General Terms & Conditions for Users and Participants
Welcome to Decathlon Activities!
We know that you want to discover and practice sports in your city and we want to help. Our App provides a better way to meet new people who want to move together. We ask that you please read and follow these Terms and Conditions carefully, as they contain important information.
1. Acceptance of these Terms
1.1 These General Terms & Conditions for Users and Participants (as they may be updated from time to time, “Terms”) apply to all consumers (hereinafter referred to as “User”, “Users”, or “you”, or as the case may be, “Participant” or “Participants”) of the Decathlon Activities mobile application and the website found at https://activities.decathlon.ca (individually and collectively, “App”), published and provided by Decathlon Canada Inc. (“Decathlon”, “we”, or “us”). Users browse for sports coaching sessions, sports events, or other sports related activities (individually, “Activity” and collectively, “Activities”) offered by registered organizers (individually, “Organizer, collectively, “Organizers”) 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 allows the Users to find activities in their vicinity, adapted to their needs and their budget. This involves offering a platform through which Decathlon, Decathlon’s partners, and third-party Organizers offer sports coaching sessions and other activities, as more fully described in the App, at various locations (“Places of Practice”) via a registration system integrated into the App (“Services”). If you offer such Services, the Organizer Terms of Service apply to you.
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 specified in Section 15 below.
3.3 If you choose to use the App as a User or Participant, you recognize and accept that your use does not create a contractual relationship between you and Decathlon. Organizers are independent, third-party contractors, not employees, agents, joint venturers, or partners of Decathlon for any reason, and act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of Decathlon. Decathlon does not, and shall not be deemed to, direct or control Organizers generally or in their performance under these Terms specifically, including in connection with Organizers’ provision of the Activities.
4. Among other things, the App allows the User to:
4.1 Among other things, the App allows the User to:
- create an account;
- Add content (photos, opinions, videos, texts, questions, and answers) related to Decathlon, third-party organizers, the Activities, the Places of Practice, and the App;
- Learn more about the Activities and other products and Services offered by Decathlon, Decathlon’s partners, and third-party Organizers;
- Participate in the games and contests offered by and through the Decathlon Activities mobile application and Website;
- Enrol in the Activities, whether offered free of charge or subject to a fee; and
- Pay for the Activities through a third-party payment processor, where offered subject to a fee.
4.2 The list of features is provided for information purposes only. Decathlon reserves the right to add items or delete them, temporarily or permanently, without the need of the User’s consent.
4.3 The use of the App’s geolocation function requires the express prior consent of the User whose location is to be geolocated. For this purpose, and if they wish to do so, the User must activate the geolocation function directly in the settings of their mobile device and accept the use thereof. This function may be disabled or enabled at any time free of charge. With the acceptance of the GPS geolocation function of the mobile device and the App, the User can inform the location where the User scans and sends the information related to the products and receive informational or commercial messages during the session of use of the App.
4.4 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 Users.
4.5 In order to provide the Users with as much information as possible, the App may include links to third-party websites offering services, products, offers, or promotions (“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. Registering for an Activity
5.1 In order to register for an Activity, the User must set up a Participant account by providing the following information: name, email, country, and language preference.
5.2 Once registered, Users may browse available Activities.
5.3 Registration for an Activity requires the User’s name and postal. Should the User wish to register on behalf of a minor, the minor’s name should be listed on the registration form.
5.4 Multiple registrations using the same account. Users may register more than one Participant for the same Activity using the same account (“Additional Participant”). Additional Participant must be below the age of majority in the province or territory in which they reside and the Participant must be the parent or legal guardian of the Additional Participant. By registering minors through their account, Users accept these Terms on behalf of the minors
6. User Obligations and Conduct
6.1 Users are forbidden to:
- Commit any illegal act;
- Extract or collect personal information about other Users of the App by any means whatsoever;
- 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 rights of image of persons and property, intellectual property rights, or the right to privacy;
- Store, disseminate, or publish any information that reveals, directly or indirectly, a User’s political, philosophical, or 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;
- Store, distribute, or publish any content that may directly or indirectly jeopardize the interests of the Decathlon Group.
