GENERAL TERMS AND CONDITIONS

TERMS OF USE

These Terms of Use were last updated on 14/06/2023.

The application "T-WOW"; hereinafter the "Application" was developed by TigerLily World of Wonders (hereinafter "TWOW"), with registered office at Grote Markt 57, 2500 Lier and company number (KBO number) BE 0765.352.269.

1.    DEFINITIONS

"Application" means the mobile application "T-WOW", developed by TWOW, which is available free of charge via the Google Playstore and Apple Store and can be downloaded there by the User on an Android or iOS device. The Application also includes the Content, software, programs, functionalities, databases, operating systems, documentation and all other components and services of which it consists, updates and possible new versions provided by TWOW for the Application.

"Content" means, inter alia, the structure of the Application, editorial content, drawings, illustrations, images, photographs, trademarks, logos, signs, trade names, audiovisual works, multimedia works, visual content, image and sound signals, as well as other content contained in the Application and/or other components that make up the Application.

"User" means a natural person (adult) or a minor who has obtained the prior consent of his parents or the person in charge of parental responsibility, and has downloaded the Application for personal use and without commercial purpose and direct or indirect profit.

2.    SCOPE

2.1. The Application "T-WOW" was developed by TWOW and its objective is to enable the Users to participate in the city game and discover the most beautiful places and facts about the city in a playful manner.

2.2. These Terms of Use of the Application describe the rules of use applicable to the Users' use of the Application.

2.3. By installing the Application on your device and/or by accessing the Application in the capacity of User, the User explicitly, unconditionally and without reservation accepts these Terms of Use.

2.4. TWOW reserves the right to modify these Terms of Use at any time and without prior notice and to adapt them to developments in the services linked to the Application and to developments in technology or legislation.

3.    APPLICATION

3.1. After downloading the Application, User can do a system check of the Application. However, the User will only be able to use the other functionalities of the Application and the Content (including playing the city game) once the User has entered his game code in the entry field provided for this purpose.

3.2. The software version of the Application may be updated from time to time to add new features and new services. Any maintenance and/or updates to ensure the proper functioning of the Application may be carried out without notifying the User in advance.

3.3. TWOW reserves the right to modify, add to, delete or update the Application and its Content from time to time without incurring any liability to do so.

3.4. If certain Content on the Application violates the law, the rights of third parties or is contrary to good morals, we request each User to notify us as soon as possible by email at info@twow.be so that we can take appropriate action.

3.5. The Application may contain links or hyperlinks to external websites. Such links do not automatically imply a relationship between TWOW and the external website or even an implied agreement with the content of these external websites. TWOW has no control over such external third-party websites. TWOW is therefore not responsible for the safe and correct operation of the hyperlinks and their final destination. Once the User clicks on the hyperlink, he/she will leave the Application. TWOW cannot be held liable for any damage resulting from consulting such external websites.

4.    USE OF THE APPLICATION AND CONTENT

4.1. The User has a personal, non-exclusive, non-transferable, worldwide, free of charge and perpetual right to use the Application but only to provide for his personal use. The license to the Content is paid and temporary only.

4.2. The use of the Content in the Application requires the purchase of a unique game code in TWOW's webshop. The game can be played on the day and location chosen by User, together with the number of Users previously chosen by him.

4.3. The use of the Content is limited in time. This term of use starts to run as soon as the purchased game code is activated, and expires after a predetermined and communicated game duration, which is sufficiently broadly fixed. After the expiry of the game term, access to the Content is automatically and irrevocably terminated, even if the User has not been able to complete the game.

