Organizer Terms of Service
Welcome to Decathlon Activities!
We know that, as event organizers, you want to encourage your community to play more sports while running your events safely and smoothly. We share the same objective when you use our App. We ask that you please read and follow these Terms of Service carefully, as they contain important information.
1. Acceptance of these Terms
1.1 These Organizer Terms of Service (as they may be updated from time to time, “Terms”) apply to all registered organizers (individually, “Organizer, collectively, “Organizers” or “you”) of the Decathlon Activities mobile application and website found at https://activities.decathlon.ca (individually and collectively, “App”), published and provided by Decathlon Canada Inc. (“Decathlon”, “we”, or “us”). The Organizers offer sports coaching sessions, sports events, or other sports related activities (individually, “Activity” and collectively, “Activities”) or offer places to practice Activities (“Places of Practice”) offered or displayed to consumers (individually, “User”, collectively “Users”) through the App.
1.3 By installing the App on your device and/or by accessing the App as a visitor and/or User, you accept unconditionally and without any reservation all the Terms as defined hereinafter. These Terms may be subject to change. Accordingly, it is understood that the applicable Terms are those in force posted on the App at the time of its use. You have the option to save or print the Terms.
2.1 For the purpose of these Terms:
- “Decathlon Group” shall refer to an entity belonging to the Decathlon Group, which includes Decathlon SE and all the companies directly or indirectly held by it with a minimum of 10% of the capital or voting rights (“Decathlon Subsidiaries” or “Companies of the Decathlon Group”).
- “Participants” shall refer to registered Users that have created an account on the App.
- “Places of Practice” shall refer to places to practice Activities.
- “Organizer” shall include any natural person (e.g., individual, independent coach, or employee) or legal person (e.g., sports club or company) that registers on the Decathlon Activities platform found on, and accessible through, the App for the purpose of offering one or more Activities.
- “Use” shall include any and all of the operations performed by the User as of the moment of access to the App, including its mere consultation, regardless of the device used for access (in particular, computer, tablet, and smartphone), the connection type (private connection, third-party connection, or public wireless group), and the connection location (from Canada or abroad).
- “User” shall refer to an individual, including Organizers, Participants, or third parties, that Uses the App (including browsing).
- “Website” shall refer to the website www.decathlon.ca.
3. Decathlon’s Services and Role
3.1 The App is an online marketplace that enables Organizers to publish Activities, offer Places of Practice (as defined in Section 1.1), and communicate and transact directly with Users that are seeking to book such Activity and/or Participants (“Services”). Organizers’ Use of the App beyond Use exclusive to Organizers shall be governed by the General Terms & Conditions for Users and Participants.
3.2 As the provider of the App, Decathlon does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Activities, nor is Decathlon an Organizer, unless otherwise expressly specified. Organizers alone are responsible for their Activities. When Participants make or accept a booking, they are entering into a contract directly with each other or Organizers. Decathlon is not and does not become a party to, or an additional Participant, in any contractual relationship between Organizer and Participant, nor is Decathlon an insurer or studio/gym owner. In the event that an Organizer offers Activity packages, Decathlon remains solely a platform to facilitate interactions between Organizers and Users and is not liable for any legal obligations created by Activity packages. Decathlon is not acting as an agent in any capacity for any Organizer or Participant, except as may be specified in Section 19 below.
3.3 If you choose to use the App as an Organizer, your relationship with Decathlon is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of Decathlon for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Decathlon. Decathlon does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Activities. You acknowledge and agree that you have complete discretion as to whether to list Activities or otherwise engage in other business or employment activities. The Organizer cannot assign, in whole or in part, its rights and obligations under these Terms or under the contract concluded between the Organizer and a Participant without the written consent of Decathlon or the User, respectively.
4. Features of the App
4.1. Among other things, the App allows the Organizer to:
- create a profile, which will be made accessible to Users on the App;
- offer Activities or Places of Practice to Users; and/or
- collect payment of fees (including applicable taxes) directly charged to Participants;
4.2 The above list is provided for information purposes only. Decathlon reserves the right to add items to the list or delete them, temporarily or permanently, without need of the Organizer’s consent.
