General terms and conditions of sale and use
These General Conditions of Sale and Use apply to the use of the website www.uptrackplus.com accessible at the address www.uptrackplus.com as well as to all the services which are proposed there by the Company SportMentors.Any Client proceeding to his registration commits himself to respect them in their entirety and without the possibility of derogating from them for any reason whatsoever.
The terms below, when written with a capital letter, have the meaning given to them in the present definitions for the whole of the General Conditions of Sale and Use of the site www.uptrackplus.com.
Masterclass: Online training by an expert (athlete, coach, sports professional, and other experts) in video format. It is a video training, not individualized, divided into several modules themselves composed of several episodes. A Masterclass can come with additional educational elements (digital books in PDF format).
Mentor(s): SportMentors' training partners and experts, referenced on the Site and carrying out an activity independent of that of SportMentors.
Customer(s): Any user, natural or legal person who connects to the site www.uptrackplus.com, navigates, takes notes, orders, and/or buys a service proposed by a SportMentors, who contacts the customer service by telephone or by Email with the aim of using one of the services proposed by the site. The use of the Services is open to any natural person of legal age and capacity, or any legal entity. Minors whose age is between 16 and 18 under the condition of obtaining the agreement of their parent(s).
Training(s): training provided by a trainer or expert in order to deliver knowledge or technical elements.
Documentation: Information of purely informative value, published on the site, such as articles, or summary guides.
Customer Data: Information provided by a Customer to SportMentors for the purpose of using a Service after filling out an online form on the Site, interacting with the Chat, or contacting a Manager by phone or email.
Form(s): Questionnaire created by SportMentors and filled out by the Customer.
Service(s): Any service offered and rendered by the site www.uptrackplus.com to the Site's Clients.
Site: The Internet site is accessible at the address www.uptrackplus.com whose infrastructure has been developed by the SportMentors Company according to the computer formats usable on the Internet including data of different natures, and in particular texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the User.
User(s): Natural or legal person who visits a page of the Site.
The present General Conditions of Sale and Use apply, without restriction or reserve, to all the Users, and to all the Services, existing or to come, accessible by the Clients of the Site.
SportMentors reserves the right to modify the present General Conditions of Sale and Use at any time by putting the changed conditions online on the Site.
Any connection to the Site is subject to compliance with these Terms.
1. PURPOSE OF THE SERVICES
1.1 The Service is a marketplace for the provision of Training and Courses covering a variety of topics and provided by our Trainers and Expert partners (athletes, sports professionals, other experts). The site www.uptrackplus.com offers a service of access to a trail running training.SportMentors cannot be held responsible in any way for the content of the proposed training courses or their suitability for the purpose sought by the Client. The Client remains the sole master of the use he wishes to make of the training(s).
1.2 The Company is not a training center and cannot be considered as such. It does not provide any training activity or expertise in any of the fields covered, and therefore cannot give any personalized advice to its Clients. On the contrary, SportMentors reminds its Clients that it is up to them to evaluate the relevance of the selected training in relation to the chosen purpose.The Service provided by the website www.uptrackplus.com is only a connection with a trainer and/or an expert and cannot be interpreted as a training organization, and as such, it does not award diplomas or any other title recognized by the State.
2. REGISTRATION TO THE SERVICE
2.1 Customer registration
The registration to the Service is open to any natural person, major and capable, or any legal entity. However, minors between the ages of 16 and 18 may benefit from the services offered by the site www.uptrackplus.com subject to validation by one of their parents or legal guardian.In case of fraudulent registration by a minor pretending to be of age, the parents will not be able to seek any responsibility on the part of SportMentors for the access of the site www.uptrackplus.com to their minor child.The customer will be able to register directly by mentioning his email address and a password, or via an account opened with Google.
The same person or company cannot open several accounts on the Site. The use of an account is strictly personal.Furthermore, the Company reserves the right to take legal action and claim damages against any person who has attempted to cheat, deceive, or fraudulently use the Company's services, or generate advantages or benefits in a fraudulent or unfair manner.
2.2 User ID and Login Information
A Customer who opens an account on the site www.uptrackplus.com and, by this fact, accepts the T&Cs/Guidelines described herein, is the holder of this account and has access to it through an identifier and a password, chosen by the customer. This password can be changed in the Account Settings interface by the Customer on his personal account.The username/password combination is strictly personal. It is therefore the Customer's responsibility to ensure the confidentiality of this combination allowing access to the service.
