General Terms and Conditions

Article 1: Definitions and Applicability

1.1 These General Terms and Conditions (hereinafter: "the Terms") apply to every agreement, offer, order, and the use of the online learning environment and services (hereinafter: "the Services") offered by Access Results BV, operating under the commercial name eTheorie.be.

1.2 The registered office of Access Results BV is located at Herentalsebaan 63, 2150 Antwerpen, Belgium, registered under company number BE1002.786.691.

1.3 "User": any natural person who purchases or uses the Services for non-professional purposes.

1.4 By placing an order, visiting the website, registering, or using the Services, the User expressly and unconditionally accepts these Terms, together with the Privacy Statement (www.etheorie.be/privacy).

1.5 Language Versions: the platform is available in Dutch, French, and English. In case of interpretation differences between the language versions, the Dutch version always prevails. Language errors in the French or English version can be reported via info@etheorie.be and will be corrected after verification. Such language errors do not in themselves give rise to liability.

1.6 Official Communication: all official communication between eTheorie.be and the User takes place exclusively via the email address with which the User is registered. The User is responsible for keeping their email address up to date. Notification to the registered email address is considered legally received.

1.7 Changes: eTheorie.be may change these Terms at any time. Substantial changes will be communicated at least 15 days in advance via email or notification on the website. Continued use after that period is considered acceptance.

1.8 Phishing and security: eTheorie.be will never ask for the password, payment details, or other sensitive account information of the User via email, phone, SMS, or social media. If you receive such a request, please contact us immediately at info@etheorie.be.

1.9 Payment disputes, burden of proof: if a User reports a payment dispute or uncertainty regarding a transaction to eTheorie.be, the User is required to provide the necessary evidence to substantiate the payment. This includes, among other things, a bank statement, a payment receipt, or a screenshot of the successful transaction. eTheorie.be reserves the right to suspend the processing of the request until the requested evidence has been received.

Article 2: The Services, geographical scope, and independence

2.1 eTheorie.be provides digital content consisting of online theory lessons, exercises, and/or simulation exams to prepare for the theoretical driving test in Belgium.

2.2 Geographical scope: the platform and all course content are exclusively tailored to Belgian traffic regulations and the official Belgian driving license exam. Anyone, regardless of nationality or residence, may purchase a package. However, eTheorie.be does not guarantee the relevance or applicability of the content for driving tests or traffic rules outside of Belgium.

2.3 Independence of examination bodies: the User expressly acknowledges that eTheorie.be is a fully independent entity and is not affiliated with, nor responsible for, official Belgian examination centers, recognized testing and examination institutions, or competent regional authorities. The Services are solely preparatory in nature.

2.4 Access to progress for customer service and fraud prevention: the User expressly agrees that eTheorie.be may view and analyze the User's progress data via the backend of its platform, including viewed video lessons, results on theory exams, error analyses, and e-book progress. The purpose of this is:

• to provide targeted support for learning difficulties or questions;
• to verify compliance with the conditions attached to the "fail-money-back" guarantee (see article 5);
• to detect and prevent abuse, fraud, or unauthorized account use.

Access remains limited to what is necessary and will not be used for commercial profiling.

2.5 eTheorie.be guarantees the compliant delivery of digital content but cannot guarantee passing the official exam. Results depend on the effort and learning ability of the User.

2.6 The Services are provided "as is" and on an "as available" basis. eTheorie.be does not guarantee that the Services will be uninterrupted, error-free, or virus-free.

2.7 Technical requirements: the User is responsible for the necessary hardware, software (including browser updates), and an adequate internet connection. eTheorie.be is not liable for disruptions caused by insufficient user equipment.

Article 3: Packages, prices, payment, and delivery

3.1 All listed prices are final prices in euros, including VAT and all other mandatory Belgian taxes and levies, in accordance with article VI.3 WER.

3.2 Price changes: the price applicable at the time the User completes a purchase is the final price for that purchase. Later price changes do not entitle to adjustment of an already paid amount, neither upwards nor downwards.

