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The Smart Coach

Terms and Conditions

 

The Smartcoach ® : Terms and Conditions

 

Last updated on November 2, 2012

 

Preamble

 

« Sport-0-Top » is  a «  société privée à responsabilité limitée » under Belgian Law, registered with the Banque Carrefour des Entreprises under number BE 0847.164.184 (RPM Nivelles), with head offices at B-1410 Waterloo, Chemin des postes, 119 and represented by Mr Rudi De Cocq, manager, operates the www.thesmartcoach.be website, the main subject of which is the supply of a coaching service in Sports, Nutrition and Health, accessible to the members of The Smartcoach via Internet or mobile phone. Some features of The Smartcoach Service can be accessed free of charge and others are paid for by the Members.

 

Before becoming a member of The Smartcoach, we ask you to carefully read and accept the present Terms and Conditions. When you become a member of The Smartcoach, you undertake to comply with the present Terms and Conditions. Registration for one or several services of The Smartcoach as well as the use of this website imply full and complete acceptance of the Terms and Conditions by the Member.   If you do not accept the Terms and Conditions, you cannot register to The Smartcoach.

 

When you click the "Free registration" button at the bottom of the registration page to validate, you acknowledge that you are fully informed and bound by the Terms and Conditions. 

 

Extract from the Terms and Conditions

 

2.2 Absence of right of withdrawal

 

In accordance with articles 46, 3° et 47, 1° §4 of the Loi du 6 avril 2010 on the market practices and consumer protection, the consumer does not have the right to renounce his purchase: the right of withdrawal can no longer be exercised since the execution of Services starts upon registration and payment, and even before the end of the legal fourteen calendar day withdrawal period.

 

4.2. Tacit renewal of a Module

 

Upon expiry of a module, it will be renewed tacitly, at the price and period defined in the conditions of the offer originally subscribed to, except in case of termination notified by the Member to The Smartcoach, 48 hours before the current module expires. 

 

After tacit renewal, the Member can terminate the contract at any time, without compensation, after a notice period of two months.  When the notice period expires, the Member will get a proportional reimbursement of the module price for the unused period.

 

The Member uses the Services at his own risk, under his sole responsibility, in accordance with article 3 above. The Smartcoach will not be held responsible for any accident by one of its Members during a training session.   

 

ARTICLE 1. DEFINITIONS

 

In the present Terms and Conditions, words or expressions which start with a capital letter have been defined as follows:

 

"The Smartcoach" refers to a number of Services, the purpose of which is to propose coaching in Sport, Nutrition and Health.  The Smartcoach is accessible from multiple platforms (Internet, text messages, MMS, WAP, etc.), with or without payment.

 

"Package" refers to any package which gives access to the The Smartcoach Paying Services, as required, for a limited period which can be 15 days, 1 month, 2 months, 3 months, 4 months, 5 months, 6 months and 12 months, renewable as described hereafter, by whichever method of payment (bank card or any other system which allows continuous debits to be made).

 

"Service(s)" refers to all the Services, accessible to the Members of The Smartcoach, whether paid or unpaid.

 

"Paid Service(s)" refers to all Services accessible, at rates quoted, to the Members of The Smartcoach with a valid package.

 

"Member(s)" refers to any or all valid registered users of The Smartcoach service, who have or have not paid to use The Smartcoach.

 

"Conditions of Use" refers to this contract.

 

ARTICLE 2. ACCESS AND REGISTRATION FOR THE SMARTCOACH SERVICES

 

2.1 Technical details for access and registration

 

The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be under the exclusive and entire responsibility of the Member, as shall the telecommunication costs incurred by its use. 

 

To be a Member of The Smartcoach, the member must complete all compulsory fields appearing on the registration forms.  The Member guarantees that the communicated data, especially those relating to his health condition, are correct and in accordance with reality.  He has the obligation to inform The Smartcoach without delay in case of modification of the data communicated upon registration and, if necessary, to bring those modifications himself on his personal space on The Smartcoach website.

