general terms and conditions

ThreeAndMore is a single platform (the “Platform” or the “Website” as defined hereafter) that combines all the tools you need to both build and manage your community as an administrator or participate as a member or fan. Users can create communities, invite members and structure its community members in specific groups and assign different roles. The collection of member information and the process of new member registration can be automated. Users can easily create and manage events via the Platform, consult their community administrator dashboard and customize the community page, as well as upload and share documents with their community or any specific group or members. Via the Platform users get a quick overview of all updates, all messages, invitations to events, etc. of their respective communities in order to enable them to take immediate actions.

This Platform you seek to enter and use via the web, or download and use via the mobile app, is subject to the condition that you accept to be bound by all of the present General Terms and Conditions (as defined hereafter), which shall govern your use of the Platform. Please read these General Terms and Conditions very carefully. If you agree to be bound by these General Terms and Conditions, you can click on the box at the end of the registration page labelled “finish”, at which time you shall be entitled to enter and use the Platform.  If you do not accept to be bound by the General Terms and Conditions, you shall not be able nor entitled to enter or use the Platform. By downloading or using the Platform or by entering or using the Website you unconditionally accept the present General Terms and Conditions.

  1. General

1.1. The website ThreeAndMore.com and the ThreeAndMore mobile applications that can be downloaded (“Website”) are owned by ThreeAndMore nv, having its registered office in Belgium, Oude Leeuwenrui 7, 2000 Antwerp and registered in the Crossroads Bank for Enterprises under number 0540.832.606 (“ThreeAndMore”).

1.2. These general terms and conditions (“General Terms and Conditions”) regulate the use of the Website. By using the Website you expressly and unconditionally agree with the General Terms and Conditions.

1.3. These General Terms and Conditions form, in conjunction with the Privacy Statement, the entire agreement (“Agreement”) between you and ThreeAndMore. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement, without ThreeAndMore’s prior written consent. ThreeAndMore may freely assign or transfer this Agreement (or any of its rights and obligations hereunder).

  1. Use of the Website

2.1. You must be at least fourteen (14) years old to use the Website.

2.2. You can only provide or publish true, accurate, correct, current and complete information or personal data about yourself on the Website. You may at any time update any of this information and you must in any event change your personal data as soon as they are no longer correct. The personal data that you publish on the Website cannot infringe the rights of third parties.

2.3. If you access the Website through the use of an internet connection via a computer or a mobile device, there may be other terms and conditions applied by the provider of the internet connection or the wireless service carrier, that govern your right to access the Website.

  1. User Account

3.1. You gain access to and become a member of the Website by creating a personal user account on the Website (the “User Account”). You use your real name and you cannot register more than once, not even if you use a different name. Your User Account is strictly personal and can by no means be transferred to third parties to the extent permitted under applicable law (e.g. possible parent control exceptions).

3.2. ThreeAndMore reserves the right to reject a request for membership. Your membership only takes effect after receipt of an email confirmation from ThreeAndMore.

  1. Termination and suspension

4.1. You can terminate and delete your User Account at any time via your personal settings.

4.2. The termination and deletion of your User Account can by no means give cause to the payment of any compensation, either by yourself or by ThreeAndMore.

4.3. ThreeAndMore can terminate or suspend your User Account at any time if you act in breach of the General Terms and Conditions or if there is a risk that you shall act in breach of the General Terms and Conditions.

4.4. The termination and deletion of your User Account, for any reason whatsoever, implies that the content of your personal profile shall be deleted, either in full or in part. Note that, even if your User Account including any content or information is deleted, ThreeAndMore may retain your information and personal data in its archives for back-ups, archival, statistics, or audit purposes for a commercially reasonable time.  For the avoidance of doubt, any information that you choose to make public on the Website may not be removable.

4.5. The following articles and provisions will survive termination of this agreement 4, 8, 9, 11, 12 and 13.

  1. Security

5.1. The publication of confidential or sensitive material takes place at your own risk.

5.2. The use of usernames, passwords and/or other access codes (“Login Details”) falls under your own responsibility. You must handle your Login Details confidentially and keep them secure. If your Login Details are abused, you must forthwith inform ThreeAndMore accordingly by sending an email to support@3nm.com.