3.3 eTheorie.be offers three one-time packages. Each package provides access to the digital learning environment for a fixed period. After the access period expires, access automatically ceases, without further costs or extensions.

3.4 No upgrade: it is not possible to upgrade an existing package. If the User wishes to access a more extensive package, they must purchase a new package. The remaining access duration of the original package will not be offset or refunded.

3.5 Each package is a one-time, non-renewable purchase. There are no recurring payments, automatic renewals, or hidden costs.

3.6 The agreement is concluded and access is activated as soon as eTheorie.be has received and confirmed the payment. The package is immediately active after successful payment.

3.7 Access after passing: the access period lasts until the end of the period specified at the time of purchase, regardless of whether the User has passed the theoretical driving exam. Early termination at the User's request does not entitle to a refund of the remaining period.

3.8 Payments are processed by external payment providers (such as Mollie, Stripe, or similar services). eTheorie.be is not liable for technical failures, errors, or delays caused by these third parties. We do not store payment card information.

3.9 VAT invoice for self-employed and businesses: Users who wish to receive an invoice with VAT number can request this via info@etheorie.be. The VAT number must be provided before or at the time of purchase; subsequently changing invoice details is not guaranteed possible.

3.10 Promotion codes: discount codes are valid until the explicitly communicated expiration date. Promotion codes cannot be combined with other discounts or promotions unless explicitly stated otherwise. Expired codes will not be reactivated. Promotion codes have no cash value and cannot be exchanged for money.

3.11 Business purchases and resellers: for group purchases, business orders, or reseller agreements, interested parties can contact via info@etheorie.be. In the absence of a specific written agreement, the standard packages and these Terms and Conditions apply.

Article 4: No refund after activation

4.1 All purchases on eTheorie.be are final. Once the payment has been processed and access to the platform has been activated, no refund is possible, regardless of whether the User has consulted or used the course.

4.2 By completing a purchase, the User expressly accepts that the Services involve digital content that is made available immediately after payment, and that for this reason, no claim for a refund can be made.

4.3 Chargeback: if a User initiates a payment dispute (chargeback) through their bank or card issuer, eTheorie.be reserves the right to immediately deactivate access to the platform without prior notice pending the outcome of the dispute. The User can contact via info@etheorie.be to discuss the situation. eTheorie.be will present all available evidence (purchase confirmation, activation log, usage data) to the payment provider to support its position.

4.4 The only exception to this no-refund policy is the "not-passed-money-back" guarantee, which applies solely to the Premium package and is subject to the specific conditions of Article 5.

Article 5: "Not-passed-money-back" guarantee (exclusive to Premium package)

5.1 If a User who has purchased the Premium package fails the official theoretical driving exam in Belgium at their first exam attempt after purchase, despite having fully and demonstrably completed the platform, they are entitled to a refund of the purchase amount.

5.2 The guarantee applies only to the first exam attempt. Re-exams, second or later attempts do not entitle the User to a guarantee claim, regardless of the reason for failure in previous attempts.

5.3 To claim the guarantee, the User must meet all of the following cumulative conditions:

• all video lessons have been fully viewed;
• all practice questions have been fully completed and all 20 theory exams have been passed without errors via the "Simulate real exam" option; only completion via this method is considered valid;
• the e-book has been fully read and completed;
• the progress data in the platform confirm the above completion (see Article 2.4);
• the application is submitted within 14 days after the official exam date via info@etheorie.be;
• an official proof of failure for the first exam attempt (e.g., exam document from an official Belgian exam center or competent examination body) is attached.

5.4 eTheorie.be verifies the progress data via the backend before processing the refund. Refunds are made within 14 days after approval.

5.5 The guarantee is strictly personal, applies once per account, and is non-transferable. Accounts where abuse, shared use, unauthorized access, or manipulative use of the hold system is detected are excluded from the guarantee.

5.6 The use of the hold system (Article 5bis) is completely separate from the guarantee conditions and does not affect the claim for a refund.

Article 5bis: Hold system (exclusive to Premium package)

5bis.1 Users who have purchased the Premium package have the right to pause the ongoing access period once (hereinafter referred to as "hold") via the designated button in their personal account.

