GENERAL CONDITIONS OF USE OF THE WEBSITE
Welcome to the EXKi website that enables you (i) to learn about who we are and our range of products and services, (ii) to provide feedback thereon, and (iii) to place your orders online.
By accessing and/or using this website (hereafter referred to as « the Site »), you agree to comply with and be bound by the following general conditions of use and where appropriate the other conditions and regulations found on the Site. The use of the Site, and more specifically your prerequisite registration for online ordering, confirms your acknowledgement and acceptance of the conditions of use. These conditions are subject to change and we ask you therefore to regularly check their content to take knowledge of any changes made. Unless otherwise indicated, these changes will take effect as soon as they are posted on the Site.
Should you disagree with any of these conditions, you must not use the Site or any of the associated services.
Website Editor. The Site is managed by EXKi SA, whose registered office is located at 1000 Bruxelles, Stéphanie Plaza, 54 avenue Louise, and business number is 0472.429.986.
Disclaimer – Website Content. The Site aims primarily to introduce EXKi and its products and services.
EXKI strives to ensure that the content of the Site remains accurate and up-to-date at all times. However, EXKi does not guarantee the accuracy, reliability, suitability, completeness or timeliness of the Site content. EXKi cannot therefore be held liable for any typographical or other errors or inaccuracies found in the Site content.
Equally, and subject to any contrary and mandatory provisions of the law that may apply to you as consumer, EXKi shall not in any event be liable for any loss, direct or indirect, resulting from access to and/or use of this Site or its content, including but not limited to, the loss of data, for whatever reason, even when EXKi has been advised of the possibility of such a loss.
Equally, EXKi shall not be liable for any damages resulting from a serious error it may have committed. You agree to indemnify and hold EXKi, and its representatives, agents and employees, harmless from any demands or claims, including reasonable lawyers’ fees, made against EXKi by a third party, caused by or resulting from any failure on your behalf to comply with these general conditions of use or any document referred to therein, or any violation on your part of any laws or rights of these third parties.
General conditions of use of the Site. You agree not to collect or obtain any personal data from any other user of the Site or any associated service, without obtaining prior consent from the user. You are also strictly forbidden to download or reuse any major portions of the Site, or to download or reuse systematically or regularly any less significant portions of the Site. You are also forbidden to spread viruses or use any technology that could prejudice the good working of the Site or the interests of its other users.
Specific conditions relating to the services offered on the Site. Only users who have properly registered on the Site are able to order products and services on the Site in accordance with the available means selected when placing the order. In this regard, we refer to our general conditions of sale.
As a consumer of goods and/or services made to your specifications, you recognize and accept that once an order is placed, it cannot be cancelled, and this in accordance with Article 16 (d) of the European Directive 2011/83/UE of 25 October 2011 regarding consumer rights and Article VI.53 of the Code of Economic Law.
Functioning of this Site. Despite the steps taken by EXKi to ensure the best possible functioning of this Site, EXKi cannot provide any guarantee concerning the access, content, availability or good working of this Site and shall not be held liable for any action or inaction by other users, any interruption in the availability or defect in the working of the Site, regarding its security in particular, whatever the cause, as this may arise from a number of factors outside of EXKi’s control.
Moreover, EXKi reserves the right, at any time and without reason, to suspend or terminate the operation of the Site.
In the event of a dispute relating to electronic communications involved in the use of this Site (such as for communicating with this Site, etc.), EXKi technical data shall be deemed of greater probative value.
Intellectual property rights. This Site and its content, including but not limited to, products (whether personalized or not), texts, graphics, photographs, videos, sounds, logos and icons, are protected by copyright and/or other intellectual property rights (trademarks, databases, etc.) and must not be copied, reproduced, distributed, used, adapted and/or translated, either in part or in their entirety, without prior written consent from EXKi and/or the owner of the right in question. Any use hereof contrary to these conditions is expressly prohibited.
Hyperlinks to third party websites. Links to other websites from our Site are not controlled by EXKi and EXKi shall not be held liable for any illegal content on these websites or for any links they contain to other websites. The presence of links to other websites from this Site does not imply any endorsement or quality guarantee by EXKi.