4.4. Under no circumstances may the User:

• Adapt, modify, translate, transcribe, compile, decompile, assemble, deassemble, transcode, or reverse engineer any part or all of the Application or the Content;
• Create derivative works from the licensed Application;
• Use software or processes for the purpose of copying the content without the prior consent of TWOW;
• Export the Application, merge part or all of the Application with other computer programs;
• Reproduce part or all of the Application, temporarily or permanently, in any manner and in any form whatsoever;
• Extract or reuse, including for personal purposes, a more or less substantial part of the content of the databases and archives built up by the Application without the prior written consent of TWOW;
• Implement systems that may hack all or part of the Application and/or its content, or violate the mobile Application;
• Play the Application and the city game contained therein under the influence of alcohol, drugs that may affect your motor skills, narcotics or with medical problems in the broadest sense that prevent you from using the Application and playing the game responsibly;
• Sell, rent, license, pass on the Application and/or its content to third parties in any way.

4.5. The User expressly undertakes:

• To download the Application onto its equipment for personal use only and not for commercial purposes;
• Refrain from using software programs or installations that could interfere with the proper functioning of the Application;
• To immediately inform TWOW as soon as you become aware of any attempted hacking and, in particular, illegal or non-contractual use of the Application and/or Content;
• To comply at all times with the traffic rules and rules of the public domain when using the Application;
• To play the city game in a safe manner at all times, without hindering or endangering himself and other road users. It is the User's own responsibility to move safely through the public domain;
• To have appropriate and adequate insurance against injury.

5.    TECHNICAL LIMITATIONS

5.1. Technical problems, if any, can never be 100% prevented. However, TWOW will do its utmost to prevent these technical problems or solve them as soon as possible.

5.2. The User must ensure that his internet connection is adequate for the operation of the Application. TWOW is not responsible for poor operation of the Application in the absence of an internet connection or in the event of a poor internet connection. A number of services do not function with a poor internet connection.

5.3. The User must also ensure that the battery level of his device is sufficient. TWOW uses the objective criterion of a battery percentage of 60% for this purpose. If the device has a lower battery percentage, the User will not be able to start the game.

5.4. For the services of the Application to function properly, it is necessary to activate certain functions of the device/smartphone (camera, networks, etc.). If these functions are not activated or are missing on the User's smartphone, certain services will not work on the Application. Furthermore, proper operation requires that the Application is used during the day, as the Application also uses Augmented Reality (AR).

5.5. TWOW makes all reasonable efforts to publish the Application on the stores and to ensure the compatibility of the Application with the majority of smartphones available on the market. Given the large number of different models and various operating systems (whether updated or not), the possible surcharges of the providers, and the different software programs installed by the User, TWOW cannot guarantee that the Application is fully compatible with all smartphones, and is therefore not responsible for any malfunction.

6.    INTELLECTUAL PROPERTY

6.1. All intellectual property rights relating to the Application and the Content are the exclusive property of TWOW. Downloading the Application does not grant the User any rights to TWOW's intellectual property rights. All reproduction and execution rights are reserved.

7.    PROTECTION OF PERSONAL DATA

7.1. TWOW attaches importance to protecting the privacy and personal data of Users, and strives to communicate clearly and transparently in this regard.

7.2. TWOW is committed to complying with applicable legislation in this area, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR") and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.

7.3. The User's personal data will be processed in accordance with the Privacy Statement of the Application. The User can consult it together with the Terms of Use before the start of the game.

8.    LIABILITY AND INDEMNITY

8.1. Except for malicious intent or fraud, TWOW cannot be held liable:

• For any incorrect information provided in the Application;
• For actions (fault or negligence) that the User takes while playing the Application;
• For damages caused by the User to himself or third parties;
• Direct or indirect damage of any kind resulting from the use or inability to use the Application;
• Direct or indirect damage of any kind resulting from the Content and/or the use of or inability to use the internet sites connected to the Application, or to which Users would have access through the Application;
• Damage of any kind caused to the Users, to their devices, computer systems and telephone equipment and to the data stored thereon, as well as for the possible consequences thereof on their personal, professional or commercial activities;
• In the event that the User fails to access or use the Application for any reason whatsoever, in particular when carrying out maintenance, updates or technical improvements;
• When the connection has to be disconnected for any reason.