4.3 Decathlon undertakes to make its best efforts to provide secure access, consultation, and Use of the App’s Services. The App is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of Decathlon and subject to possible failures and maintenance operations necessary for the proper functioning of the App. Maintenance operations may be carried out without prior notification to the Organizers.
4.4 The App may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Decathlon is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Decathlon of such Third-Party Services.
5. Organizing and Offering an Activity or a Place of Practice
5.1 In order to offer an Activity or offer a Place of Practice, the Organizer must set up an account and provide documentation as follows:
- download and connect to the App;
- create an account on the App;
- contact Decathlon through the App to start the onboarding process, which, for a User interested in offering an Activity or a Place of Practice on the App, may include providing some information and documentation to Decathlon;
- once approved by Decathlon, the User becomes an Organizer and can create an Organizer profile and an Activity profile;
- provide a refund policy applicable to all Activities offered by the Organizer;
- you will be given access to a third party payment processor to provide your bank account information (“Bank Account”). Decathlon does not register or keep any information related to your Bank Account. Once your Bank Account has been verified, payments made in association with your Activities will be deposited in your payment processor account. Following a brief holding period, you will be able to transfer these funds from the third party payment processor to your personal Bank Account. You are responsible for updating our on-line payment system as to any changes to your Bank Account;
- you will be given access to our on-line Activity advertising system to provide the relevant information to organize an Activity or offer a Place of Practice (“Booking System”);
- your Activities or Places of Practice will be available to Participants for use as soon as you are fully registered on our Website;
- The Decathlon design team will confirm that all photos and designs comply with Decathlon brand requirements.
5.2 Decathlon reserves the right to delete any published content or profile that is inappropriate or does not meet the conditions provided herein. The deletion may occur at any time, without advance notice, without notification or prior warning, and without compensation.
5.3 In order to organize an Activity, the Organizer must:
- provide all relevant information, including, but not limited to description, location, and price;
- follow the instructions provided by a member of the Decathlon operational team (first time only);
- access the third party platform used to manage Activities;
- link your Decathlon and payment processing account (if relevant) to the third party platform (first time only).
6. Organizer Obligations and Conduct
6.1 The Organizer is responsible for providing accurate and complete information to Users. You therefore undertake to complete, as accurately as possible, the information to be provided when creating an Activity profile, including setting out within the Activity profile any and all additional terms, conditions, restrictions, and limitations applicable to the offer of the Activity and to the contract concluded between you and Users and/or Participants, such as any mandatory disclosures required by law.
6.2 The Organizer undertakes to inform the Participants of any and all photographs or video recordings of the Activity prior to the Activity, and to obtain the express consent of Users for same, as appropriate, using the form provided by Decathlon for this purpose.
6.3 The Organizer must act with rigor and care for the health and safety of Users who register for, and/or participate in, an Activity offered by him/her/it. The Organizer undertakes to adopt reasonable and adequate conduct, taking into account the nature of the Activity. In particular, the Organizer must respect the physical capacities/capabilities of the persons participating in their Activity, and answer their questions regarding risks inherent in the Activity. The Organizer must also issue any and all necessary instructions and warnings for the proper conduct of the Activity (including, without limitation, in relation to safety, hygiene, conduct, protective equipment, etc.). You are thus responsible for any and all liability, costs, expenses, claims, actions, injuries, deaths, and/or damages that occur due to a lack of information provided by you and/or a lack of necessary instructions or warnings related to the health and safety of persons and property.
6.4. When creating the Activity profile, offering an Activity, and/or offering a Place of Practice, the Organizer must set out any and all terms, conditions, restrictions, and/or limitations applicable thereto, including those relating to possible modification and/or cancellation, as well as compulsory disclosure imposed on the Organizer and/or on the contract concluded between the Organizer and Users.
