These Terms & Conditions govern the Affiliate Program offered by Accountable SA (“the Program”) and the advertisements, documents, videos and information contained therein (“the Information”) and the Accountable Website.
The Affiliate program is available to Users aged 18 or over (referred to as “You” or the “Affiliate”) registered as a business and acting in the context of their professional activities.
The Program is provided by Accountable S.A., having its registered seat at 22, Drève des Weigelias, 1170 Brussels, Belgium (here denominated as Accountable).
Accountable is authorised as an account information service provider by the National Bank of Belgium, Boulevard de Berlaimont/Berlaimontlaan 14, B-1000 Brussels (Tel.: +32 2 221 21 11 – www.bnb.be) and supervised by the National Bank of Belgium and the Federal Public Service Economy, S.M.E.s, Self-employed and Energy. City Atrium C, Rue du Progrès/Vooruitgangstraat 50, 1210 Brussels (Tel.: 32 800 120 33 – www.economie.fgov.be).
Please read these Terms and Conditions carefully before registering or using the Program and keep them for your records. By registering, using and/or accessing the services provided by Accountable SA you confirm that You are legally bound by the Terms and Conditions, as amended from time to time.
These Terms and Conditions are available in English. These Terms and Conditions are available at any time on the website of Accountable and may be provided to You on a durable medium at Your request.
Definitions
The capitalised terms in these General Terms & Conditions shall have the following meaning:
Terms & Conditions: the present Terms & Conditions between You as the Affiliate and Accountable SA
Accountable SA: Accountable S.A., having its registered seat at 22, Drève des Weiglias, 1170 Brussels, Belgium
Affiliate Credentials or Credentials: Your personalised username, password and/or PIN code (as chosen by You) allowing You to identify Yourself to access and use the Affiliate Platform
Accountable Website: the website operated by Accountable containing information on Accountable products and services
Information: the advertisements, documents, videos and information contained in the Accountable App
the Basic Services: the services provided through the Accountable App by Accountable
the Services: all the services provided by both Accountable
Affiliate / You / Your: you, in your capacity as the promoter of the Accountable App
User/Users: users of the Accountable App
Description of the Accountable App and of the Affiliate Program
The Accountable App and the Basic Services
The Accountable App is a mobile & web application providing Users with a wide range of services. These different services can be free or paid.
The Services allow You to, among others :
Connect to Your bank account and import Your banking transactions in the application;
Input new expenses, scan receipts and read the relevant information in the Accountable App;
Classify your expenses;
Match receipts and accounting documents to transactions;
Create & send sales invoices;
Some of the Services are subject to the payment of a subscription fee, as further described in the App. Please refer to the explanations provided in the App for more details on the functions and services available.
The Affiliate Program or ‘Program’
Accountable set up an Affiliate Program for Affiliates to recommend Accountable to third parties, with the objective that those third parties become Users of the Accountable App.
Accountable aims at compensating Affiliates for third parties, possibly among others:
signing-up as a user of the Accountable App
subscribing to a paid plan of the Accountable App.
For this purpose, Accountable will make available a series of means, including specific and traceable links, for Affiliates to share with third parties.
The Program is hosted on the Platform, made available by Accountable to the Affiliate.
Access, use and availability of the Program
Conditions of use
Access to and use of the Program is only allowed for natural persons above 18 years or legal persons who are registered as businesses and who use the Program within the context of their professional activities. The Platform may not be available in every countries or languages other than English, Dutch, German or French.
The Affiliate accepts all the limitations that Accountable could put in place in the use of the Program.
Accountable may interrupt, temporarily or not, all or part of the Program without prior notice provided by Accountable.
No indemnities shall be granted in case of temporary or permanent interruption of the services offered through the Program.
Account creation
Some features of the Platform require the creation of an account. In such case, You will need to provide a certain amount of information that is available on the Affiliate’s setting space in the Platform and can be modified at any time. The information to be provided depends on the type of services used and the legal form of the Affiliate.
In order to benefit from a full use of the Program, You will have to provide true and complete information. In case of any change, that information will need to be updated. If You provide incorrect, incomplete or obsolete information, Accountable reserves the right to suspend or terminate Your account.
