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Terms and conditions

These Terms and conditions (collectively referred to as “Terms and Conditions”,  “Terms” or “T&C”),  constitute the contract between you and VZW We Promised ("Subbacultcha Belgium", “Subbacultcha”, "we", “us” or “our”). The purpose of these terms and conditions is to set out the rules of Subbacultcha towards its customers of any services, of whatsoever nature undertaken by Subbacultcha.

Our terms and conditions consist of:

  • The terms of use that govern the usage of our Platforms and other Services as well as behavioural guidelines
  • The terms of sales that govern the sales of our paid subscriptions and membership accounts
  • Our privacy policy which governs how we use and protect your personal data. We encourage you to read it to better understand how you can update, manage, and delete your information.

This update is effective 26 September 2021.

 


A - General

1. Service provider
Subbacultcha Belgium services (worldwide) are provided by, and you’re contracting with:

VZW We Promised, Spinmolenplein 264, 9000 Gent, Belgium
Our office is located at Dendermondsesteenweg 80A, 9000 Gent, Belgium
info@subbacultcha.be
+32 479 83 02 18

Company registration: BE 0518.883.880
 

2. Definitions

  2.1. “Member” is a user with an active Subbacultcha subscription status
  2.2. “Former member” is a user with an inactive subscription to Subbacultcha
  2.3. “User” is a person visiting or using any Subbacultcha platform or service
  2.4. “Website” includes subbacultcha.be and all associated (sub-)domains
  2.5. “Auto-renewal” is the automatic renewal of a subscription. This includes the automatic deduction of the subscription fee.
  2.6. “Activation-payment” is the payment a member has made to create their Subbacultcha account when a discount code is applied.
  2.7. “Services”, of whatsoever nature undertaken by Subbacultcha at the time being. (websites, platforms, events,... )
  2.8. “Platform(s)” are websites, apps, messages, emails/e-letters or events where Subbacultcha is represented such as social media, pop-up shops etc.


3. Disclaimer of Warranties
All Service(s) is provided on an "as is," "as available" basis. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected... No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made therein.
 

4. Additional terms and conditions
In addition to these Terms, certain offers, services or features may also be subject to additional terms, conditions, guidelines or rules which may be posted or communicated by Subbacultcha or applicable partners at any time and which shall take precedence over these Terms. Especially while running promotions or campaigns, additional terms may apply and can be found here or on the campaign’s platform for your reference.
 

5. General provisions
Subbacultcha may amend the Terms when necessary. Amendments will be effective upon posting the updated Terms. Your continued access to our services and/or use of the site after such posting constitutes your consent to be bound by the Terms, as amended.

The English text of these general terms and conditions will prevail over any translation thereof.

The Terms are divisible. Any nullity or subjection to the annulment of a clause will not cause the annulment of the general terms and conditions as a whole and Subbacultcha and the Member undertake to further perform their obligations in good faith in a way that lawfully approximates the content of the clause that is null and void or that is subjected to annulment as closely as possible.

The fact that a right or remedy provided for in the general terms and conditions is not used, does not entail any tacit waiver of such right or possibility.

The general terms and conditions are governed by Belgian law.

 

 

B - Terms of Use 

6. Acceptance of Terms of Use
By attending and/or using the websites, platforms and/or events, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms as well as the privacy policy, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Subbacultcha services.
 

7. Cookie settings of Platforms
Our Platforms use cookies. These can be cookies of our own (first-party cookies) or cookies from third parties whose services may be used on this Website (third-party cookies).

You can change your cookie preferences at any given moment at our privacy policy (3. Which cookies does VZW WE PROMISED use?). You can revoke your permission for the placement of these cookies, at any time and even if you had already accepted these cookies.
 

8. Content on Platforms

  8.1. Up-to-date
We try to ensure that all content is accurate on the day of publication. Content does not get updated on a regular basis and might be inaccurate after the publication date.

  8.2. External links and embedded content
Our platforms sometimes contain links to other websites, or embedded content, that are not under our control. Our terms and conditions apply only to our platforms, not on these other websites. Once you have left our platforms, we cannot be held responsible for the content and/or protection and privacy you provide to those websites. You should be careful and look at the terms applicable to the relevant website.

We try to ensure that the embedded content or used links are correct on the day of publication. We are not responsible for changes to the embedded content after publication.

  8.3. All rights reserved
All material appearing on the Subbacultcha platforms (“content”) is protected by copyright under European Copyright laws and is the property of Subbacultcha or the party credited as the provider of the content. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database. You may not alter or remove any copyright or other notice from copies of the content on Subbacultcha platforms. Copying or storing any content except as provided above is expressly prohibited without prior written permission of Subbacultcha or the copyright holder identified in the individual content’s copyright notice. For permission to use the content, please contact info@subbacultcha.be.
 