7. Forbidden Conduct
7.1 The Organizer is forbidden to:
- commit any illegal act;
- extract, record, or exploit third-party content, subject to intellectual property rights relating to privacy, personal information, or image rights, for purposes other than their sole viewing, when browsing the App;
- store, disseminate, or publish any illegal, harmful, abusive, racist, hateful, revisionist, or immoral content that violates privacy or violates the privacy rights of others, including the image rights of persons and property, intellectual property rights, or the right to privacy;
- store, disseminate, or publish any information that reveals, directly or indirectly, the Organizer’s political, philosophical, religious opinions, trade union membership, health status, or sexual orientation;
- submit content on behalf of a third party;
- impersonate a third party and/or publish any personal information concerning a third party;
- propose or offer an Activity without the required professional skills, qualifications, licences, permits, and/or certificates, if any, or without having obtained the right to access and use the Place of Practice;
- falsify any document in order to offer an Activity without having the skills required to offer the Activity; and/or
- store, distribute or publish any content that may directly or indirectly jeopardize the interests of Decathlon or of the Decathlon Group.
7.2 In general, the Organizer agrees to refrain from any conduct contrary to sports ethics or the values and interests of Decathlon or the Decathlon Group.
7.3 Our goal is to promote safe and respectful Activities. If you learn of any listing, content, or an event that may violate these Terms of Service, please contact us at [email protected] right away. We will evaluate each disclosure and, depending on the nature of the disclosure, we may or may not follow up with you. It is also important to remember that Decathlon encourages a diverse, global community; content that you find offensive or controversial may not violate our Terms of Service and not result in your desired action. We truly value your feedback and the opportunity to hear from our community.
7.4 If we determine that the content violates our Terms of Service, we may, at our own discretion, remove only the relevant content, take down the entire event listing, or take alternative action that Decathlon determines to be appropriate given the circumstances surrounding the content. If the abuse of our Services is serious and severe (in our sole evaluation), we may also suspend or terminate the associated account.
7.5 If we believe that there is a legitimate risk of physical harm to someone or a group of people, or direct threats to public safety, we will take action on our site and will also work with law enforcement, as appropriate and at our discretion. If you or someone you know is in immediate danger as a result of content posted on the App, please first contact your local law enforcement agency. Once you have reported the issue to law enforcement, please contact us at [email protected] as soon as possible.
7.6 You agree not to charge Participants for any expenses you incur in association with attending Activities booked through the App, including, but not limited to, fees for equipment use or rental. We have the right to credit the Participants for any fees improperly assessed against them and then to apply such credits against payments otherwise due to you hereunder.
8. Rental of a Decathlon Place of Practice by an Organizer
8.1 You may rent (whether for consideration or free) a Place of Practice that is owned or controlled by Decathlon (“Decathlon Place of Practice”). In order to rent a Decathlon Place of Practice, you must enter into an additional rental agreement with Decathlon. To do so, please contact [email protected].
8.2 You will be liable for any physical damages, legal actions, and/or loss of reputation or business opportunities that Decathlon may incur as a consequence of your actions or any of your guests while you are in control of the Decathlon Place of Practice, and shall indemnify and hold harmless Decathlon against any and all damages that may arise from your use of the Decathlon Place of Practice.
8.3 As an Organizer, you are responsible for leaving the Decathlon Place of Practice (including any personal or other property located at the Decathlon Place of Practice) in the condition it was in when you arrived and shall remove any personal property, trash, and other items that were not present when you took control of the Decathlon Place of Practice. You are responsible and will be liable for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite, or otherwise provide access, to the Decathlon Place of Practice. You shall indemnify and hold harmless Decathlon against any and all damages, claims, costs, penalties, and fees that may arise from your use of the Decathlon Place of Practice.
8.4 Use of Decathlon Places of Practice are restricted for the use for which they were rented, for the time for which they were rented, by the person by which they were rented. Organizers may not use Decathlon Places of Practice for any commercial purpose outside the purpose of these Terms.
9. Conditions of Use
9.1 Access to, and use of, the App by an Organizer is reserved for adult individuals, who have reached the age of majority in their jurisdiction of residence and who wish to offer an Activity.
9.2 Access to the App’s Services for the purpose of offering an Activity and/or providing a Places of Practice is subject to the creation of an account requiring disclosure by the Organizer of information allowing their identification.
9.3 The Organizer undertakes to disclose exact and complete data concerning their identity and refrain from usurping the identity of any third party. If the Organizer fails to comply with the foregoing, Decathlon reserves the right not to confirm, to suspend, or to delete the account and/or to prohibit the use of, and/or access to, the App.