In addition, You certifiy in particular that You are able by law to use the Program and that You are not banned from running a business.
Upon the creation of Your account, You must provide a valid e-mail address (personal to You) and also determine Your Accountable Credentials (account name, password and/or PIN code). When doing so, You shall not The preservation of their confidentiality falls under Your sole responsibility, and You shall not disclose Your Accountable Credentials to any other person (including Your spouse/partner, family members or friends). You agree to inform Accountable immediately if You notice or suspect a fraudulent use of Your account.
Continuity of the Program related thereto
Accountable shall use all commercially reasonable efforts to ensure the continuity of the availability of the Program and the services related thereto. However, it may suspend access to the Platform, without notice or compensation, for the purpose of maintenance or for any urgent circumstances (including in case of fraud or suspicion or risk of fraud). Even though Accountable will in principle notify You as soon as reasonably possible of any interruption, Accountable cannot be held liable for any compensation in the case of the absence of such a notification.
Accountable cannot guarantee the continuous, uninterrupted or error-free functioning of the Platform. The Platform may be delayed, unavailable or inaccurate from time to time due to a variety of factors, including location, speed of the internet connection, technical reasons, maintenance or updates. The Platform is available through Your Device. The quality of the services may also vary depending on the Device used.
Security of Your Credentials
The Accountable Credentials You have selected are strictly personal and confidential and should be kept safely guarded. You must take all reasonable measures to keep them safe and observe the following security requirements:
When choosing Your Credentials, You must choose secure elements, avoiding any combinations or passwords that are obvious.
You should keep Your Credentials secret: do not disclose them to anyone else, not even a family member, a friend or anyone, even if you think that he/she is acting with the best of intentions. If You have reason to believe that someone else knows Your Credentials, You should change them immediately.
You should never write Your Credentials down
When entering the Credentials in the App, You must do it discreetly and avoid that any other person sees them in that process.
How we will communicate with You
Any notification or communication related to Services or the Program may be sent to You, including changes to these Terms and Conditions, by Accountable to the e-mail address of Your account, through the Platform or by posting it on Accountable’s website.
Accountable will communicate with You in the language You chose when You created Your account.
At any time during the relationship, You are entitled to obtain the terms and conditions applicable to the Program on a durable medium (e.g. PDF).
Furthermore they will be available on the website www.accountable.eu.
Your obligations when using of the Program
You must use the Program in accordance with their purpose. If the Program is used to set up and manage illegal projects, Accountable reserves the right to take any legal action to repair the damage it suffered in relation therewith.
You must notify Accountable without undue delay on becoming aware that Your Accountable Credentials have or may potentially have been breached or disclosed to any unauthorised person, or of any possible unauthorised access to Your account.
In addition, You shall not
use the Program or the Information in a manner that does not respect the copyright or proprietary rights they include;
make multiple copies or copies of the Information for distribution;
sell the Program or any other part of the Information to third parties;
modify the content of the Program.
In the event of unauthorised use of the Program or of the Information, or the violation of the present general conditions of use and more generally of any applicable law, You undertake to compensate Accountable and all the parts having undergone a harm caused by these acts.
Contractual limitations on technical data
The Program and Services use different techniques including JavaScript technology. In addition, the Affiliate agrees to access the Platform, website or any other media using recent, virus-free equipment.
Security
The Program contain an automated data processing system. Any fraudulent access to the latter is prohibited and penalised, as is the fraudulent introduction, deletion or modification of data.
Accountable shall use its best efforts to secure the Program, the Affiliate bearing in mind the complexity of the Internet. In case of fraudulent access causing harm to one of its Affiliates or users, Accountable will not be held responsible insofar as it has put in place security measures in line with the generally accepted standards in the market, proportionate to the level of criticality of the stored data.
Should a breach be detected in Your account, Accountable will as soon as possible upon the detection of the breach inform You thereof through email or any other appropriate electronic communication channel. Upon this event, Accountable will revoke your current Credentials. You will then have the possibility to, as soon as possible, create new Credentials through a secure procedure. Accountable will keep You informed of the progress and resolution of the breach.