8.2. The User waives any legal claims against TWOW, both with regard to damages suffered by himself and damages caused to third parties. Should TWOW be sued in court by third parties, the User undertakes to indemnify TWOW jointly and severally.

9.    FORCE MAJEURE

9.1.  If the Application cannot be played at the chosen time and city due to force majeure, TWOW cannot be held liable for this.

Force majeure means: delays, mechanical or digital failure, network problems at the mobile operator, unforeseen problems at the cloud provider, unforeseen and urgent maintenance of the cloud infrastructure, government measures, roadworks, road closures, events in the city, third-party defaults, weather conditions, natural influences or natural disasters, illness, terrorist threats. This list is not exhaustive.

10.  APPLICABLE LAW AND COMPETENT JURISDICTION

10.1.        These Terms of Use are governed by Belgian law.

10.2.        In case of a dispute and in the absence of an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district of Antwerp.

11.  OTHER PROVISIONS

11.1.        The illegality or full or partial invalidity of any provision of these Terms of Use shall not affect the validity and application of the other provisions. In such a case, TWOW is entitled to replace the provision by another valid provision serving the same purpose.

12.  Contact

Address: Grote Markt 57, 2500 Lier - Belgium

Telephone: 03 318 60 55

E-mail: info@twow.be

TERMS OF SALE

These Terms of Sale were last updated on 14/06/2023.

1 Definitions

i. ‘Terms of Sale’: these Terms of Sale which apply to the relationship between You and Us when purchasing Products;

ii. ‘Agreement’: Any agreement under which We undertake to provide the Products to You subject to compliance with the Terms of Sale;

iii. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person acting for purposes that fall outside his trade, business, craft or profession;

iv. ‘Professional Customer’: any natural or legal person who enters into an Agreement with Us and who is acting for purposes relating to his trade, business or profession;

v. ‘Product’: unique game codes offered for sale on Our Website. These game codes can only be used once at the pre-selected location, have a maximum game duration and are valid for a period of 365 days from purchase;

vi. ‘We/Us/Our’: the company as mentioned in article two of these Terms of Sale.

vii. ‘You/Your’: Any natural person or legal entity that is or will be in a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers;

viii. ‘Party/Parties’: You and/or We;

ix. ‘Website’: www.twow.be

2 Our identification

Who We are:

TigerLily World of Wonders BV

Grote Markt 57, 2500 Lier

0765.352.269

Contact:

Phone number: 03 318 60 55

Email address: info@twow.be

3 Application

3.1. These Terms of Sale apply to all purchases of Our Products. When placing an order, You must expressly accept these Terms of Sale and agree to their application. These Terms of Sale do not affect the legal rights that are compulsorily granted to You by virtue of the Belgian legislation on consumer protection.

3.2. We reserve the right to amend these Terms of Sale from time to time. However, the version of these Terms of Sale that was applicable at the time the order was placed shall continue to apply between You and Us as far as the Agreement is concerned.

4 Offer and acceptance

4.1. We shall make all reasonable efforts to make the information on the characteristics of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may, upon delivery, differ from the photographs and descriptions displayed on the Website. However, this cannot be a ground for invoking the non-conformity of the delivery.

4.2. We shall not be liable for the unavailability, temporary or otherwise, of any Product on Our Website and/or for any damage that would result from the unavailability of a particular Product. We may apply specific conditions to a particular offer, such as a limited period of validity. Such specific conditions shall only apply if explicitly communicated prior to the order.

4.3. We shall not be bound by any offer if such offer is manifestly vitiated by a mistake or error. Obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the Agreement. We cannot be held liable for any (printing) errors in Our prices or conditions.

4.4. Your acceptance of Our offer is made by placing the order on Our Website. This purchase is binding. We will automatically send a confirmation of the order to the email address You have provided.

4.5. It is Your responsibility to ensure that the information You provide to Us is correct. If it does contain any errors, We ask you to inform Us as soon as possible or, if possible, to correct the errors yourself.

