Using Nuvoni means accepting these terms
These Terms of Use (the "Terms"), together with our Privacy Statement and the Data Processing Addendum incorporated herein by this reference (the "DPA"), constitute the entire Agreement between Nuvoni BV (BE0780.735.578), Square de Meeûs 35 De Meeûssquare, Bruxelles 1000 Brussel, Belgique - België and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns ("Nuvoni" or "We") and you ("You" or the "User"). These Terms govern your use of the Nuvoni website (the "Site"), the Nuvoni mobile app and/or the Nuvoni services (collectively, the "Service").
By using the Service, you acknowledge that you have read and agree to these Terms, so please read them carefully. We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once updated Terms are in effect, you will be bound by them if you continue to use the Service. If you don't agree to our updated Terms, you may delete your account at any time.
Accounts, passwords and security
You must be a registered User in order to access the Service. You are responsible for keeping your password secure, and you are solely and strictly liable for any activity that occurs under your username. You also agree not to access, or attempt to access, the accounts and/or data of other Users — you wouldn't want someone to do that to you, right?
Intellectual property
Nuvoni claims no intellectual property rights over the data you provide to the Service.
You acknowledge and agree that Nuvoni owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
If, notwithstanding the foregoing, a third party claims that the software is infringing, made on its intellectual property rights or otherwise, the User is obliged to immediately report any such claim to Nuvoni in order to allow Nuvoni to oppose such claim at its own expense. The User declares to cooperate to such opposition. In such a case, Nuvoni also has the right to use the software or a part thereof replaced in order to rectify the alleged infringement.
Termination
If the Service is terminated or dissolved, the User is constrained to a transition period of two months following your notice of termination.
Force majeure
Neither Party shall be responsible for any failure to perform, or delay in performing, any of its obligations under these Terms, where and to the extent that such failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or public enemies, acts of government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil disturbances or the like.
Choice of applicable law
You agree that any disputes or proceedings relating in any way to or arising from your use of the Service shall be governed, without regard to principles of conflicts of law, by the laws of Belgium, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a User, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Nuvoni and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Brussels, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in Belgium, or in the EU country in which you reside.
Disclaimer of warranties
The Service is provided "as is" and you use it at your own risk. Nuvoni expressly disclaims all warranties, express or implied, including without limitation the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and the warranty of non-infringement.
We try to keep the service bug-free and safe, but Nuvoni does not warrant or guarantee the continuous, error-free, secure or virus-free operation of the Service or your account. You understand and agree that you are not entitled to make a claim based upon Nuvoni's failure, regardless of fault, to provide any of the foregoing. As we said, you use the Service at your own risk.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. If someone's life or the fate of the free world depends on your use of the Service, please do not use the Service.
Some jurisdictions do not allow the disclaimer of certain warranties, and to that extent, the foregoing disclaimers may not apply to you. To the extent that you live in a jurisdiction that refuses to enforce the foregoing disclaimers, Nuvoni disclaims all warranties, express and implied, to the maximum extent permitted by law.
Limitation of liability
In no event shall Nuvoni be liable to the User or third parties for any damages, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits or loss, corruption and/or alteration of data) arising out of or in any way related to your data and/or your use of the Service and/or your account, whether in an action in contract, tort, equity or otherwise.
The User voluntarily engages in the activity of using the internet and assumes the risks associated with that activity. You shall be solely responsible for any damage to your computer or your data resulting from such activity. In no event shall Nuvoni have any liability to you or any third party for unauthorized access to, or use, alteration, corruption, theft or destruction of your data and/or your account.
Nuvoni's liability is expressly limited for any reason and for any cause of action to the amount that you have actually paid to Nuvoni for the service during the three months immediately preceding the date on which you claim that the cause of action arose.
The laws of some jurisdictions prohibit the foregoing limitation of liability. To the extent that you live in a jurisdiction that refuses to enforce the foregoing provision, Nuvoni's liability is limited to the greatest extent permitted by the law of that jurisdiction.
Statute of limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may wish to assert relating in any way to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Authorization and Mandate
By registering for the Service, You authorize Nuvoni to act as Your designated operator for VAT exemption and refund procedures in Belgium. This authorization includes, but is not limited to:
- Submitting VAT exemption documents (including Certificate 151 forms and E-certificates) to Belgian tax authorities and merchants on Your behalf;
- Communicating with suppliers, retailers, and tax authorities regarding Your exemption claims;
- Receiving VAT refunds and exemption confirmations on Your behalf;
- Performing all administrative actions necessary to process Your VAT exemption claims under applicable Belgian and EU legislation, including Article 42 of the Belgian VAT Code and Article 151 of EU VAT Directive 2006/112/EC.
This authorization remains in effect for the duration of Your use of the Service and for a reasonable period thereafter to complete any pending claims. You may revoke this authorization at any time by written notice to Nuvoni, subject to the termination provisions of these Terms.
You warrant that You are legally entitled to claim VAT exemptions under applicable diplomatic, consular, military, or tourist provisions, and that all information provided to Nuvoni for this purpose is accurate and complete.
Users with questions about these Terms or the Privacy Statement can contact Nuvoni at info@nuvoni.eu or Square de Meeûs 35 De Meeûssquare, Bruxelles 1000 Brussel, Belgique - België.