9. Permission to use your content in our Services
Some of our services are designed to let you upload, submit, send, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure that you have the necessary rights to do so and that the content is lawful.

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content that you make, such as reviews that you write or artworks you’ve made. Or you may have the right to share someone else’s creative content if they’ve given you their permission.

Unless otherwise agreed upon, you provide Subbacultcha with a Licence to use the content you shared, if such content is protected by intellectual property rights. Unless otherwise agreed upon, this licence is worldwide, non-exclusive, and royalty-free.

Unless otherwise agreed upon, this licence allows Subbacultcha to:

  9.1. host, reproduce, distribute, communicate and use your content
  9.2. publish, print, publicly perform or publicly display your content
  9.3. sell or monetise your content as stated during submission
  9.4. modify your content, such as reformatting or translating it
  9.5. sublicense these rights to our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below

Unless otherwise agreed upon, this licence lasts for as long as your content is protected by intellectual property rights. If you remove from our services or send us a request to do so, any content that’s covered by this licence, we will stop making that content publicly available in a reasonable amount of time. There is one exception if your content has already been shared with others on our platforms.
 

10. Behavioural guidelines
Subbacultcha is committed to fostering, cultivating and preserving a culture of diversity, equity and inclusion. Aggression, racism, sexism, etc during events and on our platforms are not tolerated and will be acted upon. We reserve the right to deny such person access to our services. We’re striving for a safe space for all. Do you feel sick before an event? Stay home to protect yourself and others.

 

 

C - Terms of Sale

11. Acceptance of Terms of Sale
By clicking “I accept the terms & conditions” during registration, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Subbacultcha services.
 

12. Provided Services
Upon ordering a Subscription and having a Member account, Members get access to a range of services, such as access to events, magazines and discount codes as described and subject to the conditions below.
 

13. Subscription types
Subbacultcha offers 4 subscription types. Subscription types can be chosen during signup (except for volunteer subscriptions). Members can up-or downgrade at any time during their subscription. Options may vary if a payment is being processed (for example cancellation is not possible), or if a discount code is applied (to get one month for free for example). All features included in the specific subscription can be found on subbacultcha.be/membership.

  13.1. Digital subscription
Our digital subscription will cost you €8 per month. New members must pay €24 (3 times €8) upon subscription covering the first 3 mandatory months of the subscription. This subscription auto-renews for €8 per month, until cancelled. Auto-renewal starts on the 4th month of the subscription for new members.

  13.2. Standard subscription
Our standard subscription will cost you €9 per month. New members must pay €27 (3 times €9) upon subscription covering the first 3 mandatory months of the subscription. This subscription auto-renews for €9 per month, until cancelled. Auto-renewal starts on the 4th month of the subscription for new members.

  13.3. Devoted subscription
Our devoted subscription will cost you €99 per contract year. This subscription auto-renews for €99 per contract year, until cancelled.

  13.4. Volunteer subscription
Users are granted a Volunteer subscription by one of the Subbacultcha team members. A volunteer subscription grants free access to all our services without an active payment method.
 

14. Member accounts
All member accounts are set up via the Subbacultcha website. After selecting the right subscription type, you can easily create your account by entering your email address and password and by agreeing to our terms of sale. After registering you will be sent to our payment gateway to finalise your payment. After successful payment, you must confirm your email address after registering. A confirmation email will be sent automatically after a successful registration. Confirmation is needed to enable the auto-renew functionalities of the subscription. If the account is not confirmed, the subscription will end on the end date listed in the subscription overview in the account settings.

  14.1. You’re expected to check the status of your payment and subscription yourself.
  14.2. Your account requires your full name, a recognisable photo, your e-mail address and your postal address.
  14.3. Only new digital and standard subscriptions require a minimum duration of 3 months. See clause ‘Subscriptions - Types’ for more information. Former members who reactivate their subscriptions can skip the minimum duration period.
  14.4. You ensure that all account information is accurate and true.
  14.5. You are responsible for your account information, including your password.
  14.6. You are responsible for opening your emails sent to the email address used for registration. We are not responsible for unread or undelivered messages. We do our best to reach you well, but we are unable to if you unsubscribe from our communication or if we end up in spam.
  14.7. We encourage you to use the latest browser or OS firmware. This way we can guarantee you a safe interaction with our platforms.
  14.8. You can access and edit your account information via https://subbacultcha.be/account-settings
  14.9. Member accounts are personal and can not be transferred between or used by multiple people. The account is not meant to be used by anyone other than the member who registered the membership.
 

15. Subscription statuses
All subscription statuses are displayed in the subscription overview in the account settings. The status may vary depending on different factors.

  15.1. Active subscription
An active subscription is a valid subscription. An active subscription gives access to our services depending on the subscription type. A subscription is active immediately after the successful completion of the registration flow. Or after any successful auto-renewal payment.

