contact details stated in these User Terms and Conditions.
We take all reasonable measures to ensure the availability and security of the Olympus App to limit any inconvenience due to technical errors to as great an extent as possible. However, we cannot exclude the possibility of disruptions or periods of non-availability, whether or not due to third parties, and are unable for this reason to guarantee uninterrupted access.
6. Limitation of liability
Neither we nor our employees, agents, colleagues, directors, mandate-holders, commercial partners, freelancers, appointees or legal successors may be held liable for any indirect harm or losses (such as, but not limited to, lost time, emotional damage, loss of opportunity, loss of good will, commercial harm, data loss and loss of income), in either a contractual or non-contractual context. No part of these User Terms and Conditions excludes our liability for proven intent, gross negligence or deception. In so far as the possibility of excluding or limiting liability is restricted by the law applying in a specific case, the application of this article will be accordingly restricted to the maximum limitation or exclusion of liability according to the applicable legislation, without this invalidating or nullifying this article in its entirety.
7. User liability in respect of MRPs
In certain cases, the contacts between Olympus Mobility and the MRPs mean that the latter may claim damages from Olympus Mobility in respect of non-performance, misuse or wrongful act on the part of Users who have procured the Mobility Services via the Olympus App or Third Party Apps. In addition, a Mobility Budget or Private Budget can be exceeded in specific circumstances and can be negative, which must be immediately settled. In all these cases liability will arise with regard to us and/or the MRP within the meaning of this article.
In the case of Indirect Users, this will be dealt with via the Business Client through whom they obtained access to the Olympus App. In this context the Business Client will have full and unlimited liability for the Indirect Users who have obtained access (directly or indirectly) to the Mobility Services via them, as well as for the Family Members who were permitted access by these Indirect Users.
The Indirect User has personal, full and unlimited liability for the Family Members who have obtained access via the Indirect User to the Mobility Services.
The Direct Users have full and unlimited liability for the Family Members who have obtained access via the Direct Users to the Mobility Services.
Direct Users undertake, on presentation by us of the claim for damages submitted by an MRP, to pay this within 15 days, to us or directly to an MRP (depending on the case), or to provide us with a valid and substantive reason for objection, accompanied by any available evidence, this likewise within 15 days. We reserve the right to pass on any such claim for damages to the MRP, so that it may approach the Direct User and/or the Family Member in person, relieving Olympus Mobility of further involvement.
Unjustified refusal on the Direct User’s part to pay the compensation (of damage) owed under the terms of this article will entitle Olympus Mobility to suspend its service with immediate effect in the manner and with the consequences set out in these User Terms and Conditions under ‘Duration’. In the event of such unjustified refusal, the Direct User indemnifies us for all costs, damages and interest arising from this in the relationship between us and the relevant MRP.
If various persons (including Business Clients and Users) are jointly liable in conformity with these User Terms and Conditions, this liability will be joint and several and indivisible.
- Force majeure
We are not responsible in the event of force majeure, i.e. situations that make it extremely difficult (or incur high costs) for us to meet our commitments. Force majeure includes, but is not limited to: natural disasters, riots, war and military operations, acts of terrorism, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, fire, telecom failures, bugs in third party software or hardware, flooding, lightning, explosions, epidemics, subsidence, as well as any act or omission of a person or entity beyond our reasonable control.
We are committed to your privacy and act at all times in accordance with the provisions of Belgian and European law (Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and European Regulation (EU) no. 2016/679 protection of individuals with regard to the processing of personal data).
Use of the Olympus App implies your express consent to the manner in which we collect and process personal data as described here. You have the right to withdraw your consent at any time for us to process your personal details, without prejudice to the lawfulness of their processing prior to such withdrawal. The collection and processing of personal data is necessary to the User’s ability to use the Olympus App. Both the withdrawal of consent and the failure to provide correct data will render further use of the Olympus App impossible.
1. Types of personal data collected
The following data, amongst others, may be collected via the Olympus App and via Third Party Apps and via transfers from Business Clients and MRPs: your name, language, gender, address, mobile number, date of birth, company details, VAT number, e-mail address, browser, operating system, user ID, recto-verso copy identity card, Token information such as number plate, Token numbers (e.g. Mobib or fuel card numbers). We also collect data on how you use the Mobility Services and the Olympus App. These include data regarding the purchase and use of Mobility Services (including time of purchase, price, information specific to the mode of mobility, such as data, departure point and destination of the journey) data regarding use of the Olympus App, details of the User’s employment (including address and location of employment), home address or location data (GPS positioning) of the User to enable provision of appropriate mobility solutions (e.g. ‘Smart to Antwerp’, automatic management of kilometers cycled).
Kilometer records (without GPS tracking) can be used for the registration of travel to and from work, provided that this is by personal specification by the User in the App.
Background location data
For certain applications, the Olympus App collects location data or the Olympus App needs extended permissions for location determination:
a) Collection of data from location sensors (GPS, Wi-Fi, telecom network) and other sensors (gyroscope, accelerometer) in the context of projects aimed at controlling the mobility behavior of Users such as Slim Naar Antwerpen
b) Permission for the App to keep track of the User’s location in the background, so also when the App is not active, for example because the User wishes to receive a reminder to stop his parking session when he is back in the vicinity of his car comes.