5bis.2 The hold lasts a maximum of 7 consecutive calendar days. It is not possible to split the hold into multiple shorter periods. The hold is once per purchase and cannot be reused.

5bis.3 During the hold period, access to the platform is temporarily suspended. The remaining access duration is extended by a maximum of 7 days. After the hold period ends, access is automatically resumed.

5bis.4 Unintentional activation: before the activation of the hold, the User receives an explicit confirmation question ("Are you sure you want to pause?"). After confirmation, the User has the option to undo the hold themselves via the same button in their account, within 60 minutes after activation. After this 60-minute period, the hold is considered final and cannot be reversed, even by contacting eTheorie.be. The User is expressly asked to read the confirmation question carefully before confirming.

5bis.5 The hold system is completely separate from the "not-passed-money-back" guarantee (Article 5). The use of the hold does not negatively affect the guarantee claim.

5bis.6 The hold system is not available for the Fast or Standard package.

Article 6: Intellectual property rights

6.1 All intellectual property rights related to the Services, including course content, texts, exercises, simulations, software, videos, images, and databases, are exclusively held by Access Results BV (eTheorie.be) or its licensors.

6.2 The User obtains only a non-exclusive, non-transferable, and limited right of use for personal study purposes during the purchased access period.

6.3 The User is expressly prohibited from:

• reproducing, copying, photographing, recording, selling, distributing, or commercially exploiting course content;
• making and sharing screenshots or other copies (public or private);
• using automated tools, bots, or scripts to extract content (scraping);
• sharing or passing on login credentials to third parties;
• reverse-engineering or decompiling the platform's source code.

6.4 Violation leads to immediate termination of access without refund and may result in civil and/or criminal prosecution.

Article 6bis: Prohibition on commercial exploitation and livestreaming

6bis.1 Without prejudice to Article 6, it is expressly prohibited for the User, under penalty of damages, to commercially exploit access to the Services directly or indirectly. This includes, without limitation:

• live streaming of course content via social media platforms (including but not limited to TikTok, Instagram, YouTube, Facebook, Twitch, Telegram, or similar platforms), whether or not for payment;
• receiving gifts, donations, virtual coins, or any other form of compensation via live streams, channels, or groups displaying course content from eTheory.be;
• offering, selling, or subletting account access to third parties, including via messaging applications such as Telegram or WhatsApp;
• organizing group sessions where multiple persons simultaneously view through one account;
• using the Services as a basis for one's own paid courses, workshops, or study materials.

6bis.2 eTheory.be considers any violation as a serious and intentional infringement of its intellectual property rights and as an act of unauthorized commercial exploitation within the meaning of the Belgian Copyright Act and the WER.

6bis.3 Damages: in the event of a confirmed violation, eTheory.be reserves the right to claim damages for the actual losses incurred, including lost income, reputational damage, investigation costs, and reasonable legal fees, to the extent permitted by law. Income generated by the User through unlawful exploitation (such as gifts, donations, or live stream revenues) may also be claimed as unjust enrichment.

6bis.4 Legal costs: eTheory.be reserves the right to claim reimbursement for the reasonable costs arising from the confirmed infringement, including legal and procedural costs, to the extent permitted by law. The final estimation of these costs will be carried out in accordance with Belgian legal provisions, including the applicable litigation fee.

6bis.5 In case of suspected violation, eTheory.be reserves the right to immediately block access, send a DMCA takedown or similar removal request to the relevant platform (including Telegram), preserve evidence, and file a complaint with the Commercial Court of Antwerp.

Article 7: Liability and indemnification

7.1 The total liability of eTheory.be, its directors, and employees is, except in cases of fraud, intentional misconduct, or gross negligence, limited to the amount paid for the relevant Service. This limitation does not apply in cases of death or bodily injury caused by negligence of eTheory.be.