Commitment to privacy. Any personal data collected by EXKi, particularly during your registration as user of the Site, shall not be disclosed to any third parties for marketing purposes without your prior consent. Such information will be used solely in accordance with the General Data Protection Regulation. Furthermore, this information is stored and processed on servers in Europe that are controlled by EXKi to ensure the highest physical and technological level of data security. We ask you not to use EXKi services and its Site if you do not agree with the General Data Protection Regulation.
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Governing law and jurisdiction. This Site, its operation and use, are governed by Belgian law, except regarding rules of conflicts of law. Subject to any mandatory regulations to the contrary, the French-speaking courts of Brussels have sole jurisdiction over any dispute related to the access and/or use of this Site. Information on alternative regulations regarding disputes can be obtained via http://ec.europa.eu/odr/
Should you have any questions regarding these conditions of use or the General Data Protection Regulation, please contact EXKi by email (privacy@EXKi.com), or by post to EXKi SA, Stéphanie Plaza, 54 avenue Louise, 1000 Brussels.
NOTICE TO CUSTOMERS REGARDING PRIVACY AND DATA PROTECTION
EXKI S.A., of which the registered office is located at 1000 Brussels, Stéphanie Plaza, 54 avenue Louise, and business number is 0472.429.986, acting as data controller, handles and uses personal data relating to its customers (hereafter referred to as « Customers »), in accordance with applicable data protection regulations, in particular the European Regulation 2016/679 of 27 April 2016 known as the General Data Protection Regulation (hereafter referred to as the « GDPR »).
This notice regarding privacy and data protection aims to explain why and how EXKi collects personal data on its Customers (hereafter referred to as « Customer Data »), how it protects the data and for how long it is stored. This notice is served without prejudice to any specific provisions contained in other documents.
1 Why does EXKI process Customer Data?
EXKI stores and processes Customer Data, electronically or otherwise, for administrative, marketing and customer management purposes, including but not limited to: handling and responding to all communications or to requests or enquiries from Customers (including via the website) or following an initial contact with EXKi; processing information on actual or potential online sales of EXKi products and/or services and sending account statements and invoices to Customers; providing Customers with information letters or other marketing communications; conducting customer surveys or marketing research to improve EXKi products and/or services; and resolving conflicts.
2 What are the legal grounds for the processing of Customer Data?
Customer Data is processed on the basis of one or more of the following legal grounds:
• Concluding and managing the execution of a sales contract or other contract with a Customer, including the invoicing process,
• Compliance with all applicable legal requirements (for example, regarding tax administration, etc.),
• Furthering the legitimate interests of EXKi and/or a third party that EXKi believes will also benefit the Customers, including but not limited to, direct marketing or data analysis,
• Obtaining Customer consent (for example, to respond to a customer satisfaction survey). The Customer may withdraw their consent at any time, although such a withdrawal will not affect the legality of the processing that has taken place before the withdrawal of consent.
3 What categories of Customer Data are processed?
Customer Data comprises all personal information related to an identified or identifiable legal person.
For the above-mentioned purposes, the processing of personal data may include the following categories:
• Personal identification data, such as name and address,
• Electronic identification data, such as email address and telephone number,
• Personal details, such as date of birth, language, nationality and gender,
• Consumer behaviours (order volumes, sales history, etc.),
• Event participation (including family members),
• Survey data.
4 From where is the Customer Data collected?
When a Customer contacts EXKi, the initial data is generally collected from the Customer directly or indirectly following their visit to our website (for example, via cookies). EXKi may also contact a Customer for promotional purposes when the initial data has not been obtained directly from them but from other people who have transmitted the data to EXKi. As part of their relationship with EXKI, the Customer will provide EXKi with additional information (for example, information required for the purchase order). If the Customer does not provide EXKi with the information required by law or contract, EXKi has the right to refuse to accept any requests or orders made by the Customer. Equally, if the Customer does not provide other information, they will not be able to benefit from any associated advantages. For example, if a Customer does not wish to share their email address with EXKi, they will not receive any electronic information letters from EXKi.
EXKI may also receive Customer related information from other customers, suppliers or, more generally, from other people with whom the Customer has exchanged data regarding their relationship with EXKi.
