Terms and conditions of use
1. Service legal notice
The "Service Provider" is: Corporate form: eBrands Global Oy, Website: www.senseball.com, E-mail address: firstname.lastname@example.org, Trade Register: 3181726-7, Registered office address: Pieni Roobertinkatu 9, 00130 Helsinki, Finland, VAT number: FI31817267.
2. Purpose of the service and general terms and conditions
The Service consists of the sale of a training method, on the one hand involving a theoretical part in the form of distance learning (basically video), and on the other practical exercises based on special equipment created for this method consisting of a ball of a specific size attached to an adjustable cord held in the hand by means of a specially devised handle. The equipment in question is hereafter called the “Article”.
The purpose of these General Terms and Conditions of Use is to set out the provisions applicable to all uses of the Service, especially access to the Service and its use by a user (hereafter the “User”).
Use of the Service involves the unreserved acceptance of the General Terms and Conditions of Use. If the User does not accept the General Terms and Conditions of Use, s/he may not use the Service and has the option to leave the Service immediately.
3. Conditions and means of access to the service
The Provider shall make every possible effort to keep the Service accessible 24/7.
The Provider reserves the right to interrupt, temporarily suspend or change without notice access to all or part of the Service, in order to ensure its maintenance, upgrade it or for any other reason, especially technical, without such manoeuvres involving any obligation or compensation.
3.2. User account
The creation of an account involves identifying the User.
Access to the User account is reserved for the User after identification by means of his/her username and password freely chosen by the User.
When creating the account and during registration, the User undertakes to provide exact, full and up-to-date information.
The User is the sole guarantor of the information stored in his/her account. S/he may add, change or remove them at any time.
The User acknowledges that his/her password is strictly personal and confidential. Use of the username and password on the internet is at the User’s own risk. It is his/her responsibility to take all necessary steps to protect his/her data against any infringement. To this end, The Provider cannot be held liable for any fraudulent access to his/her account of any changes made thereto.
All Users may delete his/her account by following the unregistration procedure available at the Service.
3.3. User duties
By accessing, visiting or using the Service, the User guarantees and certifies that s/he :
- will be responsible for all use made of the Service by him/herself or by anyone using his/her password.
3.4. Prohibition of illegal or illicit use
The User is informed that all current laws and regulations are applicable on the internet.
The User certifies that s/he will not use the Service for purposes that are illegal or prohibited by law or the General Terms and Conditions of Use.
Without limitation, the User shall under no circumstances:
- Intercept or attempt to intercept e-mails or any other private communication not addressed to him/her ;
- Use any means that might limit the peaceable use of the Service by a third party ;
- Send electronic mail to other users of the internet, for any reason other than an individual communication and in particular, use the Service as an instrument of mass communication in order to communicate a message of a general nature and unsolicited by the addressees ;
- Introduce him/herself as an employee, agent or servant of the Provider ;
- Use all or part of the data supplied and collected by the Service for any commercial purpose.
Depending on his/her State of origin, the user may also be subject to special regulations that s/he undertakes to ascertain and respect.
4. Guarantee and responsibility
The Service and its content are provided in “the state”, “as are” and without any express or implied guarantee as regards the conditions of their use and/or their availability.
4.1. Quality of information and content
The Provider is only under a best endeavours obligation; it does not bear any obligation of result of any kind whatsoever.
Generally speaking, the Provider does not guarantee the completeness, comprehensiveness, accuracy, legitimacy, reliability or availability of the content and information of the services offered. It will implement all of the means available in order to offer a quality content to users but may not, under any circumstances, accept any responsibility for any consequence whatsoever, resulting in particular from the use of its services by the users or resulting from information issued via these services. This information is under the responsibility of each User providing it, defining its parameters, modifying and controlling it.
The Provider endeavours reasonably and with due diligence to maintain the operational security and integrity of the Service by adopting security measures appropriate to the nature of the data and the risks inherent in its activity. However, many factors outside of the Provider’s control can interfere with the operation of the Service. Therefore, the Provider does not guarantee continuous, uninterrupted or secure access to its Services. Correlatively, The Service Provider may in no case be responsible for an interruption of access to the Service, and of the consequences that may arise therefrom.
The Provider can never be held responsible for any damages (direct or indirect) or temporary or permanent incident that may be caused to the User’s computer data or hardware when accessing the Service or during a visit to his/her account or generally during the transmission on his/her receiving device of files and software that comprise the Service. In particular, the Provider is not responsible for the possible transmission of a virus through its Service.
The Provider is not responsible for the fraudulent use of its means of dissemination and disclaims all liability in the event of intrusion into its computer systems and data theft, it being understood that the Provider implements the useful means in order to prevent such illegal intrusions.
