terms of use

Your employer invites you to register on our Move To Happiness application.

The Move To Happiness application is provided by Move To Happiness Hub bv, with registered office at Statieplein 1, BOX 102, 2560 Nijlen, registered in the Crossroads Bank for Enterprises (CBE) under number 0437.586.04 (“MTH”, “we” or “us”). By registering and using our application, you are entering into an agreement with us and agreeing to our terms of use without reservation. For more information on how we process your personal data, please refer to our privacy statement. If you have any questions, you can always contact us by e-mail at rose@movetohappiness.com.

Artikel 1. DEFINITIONS

“Account” means your account on our Application as an employee.
“Application” means our application, as provided by MTH and accessible at https://go.movetohappiness.com/ or through the Move To Happiness App.
“Services” means the entirety of services, including the chosen subscription and any additional services, provided by MTH to you under these Terms of Use.
“Terms of Use” means these terms and conditions that apply to you as a user of the Application, as always available for consultation or download in your Account.

Artikel 2. SERVICES AND SUBSCRIPTIONS

The Application is offered and provided by MTH. After registration, you can use the Services that your employer has purchased from us (e.g. programs, webinars, etc.).

Artikel 3. REGISTRATION AND ACCOUNT

The language in which you accept these Terms of Use is Dutch. You can always consult or download the Terms of Use in your Account.
In order to use the Application, you must first register and create an Account. When registering, you must provide correct, current and complete information. After registration, you must confirm your e-mail address (i.e. the business e-mail address via your employer) by clicking on the link in the e-mail that we will send you.
After confirmation of your e-mail address, you can use our Services and you can adjust your details in your Account. Your Account and password are strictly personal. You may under no circumstances share your Account with third parties or make it available to them without the express consent of MTH. Actions made through your Account are deemed to have been made by you, unless proven otherwise.

Artikel 4. USE OF OUR APPLICATION

You must always strictly comply with our Terms of Use. You must also comply with all legal obligations that apply to you as a result of using the Application.
You undertake to comply with at least the following Rules of Conduct:

a) Not interfering with the normal operation of the Application;
b) Not infringing on the intellectual property rights of MTH or third parties;
c) Not committing acts that interfere with the use of the Application by other users;
d) Not distributing inappropriate content through the Application;
e) Not distributing viruses or other malware;
f) Not using any means to search or index (parts of) the Application;
g) Not circumventing or interfering the security of the Application.
- Failure to comply with these Terms of Use, including these Rules of Conduct, or your employer's guidelines, may cause MTH or your employer to terminate or suspend access to the Application at any time, without prior warning or notice.

Artikel 5. FEES AND PAYMENT

Your registration on the Application is free.
The use of our Services is subject to a charge. Your employer acts as a third-party payer for your use of our Services. Your employer may at any time terminate or suspend payment for your use of our Services (e.g. if you leave your employer's company). This means that you will no longer have access to the Services that were purchased by your (former) employer. You can always create your own personal account on our Application.

Artikel 6. INTELLECTUAL PROPERTY

The Application and the associated software and database are protected by the applicable intellectual property rights, being copyrights, software rights, database rights and all other intellectual and industrial property rights. These intellectual property rights belong solely to MTH or its licensors and are in no event transferred to you in whole or in part.
MTH grants you a limited, revocable, non-exclusive and non-(sub)licensable license to access and use the Application in accordance with these Terms of Use, subject to the proper and timely payment of fees pursuant to these Terms of Use and compliance with the provisions of these Terms of Use. It is not permitted to act outside these rights without the express consent of MTH.
It is not permitted to distribute, commercialize, sell or rent out, make available or in any other way reproduce the Application and/or its content. Notices regarding copyright, trademark or any other intellectual property right may not be removed, modified, altered or obscured.
If you add content to the Application or your Account, you grant MTH a worldwide, non-exclusive, assignable, (sub)licensable and royalty-free license to use such content within the purposes of the Application or your Account.
You undertake that your actions will not in any way infringe the intellectual property rights of any third party or of your employer. MTH is in any case not liable for any infringement of the intellectual property rights of a third party or of your employer by you. In such case, you must indemnify MTH against any form of damage that MTH may suffer as a result of this infringement.

Artikel 7. PERSONAL DATA

For the processing of personal data for which MTH acts as the controller, MTH refers to its privacy statement at https://movetohappiness.com/en/privacy-policy/
Through this privacy statement, you are informed about the processing of your personal data by MTH as the controller.
The processing of your personal data by your employer is the responsibility of your employer.

