General Terms & Conditions of Use
These General Terms & Conditions of Use apply to all users (hereinafter referred to as “User”, “Users” or “you” of the App accessible primarily from the URL https://community.decathlon.ca (hereinafter referred to as “App”), published and provided by Decathlon Canada Inc., whose registered offices are located at 2151 Boulevard Lapinière, Brossard, QC J4W 2T5 (hereinafter referred to as “Decathlon” or “We”).
The Decathlon Canada company belongs to the “DECATHLON Group”. The latter includes the DECATHLON SA company and all the companies directly or indirectly held by it with a minimum of 10% of the capital or voting rights (hereinafter referred to as “DECATHLON Subsidiaries” or “Companies of the DECATHLON Group”).
By installing the App on your terminal and/or by accessing the App as a visitor and/or user, you accept unconditionally and without any reservation all the General Terms & Conditions of Use as defined hereinafter. These General Terms & Conditions of Use may be subject to change. Accordingly, it is understood that the applicable General Terms & Conditions of Use are those in force posted on the site of the App at the time of its use. You have the option to save or print the General Terms & Conditions of Use.
Terms & Conditions of Use
For the purposes herein, the term “Use” includes all the operations performed by the Internet 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).
The App published and provided by Decathlon is also available to be downloaded by the User for free to their Apple iOS, Windows or Android device in Apple’s “Apple Store” and Google’s “Google Play Store”. The App includes the content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other items and services it is composed of, its updates and the new versions that may be included in the App by Decathlon.
Access to and use of this App is reserved for adult individuals who have downloaded the App for their specific personal needs.
Access and Identifiers
You are responsible for the compatibility of your equipment and its compliance with all specific requirements that allow you to access the App. In addition, you are responsible for providing appropriate computer security (including antivirus software and other security controls) to meet your specific needs concerning security and content reliability.
Access to certain services offered by the App may require the creation of an account in accordance with this Agreement and the laws in force regarding the processing of personal information. If you choose or receive login credentials (such as a username or password) as part of our security procedures, you must maintain the confidentiality of this information and not disclose it to any other person. You agree unconditionally that your identity card constitutes proof of your identity and that you agree to protect the information in your account, to supervise it and to be fully responsible for any use of your account by any person other than you, including your interaction and communication with third parties. You must immediately notify us of any unauthorized use or security breach you become aware of.
We reserve the right, at our sole discretion, not to confirm, to suspend or to delete login credentials and/or to prohibit the use and/or access to the App and/or to deny somebody the access to the App at any time and for any reason whatsoever.
The User is responsible for everything that may happen in their name and from their terminal. The User agrees to immediately notify the App if they have any reason to believe that their nickname or email address is, or may be, known to a person not authorized to use it. The App declines any liability for the use of a User’s personal information by an unauthorized third party.
The App allows the Users to find sports activities in their vicinity, adapted to their needs and their budget. This involves a qualitative referencing of places of practice, such as gymnasiums, swimming pools, yoga studios, by means of a contact with the clubs offering these activities and by a partnership with coaches who will be able to offer their courses via a reservation system integrated into the App.
The App allows the User to:
- Create an account and access places to practice sports;
- Add content (photos, opinions, videos, texts);
- Discover the services offered by Decathlon and Decathlon’s partners;
- Post opinions about the places of practice;
- Post photos and/or videos related to the places of practice;
- Participate in the games and contests offered by the Decathlon Website or the App;
- Access and post questions and/or answers posted by other Users about the places of practice;
- Learn about all the sports activities made available via the App by a Decathlon store, by an independent sports coach or by a sports club with the necessary skills and certificates;
- Enrol in sports coaching sessions or sports initiation activities offered by a Decathlon store, an independent sports coach or a sports club (hereinafter referred to as “Activities”), whether free or paid.
The list of features is provided for information purposes only. The App reserves the right to add items or delete them, temporarily or permanently, without the need of the User’s consent.
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 by the App. This function may be disabled or enabled at any time free of charge. With the acceptance of the GPS geolocation function of the mobile phone 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.
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.
Links to Other Websites
In order to provide the Users with as much information as possible, the App may include links to third-party services, products, offers or promotions. The App accepts no responsibility and offers no guarantee to the User that this third-party information is up-to-date, correct or complete. Furthermore, the possible visit to any other website from the App does not constitute an approval by Decathlon of the contents of this other site. Decathlon disclaims any liability for these other websites and the information contained therein.