  15.2. Inactive subscription
An inactive subscription is an invalid subscription. Access to our services has been reduced for former members. Inactive subscriptions can be caused by a failed payment, suspended subscription or any other reason shown in the subscription overview.

  15.3. Pending subscription
A pending subscription is a valid subscription. This is the period it takes us to handle and validate the subscription auto-renewal payment. Cancellation is not possible during this period. The period duration may vary depending on your bank account and payment method.
 

16. Managing your subscription
A member has the option to manage the membership themselves. Options may be reduced when a renewal payment is being processed.

  16.1. Subscription auto-renewal
Subscriptions will auto-renew until cancelled. The auto-renew date is displayed in the subscription overview in the account settings. Renewal payment will be sent to your bank account on the auto-renewal date.

  16.2. Up- or downgrade
A  member can up-or downgrade their subscription type in their subscription overview in the account settings. This is only possible when all payments have been processed. The new selected subscription will start after the end date of the current subscription. Renewal payments will be up or downgraded on the end date of the current subscription.
Former members are able to up-or downgrade their subscription before reactivating their subscription.

  16.3. Cancellation
A  member can cancel their subscription in their subscription overview in the account settings. This is only possible when all payments have been processed. If you cancel, previous charges will not be refunded, but you may continue to use the service until the end of the term you paid for. Note that even if you do not use the subscription or access the events, you will be responsible for subscription fees until you cancel your subscription.
 

17. Subscription issues
You can submit a support ticket when you’re expecting an issue with your subscription. You can easily submit those tickets via the support widget at the bottom of our website, or via help.subbacultcha.be. We handle each ticket separately in a reasonable amount of time.
 

18. Discount codes for subscriptions
A discount code can be used upon registration for new subscriptions only by a user. Discount codes can’t be applied to existing subscriptions by a user. A support agent can add a discount code to an existing subscription instead. Discount codes are sent via email as a digital gift voucher or via regular mail as a printed gift voucher.

  18.1. We do require an activation payment of approximately 0.01 Euro to create a mandate for the auto-renewal of the new subscription when a discount code is applied. This only applies to discount codes for a discounted subscription (eg 3 months of a standard subscription).
  18.2. If a discount code is applied that grants access to an extra free month(s), no additional activation fees will be applied. The free month(s) will be added to the end date of your selected subscription after successful registration and payment.
  18.3. Discount codes are valid until the end date displayed on the gift voucher or email.
  18.4. Gift vouchers are non-refundable and cannot be exchanged for cash in part or full and are valid for a single transaction only
  18.5. Discount codes are only valid for the Subbacultcha subscription stated on the (digital) gift voucher.
  18.6. Users can only use one discount code per new subscription.
  18.7. We are not responsible if a Gift Voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances
 

19. Payments

  19.1. Payment methods
We currently offer Bancontact, Visa, MasterCard, credit card and iDeal as payment methods for our subscriptions.

  19.2. Mandates
After a successful activation payment, a mandate will be set up. We used these mandates to initiate the auto-renewal process with your bank account. After cancellation or account termination, the mandates will be broken.

  19.3. Currency and Pricing
All prices displayed are in Euro (€) and tax included unless otherwise stated. Currency conversions are handled by our payment provider Mollie.

  19.4. Recurring payments
Recurring payments occur until cancelled. The payment date is displayed in the subscription overview in the account settings. Also, see ‘Subscriptions - Auto renewal’. The description or bank account of these renewal payments will say ‘Subbacultcha Belgium’ or ‘Mollie Stichting’, depending on the payment method.

  19.5. Payment status
The payment status of a user’s account can be viewed in the subscription overview in the account settings. This status will determine if a subscription is valid or not. The status is gathered from our payment provider Mollie. It can take up to 10 business days to retrieve the data depending on the user’s bank.

    19.5.1. Active
When the payment status is set to active, the renewal or activation payment went through successfully.
    19.5.2. Inactive
When the payment status is set to inactive, the renewal or activation payment has failed. A green ‘reactivate membership’ button will appear in the account settings to initiate a new payment. During registration, the user can click on ‘complete payment’ to initiate a new payment. When a payment fails, the subscription is set to inactive immediately. Members will be notified once when this happens.

    19.5.3. Pending
Payment is pending when we are retrieving the status of your payment. This can take up to 10 business days for some banks.

  19.6. Refunds
For payments made for past periods, refunds will not be issued. Payments are non-refundable after the service has started.
 

20. Access to events
Subbacultcha members get free, or discounted access, to our promoted events by arriving on time and showing their digital event ID and some other form of identification at the entrance or box office. A valid Subbacultcha event ID includes the member’s full name, a recognisable photo of the member, current status of the member’s subscription, date and time of when the event ID was issued, the name of the event for which the event ID is intended, an event-related visual, the venue of the event, the date and starting time of the event, the Subbacultcha Belgium animated logo.