 

When the necessary conditions for registration are met, each Member is provided with one or more identifier(s) (login) and one or more password(s), according to the different Services with which he is registered (internet, newsletters, mobile phone).  The login(s) and password(s) are strictly personal and confidential. They must not be passed on or shared with any third parties, either Members or not.  With the exception of The Smartcoach’s own fault or a technical failure of the Service, the Member will be solely liable for the use of this identification information by third parties or for the actions or statements made through  the Member’s account, whether these are fraudulent or not.  The Member holds The Smartcoach harmless against all claims of this kind.

 

Furthermore, The Smartcoach does not have the obligation or the technical means to verify the identity of every person registered with its Services.  If the Member has reason to believe that a person is using his or her Member identification or account, he or she must inform The Smartcoach immediately.

 

When a Member wishes to sponsor a friend and provides The Smartcoach with the contact details of that friend, such Member must have obtained the prior consent of this friend for The Smartcoach to process his or her data that will be used solely in order to address an electronic message informing him/her of The Smartcoach and its Services. The message is addressed in the name and in the account of the Member having provided The Smartcoach with their personal data.  In such a case, the Member supplies such information voluntarily and freely and under his/her sole responsibility. 

 

For security and Service quality purposes, The Smartcoach will deactivate the accounts of Members who have not used the Service for a period of 6 (six) months or more after the date that the subscription term expires.

 

2.2 Right of withdrawal

 

In accordance with articles 46, 3° et 47, 1° §4 of the law of April 6, 2010 on market practices and consumer protection, the consumer does not have the right to withdraw his purchase: the right of withdrawal can no longer be exercised since the execution of Services starts upon registration and payment, and even before the end of the legal fourteen calendar day withdrawal period.

 

ARTICLE 3. USE OF THE SMARTCOACH

 

Upon registration, after acquiring a valid package, the Member can take advantage of access to the Services available on The Smartcoach. Price and terms of payment for the Paid Services can be found under the article « Prices and terms of payment » of these Conditions of Use.  This can be accessed at any time via the The Smartcoach website during the presentation or the use of the Paid Service(s) that the Member wishes to access, as well as its/their respective prices.

 

3.1. Obligations of the Smartcoach

 

The Smartcoach will remotely and by electronic means supply a virtual coaching Service.  The Smart coach’s activity does not include supplying access to Internet, or to an electronic communication Service to the public.  Consequently, The Smartcoach has no legal obligation to identify Members when they connect to the The Smartcoach website or to verify content published by Members.  Because The Smartcoach is technically incapable of providing such services, The Smartcoach does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility. 

 

3.2 Obligations of the Member

 

The provisions of this article shall apply without prejudice to the article « Termination ».

 

When using the Services, the Member has the following obligations:

 

-       use the Services as a good father should,

 

-       behave reasonably and respectfully towards The Smartcoach and other Members,

 

-       supply correct information about him and update it regularly,

 

-       Not to post any commercial content, or breach third parties’ intellectual property rights,

 

-       respect the intellectual property rights relating to content supplied by The Smartcoach and by any third party,

 

-       Not to use the Services for advertising purposes, or unsolicited or unauthorised promotion,

 

-       comply with the current laws and respect third parties’ right and the provisions of the present Conditions.

 

3.3. Obligations of the Member with respect to health

 

The Member is sole responsible for his health.

 

Before using the Services, the Member commits to: 

 

-       have undergone a medical check-up and obtained a medical certificate including no contraindications, and which allows him to practice the proposed physical activities or sports as a hobby, and use the Services supplied by The Smartcoach,

 

-       renew the medical visit every year.

 

Before any exercise, the Member has the obligation to:

 

-       check by himself whether he is and feels able to practice the sports or exercises proposed by The Smartcoach,

 

-       In case of uncertainty, to abstain from practicing the sports or exercises proposed by The Smartcoach,

 

-       interrupt without delay, but in a non-brutal manner, any exercise or activity during which he may feel a health problem.

 

ARTICLE 4. PRICE, PAYMENT AND RENEWAL TERMS

 

The use of Paid Services assumes that the Member has a Package. Members can acquire a Package by using a bank card (internet payment) or while participating in in games or Services proposed by The Smartcoach.