4.6. We reserve the right to refuse an order due to a serious shortcoming on Your part.

4.7. The Agreement is only concluded once We send You a confirmation of Your order to the email address You have provided. This confirmation will contain the information about the Products ordered by You.

5 Our prices

5.1. The prices of Our Products are listed on the Website and are pinned at the time of the order. The indication of the price shall relate exclusively to the Products as described verbatim. All prices stated are in EURO and are inclusive of VAT and any other taxes or duties to be borne by You. Any other costs charged will be stated separately.

5.2. We have the right to change the prices at any time, but We undertake to apply the prices indicated on the Website at the time of Your order. However, if the price change is due to changes in VAT rates, it will be charged to You.

6 Payment

6.1. In principle, every payment will be processed immediately and in full, from the moment You place the order. For the payment of Our Products We accept Bancontact, Mastercard, VISA and iDEAL.

6.2. We may broaden the payment options in the future. We will take all reasonable measures to ensure the security of Your online transactions. We guarantee this security by involving specialised parties such as authorised credit card issuers and payment partners.

6.3. For payment processing, We use the external payment platform of Stripe. Appropriate security measures are provided. These payments are subject to the Terms of Sale of Stripe, which bears sole responsibility with regard to the correct execution of online payments.

7 Delivery

7.1. We process every order as soon as possible. We make all reasonable efforts to dispatch Your order immediately, if this would not be possible, to deliver at the latest within 5 working days.

7.2. It is Your responsibility to enable delivery to the email address provided.

7.3. If We are unable to deliver the Products at the agreed time or within 5 working days, You shall request delivery within an additional period which is appropriate to the circumstances. If We fail to deliver within the additional period You will be entitled to terminate the Agreement. In such a case of termination We will refund all amounts paid as soon as possible and at the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery period does not give rise to any other compensation.

7.4. Until the moment of full payment, the delivered Products remain Our exclusive property. However, the risk of loss or damage is transferred to You as soon as You (or a third party designated by You) have taken physical possession of the Products. Please note, however, that although You will retain ownership of the Product after full payment, You will not retain Our intellectual property rights (as referred to in Clause 13 (Intellectual Property)). Such intellectual property rights will remain vested in Us or Our licensors at all times.

8 Right of withdrawal

8.1. On the basis of the right of withdrawal, if You are a Consumer, You may still withdraw from the purchase within fourteen (14) days from the day following the delivery of the Product. You are not obliged to pay any compensation or provide a reason. Of course We would like to hear Your feedback so that We can improve Our service.

8.2. If You wish to exercise the right of withdrawal, You shall inform Us before the expiry of the withdrawal period. For this purpose You may use the withdrawal form which You will find here or You may send Us an unequivocal statement that You wish to withdraw from the Agreement. This notification must be made within fourteen (14) calendar days from the day after the day of (physical) receipt of the Products and can be sent to info@twow.be.

8.3. As soon as You have notified Us of Your right of withdrawal, We will technically ensure that the Product can no longer be used.

8.4. If You invoke Your right of withdrawal in accordance with these Terms of Sale and the legal provisions, We will refund You the amount actually paid within fourteen (14) calendar days from the day We are informed of Your decision.

8.5. We will refund You by the same means of payment with which You made the original transaction, unless You have expressly agreed otherwise. In any case, no charge will be made for the refund.

8.6. You have no right of withdrawal in the following cases:

 The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3°);

 The supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (Art. VI.53, 13° WER).

9 Warranty

9.1. As a Consumer You have a statutory warranty of two years. You may exercise this right if the Product purchased does not correspond to the goods requested. However, You may not invoke the statutory warranty in the event of changes to the delivery date or place or in the event of defects of which You were aware at the time of the sale.

9.2. The statutory warranty may be invoked if the non-conformity of the delivered Product is established within 2 years from the delivery of the Product. The statutory warranty starts from the delivery of the Product to You.