5.3. You agree to observe reasonable precautionary measures during your interactions with other members, certainly when you decide to meet other members offline.

5.4. You must report undesired and illegal material on the Platform to ThreeAndMore as soon as possible by sending an email to support@3nm.com. If your complaint is justified then ThreeAndMore shall remove all inappropriate material (e.g. text, photos, videos, information, personal data, and so on) as soon as possible. Illegal activities may be reported to the police or judicial authorities.

  1. Notifications

6.1. You agree that ThreeAndMore sends you important messages via the Website or via email.

6.2. Your contact details must be correct in order to receive important messages.

6.3. ThreeAndMore can also inform you by sending an email to an email address that is linked to your User Account. You agree that ThreeAndMore can contact you via your User Account or via other media (e.g. email, mobile number or landline number) in connection with your User Account or services that are related to ThreeAndMore.

6.4. Regularly check what messages you receive from ThreeAndMore. You agree that ThreeAndMore cannot be held liable with regard to or as a result of your negligence in terms of providing correct contact or other personal details, including but not limited to not receiving important information.

  1. Use of the platform

7.1. User guidelines for all User Accounts

You are solely responsible for your conduct on the Website, the content you publish and the conduct within the communities you administer. It is not allowed to use the Website for unlawful or harmful activities. You specifically agree that you will:

– not infringe (or use the Website in such a manner that infringes) the intellectual property rights or proprietary rights, or rights of publicity or privacy of any third party;

– not violate any applicable local, state, national, regional or international law, or any other regulations having force of law;

– not use the Website for illegal or criminal activities, deceptive or fraudulent actions nor for encouraging (or that involves) any action that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, violent, defamatory, vulgar, obscene, pornographic, invasive of other’s privacy, hateful racially, ethnically or otherwise objectionable;

– not adversely affect or reflect negatively on ThreeAndMore’s goodwill, name, reputation or cause duress, distress or discomfort to ThreeAndMore or anyone else, or discourage any person, firm or enterprise from using all or any portion, feature or function of the Website or from advertising, liking or becoming a supplier to use in connection with the Website;

– not use constituted, unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, or so called “spamming”;

– not impersonate any person or entity, or misrepresent your affiliation with a person or entity

– not harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unwelcome or harassing emails or other unwelcome or harassing communications

– not interfere with or disrupt the Website or servers or networks connected to the Website or knowingly introduce viruses, worms or other material that is malicious or technologically harmful; not hack or attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

– not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

7.2. Specific user guidelines for User Accounts in their capacity as administrators of communities

As an administrator of a community,

– you will not disrespect or dishonour the trust of the members of your community, nor of any other user of the Website.

– you will be granted access by a member of your community to certain personal data of that member. You are responsible to treat this information confidential and in accordance with our Privacy Policy, and are only allowed to use this information for the sole purposes related to your community. You will not extract or copy this information from the Website, nor sell contact information of a Member to a third-party or use or disclose it for commercial purposes without the explicit consent of the Member.

Your interactions with other users or communities on the Website, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

7.3. General services

Access to the Website is free. ThreeAndMore may offer extended or premium services for which fees and expenses may be charged. You will be notified of these fees and charges when these extended or premium services are offered to you.

7.4. If you select a module or an extension or a module of the Website (“Extended Service”) for which a fee applies, you agree to pay the applicable fee (and any relating costs) when you sign up for the Extended Service. When signing up for an Extended Service, you agree to the applicable payment plan and potential additional terms and conditions, which may be subject to change from time to time.

All fees for Extended Services are inclusive of VAT. You are responsible for paying all fees and applicable taxes associated with the Extended Services in a timely manner with a valid payment method. You authorize ThreeAndMore to charge your credit card, debit card or account (Payment Method) for all charges to your use of the Extended Services.

Any and all payments for Extended Services are non-refundable.

7.5. Payments

ThreeAndMore allows communities to collect payments for membership fees, activity or event attendances, donations and other purposes, using third-party payment providers to process these payments. These payments are subject to the third-party payment provider’s terms and conditions.

