Terms of Use Coach Me

Transcription

1 Terms of Use Coach Me 1 Definitions and the application of these conditions The app is an initiative of: Kabongo Wouters GROUP (hereafter Coach Me or us ) Resteleurs Halle Company number (BTW-BE): info@coachmeapp.be Phone: Other therms in these Terms of Use shall be defined as following: User : every natural person who uses the Coach Me app. Hereinafter called You, Your. Registration : electronic establishment of an affirmative address and chosen password by the User provided that he accepted these terms of use which gives him the right to use the App and all of its functionalities. App : the mobile application through which the User can obtain the fitness schedules offered by Coach Me. Terms uf use : all of the conditions under which the User may use the App and which he explicitly declares to agree with by registration and authorization. These Terms of Use are applicable on every use of the App. By accepting the terms of use by registration and authorization, the User knows about and agrees with the Privacy Policy and Cookie Statement. Deviations from these Terms of Use are not possible. Coach Me can change these Terms of Use at any time. We will notify you about this before we effect these changes. 2 Use of the App You may assume that Coach Me offers a user-friendly App that is safe for every User. We will take all reasonable measures that are necessary to ensure proper functioning, safety and accessibility of the App. This involves actions of technical, non-technical and organizational nature. However, we can give no absolute guarantees to the User since this commitment is an obligation to perform to the best ability. Every use of the App is always at your own risk. This means that Coach Me bears no liability for damages resulting from malfunctions, interruptions, harmful elements or defects in the App, regardless of the existence of force majeure or an external cause. The App and the related services are provided on an as is and as available basis, without any implied or explicit guarantee. If the user is under the age of 16, he needs the consent of his parents or legal representative in order to use the App. By accepting these Terms of Use, we assume that you are 16 years or older or that you have the consent of your parents or legal representative. To use the App, the User has to provide and take care of the necessary equipment, system software and (internet) connection at his own expense.

2 3 Subscriptions To use the App, the user must sign up for a subscription; this takes place during the registration. This subscription is possible for 1 month to months and can always be extended by the User. The membership and payment obligation start from the moment of registration. The User knows that he starts his membership for the agreed period, which starts from the moment mentioned in the Agreement, and that there is no deviation possible. 4 Prices and payment methods All prices are expressed in euro and inclusive VAT. Subscriptions are valid as long as they are included in the App. The prices can be changes at any time. Of course this doesn t affect on-going subscriptions. The payment takes place at the moment of registration. When registering, you will be asked to provide information about your preferred payment method. This information must be complete and correct and you bear the responsibility to update any changes yourself. You give us explicit permission to debit the required fees for subscription through the chosen payment method. 5 Liability Coach Me can not guarantee that the App will always be available without interruptions, errors or defects or will work and that the information is complete, correct and up-to-date. Coach Me reserves to right to cease the App (unannounced) temporarily or permanently. The User cannot derive any rights in this case. Coach Me is also not liable for damages of any kind, because Coach Me based its acts on incorrect and/or incomplete information provided by the customer. Coach Me is not liable for damage or injuries out of, or in connection with the follow-up by the User of the fitness schedules on the App, unless in case of intent or gross negligence in the App. Coach Me is not liable for damages resulting from the use of the App. 6 Intellectual property rights All intellectual property rights and derived or similar rights relating to products and trade names are retained exclusively by Coach Me. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including (non-) patentable technical and/or commercial know-how, methods and concepts. The User is prohibited to use and/or change the intellectual property rights ad described in this article, unless this is for private use of the product itself. The User shall at all times observe the name and reputation of Coach Me and ensure that his use of the App doesn t damage the rights and/or reputation of Coach Me.