9.4 You are solely responsible for collecting and remitting to tax authorities, whether provincial, federal, or other, any applicable taxes related to the services you offer.
9.5 The Organizer acknowledges that any and all Activities taking place at a Decathlon Place of Practice or any other Places of Practice may be filmed or photographed for use by Decathlon. The Organizer is therefore required to ensure that all Participants attending the Activity accepted the Image Release Form when registering, whereby the Participants grant release and copyright of the images to Decathlon, and that any Participants who declined to sign are clearly identified. All video and photographs produced at Activities at Decathlon Places of Practice by Decathlon shall be the exclusive property of Decathlon, not the Organizer.
9.6 The Organizer further acknowledges that they may also be filmed or photographed during the Activity for use by Decathlon. The Organizer is therefore required to accept the Image Release Form in order to grant Decathlon exclusive right to use the videos and/or photographs. Organizer acknowledges that refusal to sign an image release form may prevent the Organizer from using the App.
9.7 Should the Organizer wish to film or photograph Participants taking part in their Activity, the Organizer must indicate this desire when creating the Activity. Participants are not required to accept the Organizer’s Image Release Form. Organizers may not use photographs or videos of Participants who did not grant the Organizer an image release. Additionally, Organizers may only use photographs and/or photos taken at Activities for the purpose of promoting their future Activities and/or their work as a fitness instructor. Organizers may not use photographs and/or videos of Participants for any other purposes.
10. Intellectual Property Rights – Content Published on the App
10.1 The content on the App is subject to property rights and is protected under intellectual property laws, including copyright, designs and models, brands, domain names, patents, know-how, software, and/or databases (collectively, “Content”). Either Decathlon or the Organizers own all rights, title, and interest in the Content and remain the owners of all of these Contents, as applicable.
10.2 On this Content, the Decathlon Group grants the Organizer a limited, non-exclusive, revocable license, without the right to sublicense, access, navigate, or use the App. This license does not grant the Organizers any other right, in particular no right to commercially exploit this Content.
11. Intellectual Property Rights – Content Posted by the Organizers
11.1 All content posted by the Organizer, including, but not limited to, text, comments, images, photos, videos, or any type of file, regardless of its substance or form (“Organizer Content”) remains the property of the Organizer, subject to the limited rights granted by license to the Companies of the Decathlon Group or the App on a case-by-case basis, taking into account any other special conditions previously accepted for specific services potentially available on the App.
11.2 The Organizer is free to post Organizer’s Content on the App for the creation of an Activity. You acknowledge, undertake, and guarantee that you possess all the rights and authorizations necessary for such publication on the App, in particular, under legislation in force and the privacy, property, intellectual property, image, and contractual rights and/or rights of any other nature. By posting Organizer Content on the App, the Organizer grants the Decathlon Group and Decathlon, for the entire duration of the publication, a non-exclusive, royalty-free, worldwide license for this Content, including the rights of reproduction, representation, uploading and downloading, display, execution, transmission, storage, as well as sub-licensing rights, in particular, to its subsidiaries, partners, and other Users and Organizers of the App.
11.3 The Organizer also authorizes the use of their name in association with the Organizer Content but acknowledges that this association may not always be made. By posting Organizer Content, the Organizer authorizes and accepts that the Organizer Content can become automatically and freely accessible on the Internet, in particular, on other sites, blogs, webpages, and/or applications of the Decathlon Group, in particular, social network pages. The Organizer may request Decathlon to stop publishing the Organizer Content in accordance with the provisions set out in Section 23 of these Terms.
12. Representations and Warranties
12.1 You represent and warrant that:
- you have the right, power, and authority to enter into this agreement;
- you are registered, to the extent required by applicable law, for sales tax collection purposes in all jurisdictions where your services will be provided;
- you own all interest in and to the Organizer’s Content and have the right to grant Decathlon a license;
- the Organizer’s Content and your services do not include any material that gives rise to civil liability or otherwise violates any federal or provincial law;
- you and your employees, contractors, and agents have had proper education and training and hold all required and up-to-date regulatory authorizations, licenses, and certifications relating to any goods or services described in these Terms of Service;
- you comply with all laws and regulations applicable to your business; and
- your business information and Bank Account as provided pursuant to this Agreement are accurate and you are the authorized person to receive the funds sent by Decathlon.
