1. Definitions
In these Terms, the following terms have the following meaning:
- OnMe: Globe Protocol B.V., trading under the name OnMe, registered with the Dutch Chamber of Commerce (KVK) under number 81028520, located at Schimmelt 32 in Eindhoven.
- Customer: The business party that issues digital loyalty cards to Guests via the Platform.
- Subscription: The agreement between OnMe and the Customer for the use of the Platform.
- Platform: The complete OnMe service: the Portal, the App and the ability to issue Digital Cards and send Push Notifications via Apple Wallet and Google Wallet.
- Portal: The web environment at portal.onme.nl through which the Customer manages the loyalty programme: creating a Digital Card, viewing Guests, awarding points or stamps and sending a Push Notification.
- App: The OnMe application in the Apple App Store and Google Play Store, with which the Customer scans Guests and registers interactions on site.
- Digital Card: A digital loyalty card created by the Customer via the Portal, added by a Guest to Apple Wallet or Google Wallet.
- Push Notification: A message sent via the Platform to the Digital Cards of one or more Guests, delivered via Apple Wallet or Google Wallet.
- Guests: Persons who have added a Digital Card of the Customer to their phone.
- Wallet Providers: Apple Inc. and Google LLC, as providers of Apple Wallet and Google Wallet respectively, and the conditions they impose on their use.
2. Applicability
These Terms apply to all Subscriptions and agreements between OnMe and the Customer. By entering into a Subscription, the Customer accepts these Terms in full. Deviations are only valid if OnMe has confirmed them in writing.
OnMe may amend these Terms. We will announce this at least 30 days in advance by email. If you simply continue to use the Platform afterwards, the new Terms apply.
3. Subscription, term and cancellation
How the Subscription is concluded
The Subscription starts as soon as the Customer registers via the payment page, agrees to these Terms and has made the first payment.
For how many locations
At registration, it is established for how many locations the Customer enters into the Subscription. That number is decisive. The Subscription applies exclusively to those locations and is not transferable to third parties, including parent or subsidiary companies and other affiliated parties. A separate Subscription is concluded for additional locations. For franchise formulas or chains, custom arrangements are possible via [email protected].
Term
The term depends on the subscription type:
- Monthly subscription: continues on a monthly basis. After cancellation it ends at the end of the following monthly period.
- Annual subscription: runs for 12 months and cannot be cancelled early. After expiry it renews automatically by 12 months, unless the Customer has cancelled no later than one month before the end.
How to cancel
You can cancel in three ways:
- Via the Portal: go to your profile → Manage Subscription.
- By email: [email protected]
- By WhatsApp: +31 6 18 41 29 00
After receiving the cancellation we will send a confirmation. The cancellation is final as soon as that confirmation has been sent.
What happens after termination
As soon as the Subscription ends, access to the Platform lapses. The Digital Cards of Guests are no longer usable. All associated data is permanently deleted no later than 3 months after termination. Do you want to keep data? Then export it yourself in time.
Termination by OnMe
OnMe may terminate the Subscription with immediate effect in the event of serious or repeated violation of these Terms or the conditions of the Wallet Providers, in the event of non-payment after a reminder, or in the event of bankruptcy or suspension of payments. In that case no refund will be given.
Changes to or discontinuation of the service
OnMe may modify the Platform or change features. In the event of significant changes, we will inform you at least 30 days in advance. In the event of complete discontinuation, a period of at least 3 months applies.
4. Use of the Platform
After entering into the Subscription, you receive a non-exclusive, non-transferable right to use the Platform. You are responsible for keeping your login details confidential and liable for all use via your account.
OnMe does its best to keep the Platform available, but does not guarantee uninterrupted operation. Where possible, we announce planned maintenance in advance.
5. What is and is not allowed
OnMe provides services via Apple Wallet and Google Wallet. This means that the Wallet Providers impose conditions on how the Platform may be used. As a provider, we are bound by those conditions - and therefore so are you as a Customer. Below is what that means in practice.
Allowed
- Using the Platform for legal and honest purposes, in line with applicable laws and regulations.
- Providing correct and up-to-date information to Guests via Digital Cards and Push Notifications.
- Complying with the terms of Apple and Google for the use of their Wallet services.
Prohibited
The following is not allowed — partly because it is prohibited by law, partly because Apple and Google explicitly exclude it for services offered via their Wallet platform:
- Fraud, deception, scams or other illegal activities.
- Hateful, violent, discriminatory or sexually explicit content.
- Promotion of gambling, tobacco, illegal drugs, dangerous goods or unauthorised financial or medical products.
- Misleading, inappropriate or irrelevant Push Notifications.
- Use of Digital Cards or Push Notifications for purposes for which the Guest has not given consent.