Similarly, You agree to take all appropriate measures to protect Your own data and / or software from contamination by possible viruses on the Internet network.
You should avoid using computers and mobile phones that are accessible to the public, taking into account the risks inherent in this type of access and, in particular, the possibility of compromising the security of Your Credentials (“Key-loggers”).
You are solely responsible for the use and implementation of appropriate means of security, protection and safeguard of your equipment and data. We strongly recommended that You:
use cryptographic means to protect Your data against unauthorised access;
periodically back up Your data;
regularly update Your software and at all times maintain an up-to-date anti-virus.
Furthermore, You guarantee Accountable against any claim that could potentially be made against Accountable by third parties on the grounds that access to third party systems would not be authorised.
Intellectual property rights
Accountable owns the intellectual property rights or other rights in respect of all the elements available on the Accountable App, including all data, material and content published on it and/or the website, including text, images, graphics, logos, icons, sounds and software.
The content and advertisement of third parties on the Accountable App are protected by any and all type of intellectual property rights, including copyright and related rights.
You may not use the Accountable App, including Information or the Program in any way that is not expressly authorised hereunder or otherwise would infringe upon the intellectual property rights of Accountable.
You may not hide or remove any copyright information that appears on the Information printed through the Services.
We reserve the right to enforce our intellectual property rights against any infringement under applicable laws, including by interim measures, injunctions, penalties or damages.
Licence
Subject to compliance with these Terms & Conditions, we grant You a personal, limited, non-exclusive, non-assignable, non-sublicenseable, licence to download, display and use the Accountable App for your own individual use, on any device(s) that you own or control for the duration of Your contract with Accountable.
This licence is for personal and professional use in order to enable the Affiliate to use the Program, including documents related thereto. The licence is non-transferrable (meaning it cannot be given to anyone else). This licence ends in any case without notice when you no longer actively participate in the Program for more than 365 days. Accountable may also suspend or revoke the licence in case of breach of the conditions expressed in this document.
Management of personal data
Your personal data will be processed in accordance with the Privacy Policy available here. Our Privacy Policy explains what personal data we collect, why we collect it, how we use it, the controls you have over your personal data and the procedures that we have in place to protect your privacy. It applies to personal data we collect through the Accountable App.
Liability and disclaimer of warranties
Scope of liability and exclusion of liability
The duties and responsibilities of Accountable under these Terms and Conditions shall be limited to those expressly set forth and undertaken therein.
Accountable is not liable for any loss (i.e. loss, liability, cost, claim, damages, fees, charges and expenses including all legal and other professional fees and disbursements), direct or indirect arising out of:
the malfunctioning of Your Device, the Platform or of the telecommunication services or in general, of any third party software or hardware ;
any reason beyond Accountable’s control (including cases of Force Majeure). For the purposes of the Agreement, Force Majeure shall mean any unforeseen event which is beyond the reasonable control of Accountable or which may not be reasonably avoided and which prevents or delays performance, by Accountable or any person acting on its behalf, of any of its obligations under this Agreement, including natural disasters, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, or any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labour dispute, government restraint, power or communications disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party;
non-compliance by You with the security precautions and/or instructions set forth in these Terms and Conditions;
negligent, illegal, unethical, fraudulent or criminal acts or omissions of any third party;
hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors.
Without limiting the foregoing, under no circumstances shall Accountable or its subcontractors be liable for:
any indirect, incidental or consequential loss, including but not limited to, loss of or damage to clientele, loss of data, loss of earnings, loss of profits, disruption of business, claims from third parties, reputation or expected savings even if Accountable was advised or was otherwise aware or should have been aware of the possibility or likelihood of such losses and regardless of whether the cause of action is in contract or in tort (including negligence) or otherwise and regardless of whether any limited remedy provided hereunder is determined to fail in its essential purpose;
any direct loss other than caused exclusively by Accountable’s own gross negligence or wilful misconduct, save in the case of death of physical injury;
To the extent permitted by law and notwithstanding any provision contained in the Terms and Conditions to the contrary, the aggregate liability of Accountable under the Terms and conditions for any and all losses suffered or incurred by You shall not exceed € 5,000.