6.2 In general, the User agrees to refrain from any behaviour contrary to sports ethics or the values and interests of the Decathlon Group.
6.3 Our goal is to promote safe and respectful Activities. If you learn of any listing, content, or an event that may violate these Terms, please contact us at email@example.com 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 and not result in your desired action. We truly value your feedback and the opportunity to hear from our community.
6.4 If we determine that the content violates our Terms, 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.
6.5 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 firstname.lastname@example.org as soon as possible.
7. Conditions of Use
7.1 Access to, and Use of, the App by a User is reserved for adult individuals, who have reached the age of majority in their jurisdiction of residence and who wish to browse or register for an Activity. The App may be Used by an adult on behalf of a minor for the purpose of registering the minor for age-appropriate Activities. Participants registering for an Activity on behalf of a minor represent and warrant that they are the parent or legal guardian of the minor, that they authorize the minor to participate in the Activity, and that they accept to be bound by these Terms personally and on behalf of the minor.
7.2 Access to the App’s Services for the purpose of registering for an Activity is subject to the creation of an account requiring disclosure by the Participant of information allowing their identification.
7.3 Participants acknowledge 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 Participant will therefore be asked to accept an Image Release Form upon registration by checking off a box, whereby the Participant grants release and copyright of the images to Decathlon. At certain Activities, Organizers may also wish to film or photograph participants for use in marketing and promotion. In such cases, Participant would be asked to sign an Image Release Form granting and releasing copyright of the images to the Organizer. Should the Participant not wish to be filmed or photographed by Decathlon or the Organizer, as applicable, they are not required to accept the terms of the Image Release Form. Participant acknowledges that refusal to sign the Image Release Form may restrict the Participant’s ability to partake in the Activity or to choose where they stand in the room. All videos and photographs produced at Activities at Decathlon Places of Practice shall be the exclusive property of either Decathlon or the Organizer, as applicable.
7.4 Participants further acknowledge that some Activities may require all Participants to be filmed and/or photographed. Should this be the case, refusal to sign an image release form may prevent the Participant from attending a specific Activity.
7.5 Compliance with Safety Instructions and Acknowledgement of Risk. You undertake to respect any and all safety instructions offered by the Organizer of the Activity in which they participate and to wear and/or to use any necessary protective equipment recommended during the entire duration of the Activity. You understand and agree that participation in Activities carries inherent risk and, by participating in Activities, you acknowledge that you possess the physical fitness to participate in the specific Activity for which you registered and choose to assume the inherent risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. If you have any questions regarding risks, you agree that it is your sole responsibility to ask such questions prior to participating in the Activity.
7.6 You represent and warrant that you are in good physical health, that you have no medical condition or illness that may negatively impact your participation in the Activity for which you registered, and that you are able to engage in such Activity without endangering yourself or others. If, at any time during their participation in an Activity, you notice that you are physically unable to participate and/or are endangering yourself or others, you agree to immediately cease your participation in the Activity.
8. Intellectual Property Rights – Content Published on the App
8.1 The App and all its content are protected by copyright. Certain names, words, titles, logos, graphics, or designs and certain phrases or icons appearing on the App are trademarks, trade names, exclusive presentations, or related products and services belonging to Decathlon or the Decathlon Group, its partners, licensors, content providers, service providers or subcontractors, or other third parties (collectively, “Trademarks”) and may be protected, and their display on the App does not imply the transfer or creation of a license or other rights concerning the Trademarks. Subject to the Terms herein, no other use is permitted and no part of the content of the App may be copied, resold, reproduced, distributed, republished, downloaded, represented, displayed, or transmitted by any method whatsoever, including electronic, mechanical, or by photocopying, recording, or otherwise without the prior written permission of Decathlon or the owner of the intellectual property right. The User is granted a non-exclusive, non-transferable, not sublicensable, revocable license, limited to copying, downloading, displaying on their computer, printing, and using the content of the App solely for information purposes, and only for personal use.