Members can issue a digital event ID via the mobile version of subbacultcha.be on a smartphone. Event IDs are available when the event is ongoing and are only accessible with an active subscription. Issuing an event ID requires an internet connection.

Confirmation emails, a screenshot or other communication sent by Subbacultcha Belgium do not grant access and are invalid as an event ID.

It does not put members first in line, nor does it guarantee them entrance when an event is sold out or when a venue is full. Admission to the venue is solely determined by the organiser and Subbacultcha is not responsible if a member is not admitted.

  20.1. Additional reservations
Some events require additional reservations or registrations. Members should check the event on the Subbacultcha website before their visit. It can take up to 3 business days to process an additional reservation. Making a reservation doesn’t guarantee access (free or discounted) to the event or service.

Additional reservation is needed to guarantee access when capacity is limited. Or to guarantee social distancing to guarantee our members safety and health.

Members can’t make reservations for a show unless it’s specifically mentioned.

    20.1.1. If additional reservation or registration is required, it will be displayed on the event’s page on the Subbacultcha website. A button will be displayed on the page which will bring the user to a separate (sometimes external) registration form.
    20.1.2. Subbacultcha is not liable if registration information is incorrect or if faulty submitted.
    20.1.3. All data will be processed according to our privacy policy.
    20.1.4. Users who register with an inactive subscription might be contacted via email, added to our marketing flow or completely ignored.

  20.2. Sold out or cancelled events
When a show is sold out, the policy is first-come, first-serve. Once the venue is full, Subbacultcha members will not get in. Subbacultcha is not responsible for the cancellation of events by partners, venues or artists. If a cancelled event or artist is rescheduled or rebooked, Subbacultcha cannot guarantee that the new event will also be part of the free for members agenda.

  20.3. Subbacultcha The Netherlands
Unless otherwise stated, Subbacultcha Belgium members don’t get free or discounted access to events or services promoted by Subbacultcha The Netherlands.

  20.4. Photographs, snapshots, recordings and video
Most of our events or platforms will have a professional photographer, videographer (or recorder) to capture the event from start to finish. Subbacultcha has the right to use this footage on all platforms. If you don’t want to be used on our platforms, give the photographer or one of the team members a heads up before entering the venue.
 

21. Partnerships and collaborations
  21.1.
When visiting a venue or using an external service, other terms and conditions may apply. Please inform yourself beforehand. Terms and age restrictions of partner organisations, services and venues apply.
  21.2. Partners and venues are not bound by a permanent contract to Subbacultcha Belgium, partnerships are subject to change at any time.

  21.3. Member extras
We offer our members some extras next to the fixed subscription features. These extras are displayed in the members’ Subbacultcha account. These additional features are updated regularly.
    21.3.1. All extras are subject to change without prior notice.
    21.3.2. Subbacultcha is not liable if a discount code is not accepted.
    21.3.3. Extras are personal and cannot be exchanged
    21.3.4. Extras are non-refundable and cannot be exchanged for cash in part or full
 

22. Magazine
Our A6 sized magazine is included in the standard and devoted subscriptions.
  22.1. Shipping
Magazines will be shipped approximately one week before the official publication date via local postal services. We will use the address provided in your account settings on the date of shipping
    22.1.1. Shipping fees for the magazine is free in Belgium. Charges apply if the address is incorrect (Retour). Members will be notified when a magazine is returned because of an incorrect address
    22.1.2. Shipping fees for the magazine is not free for other countries. Charges apply if the address is incorrect (Retour). Members will be notified when a magazine is returned because of an incorrect address.

  22.2. Publication dates
The magazine will be published every two months. Changes may occur. Publication dates are January-February, March-April, May-June, July-August, September-October, November-December.
 

23. Availability of Services
We will use commercially reasonable efforts to make the online purchased Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which We shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Our reasonable control including Infrastructure or Internet service provider failure or delay, issues with a Non-Subbacultcha platform or external service provider (such as Mollie payments, Groove, Mailchimp, etc.)
 

24. Rights of Subbacultcha
  24.1. Changes to subscriptions
We reserve the right to adjust, amend or remove subscription plans. You will be notified at least one month before the changes take effect. You will be automatically transferred to the new payment plan afterwards. If you do not cancel your subscription, you will be deemed to have accepted these new fees and terms.

  24.2. Chargebacks
When you chargeback your subscription fee(s), the subscription status will manually be set to inactive. We reserve the right to cancel or suspend your member account/subscription in case of multiple chargebacks.

  24.3. Early termination or suspension in case of default of the customer
We reserve the right to suspend or terminate a Subscription/ member account in case of breach of contract by the customer, such as; non-payment of the fees, breach of behavioural guidelines, etc.

 

These terms were last updated on 26/08/2021.

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