What happens if you do not comply
Apple and Google may suspend or remove Wallet integrations if their terms are violated. If that happens through your actions, you are fully liable for all damage OnMe suffers as a result, including lost revenue, reputational damage and recovery costs. In that case OnMe is also entitled to terminate the Subscription with immediate effect without refund.
6. Intellectual property and marketing
The Platform, the software, designs and all other materials developed by OnMe are and remain the property of OnMe. The Subscription gives you a right of use, nothing more than that. Copying, modifying, reverse engineering or reselling is not permitted.
Content you create via the Platform, such as texts, logos and images on Digital Cards, remains yours. You grant OnMe a limited licence to process and display that content to the extent necessary for the service. You guarantee that your content does not infringe the rights of third parties and you indemnify OnMe against third-party claims in that regard.
By entering into the Subscription, you give OnMe permission to use your company name, logo and the way you use the Platform as an example in OnMe’s marketing communications, unless you object to this in writing via [email protected].
7. Payment and prices
Payment takes place exclusively by direct debit, at the start of the Subscription and monthly or annually thereafter. In the event of a failed direct debit, you ensure payment within 30 days. If that does not happen, OnMe may suspend access to the Platform and terminate the Subscription.
OnMe may adjust the subscription fees annually on the basis of the consumer price index (CPI) published by Statistics Netherlands (CBS), starting from the moment the Customer has used the service for at least 12 months. The current price is always visible on the invoice.
8. Liability
OnMe is only liable for direct damage that results directly from a demonstrable error by OnMe. Liability for indirect damage - such as lost profit, consequential damage, reputational damage or data loss - is excluded. Total liability is in all cases limited to the amount the Customer paid in the 12 months preceding the event causing the damage. These limitations do not apply in the event of intent or gross negligence on the part of OnMe.
You are yourself responsible for the content on your Digital Cards and Push Notifications, and for compliance with the conditions of the Wallet Providers. OnMe is not liable for damage arising from this.
9. Force majeure
OnMe is not liable for failures resulting from circumstances beyond our control. Think of outages at Apple, Google, Microsoft Azure or other external parties, power failures, cyberattacks or government measures.
Changes to the terms of Apple or Google that affect the operation of the Platform qualify as force majeure. We will inform you as soon as possible if this has an impact on your service.
If the force majeure situation lasts longer than 30 days, you may cancel the Subscription with immediate effect.
10. Privacy and data processing
The OnMe Privacy Statement, available on onme.nl, forms part of these Terms and applies to all processing that takes place in the context of the Subscription. By entering into the Subscription, you confirm that you have read and accepted this Privacy Statement.
Division of roles
You determine which data you collect from your Guests via the Digital Card. You are therefore the controller within the meaning of the GDPR. OnMe processes that data exclusively on your instructions; we are the processor.
Processor arrangements
By entering into this Subscription, you conclude a data processing agreement with OnMe as referred to in Article 28 GDPR. It is hereby an integral part of these Terms. The following arrangements apply:
- OnMe processes personal data of Guests exclusively on the basis of your instructions and never for its own purposes.
- OnMe employees who have access to personal data are bound by confidentiality.
- OnMe takes appropriate technical and organisational security measures in accordance with Article 32 GDPR. An up-to-date overview is available on request.
- OnMe engages sub-processors for the performance of the service. By accepting these Terms, you give general consent for this. The current list of sub-processors is included in the Privacy Statement on onme.nl. OnMe imposes the same obligations on sub-processors as in this article.
- OnMe helps you handle requests from Guests exercising their privacy rights, such as the right of access, rectification or erasure.
- OnMe informs you without undue delay of a data breach affecting your Guests, so that you can meet your notification obligation.
- After termination of the Subscription, all personal data of Guests is permanently deleted no later than three months afterwards, in line with the retention periods described in the Privacy Statement on onme.nl. On request, OnMe will confirm this in writing.
- OnMe makes available all information reasonably necessary to demonstrate compliance with these processor arrangements, and cooperates with audits or inspections by you or a third party appointed by you.
OnMe will inform you if OnMe believes that an instruction from you conflicts with the GDPR or other applicable privacy legislation.
11. Complaints
Complaints about our services? Send a message to [email protected]. We aim to respond within 5 working days.
12. Governing law
These Terms and all agreements between OnMe and the Customer are governed by Dutch law. Disputes will be submitted to the competent court in the district of Oost-Brabant.
13. Contact
Questions about these Terms or our services?
Company: Globe Protocol B.V. (trading under the name OnMe)
Address: Schimmelt 32, Eindhoven
KVK: 81028520
Website: www.onme.nl
Email: [email protected]
WhatsApp: +31 6 18 41 29 00