9. Intellectual Property Rights – Content Posted by Users
9.1 In order to promote User interaction, the App offers Users various services and permanent modules for posting content. For the purposes herein, “Content” is defined as any item posted by the User on the App, such as text, comment, image, photo, video, or any type of file, regardless of its content or form.
9.2 All Content that may be subject to ownership rights, intellectual property rights, image rights, or other proprietary rights remains the property of the User, subject to the limited rights granted by the license to 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. Users are free to publish or not such Content on the App via the Photo Sharing service and accept that this Content becomes public and freely accessible, in particular on the Internet. They acknowledge, undertake, and guarantee that they 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 right of any other nature. By posting Content on the App, Users grant 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 of the App.
9.3 Users also authorize the use of their name in association with the Content and acknowledge that this association may not be always made. By posting Content, Users authorize and accept that 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. Users may request Decathlon to stop publishing the Content in accordance with the provisions set out in Section 20 of these Terms.
9.4 By posting any Content on the App, the User acknowledges that this opinion becomes public and grants the Decathlon Group and its duly authorized partners the right to use, store, publish, translate, create derivative works, exploit, distribute, and display the content, in whole or in part, concerning the opinion and/or comment under the possible protection of any intellectual property rights of which they could benefit, and to use the name and/or surname provided with the opinion or comment for any purpose, in particular, marketing and advertising, on any media, including the Internet, newsletters, display, signposting, advertising at the place of sale, flyers, advertisements, magazines, television and radio, and similar media, worldwide.
9.5 Decathlon is committed to creating awareness among its Users concerning the posting of Content such as shots or other photos of Users. Decathlon draws the attention of its Users to the need to post or share photographs, images, or videos that are respectful and in keeping with sports ethics and the values of the Decathlon Group. Any Content violating rights of third parties or non-conforming Content will be systematically removed from the App.
10. Representations and Warranties
10.1 You represent and warrant that:
- you have the right, power, and authority to accept these Terms;
- you own all interest in and to the Content you post on the App and have the right to grant Decathlon a license; and
- your Content does not include any material that gives rise to civil liability or otherwise violates any federal or provincial law.
11. Access and Use of the App
11.1 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.
11.2 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.
11.3 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.
11.4 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.
12. Limitation of Liability
12.1 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, USER 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 CAPPED AT AN AMOUNT OF $100CAD AND NO MORE.
12.2 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.
12.3 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.
13.1 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.
14. Pricing and Refunds
14.1 Registration for a Participant account is free of charge. Some Activities are offered for free, while others require a registration fee. These fees are determined by the Organizer and are not set by Decathlon. Prices presented on an Activity description do not include taxes.
14.2 Activities for which a registration fee is required shall also be subject to a five percent (5%) booking/transaction fee, which shall be added to the price of the Activity at the time of booking. Booking/transaction fees shall be capped at a maximum of five dollars ($5.00) per Activity, for stand-alone Activities, or per package, if applicable.
14.3 Registration is not transferrable. Participant acknowledges that, should they no longer wish to attend an event, they must cancel their registration via the cancellation link provided in their registration confirmation.
14.4 If an Activity is cancelled by Decathlon, Decathlon’s partners, or a third-party Organizer, registered Participants will be issued a full refund by Decathlon.
14.5 If a Participant cancels their registration up to 24 hours prior to an Activity, they will receive a full refund from Decathlon. Cancellation by a Participant within 24 hours of the Activity will not be refunded.
14.6 As indicated in Section 4.5 above, Participants acknowledge that certain Decathlon partners, which utilize external third-party websites for registration, may adhere to a cancellation and refund policy that differs from that stated above. As such, when registering for an Activity through a third-party website, Participants are required to take note of the applicable cancellation and refund policy and deadline. Decathlon will not compensate registrations that violation these policies.