5 Who has access to Customer Data?
For the above-mentioned purposes, personal data may be disclosed to, and even processed by:
• The Customers themselves,
• EXKi employees who need to know relevant personal data,
• Individuals and legal entities who are in direct contact with EXKi, such as subsidiaries or franchisees,
• Public authorities in accordance with relevant regulations, such as tax authorities,
• Service providers (for example, for website maintenance, assistance with marketing campaigns, etc.) and other professional advisors to EXKi who need to know the information.
6 Is the Customer Data transferred outside of the country of residence?
This data is generally stored in Belgium, but we may transfer certain Customer Data abroad but always in connection with the management of our activities. In the event of the transfer of data outside the European Union, EXKi will have put in place the relevant guarantees in accordance with the GDPR.
7 For how long is the Customer Data stored?
Customer Data is stored no longer than necessary for the above-mentioned purposes.
Data that is transferred relating to customer feedback or enquiries is stored for 1 month after we have responded.
Data that is transferred indirectly by our system is stored for 1 month after the visit to the website.
Data that is transferred relating to online ordering via our website is stored for 12 months.
Other Customer Data is stored when EXKi has a legal responsibility for which the use of Customer Data is appropriate, in accordance with the applicable retention periods and legal requirements for data retention.
8 How is Customer Data protected?
EXKI makes every possible effort to store and protect Customer Data against loss, disclosure or unauthorized access.
9 What are the rights of the individual and who can they contact?
Individuals whose personal data is collected and processed as Customer Data have the right to contact EXKi at any time, as long as they have sufficient proof of identity, if they wish to:
• Access, amend or delete their personal data,
• Restrict or oppose the processing of their personal data (for example, for direct marketing purposes),
• Receive the data they have supplied in a structured, currently used format that is readable by machine, and transfer it to another data controller, providing it has been processed with their consent and/or for the execution of a contract,
• Receive additional information on the guarantees in the event of international transfer of data,
• Lodge a complaint with the Belgian Data Protection Authority or other EU data protection authority, if they believe that EXKi has not acted in accordance with applicable data protection regulations.
Should you require further information on these rights, please contact EXKI:
• By email (privacy@EXKi.com), or
• By post (EXKi SA, Stéphanie Plaza, 54 avenue Louise, 1000 Brussels)
EXKI may modify this privacy and data protection notice at any time as required, in particular when it needs to align with changes to the regulations or meet new requirements of data protection authorities.
Welcome to the MyEXKi loyalty programme.
Our mission? To offer you the pleasure of healthy and sustainable cuisine! In order to offer you a better experience of our products and services, adapted to your needs and desires, we have developed a new program and a new application to get to know you better and to be able to offer you different advantages, promotions, and actions: MyEXKi.
The MyEXKi programme and application allow you to find out about the latest EXKi novelties, promotions and actions at any time, and to enjoy various benefits in our restaurants. The purpose of these MyEXKi general conditions of use is to set out the respective rights and obligations of the User of the programme/application and EXKi, and to inform you of the benefits offered by this programme. They govern the relationship between EXKi and the User, including subscription to, use of and benefits received through the programme and/or the application.
1. DEFINITIONS AND INTERPRETATION
1.1 In these MyEXKi General Terms and Conditions, the following capitalised terms have the meaning given to them in this article
1.1 : Application : The web application (including its mobile version) managed/published by EXKi and operated under the trade name "MyEXKi", accessible on www.exki.com or via the eponymous mobile application available on App Store, Google Apps.
Article : A provision of these MyEXKi General Terms and Conditions.
Benefits The advantages, in various forms such as discounts, commercial offers, gifts, vouchers or others, offered to the User through the Application by subscribing to the MyEXKi programme and/or the purchases made by the User. These Benefits are personalised
EXKi : EXKi SA, registered with the CBE under number 0472.429.986, RPM Brussels, with registered office at Avenue Louise 54, 1050 Brussels. Identification Means: The Identification Means is an individual QR code sent to the User on the User ID communicated by the latter.
Loyalty Points The points (“carrots”) the User may accumulate through the Application for every purchase made in a Restaurant (one carrot for every euro (1 EUR) spent, or through other actions of the User through the Application, and allowing the User to benefit, in the way as determined by EXKi, from certain Benefits.
MyEXKi General Terms and Conditions: These MyEXKi general terms and conditions of use.
