The General Terms and Conditions of SmartWithFood (hereinafter: "the General Terms and Conditions SWF") govern the relationship between the User of the different SmartWithFood services and SmartRetail. By consulting the SmartWithFood services or using them in any way, the User accepts that the General Terms and Conditions SWF apply.
If the User does not agree (or no longer agrees) with the application of one or more of the stipulations mentioned in the General Terms and Conditions SWF, further consultation and/or use of the app is no longer possible.
Identity publisher and administrator SmartWithFood
SmartRetail BV with registered office at B-1500 HALLE, Edingensesteenweg 196, VAT BE 0640.760.224, RPR Brussels.
Customer Service SmartRetail's Customer Service can be reached by email via firstname.lastname@example.org or by mail to Edingensesteenweg 196, 1500 HALLE
The User is an adult natural person using the SmartWithFood App or consulting the my.smartwithfood platform and making use of the various applications provided in it. The User is only allowed to use the my.smartwithfood platform for the purposes intended. The Users can be private persons or legal entities.
These include the SmartWithFood App, the different services offered via the my.smartwithfood platform or any other medium SmartRetail uses to make its services available now and in the future.
General Terms and Conditions SWF
1. Registration: to gain access to the different SWF services, Users must register via the SmartWithFood App or the my.smartwithfood platform. When registering, the User must enter his/her first name, last name and email address, and select a password. This can also be done via his/her Facebook, Xtra or Apple account, without prejudice to the applicable conditions.
2. Access rights: Upon registration, the Users will have access to the various SWF Services. The use of the SmartWithFood App is subject to the General Terms and Conditions SWF, and the Special Additional Terms and Conditions SmartWithFood App below. The use of the services provided on the my.smartwithfood platform is subject to these General Terms and Conditions SWF, and the Special Additional Terms and Conditions of the specific services. For the specific services, the User must also always approve the Special Additional Terms and Conditions of the respective service.
3. Termination: Both SWF and you are entitled to have your account to the SWF app and the my.smartwithfood platform removed free of charge at any time. This can be done by sending a mail to email@example.com. As a result, your account will also be removed by us. Following the deletion of your account, you will no longer have access the SWF Services.
The User can also have his/her data removed from each SWF Service by sending an email to firstname.lastname@example.org. As a result, your data will be removed and you will no longer have access to the SWF Service concerned.
4. Use of website and app: The User is familiar with the restrictions and risks of the use of the Internet, the SmartWithFood App or any other medium SmartRetail uses to make its services available now and in the future. The User is also familiar with the risks of digitally or electronically storing and transferring information. The User accepts that SmartRetail is not liable for any damage due to the use of the SmartWithFood App, its websites or the Internet as a result of the afore-mentioned risks. SmartRetail cannot be held responsible for the content of websites or apps that are available through links on its website. The mere fact that these links are available on SmartRetail's website/app does not imply approval, acceptance or acknowledgement of (the content of) these other websites/apps at any time. Moreover, it's the User's responsibility to check whether these websites/apps are free from viruses and other programs or things that may damage his/her equipment. The User must always consult the applicable terms and/or disclaimers of these other websites/apps.
5. Validity and modification of the Terms and Conditions: If a stipulation of the General Terms and Conditions SWF is found to be void, invalid, unenforceable or unlawful, the other stipulations remain in full force. The hiatus that arises in the General Terms and Conditions SWF as a result of the void, invalid, unenforceable or unlawful stipulation shall be dealt with in accordance with the applicable law by applying a valid stipulation that approximates the original economic purpose of the Terms and Conditions as closely as possible.
The fact that SmartRetail neglects to demand the strict application of one or more of the stipulations in these Terms and Conditions cannot be considered as a tacit waiver of the rights it has and does not prevent it from demanding the strict observance subsequently.
SmartRetail reserves the right at all times to make changes to the present general terms and conditions. In case of a change to the General Terms and Conditions SWF, the User shall always be informed thereof and be asked to accept them again if he/she wishes to continue to use the tools.
6. Questions or complaints: The User can always first contact the Customer Service for questions or complaints. If no reconciliation is possible, a further conflict shall be settled by the competent courts of Brussels and shall be governed by Belgian law.
If the Customer does not reside in Belgium, he/she may also turn to the Customer Service first. If the Customer does not find a solution to the conflict there, he/she may also turn to the European Online Dispute Resolution Platform (http://ec.europa.eu/odr) in his/her own language for online matters.