If the password is lost and/or forgotten, the account holder may request a password reset from the Site.The Client also agrees not to communicate this identification information and password to any other person, nor to lend, give, sell or generally make the account and/or password available to a third party for any reason whatsoever. Otherwise, the Company shall not be held liable for any fraudulent use of this information.
In the event of fraudulent use of the Client's login credentials due to a fault or negligence attributable to the Client, or to one of the employees under its control or hierarchical authority, the Client shall be liable to the Company for any loss or deterioration of data whatsoever, and more generally for any damage suffered as a result of use of the service that does not comply with the rules laid down in these general conditions.
3. OPERATION OF THE SERVICE
The service proposed by the site www.uptrackplus.com aims at providing the Clients with training in sports, technical, artistic or any other field previously prepared and recorded on video by our Trainers and Experts partners, and produced by our team of directors. Uptrack+ can also offer its customers untertaining contents (films, series, documentaries...).
After creating an account on the website www.uptrackplus.com, the customer has the possibility to subscribe to different offers:
- The Masterclass of François D'Haene ;
- The Masterclass of Courtney Dauwalter ;
- The pack including the Masterclass of François D'Haene and the Masterclass of Courtney Dauwalter.
The customer is then invited to:
- pay by credit card the amount corresponding to the chosen offer ;
- fill in all the information necessary to establish the invoice.
Once the payment has been made and the personal information has been filled in, the client accesses his online course, in video of more than one hour, broken down into several practical lessons of 2 to 15 minutes.
The online course can be enhanced with additional resources, usually in PDF format.
4. TRAINING AVAILABLE ON THE SITE
SportMentors reminds that all the trainings available on the website have only an informative value, for any interested person. The content of these trainings is not necessarily updated with the latest developments and knowledge applicable in the field covered by the training.
The User who uses the training made available does so at his own risk and with full knowledge of the facts.
It is the User's responsibility to ensure that the information provided is accurate, up to date, and appropriate for the purpose intended. The User is solely responsible for any prejudice that may occur as a result of the use of these courses.
5. ONLINE SALES
5.1 The formation of the contract between SportMentors and the Client occurs after the choice of an offer, the acceptance of the present General Terms and Conditions, and after the payment by credit card. Once the payment is made, SportMentors commits itself to do its utmost to satisfy the Customer's requests, without exceeding the framework set by the present General Terms and Conditions.
The customer must take the best possible care to enable SportMentors to process the order correctly. The customer must provide SportMentors with any information required to process the order when requested.
5.2 The customer selects the plan he/she wants to access the Masterclass. He/she has the option of renting this Masterclass for a given period (temporary access). He/she has the option of purchasing this Masterclass for an indefinite period
6. PAYMENT FOR SERVICES
6.1 The payment is made by credit card on the secure site. The transaction is done outside the website www.uptrackplus.com so that neither a third party, nor SportMentors can know the data related to the credit card used.
6.2 SportMentors will issue an invoice which will be sent to the Customer by electronic means, unless the Customer expressly requests that the invoice be sent to him by another means.
7. RIGHT OF WITHDRAWAL
With regard to the nature of the service provided by the Company SportMentors, and in accordance with Article L.121-21-8 paragraphs 1 and 13 of the Consumer Code: "The right of withdrawal can not be exercised for contracts:
Of supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal;
Of the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal."
In addition, in accordance with Article L121-20-2 of the Consumer Code: "The right of withdrawal can not be exercised, unless the parties have agreed otherwise, for contracts :
Of supply of services whose execution began, with the agreement of the consumer, before the end of the period of seven clear days", no refund can be made, and this whatever the state of progress of the project of the Customer.
Indeed, the digital content is accessible immediately after payment by the Customer. The price is due at the time of the order, upon receipt of which a Manager begins to process the file.Consequently, the execution of the contract begins as soon as the payment is finalized.
However, customers wishing to be reimbursed for the Masterclass may do so on simple request within 14 days of the date of their purchase by sending their request for reimbursement.The customer can make his or her request for a refund on this page by indicating the information below:
- Email associated with their SportMentors account
- The name of the online course for which the customer is requesting a refund.
Once the request is received, the customer will be refunded the amount paid within 7 calendar days.