Artikel 8. OUR GUARANTEES

MTH makes every effort to make the Application available to you without interruption.
In the event of a planned interruption (e.g. maintenance work), MTH will inform your employer of this at least five (5) calendar days in advance, unless this proves to be impossible due to the nature of the interruption (e.g. emergency work). MTH tries to plan interruptions in such a way that you will experience as little inconvenience as possible.
MTH takes all appropriate technical and organizational measures to ensure both the proper functioning and the security of the Application.

Artikel 9. LIABILITY

You may not transfer your rights and obligations under these Terms of Use to third parties.
MTH makes reasonable efforts to make the Application available to the maximum extent possible. However, MTH may, in its sole discretion, at any time and for such duration as it deems necessary, change or discontinue the availability of the Application without notice, without giving any reason and without any liability to you, for example for maintenance work.
MTH is not responsible and therefore does not risk any liability for shortcomings, even as a result of gross negligence, in the services of third parties that facilitate the provision of our services but over which MTH exercises no control (e.g. internet providers). Various external factors, including network usage and the manner in which the Application or third-party software is used, may have an impact on the performance of the Application. MTH does not guarantee the suitability, capacity or expected performance of any hardware, software or services provided by third parties and assumes no responsibility for the interference of third-party hardware, software or services on the Application.
In the event of damage in connection with these Terms of Use, MTH's liability shall in all cases be limited to (i) direct and foreseeable damage, (ii) damage that is the direct and immediate result of gross misconduct or gross negligence on the part of MTH or its employees, (iii) the damage that is reported to MTH by registered letter within two (2) months after becoming aware of the damage or after the moment at which you should reasonably have become aware of the damage; and (iv) for all claims occurring in the course of a year, limited to EUR 20.00.

Artikel 10. DURATION AND TERMINATION

These Terms of Use are concluded for an indefinite period of time. MTH and you may terminate these Terms of Use at any time, with immediate effect and without recourse to a court of law. You can do this by deleting your Account or contacting our helpdesk. The termination of the cooperation agreement between MTH and your employer will result in MTH terminating your Account. This means that you will no longer have access to your Account or the Services purchased by your employer.
MTH has the right to terminate this agreement and to delete or suspend your Account with immediate effect, without notice, without recourse to a court of law and without any form of compensation or other recourse, if your registration on or use of our Application (a) violates these Terms of Use, your employer's guidelines or any intellectual property or other rights of a third party or your employer, (b) the security or integrity of the Application, your employer or any third party or the threatens or could compromise the IT system of MTH, your employer or a third party, (c) involves viruses, Trojan horses, worms, spyware, malware or the like, or (d) is harmful, obscene, discriminatory, hateful, racist, defamatory, harassing, abusive or otherwise inappropriate, illegal or unlawful.

Artikel 11. APPLICABLE LAW AND COMPETENT COURT

These Terms of Use are exclusively governed by and construed in accordance with Belgian law.
In the event of a dispute concerning the application of one or more provisions of these Terms of Use and/or its appendices, the parties undertake to make every effort to resolve the dispute amicably and in good faith. In the absence of an amicable settlement, only the Dutch-speaking courts of Brussels have jurisdiction to hear disputes arising from these Terms of Use, unless otherwise stipulated by mandatory law.

Artikel 12. FINAL PROVISIONS

You declare that you have read these Terms of Use and the guidelines of your employer in full and accept their full application. The Terms of Use will be available at all times in your Account and will also be sent to you by e-mail after registration to the e-mail address you provided when registering. For the guidelines of your employer, you should contact your employer.
You warrant that you are entitled to accept these Terms of Use.
MTH reserves the right to change these Terms of Use at any time. We will notify you of any substantial changes by means of a message on the Application or by e-mail no later than one month before the substantial changes take effect. If you continue to use our Application after this, you accept the changes. If you do not agree with the changes, you must object before the changes take effect. You can object by deleting your Account. In that case, you are not entitled to compensation or any refunds.
The nullity or invalidity of a provision or part of a provision of these Terms of Use does not affect the operation and validity of the other provisions. MTH will strive for an adjustment that leaves the original intent of the provision unaffected as much as possible. If this proves impossible, only that provision will be regarded as non-existent.
MTH may transfer or outsource its rights or obligations under these Terms of Use in whole or in part to a third party without your prior consent and without this giving rise to any compensation, unless otherwise stipulated by mandatory law.
Your use of our Application is logged and these logs can be used as valid evidence.

Terms of use