In order to collect payments, a community needs to register for a merchant account on the Website. When signing up for the payment processing service, you agree to the service’s applicable payment plan and potential additional terms and conditions, which may be subject to change from time to time. You authorize ThreeAndMore to withhold all charges to your use of the payment processing service immediately from the funds transferred from the payment initiator to your account.

As a payment collector, you accept the responsibility to provide refunds to users who pay you through the Website at your own discretion, and fully indemnify ThreeAndMore for refunds or lack thereof when making use of third-party payment providers.

As a payment collector or a payment initiator, you acknowledge and agree that ThreeAndMore may share any Payment Method information and related billing and payment information that you provide to ThreeAndMore, with companies who work on behalf of ThreeAndMore solely for the purpose of checking credit, effecting payment and servicing your account.

Any fees charged to your Payment Method are non-refundable.

7.6. Third party services

ThreeAndMore has certain agreements with third parties to integrate your User Account and its relating account with third parties. In order to integrate your information with such third parties and the Website, you will have to provide your login credentials for these third party services. The user thus gives ThreeAndMore permission to access, disclose to and receive information from these third parties. ThreeAndMore shall not access, disclose or use any such information with third parties for purposes other than the purpose of the Website and these General Terms and Conditions. ThreeAndMore shall in no event be liable for any services, actions or practices of such and any third party.

  1. Warranties and Liability

For the purpose of this section, ThreeAndMore means ThreeAndMore NV, its subsidiaries, affiliates, related companies, suppliers, licensors and partners, as well as the officers, directors, employees, agents and representatives of each of them.

8.1. Warranties

8.1.1. The Website is a platform on which members can publish information about themselves and can get into contact with other members. ThreeAndMore offers the Website on an ‘as is’ and ‘as available’ basis, without warranty of any kind, express or implied. Without limiting the foregoing, ThreeAndMore explicitly disclaims any and all express and implied warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, …

8.1.2. ThreeAndMore cannot be held responsible if the Website does not meet certain expectations. ThreeAndMore does not provide any express or implied warranty regarding the reliability, security or continuity of this service.

8.1.3. ThreeAndMore shall use its best efforts to take all measures possible to ensure that the Website is always operational. Nonetheless the operation of the internet may hinder the continuous and error free operation of the Website.

8.1.4. To the maximum extent permitted by applicable law and subject to the above warranties, ThreeAndMore disclaims all warranties with respect of the Website, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.1.5. As an administrator of a community, you represent and warrant that all actions, communications and sharing of information within your community is compliant with all applicable law and regulations.

8.2. Liability

8.2.1. The infrastructure of the Website is made available by ThreeAndMore, however the material on the Website is largely published by users. ThreeAndMore shall in no event be liable for any such information or conduct of its users.

8.2.2. ThreeAndMore shall in no event be responsible or liable for the truthfulness, accuracy or completeness of publications on the Website. You are familiar with the fact that, despite the prohibitory provisions in these General Terms and Conditions, material on the Website may be incorrect or deceitful.

8.2.3. ThreeAndMore, or third parties, may provide on the Website links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability or such websites or resources, that we are not responsible or liable for their content, accuracy, quality, integrity, compatibility, legality, intellectual property or security, and that we do not endorse or affiliate with and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.

8.2.4. ThreeAndMore shall in no event be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to you use of the Website or to you downloading of any material posted on it, or on any website linked to it.

8.2.5. ThreeAndMore shall in no event be liable for any damages arising out or in connection with the payments via the third party payment software and third party processors and providers.

8.2.6. To the extent permitted by law, we exclude any liability for any direct, indirect or consequential loss or damage incurred by you arising out or in connection with the Website, these General Terms and Conditions, the use, the results of the use, or the inability to use of the Website, any websites or resources linked to it and any materials posted on it or communications via the Website, including without limitation loss of opportunities, data loss, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses.