8. HIERARCHY, ACCEPTANCE, AND MODIFICATIONS OF THE TERMS AND CONDITIONS
The Service is provided in accordance with the General Conditions of Sale and Use shall prevail over any other terms and conditions contained in any other document, unless previously waived in writing.
The present General Conditions of Sale and Use are applicable to all Customers and Users of the Site as soon as they access a page of the site www.uptrackplus.com.
The fact that SportMentors does not take advantage of the present Conditions at a given moment, cannot be interpreted as a renunciation to take advantage of them later.
The Service is provided under the condition that the Client and the Partner Lawyer accept the General Conditions of Sale and Use. The latter are deemed to have accepted the General Conditions of Sale and Use by the mere fact of using the Service, which necessarily entails acceptance of the General Conditions of Sale and Use. This acknowledgment and acceptance are reiterated when the order is entered and the Client or the Lawyer expressly declares that they accept them without reservation.
These General Conditions of Sale and Use govern the contractual relationship between the Company, the Client, and the Lawyer, who accept them without reservation.
In the event of non-compliance with these Terms and Conditions or abuse by a User, SportMentors reserves the right, without prior warning, to unilaterally suspend the Service or remove the access of the User concerned temporarily or permanently.
Any modification of the General Conditions of Sale and Use is notified electronically to the Customer, who is free to refuse its application and thus terminate his registration. If the Customer does not expressly reject the General Conditions of Sale and Use, they shall apply to the next order placed by the Customer. The invalidity of any provision of the General Conditions of Sale and Use shall not affect the validity of the others.
9.1 Complaints must be sent either to the email address firstname.lastname@example.orgComplaints may only relate to the Services offered on the Site. The content of the Documentation may not be the subject of any claim other than a request the removal of specific content for infringement, as this Documentation has only an informative value.
The Company undertakes to respond to any claim within a maximum of 10 working days from receipt of an email or letter of complaint.
9.3 Any justified request for a refund must follow the terms of this article. SportMentors undertakes to offer a remedy, which may consist of a full or partial refund, or a credit note for our services.
10. TERMINATION, ACCESS TO THE SITE, AND MAINTENANCE
10.1 The Company reserves the right to discontinue the Client's Service if it constitutes a danger to the security of the Company's hosting platform, including but not limited to hacking of the Client's Service, detection of a breach of system security, or use of the Service for purposes not in accordance with the Company's general or special terms and conditions.
10.2 SportMentors endeavors to allow access to the site at all times, except in the case of force majeure or an event beyond the control of SportMentors, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site and Services.
Consequently, SportMentors cannot guarantee the availability of the Site and the Services, the reliability of transmissions, and performance in terms of response time or quality.
SportMentors cannot be held responsible in case of impossibility to access the Site.Furthermore, SportMentors may interrupt access to the Site or part of the Services at any time without prior notice and without the right to compensation. The User acknowledges and accepts that SportMentors is not responsible for such interruptions, and for the consequences that may result for the User or any third party.
10.3 Any event beyond the control of the parties and which cannot reasonably be foreseen and overcome will be considered as an event of force majeure.
SportMentors shall not be liable for any delay or failure to perform its contractual obligations resulting from events beyond its control, including but not limited to: acts of God, weather disturbances, lack or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public disturbances, acts or omissions of other telecommunications operators, or other events beyond the reasonable control of SportMentors.
Any such circumstances occurring after the conclusion of the contract and preventing the execution of a Service under normal conditions are considered as a cause for exoneration of all or part of the obligations of the parties. Consequently, SportMentors cannot be held responsible for any resulting interruptions of services and any subsequent damage.
11. OBLIGATION AND LIABILITY OF SPORTMENTORS
11.1 In the event of non-compliance with the General Conditions of Sale and Use, the Company may unilaterally and without delay terminate the registration of any Client or the account of any Trainer and/or Expert, by simple electronic notification, without prejudice to any damages that the Company may claim as compensation for the breach.
11.2. SportMentors cannot be held liable for any direct or indirect, material or immaterial, patrimonial, extra matrimonial or moral, financial or commercial loss, including but not limited to:
- any loss suffered;
- any lost profits;any damage to reputation or credit;
- any costs and expenses incurred;any devaluation;
- any other business impact;
- any injury;
- any physical damage.
11.3 The information and Materials on this site accessible through this site are from professional sources. However, this information and Documentation may contain inaccuracies. SportMentors reserves the right to correct them as soon as these errors are brought to its attention.