 

4.1. Price, payment dates and methods

 

The price and terms of payment for the different Paid Services are displayed at all time on the The Smartcoach website and, at the latest, during the presentation or when confirming the Paid Service(s) for which the Member wishes to register.

 

Prices are indicated in euros, all taxes inclusive.

 

The purchase of a Package on the Member’s account occurs as soon as, or a few moments after a valid transaction has been completed. 

 

The Smartcoach Packages (Bundle). A Bundle is a smartcredit package :

 

Bundles

Price (€)

Smartcredit

Smartcredit Price (€)

Bonus Smartcredit

Sport

10

20

0,500

0

Bronze

19

40

0,450

2

Emeraude

Silver

28

34

64

80

0,438

0,425

8

12

Rubis

Gold

52

55

128

144

0,406

0,389

24

34

Saphir

60

160

0,375

40

Diamant

66

180

0,367

48

 

 

 

4.2. Termination of a Package

 

The Member can notify The Smartcoach at any time of his/her intention to cancel a package without any costs other than those possibly linked to the transmission of his/her request.  The cancellation will take effect from the expiry date given for the active package, in accordance with the dispositions of article 8 "Termination” below.

 

4.2. Tacit renewal of a Package

 

Upon expiry of a package, such package shall, except where the Member notifies termination thereof to The Smartcoach, 48 hours before package’s e expiration date, be renewed on the price and period defined in the conditions of the offer originally subscribed. 

 

After tacit renewal, Members can cancel the contract at any time, without compensation, after a notice period of two months.  When the notice period expires, the Member will get a proportional reimbursement of the module price for the unused period.

 

Furthermore, information about the expiration of a Member’s package is repeatedly reminded to Members in the section « My Account » which enables them to manage their package and their account options. 

 

ARTICLE 5.  PERSONAL PRIVACY AND PROTECTION OF MEMBER DATA

 

The Smartcoach is anxious to protect privacy and personal information, and respects the applicable legislation on the subject.

 

When registering, acquiring or receiving a The Smartcoach package, the Member agrees to have his/her personal data kept and processed by The Smartcoach and/or any third party appointed to this effect.

 

Each Member can, at the time of registration or at any time thereafter, request to receive offers on products or services supplied by The Smartcoach partners, sent to him/her by e-mail and/or on his mobile phone.  Each Member can subsequently request to receive (or not) the The Smartcoach newsletter free of charge and/or promotional offers from The Smartcoach and/or its partners, sent to him/her by e-mail and/or mobile phone, by managing his/her “My Account” section. 

 

The requested information can include the name, first name, address, e-mail address, fixed line and/or mobile phone numbers, bank information, information about your health and physical condition, sports level, information on the use of the Service. Certain items of information are mandatory in order to gain access to the Service; other items of information are optional and collected in order to better meet the Member’s expectations and offer a personalised service  (subscription to newsletters, promotional offers, sending invitations linked to the preferences, direct marketing, etc.).

 

Furthermore, certain non-personal information are also collected, such as the version of the Member’s or any other user’s web browse (Netscape, Internet Explorer, etc.), the operating system (Windows, Mac Os, etc.), the IP address of the computer, etc. The Smartcoach uses cookies, designed to store information used to identify the Member while he/she is browsing on the The Smartcoach website, sin order to allow the Member to continue browsing without having to re-enter this information manually on each page.   Furthermore, these cookies are necessary to The Smartcoach to supply Services subscribed by the Member.  The Member can always choose the option of preventing the use of cookies by modifying the options of his/her browser. 

 

This information is collected when the Member registers on the site, participates in a forum, places an order, participates in a contest, responds to a survey, by way of questionnaires, upon subscription to a newsletter and promotional offers, etc.

 

All precautions have been taken on our databases to archive your information in a secure environment.   Only a small number of employees at The Smartcoach have access to your information. The personal information you provide at the time of registration will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases specifically designated, and subject to the Member’s prior information and agreement, or in assumption of his/her non opposition hereto.