8.2.7. You agree and accept that the contractual and extra contractual liability of ThreeAndMore is limited to the amount paid by you to ThreeAndMore during the twelve months period prior to the event giving rise to this liability and shall in no event exceed the insured amount covered by ThreeAndMore’s insurer. ThreeAndMore can never be held liable for indirect damages or consequential damages including (but not limited to) lost profit, loss of time or any other damages that result from communication via the Website. However, nothing in these General Terms and Conditions excludes the liability of ThreeAndMore for intent, deceit, bodily harm, gross error, and death.

8.2.8. You agree to indemnify ThreeAndMore, its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and partners against any and all claims of third parties (including legal expenses) that originate from or are related to your use of the Website, information and/or material that was published by you on the Website, your conduct or interactions with other users of the Website, and/or any form of breach of contract.

8.2.9. Your sole remedy for dissatisfaction with the Website is to stop using it.

  1. Intellectual property rights

9.1. You guarantee that the information on your profile was published by you and that you are the sole author on your profile and that it does not infringe any third party intellectual property. You acknowledge and agree that you are solely responsible for the content you publish on the Website, including the responsibility to avoid infringement of intellectual property of third parties. You agree to indemnify ThreeAndMore from any royalties or other fees owed to any third party by reason of your content. We reserve the right to remove, in whole or in part, any of your content that violates the intellectual property rights of others (including the Intellectual Property as defined hereafter).

9.2. You grant ThreeAndMore an unlimited, non-exclusive, worldwide, perpetual, transferable, irrevocable, (sub)licensable and royalty-free right to use, access, transmit, process, reproduce, store, archive, cache translate, modify, distribute and otherwise use information that you shared with other members via the Website (including text, photos, images, drawings, photo captions, personal data, and so on), in any form, medium or technology now known or later developed for the purpose of operating or improving the operations of the Website and operating the modules and delivery of the services you requested on the Website and for internal ThreeAndMore business purposes.

9.3. All data ThreeAndMore collects about users through the use of the Website (“User Data”), excluding your content and user generated content, is the property of ThreeAndMore.

All rights, title and interest to the Website, specifically including our software, technology and related documentation, the ThreeAndMore name, the ThreeAndMore mark, the ThreeAndMore logo, the ThreeAndMore buttons, badges, widgets, images, photos, animations, videos and text, but excluding your content, user generated content, third-party web services or third-party content linked to or posted within the Website, shall at all times remain the property of ThreeAndMore (the “Intellectual Property”).

You agree not to use, modify, reproduce, reverse engineer, decompile, distribute, disseminate, publish, sell, show or otherwise exploit User Data or the Intellectual Property without express written consent of ThreeAndMore.

9.4. You agree that, for those communities that have been labelled as ‘public’ on the Website, ThreeAndMore, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of ThreeAndMore and the Website, and any products, goods, features, capabilities and/or services associated with ThreeAndMore and the Website.

  1. Changes in these General Terms and Conditions

10.1. These General Terms and Conditions may be changed at any time.

10.2. Changes are published on the Website and take effect ten (10) days after the publication thereof on the Website.

10.3. You implicitly accept the changed version of the Website if you continue using the Website after the changes.

  1. Dispute resolution

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By agreeing to these terms, you are waiving the right to participate in a class action.

  1. Legislation and competent courts

12.1. These General Terms and Conditions are governed, interpreted, and implemented in accordance with Belgian law, which exclusively applies in case of a potential dispute.

12.2. The courts of the legal district of Antwerp, department Antwerp, are exclusively competent to rule on each and every dispute that may derive from the interpretation or from the implementation of these General Terms and Conditions or any dispute or claim that may arise out or in connection with it or its subject matter and that cannot be settled amicably.

  1. Miscellaneous

13.1. Relationship

This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and ThreeAndMore. Except as expressly provided herein, neither party has the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.

13.2. Notices

All notices permitted or required under this Agreement, unless specified otherwise, must be sent in writing as follows in order to be valid: a) if to you by us, via email to the address associated with your account or via your timeline on the Website; b) if to us by you, via support@3nm.com. Notices will be deemed given a) if to you, when emailed, and b) if to us, on receipt by us.

13.3. Severability

Whenever possible, the provisions of these General Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under applicable law. If one or more provisions of these General Terms and Conditions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of the General Terms and Conditions shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.