Buss Lifestyle — EULA
These Terms of Use govern the use of the Buss Lifestyle app (“the app”). Orders are additionally governed by the General Terms of Sale, and your data by the Privacy Policy.
1. Who provides the app?
The app is provided by Plan-B International BV, trading as Buss Olive Oil (“Buss”, “we”), Vogelzangstraat 50B, 2560 Nijlen, Belgium, enterprise number / VAT BE 0881.457.509, info (at) bussoliveoil.com.
The app was developed by SMDS Solutions (10000 Suns bv, Sanderusstraat 9, 2018 Antwerp, BE 0788.948.312), which technically manages the app on behalf of Buss and offers it in its own name in the App Store and on Google Play.
2. Acceptance
By creating an account and ticking the box “I accept the terms of use and the terms of sale, and I have read the privacy policy.”, you accept these Terms of Use. If you do not agree to them, do not use the app.
3. Who is the app for?
3.1 The app is intended for professional users ordering on behalf of a business, such as chefs, restaurants, hotels and caterers. You must be at least 18 years old.
3.2 You can register with a VAT number or with a VAT number that is “pending”. You can only place orders once your business's VAT number is valid and confirmed, and once you have confirmed your email address with a code: your order confirmation is sent to that address.
3.3 You confirm that you are authorised to act on behalf of the business and that the information you provide is accurate and complete. Keep it up to date.
4. Your account
4.1 You log in with your email address or mobile number and a one-time code. After that, you can unlock the app with your device's biometrics (Face ID, Touch ID or fingerprint). Those biometrics remain on your device; the app never receives them.
4.2 Your account is personal. Do not share your codes, and protect your device with a screen lock. Everything that happens via your account is deemed to have been done by you, on behalf of your business.
4.3 If you suspect that someone else has access to your account, let us know immediately via info (at) bussoliveoil.com.
5. Permitted use
You may use the app only to view and order Buss products for your professional activity. You may not:
- provide false or misleading information, or someone else's information;
- use the app for fraud or to misuse payments;
- decompile, modify or copy the app, or attempt to derive its source code, except to the extent expressly permitted by law;
- circumvent security, overload the app or the servers, or extract data from the app by automated means;
- use the app in any manner that is contrary to the law.
6. Licence and intellectual property
6.1 We grant you a personal, non-exclusive, non-transferable and revocable right to use the app on devices that you own or control, in accordance with these terms and the rules of the App Store or Google Play.
6.2 The app, the brand name Buss, EVOOGREEN, the logos, product photos and texts are the property of Buss or its licensors. The app's software is the property of SMDS Solutions and is licensed to Buss. You acquire no rights in them other than the right of use in section 6.1.
7. Availability and updates
7.1 We do our best to make the app work properly and without interruption, but we cannot guarantee that it will always be available, error-free or secure against every attack. Maintenance, updates or disruptions at external services may make the app temporarily unusable.
7.2 We may modify the app, add features or remove them at any time. An update is sometimes required to continue using the app.
8. Terminating your account
8.1 You can delete your account at any time via Profile → Delete account and all data. Your data will then be erased as described in the Privacy Policy. Orders already paid for will still be delivered; invoices that we are required by law to retain will be retained.
8.2 We may suspend or close your account if you breach these terms, if your VAT number turns out to be invalid, in the event of suspected fraud or misuse, or if we discontinue the app. Except in cases of misuse, we will notify you in advance.
9. Liability
9.1 The app is provided “as is”. To the extent permitted by law, Buss and SMDS Solutions are not liable for indirect damage, such as loss of profit or loss of data, arising from the use or unavailability of the app.
9.2 Liability for orders is governed by the General Terms of Sale.
9.3 These limitations do not apply in the event of wilful misconduct, fraud or gross negligence, or where the law does not permit a limitation.
10. Apple and Google
10.1 These terms are concluded between you, Buss and SMDS Solutions, which offers the app in the App Store and on Google Play, and not with Apple Inc. or Google LLC. Buss and SMDS Solutions (and not Apple or Google) are responsible for the app and its content.
10.2 Apple and Google are under no obligation to provide maintenance or support for the app. For questions about the app, you can contact us (see section 12).
10.3 If the app fails to conform to any applicable warranty, you may notify Apple; Apple will then, where applicable, refund the purchase price of the app (the app is free of charge). To the extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are the responsibility of Buss and SMDS Solutions.
10.4 Buss and SMDS Solutions, and not Apple, are responsible for addressing any claims relating to the app, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection legislation and third-party claims of infringement of intellectual property rights.
10.5 You represent that you are not located in a country that is subject to a United States embargo or that has been designated by the US as a country supporting terrorism, and that you are not listed on any US list of prohibited or restricted parties.
10.6 Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.
10.7 You also use the app in accordance with the usage rules of the store from which you downloaded it. You further comply with any third-party terms that apply to your use of the app, for example those of your mobile or data plan.
11. Changes
We may amend these Terms of Use. The date at the top shows the version in force. In the event of significant changes, the app will ask you to accept the new version before you continue ordering.
12. Governing law and contact
12.1 These terms are governed by Belgian law. Disputes will first be discussed with a view to an amicable settlement; if that fails, the courts of the judicial district of Antwerp have jurisdiction.
12.2 Questions about orders or your account: info (at) bussoliveoil.com
Technical questions about the app: hello (at) smds.be