Netlog Credit System Terms of Service
The present Terms of Service apply to any use of Netlog's credit system. By using the credit system, you confirm that you have read, understood and accept these Terms of Service.
These Terms of Service are specific terms which apply in addition to the Terms & Conditions and Netlog's Code of Conduct, which apply to any use of the Netlog website at any time. These documents, together with any other applicable specific terms, form the Agreement between you and Netlog NV, located at E. Braunplein 18, 9000 Ghent, Belgium, VAT BE 0859635972 (hereinafter referred to as "Netlog").
Netlog reserves the right to modify these Terms of Service at any time. The modified version shall enter into force ninety (90) days after its publication on this website. If you do not accept these modifications, you have the right to cancel your use of the credit system at any time. Any use of the credit system after the entry into force of the modified version implies the acceptance of the new terms.
Terms of use
You accept that it is your own responsibility to check if the credit system, as provided by Netlog, may be used in your country. You also warrant that your use of the credit system will not infringe the laws or regulations applicable to you. Only registered Netlog members can use Netlog's credit system. Minors need the consent of a parent or legal guardian to use Netlog's credit system. Depending on the country where you live, Netlog can limit the possibilities to use Netlog's credit system.
Obtaining credits
Credits can be purchased via the Netlog website and paid for through various payment methods (SMS, telephone, online banking, credit card, etc.) offered on our website. In addition, credits can also be earned in the manner indicated on the website. The ways in which credits can be earned can be modified or abolished at any time. Netlog can determine at its own discretion how and during which term credits can be earned. The possibility to earn credits does not imply a right to free credits. Netlog can modify the price at which you can purchase credits at any time. The price for credits is the price indicated on this website at the time of purchase. You accept that the price of credits can vary depending on the payment method and the country. The maximum number of credits you can have at any time is one hundred thousand (100,000) credits.
Use of credits
Credits can never be exchanged for cash. Credits can only be used to purchase products or services offered by Netlog or third-party vendors expressly approved by Netlog. These third-party vendors are listed on the website. The payment of an amount exceeding the equivalent of one hundred thousand (100,000) credits is never possible. Payment will inevitably take place once you confirm this through the appropriate interface (provided that the balance of credits is sufficient).
You accept that credits do not yield any interest.
Netlog and third-party vendors can modify the prices of the products and services they're offering at any time, without prior notice. You acknowledge and agree that the supply of products and services included in Netlog's credit system can vary and that Netlog has no obligation whatsoever to keep a particular product or service in the system. Credits which have not been used within two years after they were obtained will expire, unless stipulated otherwise by mandatory legal provisions.
Suspension
In case of fraud, abuse or illegal use of the credit system or in case of a breach of one or more obligations under these Terms of Service, the Terms & Conditions and/or the Code of Conduct, Netlog has the right to temporarily restrict or deny access to your account or to the credit system, with immediate effect and without any right to compensation.
The restriction or denial of access will be cancelled within a reasonable period of time when Netlog finds you're fulfilling your obligations again, you have restored your faults and/or you have formally undertaken to fulfil your obligations in the future.
Termination
Your agreement with Netlog can immediately be terminated wholly or partially by Netlog:
- in case of fraud, abuse or illegal use of the credit system.
- in case of a breach of one or more obligations under these Terms of Service, the Terms & Conditions and/or the Code of Conduct.
Upon such termination you are not entitled to any compensation and all credits will expire. The termination can take place without the intervention of a court or other formalities, and does not affect the other rights conferred to Netlog by law or the Terms and Conditions.
Deleting your Netlog account
When you delete your Netlog account yourself, your agreement with Netlog is terminated. Such termination does not give you any right to compensation, which means that all credits expire.
Termination and discontinuation of the credit system
Netlog can discontinue the credit system at any time. In addition, Netlog can terminate your access to the credit system, subject to a prior thirty (30) day notice. Such termination or discontinuation do not give you any right to compensation. Netlog will notify you by e-mail, after which you have thirty (30) days to use your remaining credits, unless stipulated otherwise by an applicable law or regulation. Your remaining credits cannot be exchanged for cash. All credits which are not used within this period will expire. You have the right to cancel your use of the credit system at any time. Your remaining credits cannot be exchanged for cash.
Taxes
VAT, any current and future indirect taxes, charges, duties and levies imposed by a government as a result of or in application of the sale of credits, will always be payable by you and collectable on top of the price of the credits.
Account security
You acknowledge and accept sole responsibility for your account and credits. As has been noted in the Terms and Conditions you are fully responsible for barring third parties from accessing your account and password, so as to prevent third parties from spending your credits without your consent. If you become aware of any possible case of loss, theft, forgery and abuse of your account or credits, you need to notify us as soon as possible, so Netlog can attempt to take all reasonable efforts to prevent or limit further damage. In this case Netlog will not compensate for any damage or loss of credits.
Netlog seeks to offer a good service and will take all reasonable efforts to provide you with credits undisturbedly. However, Netlog does not guarantee that credits will always be available without interruption, if only because it is impossible to fully exclude the risk of technical failures.
Liability
Netlog uses several specialized companies for processing the purchase of credits through the various payment systems (SMS, telephone, online banking, credit card, etc.). Except in cases of intent, fraud or gross negligence, Netlog is in no case liable for errors and/or negligence relating to the processing of the purchase of your credits.
If Netlog becomes aware of a processing error, Netlog will try to correct this error. If you have received more credits than you were entitled to, Netlog will deduct these credits from your account. If you have received less credits than you were entitled to (or if more credits have been deducted than the price of what you purchased) , Netlog will add the difference to your account, provided that an actual error has occurred and you have informed Netlog by e-mail within thirty (30) days after the day on which the error occurred.
You accept that Netlog's credit system only concerns payments. As a result, Netlog has no control over – and assumes no liability whatsoever for – third-party products and services paid through Netlog's credit system. Netlog is not a party in the agreement between you and the third-party vendor under which you pay credits to the third-party vendor and does not warrant that the third-party vendor will fulfil the obligations under the agreement.
If Netlog for any reason should be liable under the terms of Netlog's credit system, its liability is limited to the countervalue of the number of credits in your account at the moment the damage occurs. The compensation can only consist of providing you with credits again.
Netlog's liability shall in no case give rise to compensation for indirect damage, consequential damage or loss (including, but not limited to, loss of time, emotional damage, loss of an opportunity, loss of data, loss of profits, etc.).
Nothing in these Terms of Service excludes Netlog's liability for intent, fraud or gross negligence by Netlog.
Enforceability
If any provision of the Agreement is determined to be wholly or partially invalid, void or unenforceable, such determination will not affect the other clauses or provisions of this Agreement. The invalid, void or unenforceable provision will be considered as separate from the present Agreement, which for the remainder will remain valid.
Force majeure
Netlog is not responsible for cases of force majeure, i.e. situations that make it very difficult (or result in high costs) for Netlog to fulfil its obligations under this Agreement. These include: natural disasters, riots, war and military operations, national or local emergencies, acts or omissions by the government, economic disputes of any nature, acts of employees, fire, telecommunication failures, bugs in third-party software, flooding, lightning, explosions, collapses, as well as any act or omission by a person or entity outside Netlog's reasonable control.
Applicable law and disputes
These Terms of Service are governed and construed in accordance with the laws of Belgium. Any dispute in connection with or arising from these Terms of Service shall be finally adjudicated by the competent courts of Brussels
Contact
Should you have further questions concerning these Terms of Service, you can always contact us.