3 7 License Coach Me grants the User a non-exclusive, non-transferable and not (sub) licensable right to use the App. The license only covers the legal transferable intellectual property rights, particularly the rights of use. It is expressly agreed that only the right of use is licensed to the user on the App. Any provision that is inconsistent with this provision in a different (previous or future) contract shall be deemed not written. Any provision of transfer of one or more rights or a license to rights other than the rights to use, is expressly excluded. The User is not allowed to use Coach Me for their own commercial purposes or to provide, rent or sell to third parties, to submit to reverse engineering or modify without prior permission of Coach Me. The User may not remove or circumvent technical provisions that are meant to protect the App. Coach Me reserves the right to unilaterally terminate the license, to restrict the use of the license or to deny access to the App completely or partially, temporarily or permanently. Coach Me will inform the User about this. Coach Me has no obligation to comply nor any obligation to pay a compensation in such cases and therefore explicitly excludes any liability in these cases. 8 Amendments Coach Me will do the best it can to keep the App usable or functional in benefit of the User. Coach Me has the right to change, adjust or remove the App and its accessories at all times, and to provide and/or implement updates and upgrades. Coach Me reserves the right to modify the offered App and its accessories from time to time to improve or change and correct errors, Coach Me will endeavor to fix any errors in the App, but cannot guarantee that all problems will be solved in time. 9 Processing of personal data The information you provide is necessary for the preparation and storage of your fitness schedule. Specifying incorrect or false personal data is considered a breach of the present Terms of Use. The personal data of the User will only be processed in accordance with the activities of Coach Me. More information about privacy can be found in our privacy policy. 10 Account and safety Your account on Coach Me is personal, which means that you are the only authorized User. Only you are fully responsible for keeping your password a secret and for the activities that occur under your password or account. Coach Me has no control over the use of an account, therefore we are not liable. Do you suspect that an unauthorized party is using your password or account? Please immediately contact Coach Me. 11 Complaints To improve the service and user experience of the App, Coach Me requests that any and every complaint of a User is send by or letter to Coach Me. Coach Me commits themselves to investigate a complaint within fifteen (15) days.

4 12 Nullity If a court of competent jurisdiction deems a provision of these Terms of Use invalid, the validity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The disputed clause(s) will be replaced by a valid provision that, as far as possible, is of the same intent, while the other Terms of Use will remain effective. 13 Applicable law and competent court The App and the accessories of Coach Me are exclusively governed by the Belgium law. When a dispute occurs, it is expected of the parties to earnestly attempt to find an amicable solution. In the absence of an amicable solution, all disputes relating to or arising from the use of the App Coach Me can be referred to a centre for arbitration and mediation (as CEPANI) or the competent court of the district where the registered office of Coach Me is located unless otherwise regulated by a mandatory provision. The titles of this Term of Use are of mere illustrative character. They have no legal value and can, therefore, never be a ground for disputes concerning the provisions incorporated herein. Parties accept s as valid written proof, save as otherwise expressly provided or agreed by both parties. Notwithstanding provisions in other agreements, the provisions in this Term of Use will prevail. The agreement applies at all times above other agreements and is therefore fully applicable to any supplementary agreement. Any clause that is contrary to a provision in this Term of Use, shall be assumed to be unwritten.

5 Annex 1: Privacy Policy Every User of our platform gives us some personal data. Personal data is every type of data that allows the direct or indirect identification of a natural person, regardless of whether or not we actually do this. It is sufficient that the data allows us to establish a (direct or indirect) link between one or more data-pieces and a natural person. The collection and processing of personal data is governed by strict conditions, enforced by the law. The most important law applicable is the Belgian Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data ( Privacy Act ). Your privacy is very important to us; we want to be very clear and transparent about this. This is why we have designed this Privacy Policy. We assume that by using the platform and her services, every User has taken notice of the Privacy Policy and therefore agreed to the collection and processing of personal information that are in accordance thereto. The Privacy Policy forms an integral part of the Terms of Use. Our Privacy Policy may be subject to future amendment or modification. Any such change will be clearly indicated in the Privacy Policy. It is your responsibility as a User to examine and take notification of any change made to this document; this should be done on a regular basis. Any change we deem substantial enough will besides be clearly communicated to you. 14 Who is responsible for the data processing? The Privacy Act draws a distinction between the person responsible for the processing and the parties that perform the actual processing. Respectively: the data controller and the data processor. The data controller is every natural person and/or legal entity that determines the purposes and the means (legal and technical) of the processing of personal data. This determination can be done alone or jointly with others. The data controller is identifiable as: Kabongo Wouters GROUP. The data processor is the natural person and/or legal entity that processes the personal data on behalf of the data controller. The data processor is responsible for the proper technical performance of the platform and the functionalities. The natural persons authorized to process data, under direct authority of the data controller, do not fall under this category. Coach Me selects the data processors in an exceptionally diligent way. Every processor has to provide sufficient guarantees with regard to technical and organizational security measures regarding the processing of your personal data. They also satisfy all the other requirements of Article 16, 1 Privacy Act. The controller is not responsible for any loss or corruption of personal data, identity theft, data theft, viruses or Trojans, SQL injections or other attacks on computer systems or online cloud portals. The processors have gained professional expertise in their domain and decide therefore in an autonomous manner, the most technically appropriate application to process the data. The data controller is not expected to have the same expertise and speciality.