The User can check at any time whether they are within the App or the website of a third party by checking the URL address at the top of the screen.
The user is especially forbidden to:
- Commit any illegal act;
- Extract or collect personal information about the Users of the App by any means whatsoever;
- Extract, record or exploit third-party contents 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, the 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 of a third party;
- Store, distribute or publish any content that may directly or indirectly jeopardize the interests of the DECATHLON Group.
In general, the User agrees to refrain from any behavior contrary to sports ethics or the values and interests of the DECATHLON Group.
Publication of Content
In order to promote User interaction, the App offers them various services and permanent modules for posting content, in particular, of the Photo Sharing module. 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.
All Content that may be subject to ownership rights, intellectual property rights, image rights or other proprietary rights remain the property of the User, subject to the limited rights granted by the license to the Companies of the DECATHLON Group or the App, as defined below, 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 Site 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 to possess all the rights and authorizations necessary for such publication on the App, in particular under the legislation in force and the privacy rights, property rights, intellectual property rights, image rights, contractual rights or those of any other nature. By posting Content on the App, Users grant the Decathlon Group, for the entire duration of the publication, a non-exclusive, 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.
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 that a Content can become automatically accessible on the Internet, in particular on other sites and/or blogs and/or 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 Article 9 of these General Terms & Conditions of Use.
By posting an opinion or comment via the DECATHLON Opinion Service, the User acknowledges that this opinion becomes public and grants the companies of the DECATHLON Group and their 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, all of this worldwide.
Decathlon is committed to create 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 non-conforming Content will be systematically removed from the Site.
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 the “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 & Conditions 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.
Limitation of Liability
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 executives, managers, employees, licensors, content providers, service providers, representatives and agents (collectively, the “Decathlon Representatives”) make no representations, 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 Site or its content, including:
- An implied guarantee or condition of marketability 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 User or will be compatible with the User’s requirements concerning computers or related equipment or software;
- A guarantee that the App or its content are 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 User understands and agrees that they must verify any information before making any decision regarding the content of the App.
The Representatives make no representations and do not guarantee that the App or its content are 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.
Users who browse the App acknowledge that they are doing so at their own risk. Decathlon and any 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 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.
Not applicable to consumers in Quebec: The User expressly acknowledges that Decathlon, its executives, managers, employees and agents cannot be sued because of damages suffered by the User for the use of the App and no compensation will be awarded to the User.
If the User suffers any damage or disagrees in any way with the General Terms & Conditions of Use, the User is prompted to leave the App without delay.
Decathlon does not control statements made by third parties and cannot be responsible for their actions, their behavior (online or offline) or their content (in particular illegal or objectionable content). Decathlon is not liable for services and features offered by other people or companies, even if you access them through the App.
Decathlon may terminate any registration and/or delete any profile and/or any 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 General Terms & Conditions of Use or for technical reasons. Such modification or deletion may be made without advance notice, without notification or prior warning, at any time and at the sole discretion of Decathlon.
By means of the Report Abuse procedure, any User may inform the App of any Content presumed to be posted in violation of these Terms & Conditions of Use, attaching all the details necessary for their request to be processed.
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, title of the Content.
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.
Confidentiality and Privacy
Should one or more provisions of these General Terms & Conditions of Use 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.
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 General Terms & Conditions of Use, whether permanently or temporarily, shall not be construed, under any circumstances, as a waiver of such a provision.
Jurisdiction and Applicable Law
Without prejudice to your right to bring a legal action against Decathlon before any competent court, these General Terms & Conditions of Use are governed and interpreted in accordance with the laws applicable in the Province of Quebec, in Canada. If you act as a legal person, you accept the exclusive jurisdiction of the competent courts located in the judicial districts of Montreal or Longueuil.
Updating of These General Terms & Conditions of Use
We may modify the App and make changes to these General Terms & Conditions of Use in order to adapt them to our service. Unless otherwise required by law, we will notify you before making any changes to these General Terms and Conditions of Use and provide you with an opportunity to review them before they come into force. Thereafter, if you continue to use the App, you will be bound by the revised General Terms & Conditions of Use. If you do not wish to accept these General Terms & Conditions of Use, or the revised General Terms & Conditions of Use, you may delete your account by contacting us at firstname.lastname@example.org.