Permission will always be requested separately for this. If for any reason you wish to stop this latter data collection, you can deactivate your location determination and tracking for the Olympus app via the phone’s settings.
Additional data may be requested for the optimum functioning of the Olympus App where this is useful or necessary to improve or extend the existing service provision.
2. Reasons for collecting personal data
We use the data that we collect from all our services to deliver our mobility service provision to you, to provide the requested information and data to the Business Client and generally to do what is necessary to conclude and execute agreements. The collected data will be used, amongst other things, for the financial processing of use of the Olympus App and Third Party Apps and tracking consent for these User Terms and Conditions. The collected data may be used for the implementation of the Mobility Services by the MRP and to deal with claims under or breaches of the MRP’s general terms and conditions. The data may also be provided to the Business Client who provided the Indirect User with access to the Olympus App, in so far as this Business Client is not yet in possession of this data and only in accordance with the contractual commitments between us and the Business Client. The collected data are also used to maintain, secure and improve our services. The collected data may also, having been anonymised, be stored, processed and used further on behalf of the MRPs whose Mobility Services we offer in order to further optimise this way of working.
3. Parties with access to the personal data
4. User rights
You can consult the data available via the Olympus App through the app itself, also correcting it where necessary and permitted, or via the Business Client through which you access the Olympus App. To consult and if necessary correct data that is not available via the Olympus App or to request a copy of it, you can contact us free of charge using the contact details set out below, provided that you adequately identify yourself. If you no longer have access to the app, you are entitled to ask us free of charge what personal data we hold on you and, where relevant, have the data in question corrected free of charge. You can exercise this right by contacting us using the contact details set out below, provided that you adequately identify yourself.
Users also have the right to obtain in a structured, accessible and machine-legible form the personal data concerning them that they have provided us as well as the right to transfer this data to another data controller.
Deletion of data
- The relevant Users’ personal data will be deleted within one year of termination of the agreement between us and the Business Client via which the Indirect User obtained access to the Olympus App.An exception is made for purely accounting documents with a retention period of 7 years in which personal names may be mentioned.
- The user is also entitled to ask us to restrict processing if one of the following elements applies: (a) the User disputes the accuracy of the personal data, this for the duration of a period enabling us to check the accuracy of the personal data; (b) processing is wrongful and the User objects to the deletion of the personal data and asks us instead to restrict the use thereof; and (c) we no longer require the personal data for processing purposes, but the User needs the data in order to institute, execute or support legal action.
- If, aside from such cases, the User has ceased to use the Olympus App, they may request us to delete their data, this by registered letter sent to us at the address given under ‘contact details’, with a signed request to this effect and including a copy of their ID card. We reserve the right to refuse a request of this nature in so far as storing the data remains necessary to the execution of any agreement to which the User is or has been party.
The period for which the personal data is stored extends until the data is deleted in the manner described under the paragraph above.
Right of complaint
The European Data Protection Regulation entitles every User to submit a complaint where the need arises to the supervisory authority, namely the Data Protection Authority, the contact details for which can be found at the website https://www.dataprotectionauthority.be/.
We are responsible for processing personal data and ensure the confidentiality and security of that data.
You can contact us at the following address: Olympus Mobility NV/SA – Rue Thérésienne 7/A – 1000 Brussels or via email@example.com
Olympus may only be deemed a processor of personal data on behalf of the data controller De Lijn in respect of the processing that occurs as part of the delivery and control of an M-Ticket.
- Intellectual property
All intellectual property rights, including copyright, brands, logos, software, databases, source code, HTML code, models, drawings, patents and so on, registered or otherwise, as well as the rights to the ‘look and feel’ of the Olympus App, the colour combinations, layout and all graphic elements (all the preceding hereinafter referred to as ‘protected content’) are the property worldwide or ourselves, our clients, our clients’ clients, our suppliers or the Business Client. This relates to all information mentioned in the Olympus App and all information that is provided in either digital or other form. Unless expressly stated otherwise, no part of the protected content may be copied, reproduced, adapted, distributed, transmitted, (re)published, displayed, presented or recited for commercial purposes without our express written consent. Unless explicitly stated otherwise, our services are not intended under any circumstances to transfer, make available or license any intellectual property right, either in whole or in part.
The nullity of any clause of the present User Terms and Conditions does not compromise the applicability of the other provisions. We retain the right to amend these User Terms and Conditions at all times. Any amendment will take immediate effect and Users will be notified of it as we deem appropriate via a pop-up message in the Olympus App or Third Party App, which the User must approve before continuing. Each User undertakes to consult the information in the Olympus App or Third Party App on a regular basis and to check for amendments to these User Terms and Conditions. In the event of an amendment, continued use of the Olympus App, the Third Party App or the Mobility Services will be interpreted as consent to the amended User Terms and Conditions.
Belgian law applies exclusively and any dispute falls under the jurisdiction of the competent court for our registered office.
You can contact us at the following address: Olympus Mobility NV/SA – Rue Thérésienne 7/A – 1000 Brussels or via firstname.lastname@example.org