BEYÖND Digital Terms of Use and End User License Agreement
(Last Updated: March 3, 2023)

THIS IS AN IMPORTANT AND LEGALLY BINDING DOCUMENT. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY.

The Terms of Use set forth herein (the “Terms”) govern your access to and use of various websites, game(s), mobile application(s), and other Beyönd Platform (together, the “Beyönd Platform”) owned, operated, licensed or controlled by Beyönd BV., its subsidiaries, affiliates or joint ventures (“we,” “us,” “our,” or the “Company”).

If you do not agree to the Terms, then you do not have our permission to use the Beyönd Platform.
We reserve the right, at our discretion, to add, modify, or delete any part of these Terms at any time. Please check these Terms periodically for changes. If you have provided us with your email address, we will notify you of any changes that are materially adverse to you by email. We may also notify you of non-material changes in our sole discretion. If you do not accept the updated Terms, you must contact us within 30 day of the notice of the change to close your account. Your keeping your account open or other continued use of the Beyönd Platform constitutes your acceptance of the update. In addition, we may in our sole discretion require you to accept the updated Terms expressly in order to continue to use the Beyönd Platform.

1. General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Beyönd Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

The general sales conditions of BEYÖND are available on the website and can be consulted freely by simply asking the greeting staff of BEYÖND BV.

2. User Accounts and Registration
In order to use most aspects of the Beyönd Platform, you must register for and maintain an active personal user account (“Account”). You must be at least thirteen (13) years of age to obtain an Account. If you are between the ages of 13 and 18, you represent and warrant that you possess the legal consent of your parent or guardian to access and use the Beyönd Platform.
Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and date of birth, among others. You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Beyönd Platform.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account. You may not assign or otherwise transfer your Account to any other person or entity.

3. Changes to the Beyönd Platform
We reserve the right to withdraw or amend the Beyönd Platform and any material we provide on the Beyönd Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Beyönd Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Beyönd Platform, to users, including registered users.

4. Grant to You of a Limited License
The Beyönd Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company.
Unless otherwise expressly noted, nothing that you read or see on any Company Beyönd Platform may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of Beyönd BV.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Beyönd Platform, except as follows:
Your computer hardware or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Beyönd Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
This grant of permission is not a transfer of title, and under this permission you may not:
Modify copies of any materials from the Beyönd Platform;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
Use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or “mirror” the materials on any other server.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Beyönd Platform in breach of the Terms of Use, your right to use the Beyönd Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Beyönd Platform or any content on the Beyönd Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Beyönd Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
We make no warranties or representations to you that your use of any materials displayed on a Company Beyönd Platform will not infringe the rights of third parties.

5. Open Source Software
The Beyönd Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Beyönd Platform are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

6. Term, Termination of this Agreement
a. a. Term: These Terms are effective beginning when you accept the Terms or download, install, access or use the Beyönd Platform, and ending when terminated as set for in Section 11.b.
b. Termination: If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your account on the Beyönd Platform, or suspend or terminate your access to the Beyönd Platform at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service call center. If you terminate these Terms, the Company reserves the right to terminate your account.
c. Effect of Termination: Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Beyönd Platform; and (ii) you will no longer have access to your account.

7. Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Beyönd Platform (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Beyönd Platform and create other products and services.

8. Copyrights
Unless otherwise expressly noted, all materials, including images, illustrations, designs, icons, and photographs appearing anywhere on the Beyönd Platform are protected by worldwide copyright laws.
None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed in any form or by any means other than as described in the Linking Policy section or with the Company’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Beyönd Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

9. Trademarks
The Company’s name(s), the Company’s logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Beyönd Platform are the trademarks of their respective owners.
No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on the Beyönd Platform.
Any use of the Company’s Trademark or linking the Beyönd Platform must follow the terms set out in the Linking Policy section. If you are unsure whether a trademark, service mark, logo or graphic is the property of the Company, or if you have any questions about the use of the Company’s Trademarks, please contact us. The Company aggressively enforces its intellectual property rights and will actively seek the recovery of any fees, costs and damages it may incur preventing the misuse or misappropriation of its intellectual property.

10. Linking Policy Generally
You may link to any part of the Beyönd Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. If the Beyönd Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Beyönd Platform linked to this Beyönd Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Beyönd Platform.

11. Other Prohibited Uses
You may use the Beyönd Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Beyönd Platform:
In any way that violates any applicable national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Belgium, the EU or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Beyönd Platform, or which, as determined by us, may harm the Company or users of the Beyönd Platform or expose them to liability.
Additionally, you agree not to:
Use the Beyönd Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Beyönd Platform, including their ability to engage in real time activities through the Beyönd Platform.
Use any robot, spider or other automatic device, process or means to access the Beyönd Platform for any purpose, including monitoring or copying any of the material on the Beyönd Platform.
Use any manual process to monitor or copy any of the material on the Beyönd Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Beyönd Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Beyönd Platform, the server on which the Beyönd Platform are stored, or any server, computer or database connected to the Beyönd Platform.
Attack the Beyönd Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Beyönd Platform.

12. Reliance on Information Posted
The information presented on or through the Beyönd Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Beyönd Platform, or by anyone who may be informed of any of its contents.
We may update the content on this Beyönd Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Beyönd Platform may be out of date at any given time, and we are under no obligation to update such material.

13. Purchases
All purchases through the Beyönd Platform or other transactions for the sale of goods, or services or information formed through the Beyönd Platform or as a result of visits made by you may be governed by separate terms of sale and terms of use. Separate terms may be provided through the Beyönd Platform, onboard our vessels, or via a separate channel (i.e., a port agent, prior to boarding).
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
When you provide payment information in connection with a purchase on the Beyönd Platform, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
We may revise the pricing for products and services we offer. When you place your order, we may estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method may differ from the estimate provided.

14. Disclaimers; No Warranties
The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Beyönd Platform. We assume no liability or responsibility for any errors or omissions in the content of any Company Beyönd Platform. The Company is not responsible for pricing, typographical, or other errors and reserves the right to cancel without liability any bookings made at erroneous rates.
While the Company may make changes to the information in Beyönd Platform or to any Company service or product at any time without notice, the Company makes no commitment to update the information on the Beyönd Platform..
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BEYÖND PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY COMPANY BEYÖND PLATFORM OR THE SERVER(S) THAT MAKES THE BEYÖND PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

15. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO €100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Indemnification
You are responsible for your use of the Beyönd Platform, and, to the fullest extent permitted by law, you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Beyönd Platform not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.