Despite its efforts to ensure the accuracy of the information and/or documents on the Service, the Provider disclaims all liability of any nature whatsoever, in the event of inaccuracy or failure to update information and/or a document present on the Service.
Within the limits laid down by the law, the Provider shall not be held responsible for the damages sustained by the User related to a case of force majeure or linked to any commercial harm, loss of goodwill, loss of brand image, commercial problems or any other special damages, fortuitous or indirect arising out of or in connection with the Service or these General Terms and Conditions of Use.
5. User responsibility with respect to the provider
5.1. User content
In publishing information and content such as photos, documents, comments, or feedback on the Service, each thus makes his/her contribution to the dialogue and to the running of the Service of the Provider.
In order for this dialogue to take place properly and for the service to be effective, each User undertakes to respect all of these General Terms and Conditions of Use and legal regulations applicable.
5.2. Responsibility for content
S/he thus recognizes s/he is solely responsible for the content s/he posts online or through his/her account, for all the consequences that may arise from his/her contributions, for any breach of his/her obligations under the provisions or legal notices applicable to this Service, and for all the consequences of such breach.
5.3. Information supplied
The information that the User supplies may not :
- be false, inaccurate or misleading (it must, therefore, be as true and verified as possible) ;
- be defamatory, unlawfully threatening or pestering ;
- be obscene (pornography, paedophilia), against the public order and morality ;
- involve attacks or insinuation based on race, beliefs or the absence thereof, ethnic origins, gender or sexual orientation ;
- contain viruses, Trojans, or any other computer programme whose aim is to undermine, intercept or expropriate from the system, data or personal information ;
- violate the rights of third parties such as intellectual property rights, the right to protection of one’s private life and personal data, etc.
Therefore, the User must ensure that any information and/or document from a third party, included in the information s/he supplies, is used with the prior express authorization of the third party in question.
When the User puts content online that is protected by intellectual property (photo, text, drawing, etc.), s/he undertakes to check beforehand that the holder of the rights consents thereto. In addition, when the content put online is a photo representing an identified or identifiable person, the User undertakes to check beforehand that the latter has expressed his/her agreement, even if the User is also the author of said photo.
The User guarantees and will indemnify the Provider for any claim and/or procedure initiated by a third party, in whatever form and nature, which may be attached directly or indirectly to the information supplied and other distributed content or which might arise from User behaviour contrary to these General Terms and Conditions of Use.
In this sense, the User will bear the full damages and interest to which the Provider might be sentenced as well as the legal costs and honoraria incurred by the Provider. The service provider undertakes to inform the User as soon as possible of such a legal action.
The Provider reserves the right, at its own choice and expense, to participate in the defence and/or friendly settlement of a claim or to assume only the defence and the control of the procedure, without releasing the User of its obligations to pay damages. The User may in no case accept an amicable solution that would question the responsibility of the Provider or would encumber it with any obligation, without the prior consent of the Provider.
5.5. Content withdrawal/modification
6. Hyperlinks to other services
The Service may refer users to other services over which it has no control either technically or as regards their content. The existence of a hyperlink to another service does not constitute a validation of this service or its content.
The Provider cannot therefore offer any guarantee as to the completeness or accuracy of the content of these third party services, other than in relation to their availability.
The Provider disclaims any responsibility for the direct or indirect damages resulting from the consultation or the use of web services to which the Service refers or the information published on these services. It also disclaims any responsibility regarding the processing of personal data on these services.
7. Intellectual property rights
7.1. Provider intellectual property
The Provider only grants the User a free, personal, unexclusive and non-transferable right of access to and use of the Service, subject to these General Terms and Conditions of Use.
The User is thus authorized to use the Service content for his/her personal information, as a source of information or data collection.
The Service (considered as an inseparable whole) and the different features contained on the Service (such as texts, photographs, catalogues, page layouts, trademarks, logos, illustrations, specific software, videos) are protected by intellectual property rights owned by the Provider or its licensors. Where appropriate, they have been authorized for publication, dissemination or a right of use acquired from these third parties.
The logo, the name of the products, services or the name of companies mentioned on this Service are likely to constitute trademarks, trade names and company names of their respective title holders. The User expressly undertakes to abide by these intellectual property rights.
Subject to the exceptions provided by law, this list not being exhaustive, the User shall not: modify, copy, distribute, transmit, distribute, publish, licence, transfer, sell, reproduce or have reproduced any or part of the information, software, products or services obtained from the Service, temporarily or permanently, by any method, known or unknown, on any medium, without the prior written consent of the Provider. Failure to observe this prohibition shall constitute an infringement that may result in the civil and criminal liability of the infringer.