7. Privacy and protection of personal data: Providing services as described in these General Terms and Conditions requires the collection and processing of the User's personal data. The protection of the User's personal data is of the utmost importance to SmartRetail. SmartRetail therefore makes a point of protecting them as well as possible and always guaranteeing the User's rights when using these data, in accordance with the applicable rules regarding privacy and protection of personal data.
SmartRetail processes the User's personal data for purposes and legal grounds as described in the Privacy Statement. The Privacy Statement can be consulted online or can be requested from the Customer Service. This Privacy Statement may be adjusted from time to time.
The User commits himself to notify the Customer Service in due time of any change regarding his usual email address, identification and address details in order to allow SmartRetail to provide a correct service.
8. Conflicts: In the event of a conflict between these General Terms and Conditions and the Special Additional Terms and Conditions of the SmartWithFood App or the Special Additional Terms and Conditions of the my.smartwithfood services, the Special Additional Terms and Conditions will prevail over these General Terms and Conditions SWF.
Special additional terms and conditions SmartWithFood App
The Special Additional Terms and Conditions SmartWithFood App (hereinafter: "the Terms and Conditions") Together wither the General terms and Conditions SWF govern the relationship between the User of the SmartWithFood App and SmartRetail. By consulting the SmartWithFood App or using it in any way, the User accepts that the General Terms and Conditions SWF as well as these Terms and Conditions apply.
If the User does not agree (or no longer agrees) with the application of one or more of the stipulations mentioned in the General Terms and Conditions SmartWithFood App, further consultation and/or use of the app is no longer possible.
The User is an adult natural person consulting the SmartWithFood App and using the various applications provided in it. The User is only allowed to use the app for private purposes except insofar this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License (see below). A User qualifies as consumer.
Any natural person acting for purposes falling outside the scope of his/her trade, business, craft or professional activity.
Terms and Conditions SmartWithFood App
1. Objective of these Terms and Conditions: These terms and conditions are intended to provide the User with essential information about the rights and duties when using the SmartWithFood App.
2. Account: With the SmartWithFood App, the User can create an account by entering a (profile) name, a password and a valid email address on my.smartwithfood. This can also be done via his/her Facebook, Xtra or Apple account, without prejudice to the applicable conditions. The profile corresponding with the SmartWithFood account is compiled on the basis of, inter alia, the profile data that the User has entered in the SmartWithFood App.
a. Creating and using account: The use of the SmartWithFood App by minors is not allowed. An account is personal and shall not be passed on to or used by a different person than the User. The User only acquires the right to consult the app in a private capacity.
Any commercial use of the app is strictly prohibited. Commercial use is understood to include selling or renting the different functionalities of the app, or using the app and its components for the sole purpose of generating advertising or subscription income, or more in general organising unfair competition or performing acts in breach of fair commercial practices with regard to SmartRetail, or marketing or otherwise reusing the content, images or any other material made available by means of the app. This list is not exhaustive.
The User remains the sole person responsible for the correct use of his/her account. The User shall indemnify SmartRetail in full for all damages and costs resulting from giving incorrect or incomplete details in the request or the management of his/her account or misuse/abuse of his/her account.
The User only benefits from a non-exclusive, non-transferable right to access and personal, non-commercial use of the SmartWithFood App provided that he/she respects the General Terms and Conditions SmartWithFood App, except insofar as this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License (see below).
b. Update SmartWithFood App: The User is obliged to check whether the most recent version of the SmartWithFood App is installed on a regular basis in order to have the most recent information. SmartRetail is in no case liable for decisions of any kind made by the User based on information obtained via the App.
c. Termination of the account by the User: The User is entitled to remove his/her account free of charge and without any justification at all times. This can be done through the app or by written notification to the Customer service. The termination date will in that case be the date of receipt of the notification by SmartRetail.
d. Termination of the account by SmartRetail: Notwithstanding any other rights, SmartRetail is entitled to terminate an account at all times and for any reason whatsoever, subject to a notice period of 7 calendar days, and to no longer allow the access to and the further use of the SmartWithFood App.
SmartRetail has the right to terminate the operation of an account immediately without prior notice to the User in the event of (a suspicion of) abuse, fraudulent dealings or any other unauthorised use of the account in question. Blocking/termination of an account by SmartRetail is also possible without prior notice to the User when it is deemed useful to ensure the security of the system or to safeguard SmartRetail's (financial) interests.
The termination of the account by SmartRetail may in no case give rise to a right to compensation in favour of the User or a third party.