7.2 eTheory.be is not liable for:

• errors or omissions in the content, except in cases of gross negligence;
• failure to pass the official theoretical exam;
• problems or disputes regarding the organization or outcome of the official exam;
• differences between the practice questions on the platform and the official exam questions from recognized exam centers or competent examination authorities;
• indirect damage, consequential damage, or lost profits;
• technical failures of external payment providers or hosting parties.

7.3 The User indemnifies eTheory.be against claims from third parties arising from improper use of the Services or infringement of third-party rights by the User.

7.4 These limitations apply to the maximum extent permitted by Belgian consumer law.

Article 8: User account, minors, and account management

8.1 The User guarantees that all account and registration information is current, complete, and accurate. Providing false, incomplete, or misleading information during registration gives eTheory.be the right to immediately close the account without refund.

8.2 Simultaneous logins: it is not permitted to log in simultaneously on multiple devices with the same account. eTheory.be reserves the right to automatically terminate simultaneous sessions and to block the account in case of repeated abuse.

8.3 Account security: the User is solely responsible for the security and confidentiality of their login credentials. eTheory.be is not liable for damages arising from loss of access, forgotten passwords, or unauthorized access due to the User's own actions. Account recovery occurs solely through the official recovery procedure on the platform or via info@etheorie.be.

8.4 Age, 17 years and older: individuals aged 17 may register independently and use the Services. By registering, they confirm that a parent or legal guardian is aware of the purchase and agrees to these Terms.

8.5 Age, under 17 years: for individuals under 17, prior explicit consent from a parent or legal guardian is required. The parent/guardian must create the account, accept these Terms on behalf of the minor, and is fully responsible for all actions via the account.

8.6 eTheory.be may immediately terminate access to the Services without prior notice in case of serious violation of these Terms. In that case, no refund is due.

Article 9: Platform management, maintenance, and content updates

9.1 eTheory.be aims for a platform availability of at least 99% annually, but cannot guarantee absolute uptime. Scheduled maintenance work will preferably be announced in advance. In the event of interruptions lasting more than 48 consecutive hours due to eTheory.be, the access duration will be extended proportionally.

9.2 Changes to the Highway Code: eTheory.be commits to updating the course content when Belgian traffic regulations change. A specific timeframe within which updates will be implemented cannot be guaranteed. eTheory.be is not liable for damages arising from the temporary absence of updated content following a legislative change.

9.3 Prohibition on screen recordings: the User is expressly prohibited from making screen recordings, streaming the screen, or registering or sharing the learning environment in any other way during the use of the platform, even for private use. Violation is considered a serious infringement in accordance with Articles 6 and 6bis.

9.4 Language errors: errors in the French or English version of the platform will be corrected upon notification via info@etheorie.be. eTheory.be is not liable for damages arising from language errors in non-Dutch versions.

Article 10: Future partnerships and collaborations

10.1 eTheorie.be may enter into collaborations with third parties as part of its services, including but not limited to driving schools, insurance companies, and other service providers relevant to prospective driving license holders.

10.2 Any benefits, discounts, or offers arising from such partnerships will be communicated separately to the User and are subject to the specific terms and conditions of the respective partner. eTheorie.be is not responsible for the quality, availability, or compliance with obligations by its partners.

10.3 The existence of a partnership does not imply exclusivity, nor any obligation for the User to make use of the offered partner benefits.

Article 11: Reviews, testimonials, and marketing use

11.1 By leaving a review, testimonial, rating, or response on the platform, via email, or through an external platform (such as Google, Trustpilot, or social media), the User grants eTheorie.be the right to use this content for marketing and advertising purposes, both online and offline, without additional compensation.

11.2 eTheorie.be will not modify the content of reviews but reserves the right to shorten them for formatting or readability reasons, provided the essence remains intact.

11.3 The User guarantees that the content of his/her review is authentic and does not infringe on the rights of third parties.

Article 12: Force majeure

12.1 In the event of force majeure, eTheorie.be is not obliged to fulfill its obligations. Force majeure includes any circumstance beyond its reasonable control, including power outages, internet disruptions, DDoS attacks, government measures, natural disasters, and outages at hosting providers or payment platforms.