 

The Smartcoach may send its Members promotional offers from partners, subject to their explicit prior consent during registration and, in case of opposition later, without other expenses than the transmission of the request during registration or any other moment.  If the Member does not wish to receive promotional offers, he/she can oppose at any time by going to “My Account” on the The Smartcoach website or by notifying The Smartcoach by post to the address mentioned above or by e-mail to info@TheSmartcoach.be.

 

The Smartcoach may share general socio-demographic information that does not include names with partners in order to allow them to target their announcements (by age category, gender, etc.). In this case, The Smartcoach will not disclose information which would allow them to identify the Members.

 

According to Belgian law, and more precisely article 9 of the « loi du 8 décembre 1992 », called privacy law, the Member has a right to access, modify, correct and remove his/her personal data.  

 

This right can be exercised by letter to « Sport-0-Top S.P.R.L., Client Service», B-1410 Waterloo, Chemin des Postes, 119 or by completing the contact form, and indicating personal ID. 

 

The person responsible for the treatment of personal data is the manager of Sport-O-Top S.P.R.L. 

 

ARTICLE 6. INTELLECTUAL PROPERTY

 

6.1. Content broadcast by The Smartcoach

 

The trademarks (including The Smartcoach ®), logos, graphics, photographs, animations, videos and texts featuring on the The Smartcoach website and in the The Smartcoach Services are the intellectual property of The Smartcoach or its partners and may not, directly or indirectly, be reproduced, used or represented without the express permission of The Smartcoach or its partners, under threat of legal action.

 

The rights of use of these intellectual property items by the Member is strictly limited to his/her private and personal use in the scope and duration of his membership with The Smartcoach. Any other use by the Member is prohibited without the authorization of The Smartcoach.

 

The Member is prohibited from modifying, copying, reproducing, downloading, disseminating, transmitting, exploiting for commercial gain and/or distributing and/or using in any form whatsoever the videos by discipline, the  The Smartcoach site pages, or software codes for Service elements comprising the The Smartcoach website.

 

ARTICLE 7. LIABILITIES AND WARRANTIES

 

7.1 Functioning of The Smartcoach site and Services

 

To use the Services, the Member must have the necessary hardware equipment, softwares and parameters required to properly use The Smartcoach:

 

-       IE6 navigator or equivalent, JavaScript function activated, cookies enabled and acceptance of « pop-up » windows.

 

-       Up-to-date Adobe Flash software is required for the website to function properly (available for download on www.adobe.com).

 

The Member must have the skills, hardware and softwares required to use the Internet, or as appropriate,  Internet or telephone services, and acknowledges that  the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data cannot be guaranteed.  The Smartcoach will not guarantee that the Services will function if the subscriber activates a "pop-up killer" tool; in this case, the function should be deactivated before using the Service.   

 

The Smartcoach will not guarantee that the Services will be usable if the Member’s Internet service provider is unable to provide its service properly. In this context, The Smartcoach cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the The Smartcoach website, resulting from incorrect hardware, problems experienced by the Member’s Internet Service, congestion of the Internet service, or any other reason outside the sphere of influence of The Smartcoach.  Any of these would be situations beyond control as defined by the competent jurisdictions.

 

The use of Services may be interrupted temporarily for the purposes of maintenance, updates or technical improvements, or in order to develop its content and/or presentation.  Whenever possible, The Smartcoach will inform its Members prior to maintenance works or updates.

 

7.2 Responsibity

 

The Member uses the Services at his own risk, under his sole responsibility, in accordance with article 3 above. The Smartcoach will not be held responsible for any accident by one of its Members during a training session.  

 

The Smartcoach can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by The Smartcoach or one of its contractors in the execution of the The Smartcoach contractual obligations, having caused that Member damage.

 

In this case, it will be the responsibility of The Smartcoach to prove that it did not commit a fault in the execution of its contractual obligations.

 

The Smartcoach shall in no circumstance be liable for direct or indirect damage to the Member, where the Member’s behaviour contributed to the occurrence of damage he/she claims to have suffered.  By way of illustration, The Smartcoach shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms and Conditions by the Member. 