In the SmartWithFood App, the User can:
a. Consult product information after scanning a product
This includes product information such as the ingredients, nutritional values, Nutri-Score, amounts of sugar, saturated fats, kcal etc.).
The User receives information about the Nutri-Score. The Nutri-Score is a logo that informs about a product's nutritional quality. This information is complementary to the nutritional values table that is required by law. The score consists of a scale of five colours (from dark green to dark orange) linked to the letters A to E. The Nutri-Score was developed by Santé Publique France. The comparison of nutritional values is based on an objective measure, i.e. the nutritional values per 100 g. The score is not determined based on portion sizes. For the baby food, diet products and food supplement categories no Nutri-Score is determined. In addition, no Nutri-Score can be calculated for products that are lacking specific digital product information. For the calculation of the Nutri-Score, the following nutritional values are required: energy (kJ), sugars, saturated fats, salt and proteins.
The calculated Nutri-Score is purely for information purposes. SmartRetail calculates the Nutri-Score of the products included in the SmartWithFood App based on information it received via the data providers. SmartRetail is therefore not liable for any incorrect Nutri-Score when the latter is based on incorrect information supplied.
The User receives information about the amount of sugar, saturated fats, energy (kcal), proteins and/or fats present in a product. This information appears when the bar code of the product is scanned, in accordance with one of the following visualisations:
1 bar = the product has a low amount compared to products in the same category
2 bars = the product has an average amount compared to products in the same category
3 bars = the product has a high amount compared to products in the same category
The details in the comparison cannot be considered as a recommendation of a specific product or an advice on how good or poor the food is. As a User, you are responsible for choosing a specific food.
b. Indicate food requirements and/or food preferences (allergens, lifestyle or diet)
c. Inform oneself about the suitability of a product based on profile settings (matching of a product)
See article 4 of these General Terms and Conditions as regards the icons used.
d. Inform oneself about alternative food products that may also be interesting for a profile included in the App
After scanning a product, the SmartWithFood App also shows other products that may be of interest to the User, regardless of the result of the scan. In this, the following parameters are considered, in descending order of importance given to them by SmartRetail:
food profile entered as regards allergen information
food profile entered as regards information about sugar, saturated fats and/or kcal
availability of information about the product involved
similarities with the originally scanned product (based on product name, food category and ingredients)
Important: in the presentation of "possibly interesting products", products with a "conditional yes" are also shown. Based on our analysis of the product information, a product with such a message is suitable for the indicated profile(s). In this case, SmartRetail does not have an explicit confirmation of the manufacturer/supplier based on the available digital product information.
e. Consult recipes, create recipe collections and add products to weekly planning and/or shopping list. The User can also share this shopping list with third parties.
f. Ask questions about a healthy diet (healthy being varied and balanced), products and other subjects related to the functions in the app via the expert chat (e.g. via WhatsApp).
SmartRetail bases its answers on objective, scientifically validated advices from instances such as the Superior Health Council.
g. Receive proposals from recognised dieticians through the SmartWithFood App (hereinafter “Coach” or “Coaches”).
SmartRetail merely suggests coaches. The coaching programme is conducted online. Besides telephone and email contacts, appointments are by video call (tool 'Jitsi'). Physical visits to the coach are not by default provided in the design of this functionality, but can be organised in practice (not limitative). The User can ask for free introductory talks with different Coaches before making a choice. The choice of a specific Coach and the further collaboration between the User and the Coach are entirely governed by the general terms and conditions of the Coach. The appointments with the Coach are scheduled via the SmartWithFood App. Both the User and the Coach can terminate the relationship by sending an email to email@example.com. As a user, you can also use the 'stop' button in the Coach Detail. The recording of video conversations is not authorised.
h. Short-term lite health programs in which certain goals are set. Tips and tricks are provided to achieve the goals.
Tip: During the introductory talk, make sure to inquire about the rates and conditions of the Coach.
Note: SmartRetail is only responsible for suggesting a Coach. The Coach does not render his services free of charge - except for the introductory talk. The costs for the services provided are to be borne by the User.
Tips on the use of Jitsi:
- When creating the chat room, do not use words that other people may not see.
- If you want a conversation to be confidential, please limit the number of participants to a maximum of two: you and one other person, i.e. no group conversation of three or more
1) Preferably use a password (don't forget to press enter and preferably use a special character in the password, for example: $higrandma).