6 15 What is the purpose of data processing? Coach Me collects and processes your personal data for one overarching goal, i.e. to offer every User of our App a safe, comfortable and personalized user experience. The collection of personal data becomes more elaborate, as the user makes intensive use of the App. This process of data is essential for the functioning of the App and the corresponding services. The processing is only done for the following (intern) purposes: The User profile; The personalized and general service (sending helpful and necessary information, provide support in case if questions or remarks, following up complaints); The detection of and protection against fraud, mistakes, criminal behaviour and/or other actions that are against the conditions under which our platform is offered. Since technology and innovation is constantly evolving, it is impossible to make an assessment of our future website and services. It is therefore important that this agreement also relates to the use of personal data in the context of the development of new services and features to the extent that it falls within the original objective of our platform. 16 What are my rights as a data subject? 16.1 Guarantee of a fair, lawful and safe processing of personal data Every User can be assured that his personal data will be processed by Coach Me in a fair and lawfully manner. This means the following guarantees: Personal data are only processed in accordance with the explicit and legitimate purposes. We only collect and process personal data to the extent that it is adequate, relevant and not excessive. We never keep your personal information longer than strictly necessary, i.e. as long as your account is active or as long as the personal information is necessary to provide you with a particular service. Coach Me has taken sufficient technical and organizational security measures to guarantee you a safe processing of personal data. The security measures are in accordance with the nature of the personal data and the potential risks. The risks of an accidental or unauthorized destruction, accidental loss, alteration of, or access to, and every other unlawful processing are reduced to a minimum. Unfortunately, this doesn t mean that there is no risk at all. When there is an intrusion of the computer systems, Coach Me will immediately take all the possible actions to reduce damage and/or theft 16.2 Right to object Each user can oppose the processing of his personal data. This right to object exists only if there are sufficient legitimate and serious grounds relating to his particular situation. The exceptions provided in article 5, (b) and (c) of the Privacy Act are also applicable to this right of objection.

7 The User may at any time, free of charge and without further ado oppose the proposed processing of his personal data if those data were obtained for the purpose of direct marketing. The User is also entitled to obtain the removal and/or the ban on the use of all his personal data that have been obtained and are incomplete or irrelevant, regarded from the view of the purpose of the processing. This is also applicable to any personal data of which the registration, disclosure, and retention are prohibited, or personal data preserved after expiry of the authorized period. This right can be used at any time, free of charge and without further justification. The User has to exercise this right through a signed, written request to Coach Me, by post or to info@coachmeapp.be. Coach Me undertakes the appropriate action following a request within 15 days Right to access Each user that proves his identity has a right of access to all information regarding the existence of the processing of his personal data, the purposes of the processing, the categories of personal data that are being processed and the categories of receivers of the data. The User has to exercise this right through a signed, written request to Coach Me, by post or to info@coachmeapp.be. Coach Me undertakes the appropriate action following a request within 15 days Right to correct Poply attaches a great importance to an accurate data collection. Inaccurate or incomplete personal data can therefore always be corrected or even obliterated. For it is impossible for us to be on a continuous basis aware of any mistakes, incompleteness or falseness of your personal data, it is up to the user to report inaccuracies or omissions and to perform the necessary adjustments, in the User register, where possible. If your personal actions seem not enough, feel free to contact us using a signed, written request directed at info@coachmeapp.be. Coach Me performs the necessary actions within 15 days by making additions, correcting or deleting the personal data. The removal is mainly related to the visibility, so it is possible that the deleted personal data remains temporarily stored. In case of abuse of personal data it is sufficient to send a written request directed at info@coachmeapp.be. This should also include proof of the abuse. Coach Me is never liable in these situations dejuristen