13.1 At your sole cost and expense, you shall have and maintain in force at least Commercial General Liability Insurance, including products, completed operations liability, personal injury, contractual liability, and broad form property damage liability coverage for damages to any property with a minimum combined single limit of $1 million per occurrence and $2 million in the aggregate.
13.2 Except as to any required insurance, the insurance coverage required in this Section will be primary and non-contributing with respect to any other insurance that may be maintained by any other party. At Decathlon’s request, you shall provide certificates of insurance issued by an authorized representative of the insurer evidencing that the coverage and policy endorsements required pursuant to these Terms are maintained in force. The insurers selected by you each will have an A.M. Best & Co. rating of not less than A- or otherwise be acceptable to Decathlon.
14. Access and Use of the App
14.1 TO THE EXTENT PERMITTED BY LAW, THE APP AND ITS CONTENT ARE PROVIDED “AS IS” AND WHEN AVAILABLE. TO THE EXTENT PERMITTED BY LAW, DECATHLON, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, REPRESENTATIVES OR WARRANTIES, AND AGENTS (COLLECTIVELY, THE “DECATHLON REPRESENTATIVES”) MAKE NO REPRESENTATIONS OR WARRANTIES, PROVIDE NO GUARANTEES, ASSUME NO COMMITMENTS, AND EXPRESS NO CONDITION, WHETHER EXPRESS OR IMPLIED, AND DISCLAIM ANY REPRESENTATIONS, GUARANTEES, COMMITMENTS, OR CONDITIONS UNDER APPLICABLE LAWS OR OTHERWISE, AND DO NOT AND CANNOT OFFER ANY GUARANTEES WITH RESPECT TO THE APP OR ITS CONTENT, INCLUDING:
- AN IMPLIED GUARANTEE OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED STATEMENT OR GUARANTEE ARISING OUT OF THE PERFORMANCE OR GIVEN IN THE ORDINARY COURSE OF BUSINESS OR ACCORDING TO BUSINESS PRACTICE;
- A GUARANTEE THAT THE APP OR ITS CONTENT WILL MEET THE REQUIREMENTS OF THE ORGANIZER OR WILL BE COMPATIBLE WITH THE ORGANIZER’S REQUIREMENTS CONCERNING COMPUTERS OR RELATED EQUIPMENT OR SOFTWARE;
- A GUARANTEE THAT THE APP OR ITS CONTENT IS ACCURATE, VALID, RELIABLE, AUTHENTIC, UP-TO-DATE, OR COMPLETE; OR
- A GUARANTEE THAT THE APP WILL CONTINUE TO BE OPERATED OR WILL BE OPERATED WITHOUT INTERRUPTION OR ERROR. THEREFORE, THE ORGANIZER UNDERSTANDS AND AGREES THAT THEY MUST VERIFY ANY INFORMATION BEFORE MAKING ANY DECISION REGARDING THE CONTENT OF THE APP.
14.2 THE DECATHLON REPRESENTATIVES MAKE NO REPRESENTATIONS AND DO NOT GUARANTEE THAT THE APP OR ITS CONTENT IS APPROPRIATE OR AVAILABLE FROM ANY LOCATION. THE ACCESS TO THE APP FROM A COUNTRY IN WHICH ITS CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE APP FROM A LOCATION OTHER THAN CANADA DO SO ON THEIR OWN INITIATIVE AND ARE REQUIRED TO COMPLY WITH LOCAL LAWS.