2) To increase your privacy, you can also blur your background by clicking on the options (the three dots in the bottom right-hand corner of your screen): select 'Blur my background'
Bear in mind that other participants are able to record a conversation (the REC symbol appears) or even live-stream it to YouTube (symbol LIVE appears). If you want to prevent this, close the chat for you (red telephone receiver in the middle of the screen)
The SmartWithFood App makes the information available for information or suggestion purposes only and does not seek to recommend specific products in any way.
SmartRetail merely intends to help the User when making food choices. If the User decides to purchase and/or consume a specific product that is included in the SmartWithFood App, he/she always does so on his/her own initiative and at his/her own risk.
SmartWithFood App does not provide medical advice or a medical diagnosis via the SmartWithFood App nor in any other way. The User always has to consult specialised bodies such as a doctor, pharmacist or dietician prior to the purchase and consumption as regards the risks of consuming specific ingredients or products, making specific food choices or maintaining/changing a particular lifestyle for his/her health. Therefore, the information offered through the SmartWithFood App may under no circumstances be considered as a substitute for consultation of and/or treatment by a doctor or dietician or other professional in healthcare or dietetics. The User explicitly confirms that he/she shall never use the SmartWithFood App to replace or validate an advice of or consultation with a doctor or other professional in healthcare.
The information in the SmartWithFood App does not attribute characteristics to food in terms of preventing, treating or curing a human illness, nor does it allude to such characteristics, so that the information cannot be interpreted as such.
4. Meaning of the icons used in the app:
For allergens, the following matrix is used in theapp underlying the icons mentioned above:
5. Origin of details regarding User, included in the profile via the account: SmartRetail relies only on the details entered by the User for the services provided within the SmartWithFood App. The correctness or applicability of these details is not checked.
6. Origin and quality of the used food information: The information on the products included in the SmartWithFood App is supplied by the following data providers:
a. GS1 Belgium&Luxembourg vzw (hereinafter GS1): This involves details supplied by manufacturers/suppliers of foods via the Trustbox © database, property of GS1 Belgium & Luxembourg vzw. This database contains information communicated and validated by operators of food companies. You can obtain more information on this data provider via: www.gs1belu.org
b. Etn. Fr. Colruyt nv and the legal entities affiliated with it within the meaning of article 1:20 of the Companies and Associations Code. Part of the details is supplied by Etablissementen Franz Colruyt NV.
c. Open Food Facts database, the information of which is made available under the Open Database License (ODbL). More information can be found via https://world.openfoodfacts.org/, and with regard to the OpenDatabase License via https://opendatacommons.org/licenses/odbl/1.0. In conformity with art. 4.4. and 4.8. of the OpenDataBase License, users obtain the same licence rights with regard to the OpenFoodFacts database.
d. The Users of the SmartWithFood App: The User has the possibility to provide feedback on the consulted product information via the app and to raise incorrect/incomplete information when applicable via firstname.lastname@example.org or the Customer Service. This allows SmartRetail to process the feedback, report inaccuracy or incompleteness to the data providers and enforce corrections where needed.
7. Analysis of the product information: SmartRetail analyses all relevant digital product information by means of a textual analysis. By means of algorithms, it is checked whether certain words are present or not in the product information that is supplied by the data providers. These are words that can be an indication of the presence of ingredients or traces thereof, relevant for the profile entered by the User.
In terms of the legal FIC allergens (as determined in EU Regulation no. 1169/2011 of 25 October 2011 regarding the provision of food information to consumers), the relevant allergen flags are also considered. The allergen flags indicate whether or not the allergen in question is present and were explicitly communicated and validated by the manufacturer/supplier.
7.1 De Eco-Score
With the Eco-Score, we aim to identify the entire environmental impact of food products. To calculate this impact, we take into account a wide range of data and criteria. On the one hand, factors that impact the environment throughout the life cycle of a product and on the otherhand, additional pros and cons, such as sustainability labels.
Life cycle encompasses the entire process from raw material, to production, distribution, consumption and waste disposal. To identify the ecological impact of that cycle, we use the results of the lifecycle analyses in the Agribalyse database. These are calculated in accordance with the the PEF (Product Environmental Footprint) method and take various factors into account:
Besides the life cycle of a product, there are other elements that impact the environment. The protection of biodiversity, for example, or the impact of plastic on the oceans. Or the environmental requirements, which differ from country to country. We therefore take into account additional criteria when assessing the environmental impact of a product. In this way, products can earn bonus or penalty points.