The use of the information and documentation available on this site is done under the entire and sole responsibility of the User, who assumes all the consequences that may result from it, without the responsibility of SportMentors being sought in this respect, and without recourse against the latter.
12. PERSONAL DATA
Within the framework of the use of the Site, personal data are collected in application of the law "Informatique et Libertés" of January 6, 1978. As such, the collection operations are subject to a declaration of collection made to the Commission Nationale Informatique et Liberté (CNIL).
Each User has the right to access, rectify, modify and/or delete his or her personal data. Such rights can be exercised by contacting the Site and by e-mail at the following address: email@example.com
The Customer agrees to be included in the list of SportMentors' customer references as a commercial reference. In order to improve the relevance of its services, SportMentors may record statistical and non-personal information related to the use of the Services and the Site (frequency of use, quantity and type of data entered).
User traffic data within the Site is collected in a strictly automatic manner. This data only concerns the origin of connections, the IP address, the characteristics of the web browser and/or the pages consulted on the Site.
Under no circumstances does the Site collect data that could allow the identification of each user in question.
13. HYPERTEXT LINKS
13.1 Links to www.uptrackplus.com may exist on other websites. It is possible to create a link to the presentation page of the site www.uptrackplus.com without the express authorization of the company SportMentorsw However, the company SportMentors reserves the right to ask for the suppression of a link which it considers not in conformity with the object of the Site.
Furthermore, the company SportMentors can in no way be considered as an affiliate or as a partner of the sites on which there is a hypertext link to www.uptrackplus.com, unless expressly specified. SportMentors cannot control the content of the sites on which such links appear, and cannot in any way be held responsible for or endorse these sites which have their own existence and are independent of SportMentors.
13.2 The Site may also contain hypertext links to the websites of partner or affiliated companies. SportMentors is not in a position to control the content of partner sites in real-time. By clicking on such a link, the User leaves the website www.uptrackplus.com at his own risk.
SportMentors cannot be held responsible for the content of the sites linked to www.uptrackplus.com. The User is moreover invited to inform the site www.uptrackplus.com of any third party internet site containing a link to the site www.uptrackplus.com, or conversely to which a link leads from the site www.uptrackplus.com which would be contrary to public order or morality.
Moreover, as soon as the Customer uses a link to a third-party site, he leaves the Site subject to the present General Conditions of Use. SportMentors cannot guarantee that a third-party site adheres to the same security and confidentiality practices, and therefore cannot be held responsible for the use that could be made of the Customer's data by the said site.
14. INTELLECTUAL PROPERTY
14.1 Whatever they are and with the exception of those belonging to third parties, all the Services, training, and content offered and published on the site www.uptrackplus.com (including Documentation, information, data and databases, software, videos, soundtracks, photographs, illustrations, logos and trademarks, etc. ...) are the full, complete and exclusive property of the company SportMentors.
Any act of adaptation, alteration, representation, copying, reproduction, use, distribution, display or exploitation, in part or in whole, of any element present on the site www.uptrackplus.com by means of any process whatsoever or on any medium whatsoever is strictly forbidden, whether it is a service or content belonging to the company SportMentors or to any third party whatsoever and except with prior and express authorization issued exclusively by the Site.
14.2 SportMentors is not responsible for any violation of any right held by a third party and perpetrated due to any act or use of the services offered, the content of the website or the published documentation by a user or a third party.
14.3 Each User of the Site grants SportMentors the non-exclusive right to represent and reproduce the content that he/she publishes on the site, and in particular the comments and criticisms that he/she may make.
15. DIVISIBILITY OF CONDITIONS
If any provision of these Terms and Conditions is found to be invalid or unenforceable, it shall be deemed to be unwritten, without invalidating the entire Terms and Conditions.
If necessary, SportMentors reserves the right to make changes to these conditions. All other provisions remain binding and effective.
16. NEWSLETTER (INFORMATION LETTER)
By providing his/her email address, the User agrees to receive a newsletter sent according to the frequency chosen by SportMentors.
The User can ask SportMentors, at any time, to stop receiving the newsletters.
Both this Site and the terms and conditions of its use are governed by French law, regardless of the place of use. Any dispute will give rise to a mediation phase before any legal action is taken, during which the parties will attempt to reach an agreement on the dispute between them.
In the event of a dispute, and after all attempts to find an amicable solution have failed, the parties shall submit the dispute to an arbitrator duly authorized to deal with disputes in this area.