14.3 USERS WHO BROWSE THE APP ACKNOWLEDGE THAT THEY ARE DOING SO AT THEIR OWN RISK. DECATHLON AND ANY DECATHLON REPRESENTATIVE CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR HARM THAT THE USER MAY SUFFER WHEN ACCESSING AND/OR USING THE APP, INCLUDING THE PRESENCE OF VIRUSES OR DESTRUCTIVE ITEMS THAT MAY HAVE INFECTED THE APP, EVEN IF DECATHLON KNEW OR WAS AWARE OF THIS POSSIBILITY. THE USER AGREES THAT NEITHER DECATHLON NOR THE DECATHLON REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE APP OR ITS CONTENT TOWARDS THE USER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THE USE OF THE APP OR ITS CONTENTS OR ACCESS THERETO, OR ANY INCONVENIENCE, DELAY, OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE APP OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED APP.
14.4 DECATHLON DOES NOT CONTROL STATEMENTS MADE BY THIRD PARTIES (INCLUDING OTHER USERS AND THIRD-PARTY ORGANIZERS) AND CANNOT BE HELD RESPONSIBLE FOR THEIR ACTIONS, THEIR CONDUCT (ONLINE OR OFFLINE), OR THEIR CONTENT (IN PARTICULAR, ILLEGAL OR OBJECTIONABLE CONTENT). DECATHLON IS NOT LIABLE FOR ACTIVITIES, SERVICES, AND FEATURES OFFERED BY THIRD PARTIES, EVEN IF THESE WERE ACCESSED THROUGH THE APP.
15. Organizer Liability
15.1 By Using the App, the Organizer agrees to be solely responsible for, and to release, defend, and hold harmless the Decathlon Group from and against any and all liability, damages, injuries, claims, legal actions, costs, and expenses, directly or indirectly, related to and/or arising from: o Organizer’s Content;
- any Activity offered by the Organizer;
- any Place of Practice offered by the Organizer;
- any Use of the App contrary to these Terms, including fraudulent use; and
- violation of these Terms.
15.2 By offering an Activity on the App, the Organizer guarantees to Decathlon, to Users, and to Participants that they have taken all the necessary precautions to guarantee a safe Activity. In particular, the Organizer will ensure:
- that the person offering the Activity (including the Organizer and/or their employee or representative) has the necessary professional skills, qualifications, licenses, permits, and/or certificates to do so;
- that the Place of Practice is suitable for the Activity to be carried out there, that it holds the licenses or permits necessary for the carrying out of the Activity, and that it complies with any and all applicable laws, regulations, and rules (including health and safety laws, regulations, and rules);
- that they have obtained any and all necessary licenses, permits, and authorizations to access and use the Place of Practice (example: written authorization from the owner of the Place of Practice, necessary licenses, permits, and authorizations from the municipal and provincial authorities, etc.).
15.3 Decathlon is committed to creating awareness among its Users concerning the posting of content. As such, Decathlon draws the attention of Organizers to the need to post or share content (including, without limitation, photographs, images, or videos) that is respectful and in keeping with sports ethics and the values of the Decathlon Group. Any content that violates the rights of third parties or that otherwise does not comply with these Terms may be removed from the App, with or without notice or warning, at Decathlon’s sole discretion.
15.4 The Organizer guarantees to the Decathlon Group that they have obtained the rights or appropriate assignments of rights to the Organizer’s Content posted on the App and that they comply with the ethics of sport and the values of the Decathlon Group. Any Organizer Content that violates the rights of third parties, that is deemed improper, or that otherwise does not comply with these Terms may be removed from the App, at Decathlon’s sole discretion.
16. Limitation of Liability
16.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DECATHLON NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. TO THE FULLEST EXTENT PERMITTED BY LAW, ORGANIZER AGREES THAT DECATHLON’S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST DECATHLON ARISING OUT OF THESE TERMS, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO THE FOLLOWING:
- FOR EVENTS WITH PAID REGISTRATION, SUBJECT TO THE TERMS OF THE TERMS AND CONDITIONS OF PURCHASE, ANY FEES THAT YOU MAY HAVE PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, UP TO A TOTAL OF $100CAD AND NO MORE;
- FOR FREE EVENTS, THE LIABILITY IS CAPPED AT AN AMOUNT OF $100CAD AND NO MORE.
16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, DECATHLON SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE APP, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DECATHLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED.