12.2 In the case of prolonged force majeure (more than 30 consecutive days), the User has the right to terminate the agreement without compensation and is entitled to a proportional refund for the remaining, unused access period.

Article 13: Miscellaneous provisions

13.1 Completeness: these Terms constitute the complete agreement between the User and eTheorie.be and replace all prior agreements or communications.

13.2 Invalidity: if a provision is declared invalid or unenforceable, the remaining provisions shall remain in full force.

13.3 The non-exercise of a right by eTheorie.be does not constitute a waiver of that right.

13.4 Personal data: the processing of personal data is governed by the Privacy Statement, available at www.etheorie.be/privacy.

Article 14: Instructors, presenters, and course content

14.1 The courses and video lessons on eTheorie.be are provided by recognized instructors acting on behalf of eTheorie.be. Our instructors possess the legally required recognition and an official certificate for providing practical lessons for all driving license categories, ensuring the quality and expertise of the offered learning content. Although all content is carefully compiled and regularly updated, inaccuracies or outdated information may occur despite all efforts.

14.2 Instructors and presenters are personally not liable for errors, inaccuracies, or omissions in the presented content. Liability rests solely with eTheorie.be, limited in accordance with Article 7.

14.3 The course content is intended solely as preparation for the theoretical driving exam and does not constitute legal advice or binding interpretation of the Belgian traffic regulations. In case of conflict between the course content and the applicable road code, the official legislation shall always prevail.

14.4 Substantive errors can be reported via info@etheorie.be. eTheorie.be commits to investigating and correcting reported errors as soon as possible.

Article 15: External links, examination centers, and references to third parties

15.1 The platform contains hyperlinks to websites of official Belgian examination centers, recognized inspection and examination institutions, or competent regional authorities (such as GOCA, www.goca.be), allowing the User to directly schedule an official exam appointment. eTheorie.be strives to keep these links up to date but cannot guarantee the availability or content of external sites.

15.2 Payment of exam fees, exclusively at the examination center: the payment of the exam fee for the official theoretical driving exam is made exclusively directly at the examination center itself, via the payment method offered by that center. Online payment of exam fees through the eTheorie.be platform is not possible. eTheorie.be does not collect exam fees on behalf of examination centers or other entities.

15.3 Complete independence of examination centers: eTheorie.be is completely independent of all official Belgian examination centers, recognized inspection and examination institutions, and competent regional authorities. In case of problems, complaints, cancellations, delays, technical failures, or disputes that arise at or in connection with an examination center, eTheorie.be bears no responsibility and cannot be held liable for them. The User must address such issues directly with the relevant examination center or competent authority.

15.4 The User consults external links and uses external services at their own risk. eTheorie.be has no control over the content, privacy policy, or service of external websites and is not liable for them.

Article 16: Newsletter and commercial communication

16.1 eTheorie.be only sends commercial emails to Users who have expressly given permission via opt-in, in accordance with the Law of June 13, 2005, regarding electronic communication.

16.2 Transactional emails (confirmations, invoices, password recovery) are always sent, regardless of marketing preferences.

16.3 The User can unsubscribe at any time via the unsubscribe link at the bottom of each newsletter or via info@etheorie.be.

Article 17: Cookies

17.1 eTheorie.be uses strictly necessary, functional, and analytical cookies (only with consent). No marketing or tracking cookies from third parties are placed without explicit consent. The complete cookie policy is available at www.etheorie.be/cookies.

Article 18: Complaints and extrajudicial dispute resolution

18.1 In case of complaints, the User should first contact via info@etheorie.be. eTheorie.be commits to responding to complaints within 5 working days and to resolving them within a maximum of 30 days.

18.2 If no amicable settlement is reached, the consumer can submit a complaint to the Consumer Ombudsman Service (www.consumentenombudsman.be) or the European ODR platform (https://ec.europa.eu/odr).

Article 19: Applicable law and competent court

19.1 These Terms are exclusively governed by Belgian law, excluding the Vienna Sales Convention (CISG).

19.2 All disputes fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, unless mandatory Belgian consumer law grants the User the right to turn to the court of his/her place of residence.

Article 20: Contact details