This Chapter applies regardless of the legal grounds or nature of the claim.
Disclaimer of warranties
While Accountable will use reasonable efforts to ensure that all information and documentation provided in the App is correct, accuracy cannot be guaranteed and neither Accountable nor its subcontractors assume any responsibility or liability for the accuracy, completeness or authenticity of any information.
The Platform and any of its components are provided on an “as available,” “as is” basis. All warranties express or implied, are hereby disclaimed, including any warranty of merchantability, title/non-infringement, quality of information, or fitness for a particular purpose. No information obtained by You from Accountable or its subcontractors shall create any warranty not expressly stated herein. Without limitation and to the extent legally possible, Accountable and its subcontractors disclaim all warranties regarding the availability of the App or related software except as expressly stated in the Terms and Conditions or regarding the fact that they will operate error-free, that defects will be corrected or that the software is free of viruses or other harmful components.
For example, Accountable does not guarantee that:
the Program will bring You complete satisfaction and are adapted to Your specific needs;
the Platform will work without bug or error or will be available at all times;
any defects will be corrected.
While all necessary steps will be taken as quickly as possible to ensure the continuity of the Program, we are not responsible for any suspension, interruption, temporary unavailability or failure of the Program, regardless of cause. We will make every reasonable effort to restore the Program.
Duration and termination rights
The Agreement is entered into for an unlimited term.
You may close Your account, and more generally terminate the use of the Platform at any time, with immediate effect.
Accountable may at any time terminate this Agreement or any of the services relating to the Program without compensation with one-month prior notice to You.
Without prejudice to its other rights available by law or under the Agreement, Accountable may at its own discretion either terminate this Agreement with immediate effect or suspend the execution of this Agreement, deny or restrict Your access to the Platform and/or the account at any time if You breach this Agreement (including any use of the Program in any way that is contrary to those General Terms & Conditions).
Accountable may also suspend the execution of this Agreement, deny or restrict access to the Accountable App and/or the account at any time:
in case of a reasonable suspicion of fraud or of a risk of improper or fraudulent use of the Program
if Accountable becomes aware of other facts that jeopardise the relationship of trust between You and Accountable or that harm or threaten to harm the Accountable’s reputation
in the event of technical issues or
for any other objective security reason.
Upon termination of the use of the Program, these General Terms & Conditions, including all rights and licences granted hereunder, shall be terminated except for all clauses that by nature survive termination of the Agreement (including, but not limited to, the provisions relating to intellectual property rights and the licence, liability of Accountable, etc).
If You wish to establish a link
If you wish to insert a link to the Accountable website, please read and respect the following information and all applicable laws.
Any use of the Accountable trademark or logo is subject to Accountable’s prior consent. In any case, no distortion, change of size or appearance of the logo shall be permitted.
Similarly, partners cannot under any circumstances suggest that the Accountable site endorses their products or services.
Partners may not misrepresent the Accountable website or provide false information on the site.
We do not authorise any site or service that does not respect the intellectual property or other rights of another person or that otherwise fails to comply with applicable laws and regulations to establish a link with Accountable.
We do not allow any site or service that contains items that may be interpreted as being offensive or offensive to establish a link with Accountable. We expressly reserve the right to require that a link that does not comply with these terms and conditions be withdrawn and reserves the right to take any other action, including legal action, if deemed necessary.
General provisions, applicable law and competent court
Accountable reserves the right to modify at any time these Terms and Conditions of use. Accountable will notify the modifications to the Terms and Conditions to You at least two months before they become applicable. If You do not agree with the intended modification, You may close Your account and terminate the use of Program free of charge at any time. You will be deemed to have accepted the changes if You have not notified Accountable of the contrary before the proposed date of applicability of the changes.
These terms and conditions shall be interpreted in accordance with Belgian law and shall be subject to the exclusive jurisdiction of the Belgian courts.
If any of the general conditions of use were to be regarded as irregular, this irregularity would not cause in any hypothesis the nullity of all the general conditions of use exposed above.