16.3 THESE TERMS DO NOT LIMIT OR EXCLUDE ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT IS LEGALLY BARRED FROM BEING EXCLUDED OR LIMITED. AS SUCH, ONLY LIABILITIES THAT MAY BE LIMITED OR EXCLUDED IN THE USER’S JURISDICTION ARE HEREBY LIMITED AND/OR EXCLUDED UNDER THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Decathlon’s third party affiliates, Decathlon and the App, the operator, its parent, subsidiary, and affiliated corporations, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the App; (ii) your violation or breach of any part of these Terms; (iii) your violation or breach of any third party rights, including without limitation any intellectual property, property, or privacy right; or (iv) any claim that all or any part of your Content or participation in Activities caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the App. You also agree to defend, indemnify, and hold harmless Decathlon, defend and indemnify us should any third party be harmed by your illegal actions, or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at our own expense, and choose our own legal counsel, but are not obligated to do so. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms.
18.1 When offering an Activity or offering a Place of Practice to Users for a fee, the Organizer will be solely responsible for fixing the price charged to Users and ensuring that the foregoing is properly set out, in Canadian dollars, in the Activity profile.
18.2 In addition, the Organizers agree that, where equipment is furnished to Participants in Activities, such service will be provided free of charge or will be included in the price payable by Users.
18.3 Registration of an Organizer account and Use of the App to advertise Activities and reach potential Participants is free. However, the third party payment processor charges a commission fee for booking through the App. This commission shall be paid for by the Organizer.
19. Payment and Refunds
19.1 Decathlon and the App utilize a third party payment processor in order to facilitate payments between Organizers and Participants. Organizers using the App to offer paid Activities are required to use the third party payment processor and may also be subject to complying with that party’s terms of service.
19.2 Organizers understand and agree that any funds received in their account will be frozen for seven (7) days following receipt. Following this period, Organizers are able to transfer funds into their personal accounts. However, funds shall only become available three (3) days following the Activity. Organizers acknowledge that Participants that cancel their registration at least 24 hours prior to an Activity are eligible for a full refund and, as such, funds paid out after the three-day period may be lower than funds present in the account 24 hours prior to the Activity.
19.3 Organizers appoint Decathlon as their agent for the limited purpose of settling refund payments to Participants. The third party payment processor receives and holds payment from Participants, not Decathlon. Organizers release Decathlon from any and all obligations or liability in relation to the collection, holding, and release of funds by the third party payment processor.
19.4 Any refund issued to Participants due to Organizer’s cancellation of an Activity or any other reason that Decathlon, at its sole discretion, deems to be the responsibility of the Organizer, shall be set off against earning in the Organizer’s third party payment processor account.
19.5 Organizers acknowledge that, if they have already withdrawn their profits from their payment processing account before the refund was issued, they will compensate Decathlon for the refund amount paid out to the Participant.
20. Term and Termination
20.1 These Terms shall be effective as soon as you start to use the App in any capacity and shall remain in effect until they are terminated or you choose to delete your account.
20.2 Should you choose to delete your account or should Decathlon choose to terminate your account, these Terms will no longer apply, with the exception of Terms that by their nature should survive termination, including, but not limited to, limitations of liability, indemnification, choices of law, etc., which shall survive termination in perpetuity.
20.3 Decathlon may, at any time and at its sole discretion, decide to terminate your account if: o you breach these Terms, including, but not limited to, Section 22 below. Decathlon may, at its sole discretion, provide you the option to remedy the breach within a certain amount of time, as per notice;
- you use the App in a manner that is illegal or otherwise not intended by Decathlon;
- you are not legally permitted to use the App, as per local, provincial, or federal law, rules, or regulations or other relevant legislation and would expose Decathlon to legal liability.
20.4 Should Decathlon choose to terminate your account for any reason, it will make reasonable efforts to notify you of the termination, if it so deems notification to be necessary in order to avoid harm to you.
20.5 Decathlon shall not be liable for any loss or damaged experienced by the Organizer or any third part as a result of termination, regardless of the reason.
20.6 You are entitled to terminate and delete your account at any time by contacting us at [email protected]. If you choose to continue using the App following account deletion without registering as an Organizer again, the Terms applicable to Users will still apply to you. Should you not wish to have any Decathlon terms and conditions apply to you, you must cease to use the Decathlon App, Website, and any other platforms created by Decathlon.