14.7 Participant acknowledges that full refunds will be issued up to 24 hours prior to an Activity. Participants wishing to request a refund for other reasons are asked to contact us at email@example.com.
14.8 Users are requested to refrain from contacting Organizers regarding refunds.
15.1 Coupons and Promotional Codes. From time to time, and at its sole discretion, Decathlon may offer coupons or promotional codes that may be redeemed in registering for any qualifying Activity (“Promo Codes”). Promo Codes may only be used once. Only one Promo Code may be used per transaction. In the event of cancellation of an Activity that was paid for using a Promo Code, you must contact Customer Support and will be given a new Promo Code. You agree that Promo Codes: (i) must be used for the intended audience and purpose and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards, or cash equivalents; and (vi) may expire prior to your use, as indicated with the specific promo code.
15.2 No cash payments. Participants may only register for Activities with registration fees through electronic payment means (credit card, etc.).
15.3 Decathlon and the App utilize a third party payment processor in order to facilitate payments between Organizers and Participants. The third party payment processor receives and holds payment from Participants, not Decathlon. Users 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.
15.4 Following purchase of a paid Activity, Participants receive a payment confirmation to the email provided on their account. This confirmation serves as the Participant’s proof of purchase and contains all relevant reference to applicable terms, as well as the cancellation/refund policy.
15.5 By providing a credit card or other acceptable payment method, Users represent and warrant that they are authorized to use the designated payment method and that they authorize the third-party payment processor selected by Decathlon to charge their payment method for all charges incurred in relation to the purchase of an Activity from the provider thereof, whether Decathlon, Decathlon’s partner, or a third-party Organizer. Users are responsible for, and agree to pay, all such charges, including applicable taxes, to Decathlon, Decathlon’s partner, or a third-party Organizer, as applicable. Any applicable taxes and charges, if any, are not included in the prices indicated on the App, but they will be indicated at checkout.
16. Cancellation and Modification
16.1 Decathlon, Decathlon’s partners, and third-party Organizers reserve the right, in their sole and absolute discretion, to cancel or to modify the offer and/or schedule of the Activities available via the App, at any time, without incurring any liability or obligation whatsoever to you or any other person or entity. In such circumstances, Participants will be notified of any and all such cancellation and modifications via the App.
16.2 Participants’ right to cancel their registration for an Activity and the conditions applicable to such right are set out in the confirmation email sent following registration and in Section 14 of these Terms.
17. Term and Termination
17.1 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.
17.2 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..
17.3 Decathlon may, at any time and at its sole discretion, decide to terminate your account if:
- you breach these Terms, including, but not limited to, Section 19 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.
17.4 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.
17.5 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.
17.6 You are entitled to terminate and delete your account at any time by contacting us at firstname.lastname@example.org. If you choose to continue using the App following account deletion without registering as a Participant 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 and any other platforms created by Decathlon.
17.7 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.
18. Updating and Modification of these Terms and the Website
18.1 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 service, 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 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@example.com.
18.2 We will not be liable if, for any reason, all or any part of the Website is restricted to Users or unavailable at any time or for any period.
18.3 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.
19. Confidentiality and Privacy
19.2 Any personal information that may be collected during the use of the App will be processed and stored by Decathlon. 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: firstname.lastname@example.org.
20. Content Deletion
20.1 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 User 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.
20.2 By means of the abuse report procedure mentioned in Section 6, any User 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.
20.3 The User also has the possibility to remove Content posted on the App. To do this, a request to remove the Content must be made using the contact form. This request must necessarily be accompanied by information enabling the identification of the Content concerned. For Content posted via the “Photo Sharing” service, the information needed for removal is the following: last name, first name, email address used when posting the Content, year of filing, and title of the Content.
20.4 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 User 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.
21.1 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.
21.2 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.
22. Jurisdiction and Applicable Law
22.1 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.