Participating Company Any affiliate of EXKi (i.e. any company directly or indirectly controlled by EXKi), or company contractually linked to EXKi, which participates in the MyEXKi programme
Partie(s) : Individually or collectively, the User and/or EXKi.
Promotions General information and direct marketing communications sent by EXKi to the User through the Application or any other communication channel accepted by the User for this purpose, concerning novelties, promotions, events and other information about EXKi Restaurant Restaurants operating under the EXKi brand, participating in the MyEXKi programme, and where the User can use the Application, benefit of Promotions or receive Benefits.
The current list of Restaurants is available here User : Any person who has created a User Account in the Application.
User Account : The User's account allowing access to the User Area by means of the User ID and the Verification Code.
User Area : The sub-environment of the Application accessible only to the User via his User Account.
User ID : The private or professional e-mail address and/or mobile phone number specific to the User, which was provided when the User Account was created.
Verification Code : The unique verification code sent to the User on the User ID, required to validate the creation of the User Account and/or obtain access to the User Area.
Website The following websites operated by EXKi: www.exki.com, www.exki.be, www.exki.fr, www.exki.nl, www.exki.lu
1.2 In these MyEXKi General Terms and Conditions:
1.2.1 Any use of the plural includes the singular and vice versa.
1.2.2 Any use of the masculine gender includes the feminine and vice versa.
1.2.3 The headings of the Articles are intended as an aid to reading and do not affect the interpretation of the provisions contained therein.
1.2.4 Any obligation expressed as a prohibition or an obligation not to do includes the obligation not to allow a third party to do the prohibited acts.
1.2.5 The use of the terms "such as", "including" or similar expressions indicates an intention to use non-exhaustive illustrations.
2.1 These MyEXKi General Terms and Conditions apply to access, subscription to and any form of use of the Application by the User. The MyEXKi General Terms and Conditions also apply to the use of all Benefits and Loyalty Points by the User.
2.3 These MyEXKi General Terms and Conditions do not apply to the use of other EXKi platforms or services (website, online purchases or orders), which are governed by separate general terms and conditions available at: https://www.exki.com/en/cookie-policy and https://www.exki.com/en/cgv-catering respectively.
3. DURATION - TERMINATION - SUSPENSION
3.1 The MyEXKi General Terms and Conditions apply as long as the User uses the Application, i.e. as long as he/she has a User Account.
3.2 The User is not obliged to use the Application, nor to purchase products, nor to withdraw his Benefits. The User may terminate his/her User Account at any time and request the deletion of his/her data by sending an e-mail to firstname.lastname@example.org.
3.3 EXKi may terminate or suspend, partially or totally, for a period of time that it determines, the User Account at any time, without prior notice and without compensation when it suspects or observes infringements of these MyEXKi General Terms and Conditions or fraudulent use of the User Account or the Application.
3.4 EXKi has the right to cease operating the Application at any time and, as a result, to terminate any User Account.
3.5 In the cases of termination referred to in Articles 3.2, 3.3 or 3.4 above, the relationship between EXKi and the User ends, without prejudice to the clauses of the MyEXKi General Terms and Conditions which, by their nature, are intended to have a post-contractual effect (such as, among others, Articles 10, 11, 13 and 17).
3.6 In the event of suspension of the User Account as referred to in Article 3.3 above, the relationship does not end but all EXKi's obligations under these MyEXKi General Terms and Conditions are suspended to the extent and for the duration determined by EXKi.
3.7 The suspension or termination of the User Account does not entitle the User to any compensation whatsoever for the Benefits or others that have not yet been withdrawn by the User.
4.1 The Application is accessible and/or, in its mobile version, available for download on most modern computers and/or mobile devices with internet access and a widespread operating system, such as Windows, MacOS, iOS or Android. EXKi does not, however, offer any guarantee of compatibility between the Application and any particular operating system and/or device. It is the sole responsibility of the User to ensure this compatibility and EXKi shall bear no responsibility for any incompatibility.
4.2 Access to and use of the Application is free of charge. However, it is the sole responsibility of the User to pay the costs of the internet access required to use the Application. Thus, in particular, the User is solely responsible for taking out the (mobile) internet subscriptions required to use the Application.