 

The Smartcoach can supply links to websites other than the The Smartcoach website.  Since it cannot supervise and control the content of such websites, it cannot be held responsible if during the scope of a search performed from the The Smartcoach website, the Member is pointed towards sites, the content of which may constitute a violation of the law.

 

In any case, and except for cases of fraud or wilful misconduct, the responsibility of The Smartcoach is limited, whatever the originating fact for this may be, to ten times the amount of the current Package and The Smartcoach will not be held responsible towards the Member and any third party, for any indirect or subsequent damage.

 

ARTICLE 8. TERMINATION

 

8.1 Termination by the Member

 

A Member may at any time and without the need to provide any reason end his/her registration with The Smartcoach by requesting the closure of his/her account in the area of the The Smartcoach site designated for such purpose, without any other expenses than those linked to the transmission of his request

 

Such requested shall be deemed effective within the next 3 working days after receipt by The Smartcoach of the request for closure of the account in question.

 

Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member’s subscription, except if the termination is based on a fault committed by The Smartcoach under the conditions of article 7.4 above. The termination of a package decided by the Member shall be effective on the applicable subscriptions’ expiration date. 

 

8.2 Termination by The Smartcoach

 

Without prejudice to the other provisions hereof, where the Member commits a serious breach, The Smartcoach can, in the sense of article 1183 and following of the Civil Code, terminate the Member’s account without prior notification or warning. Such termination will have the same effects as a termination by the Member.

 

Without prejudice to the other provisions hereof, where the Member commits a serious breach, The Smartcoach can terminate the Member’s account 7 (seven) days after having sent the Member an e-mail requesting unsuccessfully that he or she comply with these Conditions of Use.

 

Such termination shall take effect without prejudice to any damages that The Smartcoach might claim from the Member or his/her beneficiaries and legal representatives, in compensation for the harm suffered as a result of such facts or breaches. .

 

The Member will be informed by e-mail of the termination or the confirmation of the termination, of his/her account.

 

Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member’s account.

 

ARTICLE 9. AGREEMENT BETWEEN THE MEMBER AND THE SMARTCOACH

 

These Conditions of Use constitute a contract that governs the relationship between the Member and The Smartcoach. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the rights and obligations of The Smartcoach and the Member. 

 

If any of the provisions of these Conditions of Use is declared void in application of a law, a regulation or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. 

 

If any of the provisions of these Conditions of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, the void clause will have to be replaced by a clause with similar economic effect. 

 

Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.

 

ARTICLE 10. AMENDMENTS TO THE CONDITIONS OF USE

 

The Smartcoach may modify or cancel any aspect or characteristic of its website www.thesmartcoach.be  including, without any limitation, the supplied Services.

 

The Smartcoach may modify or cancel these Terms of Use.  The Member will be informed of the nature of these modifications when they are posted on the The Smartcoach website. Modifications will take effect one month after their posting on the website.  For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.

 

Otherwise, the member shall have several options:

 

-       The Member’s original package has not expired yet.  In such a case, the Member may demand that the Conditions of Use in force at the time he/she subscribed to the package continue to apply, until the original expiration date of the package. 

 

-       The initial term of the Member’s package has expired.  In this case, the new Conditions of User are deemed to have been accepted by the Member unless the Member has manifested his/her intention to terminate his/her account.    

 

ARTICLE 11.   APPLICABLE LAW

 

These Terms of Use shall be governed, construed and applied in accordance with Belgian law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be French.

 

ARTICLE 12. SETTLEMENT OF DISPUTES

 

Any claim should be addressed quickly to the client service: info@thesmartcoach.be or the head officse of Sport-O-Top SPRL.

 

Any dispute linked to the formation, application, interpretation of the conditions of use, that cannot be solved amicably, will be subject to the exclusive competence of the courts of the Arrondissement judiciaire de Nivelles, Belgium.

 

 

 

 

 

© Copyright Sport-0-Top SA 2016 - TVA BE 0843.164.184 - Chemin des postes, 119 - 1410 Waterloo - Trademark the Smartcoach® - All Rights Reserved
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