20.7 The obligations of the parties under these Terms that by their nature would continue beyond termination of these Terms or account deletion (including, without limitation, the warranties, indemnification obligations, confidentiality requirements, and ownership and property rights) shall survive any such termination or deletion.
21. Updating and Modification of these Terms and the Website
21.1 It is understood that the most recent terms are those in force and are posted on the App. However, we reserve the right to modify, change, and/or update the App and/or these Terms, at our discretion, for any reason, including in order to adapt them to our services, without advanced notice to you. You agree to periodically review these Terms in order to be aware of any such modifications. Any and all such modifications are effective immediately upon posting on the App. Thereafter, continued use of the App shall be deemed as your acceptance and you will be bound by the revised Terms. If we believe the changes are material, we will inform you by sending out an email to all Organizers and registered Users. If you do not wish to accept these Terms, or the revised Terms, you may delete your account by contacting us at [email protected].
21.2 We will not be liable if, for any reason, all or any part of the Website is restricted to you or to Users or unavailable at any time or for any period.
21.3 You acknowledge that clicking the check boxes associated with these Terms upon registration of your account constitutes a consent to contract and constitutes an irrevocable and unconditional acceptance of these Terms.
22. Confidentiality and Privacy
22.2 We take care of putting you in contact with Users. In legal terms, this is called a contract. To properly execute the contract that binds us, we need to process certain information (including personal information concerning you and/or your employees and representatives, if any).
22.3 We process the information necessary for the administration and running of the App, namely names, email addresses, postal addresses, phone numbers, dates of birth, login details, and photographs and video recordings taken during Activities.
22.4 Refusal to provide personal information may deprive you of access to certain services and features otherwise made available through the App. You have a right to access or rectify your personal information by sending a written request to the following address: [email protected].
22.7 In order to use the App, Organizers may also require certain information from Users, including personal information. Organizers must ensure to protect any and all such information. To that extent, Organizers represent, warrant, and agree that:
- they will comply with all applicable local, provincial, and federal laws, rules, and regulations, as well as any other relevant laws, with respect to personal information collected from Users;
23. Content Deletion
23.1 Decathlon may terminate any registration, delete any profile, content, and/or any information published on the App, and/or prohibit the Use of and/or access to the App as soon as it becomes aware of the non-respect by the Organizer of these Terms or for technical reasons. Such modification or deletion may be made without advanced notice and without notification or prior warning, at any time, and at the sole discretion of Decathlon.
23.2 By means of the abuse report procedure mentioned in Section 7 above, any Organizer may inform Decathlon of any Content presumed to be posted in violation of these Terms, attaching all the details necessary for their request to be processed.
23.3 The Organizer also has the possibility to remove Content posted on the App. To do this, a request to remove the Content must be made by sending an email to [email protected]. This request must necessarily be accompanied by the following information: last name, first name, email address used when posting the Content, year of filing, and title of the Content.
23.4 All justified and legitimate requests shall be processed as quickly as possible by Decathlon without any guarantee of immediate removal of the access to the Content. The Organizer acknowledges that Decathlon cannot assume any responsibility in this respect, in particular because of the time required to process the request, technical constraints, or the material impossibility to respond to it, in particular, if the Content has been reproduced by third parties.
24.1. Should one or more provisions of these Terms be declared null or void by application of a law, a regulation, or following a final judicial or administrative decision, all other stipulations will retain their force and scope.
24.2. Decathlon shall make its best efforts to proceed as soon as possible to its replacement by a valid provision with a scope as near as possible to the spirit thereof. The fact that one of the parties has not insisted on the application of any provision of these Terms, whether permanently or temporarily, shall not be construed, under any circumstances, as a waiver of such a provision.
25. Jurisdiction and Applicable Law
25.1 Except where prohibited by legislation, the validity, interpretation, and enforceability of these Terms are governed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. By accessing the App, you irrevocably accept the exclusive jurisdiction of the competent courts located in the judicial districts of Montreal or Longueuil to settle any dispute or claim that arises out of or in connection with these Terms.