Terms and conditions

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

Our terms and conditions consist of:
- The terms of use govern the usage of our Platforms and other Services as well as behavioural guidelines.
- The terms of sales govern the sales of our paid membership accounts.
- Our privacy policy 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 09 September 2024.

A - General

1. Service provider

Different Class services (worldwide) are provided by, and you’re contracting with: Different Class BV, Dendermondsesteenweg 80A, 9000 Gent, Belgium.
Our office is located at Dendermondsesteenweg 80A, 9000 Gent, Belgium.
[email protected]
+32 479 83 02 18
Company/VAT registration: BE 1010.981.213

2. Definitions 

2.1. “Member” is a user with an active Different Class membership status  

2.2. “Former member” is a user with an inactive membership to Different Class  

2.3. “User” is a person visiting or using any Different Class platform or service  

2.4. “Website” includes www.differentclass.be and all associated (sub-)domains  

2.5. “Auto-renewal” is the automatic renewal of your membership. This includes the automatic deduction of the membership fee.  

2.6. “Activation-payment” is the payment a member has made to create a Different Class account when a discount code is applied.  

2.7. “Services”, of whatsoever nature undertaken by Different Class at the time being. (websites, platforms, events,... )  

2.8. “Platform(s)” are websites, apps, messages, emails/e-letters or events where Different Class 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 Different Class a 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

Different Class 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 Different Class and the Member undertakes 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 Different Class 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 Different Class BV 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 to 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 Different Class platforms (“content”) is protected by copyright under European Copyright laws and is the property of Different Class 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 Different Class platforms. Copying or storing any content except as provided above is expressly prohibited without prior written permission of Different Class or the copyright holder identified in the individual content’s copyright notice. For permission to use the content, please contact [email protected]

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 Different Class 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 Different Class 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 the 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

Different Class 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 a 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 Different Class services. 

12. Provided Services

Upon ordering a membership 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. membership plans

Different Class offers 1 paid membership plan, with monthly or yearly billing, and 1 free membership for volunteers. Membership plans can be chosen during signup (except for volunteer memberships). Members can change billing periods at any time during their membership. 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 membership can be found on the membership page of our website.  

13.1. Membership with monthly billing
Our membership will cost you €9,95 per month when billed monthly. This membership auto-renews for €9,95 per month, until cancelled.  

13.2. Membership with yearly billing
Our membership will cost you €7,95 per month when billed yearly. This membership auto-renews for €95,4 once per year, until cancelled.   

13.3. Volunteer membership
Users are granted a Volunteer membership by one of the Different Class team members. A volunteer membership grants free access to all our services without an active payment method. 

14. Member accounts

All member accounts are set up via the Different Class website. After selecting the right membership type, you can easily create your account by entering your email address 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.  

14.1. You’re expected to check the status of your payment and membership yourself.  

14.2. Your account requires your full name, a recognisable photo, your e-mail address, your birthday and your postal address.  

14.3. You ensure that all account information is accurate and true.  

14.4. You are responsible for your account information, including your password.  

14.5. 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.  

14.6. We encourage you to use the latest browser or OS firmware. This way we can guarantee you a safe interaction with our platforms.  

14.7. You can access and edit your account information via your account.  

14.8. 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. Membership statuses

All membership statuses are displayed in the account settings. The status may vary depending on different factors.  

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

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

16. Managing your membership

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

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

16.2. Changing billing status
Members can change their billing status in their account settings. This is only possible when all payments have been processed. The newly selected billing status will start after the end date of the current membership. Renewal payments will be upgraded on the end date of the current membership.  

16.3. Cancellation
Members can cancel their membership 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 membership or access the events, you will be responsible for membership fees until you cancel your membership. 

17. Membership issues

You can submit a support ticket when you’re expecting an issue with your membership. You can easily submit those tickets via the contact page of our website. We handle each ticket separately in a reasonable amount of time.

18. Discount codes for memberships

A discount code can be used upon registration for new memberships only by a user. Discount codes can’t be applied to existing memberships by a user. A support agent can add a discount code to an existing membership instead. Discount codes are sent via email.  

18.1. We do require an activation payment of approximately 0.02 euros to create a mandate for the auto-renewal of the new membership when a discount code is applied. This only applies to discount codes for a discounted membership.  

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 from the start date of your selected membership after successful registration and payment.  

18.3. Discount codes are valid until the end date displayed on the email.  

18.4. Gift memberships 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 stated Different Class membership.  

18.6. Users can only use one discount code per new membership.  

18.7. We are not responsible if a Gift membership 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 memberships.  

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 stopped.  

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

19.4. Recurring payments
Recurring payments occur until cancelled. The payment date is displayed in the account settings. Also, see ‘Memberships - Auto renewal’. The description or bank account of these renewal payments will say ‘Different Class’ 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 membership overview in the account settings. This status will determine if a membership is valid or not.  
19.5.1. ActiveWhen the payment status is set to active, the renewal or activation payment went through successfully. 
19.5.2. InactiveWhen the payment status is set to inactive, the renewal or activation payment has failed. When a payment fails, the membership is set to inactive immediately. Members will be notified when this happens.  

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

Different Class members get free, or discounted access, to our promoted events by arriving on time and showing their active profile or ID at the entrance or box office. A valid Different Class profile includes the member’s full name, a recognisable photo of the member and the current status of the member’s membership.
Members can issue their profile via the mobile version of differentclass.be on a smartphone. Profiles are only accessible with an active membership. Issuing requires an internet connection.
Confirmation emails, a screenshot or other communication sent by Different Class 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 Different Class is not responsible if a member is not admitted.  

20.1. Reservations
All events require reservations. Members should check the event on the Different Class website before their visit. Making a reservation guarantees access (free or discounted) to the event or service unless stated otherwise.When a reservation list is closed, this will be mentioned on the event page on the Different Class website. Members will have the option to be put on the waiting list. They will be notified when there are open reservations for this event.     
20.1.1. If additional reservation or registration is required, it will be displayed on the event’s page on the Different Class website. A button will be displayed on the page which will bring the user to a separate (sometimes external) registration form.    
20.1.2. Different Class 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 membership 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, Different Class members will not get in. Different Class is not responsible for the cancellation of events by partners, venues or artists. If a cancelled event or artist is rescheduled or rebooked, Different Class cannot guarantee that the new event will also be part of the free for members agenda.    

20.3. 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. Different Class 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 Different Class, partnerships are subject to change at any time.  

21.3. Member extrasWe offer our members some extras next to the fixed membership features. These extras are displayed in the members’ Different Class accounts. These additional features are updated regularly.    
21.3.1. All extras are subject to change without prior notice.   
21.3.2. Different Class 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 your membership.  

22.1. Shipping
Magazines will be shipped approximately bimonthly and 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 are 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 are 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-Different Class platform or external service provider (such as Mollie, Chargebee, Webflow, Airtable, Groove, SendGrid, etc.). 

24. Rights of Different Class  

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

24.2. Chargebacks
When you chargeback your membership fee(s), the membership status will manually be set to inactive. We reserve the right to cancel or suspend your member account/membership 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 membership/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 09/09/2024.