4.3 EXKi is the sole owner of the Application and is entitled to make any changes or updates to the Application that it deems desirable or necessary. EXKi reserves the right to stop providing support or to stop providing access to obsolete versions of the Application. The application of this Article 4.3 may not give rise to any claim by the User or liability of EXKi towards anyone.
4.4 Subject to the provisions of this Article 4 and except for periodic maintenance, EXKi will endeavour to keep the Application functional and accessible. However, under no circumstances can EXKi be held responsible for any interruptions in continuous access to the Application when such an interruption is due to the fact or omission of a third party (including, in particular, Internet service providers, payment service providers, etc.) and/or the User.
4.5 The User may only use the Application for personal purposes. It is forbidden to use the Application for commercial purposes.
5. USER ACCOUNT - VERIFICATION CODE - USER ID
5.1 In order to have access to the features of the Application, the User must create a User Account.
To do so, he must provide the following information:
5.1.1 Name and surname,
5.1.2 An e-mail address (personal or professional) for use by the User only;
5.1.3 A mobile phone number. This number will be used to validate the creation/access to the User Account;
of data with a view to offering personalised Benefits to the User), the User will not be able to create a User Account or subscribe to the MyEXKi programme.
5.2 The User is responsible for and guarantees the accuracy of the information he/she provides to EXKi in application of Articles 5.1.1 to 5.1.4 above.
5.3 Once the User Account has been created and, as the case may be, validated, the User is prohibited from activating an account on behalf of a third party without the agreement of EXKi.
5.4 The User is solely responsible for securing his User Account, his User ID, and the computer means (both software and hardware, including the security of his internet connection) that he uses to access it. The User Account is strictly personal and can only be used by the User. The User is, in any case, solely responsible for the activity carried out from his User Account. Any hacking or alleged unauthorised access will only be opposable to EXKi after the User has notified it.
5.5 If the User refuses to create a User Account, or to provide the necessary information as set out in Article 5.1 above, the Benefits already collected will be deemed never to have been granted, and the customer will not be able to benefit from the various advantages of the MyEXKi programme.
5.6 The Application may not be used by anyone under the age of 13. The Application is not intended for, designed for or otherwise configured for minors, and is not intended to entice minors to make purchases.
6. USER AREA
6.1 Via the User Account, the User has access to his/her User Area, where he/she can consult past purchases of products, receipts issued by EXKi to his/her attention, Promotions, Advantages from which he/she can benefit, or modify his/her communication preferences.
7. LOYALTY POINTS
7.1 The User can, by presenting his Identification Means in the Restaurant, accumulate Loyalty Points for each purchase in a Restaurant or on the occasion of specific actions.
7.2 Loyalty Points are registered in the User Account at the time of payment. Thereto, the User must present his Identification Means.
7.3 The grid for obtaining Loyalty Points is defined by EXKi. One Loyalty Point (“carrot”) is granted for each purchase of one euro (1 EUR) worth.
7.4 Loyalty Points are valid for a period of two (2) years from their recognition.
7.5 Loyalty Points are in no way transferred or exchanged for cash.
7.6 The User can at any time consult the number of Loyalty Points he has accumulated in his User Area or through the Application.
7.7 The User has the possibility of exchanging his Loyalty Points in a Restaurant for one or more products, defined by EXKi.
7.8 The User also has the possibility, within the limits of the Promotions or Benefits offered by EXKi, and under the conditions defined therein, of exchanging his/her Loyalty Points in accordance with these Promotions or Benefits, and within the limits of availability of the products.
8.1 The User, by subscribing to the MyEXKi programme, will benefit from various Benefits, among others in the form of discount coupons, a free product or a gift, to be used / collected in a Restaurant. These Benefits are personalised. When creating his/her User Account and subscribing to the MyEXKi programme, the User must give his/her express consent to the processing of relevant data by EXKi for this purpose.
8.2 All required information with respect to each Benefit, including the period of validity, the products concerned or other conditions, will be communicated to the User at the time the Benefit is issued. The User is invited to read this information before making use of it.
9.1 When subscribing to the MyEXKi programme, and at any time via the User Area, the User can choose whether or not to receive Promotions (promotional and/or informative communications) via the communication channels that he or she has indicated.
10. EVOLUTION OF THE PROGRAMME
10.1 EXKi reserves the right to modify the functioning of the MyEXKi programme at any time. The User will be informed of these changes via the communication channels that he/she has specified, at least 30 days before they come into force.