More info can be found at https://www.colruytgroup.com/wps/portal/cg/en/home/stories/Campaigns/Eco-Score
8. Liability SmartRetail: The General Terms and Conditions, disclaimers and other conditions that are disclosed by the data providers listed in article 6 remain in full force in addition to the General Terms and Conditions SmartWithFood App.
Although the SmartWithFood App is extremely meticulous in providing food advice, the food advice or the information may be incomplete, incorrect, not suitable for a specific situation or not up-to-date.
All liability for the accuracy of the data resides with the data providers. SmartWithFood displays this information as supplied by them and/or relies on the information as provided by the data providers for its analyses. The information provided via the SmartWithFood App is therefore conditional because SmartRetail can never exclude that the digital product information it received from the data providers contains errors, is incomplete or deviates from the product information mentioned on the product's label or packaging.
Except in case of damage resulting from fraud, malicious intent or gross negligence of SmartRetail, its appointees or representatives, SmartRetail and/or its directors, shareholders, agents and representatives cannot be held liable for any direct, indirect, incidental or consequential damages.
The contractual and extra-contractual liability of SmartRetail and its directors, shareholders, agents and representatives shall be limited at all times to the amounts covered by the liability insurance taken out by SmartRetail. This coverage amounts to a maximum of EUR 20,000.00 per damage claim but is limited to EUR 200,000.00 a year for all damage claims combined.
The previous limitations of liability do not apply to the third-party liability of SmartRetail and its directors, shareholders, agents and representatives in case of decease or physical injury of the consumer as a result of their act or omission.
9. Responsibilities of the User: The User always has the responsibility to carefully check the information on the label, packaging or corresponding descriptions of the product before purchasing and/or consuming it. This is regardless of the information that is made available through the SmartWithFood App. The information available in the SmartWithFood App never replaces the food information provided on the label of the foods or the information required by law or prescriptions mentioned on the packaging. The details mentioned there are the only data source the User should consider when deciding what to purchase or consume.
Since products are also subject to change in terms of composition, the User shall scan the product's bar code again when purchasing or consuming it in order to have the most recent product information, even when he/she already scanned the product in the past.
The SmartWithFood App does not provide information on non-packed products. For non-packed products, it's important that the User knows that these may have come into contact with substances containing allergens.
In case deviations are found between the information in the SmartWithFood App and the details on the label or packaging, SmartRetail asks the User to communicate this by email to email@example.com, so that SmartRetail is able to notify the data provider involved.
10. Access to and use of the SmartWithFood App: It is strictly forbidden to try to have access to parts that are not open to the public in any way possible and with any technical means whatsoever. It is also strictly forbidden to change, adjust, add things to or remove things from the SmartWithFood App, in any way possible and with any technical means whatsoever, excluding the possibilities and spaces provided for this and except insofar as this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License.
The User commits himself to not perform any act, regardless of the technical means used, that may compromise the proper functioning of the SmartWithFood App in any way at any time.
It is forbidden to use any (automatic) system in order to have access to the SmartWithFood App in such a way that more messages are sent to the app than is possible for a natural person. "Messages" must be understood to include questions and requests, replies and participations in contests, votes, any interaction with another user of the app, etc., even if the User would react to a request formulated in the app (such as a participation in a contest).
11. Intellectual property rights: The concept, content, layout, structure, source codes, programming, images, photos, recipes, animations, audiovisual work, texts, data, music and all other components of the SmartWithFood App are and remain the exclusive property of SmartRetail or of the partners with whom SmartRetail is cooperating and are protected by various intellectual property rights (including copyright, brand right, software right, model right, patent law, database right, the sui generis right of the manufacturer of a database, and/or other intellectual property rights or exclusivity rights), which is acknowledged and accepted by the User. By using the SmartWithFood App, the User does not acquire any right to it, except insofar as this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License.
The whole or partial reproduction, spread, sale, distribution, publication, adjustment and/or use, in any form and in any way, of the SmartWithFood App and its content is strictly forbidden except insofar as this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License. Saving any information and/or component of the app in an (electronic) database or in any other way, is not allowed except insofar as this is deviated from specifically regarding the information obtained from the Open Food Facts database in the OpenDatabase License. By putting specific data, texts, images or other files online, the User automatically grants SmartRetail the permission to reproduce, communicate or use the content of the post in any other way free of charge, both in the app and in any other publicity or commercial message. The User warrants to be capable of granting this permission and, for example in case of work protected by copyright, has the authorisation of the author.