9.3. If You wish to make use of Your warranty, You must inform Us as soon as possible, and at the latest within two months after discovery of the defect. This can be done via info@twow.be. Please provide Us with all the necessary information in this respect (photographs may be used if necessary).

9.4. This statutory warranty covers the repair or replacement of the defective Product. However, if it should appear that the repair or replacement is impossible, disproportionate or would cause serious inconvenience to Us or to You, We undertake to grant You an appropriate price reduction or, in the event of serious non-conformity, to terminate the Agreement and refund the full price, subject to Your return of the Product.

9.5. The statutory warranty as well as the warranty for hidden defects does not apply to:

 damage caused by installation and use in a manner not in accordance with the instructions and information provided.

10 Customer service

10.1. We strive to keep Our customers satisfied. Our customer service is therefore available to You at the telephone number 03 318 60 55, by email at info@twow.be or by post at the following address Grote Markt 57, 2500 Lier – Belgium. Any questions, complaints or remarks about Products, the ordering process or the use of the webshop can be directed to this address.

11 Liability

11.1. To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, We shall only be liable for damage caused by Our failure to comply with Our obligations if and to the extent such damage is caused by Our willful and serious fault. We are not liable for any other faults.

11.2. Nothing in these Terms of Sale is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms of Sale is intended to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees); or for fraud or fraudulent misrepresentation.

11.3. Should We nevertheless be held liable, the amount of compensation shall be limited to the total amount paid by You for the Products purchased.

12 Protection of personal data

12.1. The information provided by You is necessary for the processing, handling and completion of Your orders, and the preparation of the accounts. If this information is missing, Your order cannot be carried out. Submitting incorrect or false personal data is considered as a breach of the present Terms of Sale. Your personal data will only be processed in accordance with Our privacy statement.

13 Intellectual property

13.1. We guarantee to have the necessary rights to offer Our Products. All intellectual property rights and derived rights to these Products shall remain with Us and/or the party actually entitled. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.

13.2. The content of the Website is Our property. This includes texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written permission from Us.

14 Force majeure

14.1. We shall not be responsible for compliance with Our obligations under these Terms of Sale in the event of force majeure. Force majeure shall be understood to mean a situation in which the performance of Our obligations is wholly or partially, temporarily or otherwise, prevented by circumstances beyond Our control.

14.2. In the event of force majeure, these obligations shall be suspended and We shall make all reasonable efforts to limit the consequences of the force majeure situation. In case the Force Majeure lasts longer than one (1) month, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the reimbursement of the Products paid by You and not provided).

15 General

15.1. If any provision of these Terms of Sale (or part thereof) is declared void, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms of Sale. In the event of nullity, invalidity or unenforceability, the Parties will, to the extent possible, negotiate to replace the invalid, void or unenforceable provision (or part thereof) with an equivalent provision that is in the spirit of these Terms of Sale.

15.2. Our failure to demand the strict application of one of the provisions of these Terms of Sale cannot be considered as a tacit waiver of Our rights and does not prevent Us from demanding strict compliance with these provisions at a later date.

15.3. These Terms of Sale, including any references included in the Terms of Sale, fully reflect the rights and obligations of the Parties and replace all previous agreements and proposals, both oral and written, including any conditions and terms of the Parties.

15.4. The Terms of Sale apply at all times and exclusively to all present and future Agreements between You and Us, except in the case of an explicit derogation. An explicit derogation is only valid to the extent that it is the result of mutual agreement between You and Us which is explicitly recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms of Sale shall remain in full force and effect.

16 Applicable law and competent court

16.1. To the extent permitted by law, all Agreements to which these Terms of Sale apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

16.2. You may also bring a dispute about these Terms of Sale before an independent body. For further information, please visit: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

16.3. Any dispute concerning the interpretation or application of these Terms of Sale shall be subject to the exclusive jurisdiction of the courts in which Our registered office is situated, unless another court is mandatorily stipulated by law.