11.1 Any notice required under these MyEXKi General Terms and Conditions or claim must be made
11.1.1 to EXKi by post to the address given in Article 1.1 or by e-mail to email@example.com.
11.1.2 To the User, at the email address or mobile phone number provided when creating his/her User Account.
11.2 EXKi will do everything possible to handle the User's complaints as soon as possible after receiving them.
12. RESPONSIBILITIES OF THE USER
12.1 By subscribing to the MyEXKi programme, the User agrees to: use the functionalities of the programme and the Application in accordance with their purpose; not to use the program or the Application for any illegal actions or activities, or in violation of public order or the rights of third parties; comply with these MyEXKi General Terms and Conditions; respect the intellectual property rights of EXKi and/or its suppliers or partners; not to act in a way that undermines the functioning, integrity or security of the Application
13.1 All EXKi obligations are obligations of means.
13.2 Except in the case of fraud, wilful misconduct, or mandatory legislation or public order, EXKi's liability to the User in connection with the MyEXKi programme is limited in the event of interruption of access to the Application to providing commercially reasonable efforts to restore this access. Any other form of compensation in kind or by equivalent is expressly excluded.
14. FORCE MAJEURE
Neither party shall be liable for the consequences of a breach of the MyEXKi General Terms and Conditions if such breach is due to force majeure. In particular, the following are considered to be cases of force majeure: natural disasters, war, revolution, acts of God, epidemics or pandemics, temporary or permanent restrictions on access to certain premises, power or Internet network failures and, in general, any event that is reasonably unforeseeable and beyond the control of the Party affected.
15. PERSONAL DATA
15.2 All collection and processing of the User's personal data is carried out in accordance with the
legislation in force (including the GDPR). The User can exercise all the rights granted to him/her by this legislation by simply notifying EXKi.
16. INTELLECTUAL RIGHTS
16.1 The User acquires, during the period of activity of his User Account, a free licence to use the Application, within the limits and for the use granted in the MyEXKi General Terms and Conditions.
16.2 EXKi remains the sole owner of and does not grant any intellectual property rights whatsoever concerning the Application, the EXKi brand, and the associated distinctive signs. The User must refrain from any appropriation, modification, or alteration of these elements.
17. CONSUMER PROTECTION
As the Application is made available to the User free of charge and the User Account can be terminated at any time, the User acknowledges that he/she has a permanent right of withdrawal free of charge concerning the use of the Application in accordance with the applicable legal provisions.
18.1 The MyEXKi General Terms and Conditions may be modified from time to time by EXKi. In such a case, these modifications will be communicated to the User. EXKi reserves the right to make the continued use of the Application by the User subject to the express acceptance of such modifications to the MyEXKi General Terms and Conditions.
18.2 The MyEXKi General Terms and Conditions are divisible. Any invalidity or other impediment to the application of a clause (or part of a clause) of the MyEXKi General Terms and Conditions shall not result in the invalidity of the MyEXKi General Terms and Conditions in their entirety.
18.3 The User Account is personal and non-transferable. EXKi has the right to transfer its contractual position to any other company in the EXKi group by simply notifying the User.
18.4 The MyEXKi General Terms and Conditions contain the entire agreement between theParties, to the exclusion of any other commitments, declarations, etc.
18.5 The Parties agree that the acceptance of the MyEXKi General Terms and Conditions by theuser by means of the User ID and the Verification Code constitutes a sufficient and authenticway of identifying the user. Electronic acceptance of the MyEXKi General Terms and Conditions in the User Area shall therefore constitute an electronic signature within the meaning of the applicable legislation.
19. APPLICABLE LAW - JURISDICTION
19.1 The relationship between the Parties and the MyEXKi General Terms and Conditions are, in all aspects, exclusively subject to Belgian law.
19.2 Any dispute relating to the Contract (including any dispute concerning the pre-contractual phase or any other extra-contractual obligation relating to the Contract) will be submitted exclusively to the courts of the district of Brussels. The User expressly accepts that EXKi can only be sued before the French-speaking courts of the district of Brussels, without prejudice to the legal provisions applicable when the Client is a consumer.
Last updated: 15/06/2023