Hyperlinks to the Service are tolerated provided they refer to the home page and do not contain any denigrating or defamatory remarks concerning the Service.
7.2. User intellectual property rights
For the contents protected by intellectual property rights of which the User may be the title holder, the User grants the Provider a non-exclusive, transferable, sub-licensable, royalty-free and world wide licence for the use, reproduction, modification, translation, distribution, adaptation and communication of these contents published on the Service or sent by way of electronic mail. This licence shall apply throughout the legal duration of copyright.
In the case of contribution (testimony, advice, recommendation) this licence will also allow the Provider to publish the testimony or the advice of the User on the whole of the Service or certain Users who may have some interest therein. It will also allow him/her to modify or remove them when necessary within the context of the Service administration. This licence includes the moral rights that the User could possess and which s/he waives unless s/he can demonstrate that the modification in question harms his/her honour or reputation.
8. Confidentiality and respect
The User agrees to treat as strictly confidential and not to pass on to third parties the information, images or other content arising from an activity related to the Provider.
The User is also prohibited to use the information obtained from the Service in order to mistreat, harass or injure another person, or in order to contact, promote, solicit, or sell to the information relating to such person, without his/her explicit prior consent.
9. Processing of personal data
10. Deleting the account
The Provider may delete an account on its own initiative. This deletion may be due to account inactivity for a given period of time, and/or a temporary measure taken by the Service against a suspicious account, for example, when the Provider may have good reason to believe that the User does not comply with these General Terms and Conditions of Use, and/or when a request is made by a third party or their delegated competent representative, who alleges a violation of the rights of the former. The User cannot claim any compensation for this deletion, even when the suspicion or allegation proves to be mistaken.
11. Miscellaneous provisions
11.1. Modification of the General Terms and Conditions of Use
The General Terms and Conditions of Use may be modified by the Provider at any time without notice in accordance with the modifications made to the Service, or changes in legislation, or for any other legitimate reason.
In the particular case of a necessary adaptation of the Service to reflect legislative changes, the Provider will do its utmost to perform these adaptations as quickly as possible. During this period, Service Users recognize that the Provider shall not be held liable for temporary shortcomings of conformity.
The new General Terms and Conditions of Use will be put on line with the date of modification and immediately applicable to all Users.
The version of the General Terms and Conditions of Use that is binding for the parties is permanently available on the Service.
Users undertake to keep themselves informed of such modifications by regularly consulting the Service page displaying the General Terms and Conditions of Use.
11.2. Agreement on proof
The Provider and the User agree that they can proceed with the exchange of information required for the Service by electronic means. All electronic communication between the parties is presumed to have the same probative force as paper-based communication. Users’ utilization of their username shall entitle the Service to be of the understanding that it is the User him/herself who is using the Service.
A hard copy of the General Terms and Conditions of Use and of any warning delivered in electronic form will be accepted in any legal or administrative proceedings associated with this contractual relationship, in the same way and under the same conditions as other documents and commercial records created and stored as hard copies.
If one or several clauses of the General Terms and Conditions of Use were to be declared null and void, invalid, illegal or inapplicable under the applicable law, such situation shall not affect the validity of the remaining clauses. The clause that is null and void, invalid, illegal or inapplicable shall be replaced retroactively by a valid and applicable clause whose content is as similar as possible to that of the original clause.
11.4. Entirety of agreements
11.5. Force majeure
Notwithstanding any provisions to the contrary, neither party shall be held responsible for a delay in the execution or non-execution of their obligations resulting from events of force majeure (such as strikes, wars, earthquakes, disasters of any kind, the direct or indirect effects of explosions, fires, conditions of extreme heat, flooding or any other case of external, unpredictable, irresistible force majeure, as the concept is defined under Belgian law).
These General Terms and Conditions of Use cannot in any case be considered as a partnership, joint venture or any other association between the parties, and neither party can be considered as the agent or employee of the other.
In the event of a dispute between Users of the Service or between Users and a third party, the Provider has no obligation to become involved. The User shall release the Provider, its directors, employees and other members from any known or unknown proceedings, damages and interests of any nature in respect of such conflicts to which s/he is linked.
All communications or notifications to the User will be valid if addressed to the e-mail address s/he has provided, even if it is not valid.
11.8. Applicable law and court jurisdiction
The General Terms and Conditions of Use are governed by and interpreted in accordance with Belgian law.
Any disputes related to the use of this Service and the validity, interpretation, execution or non-execution of these General Terms and Conditions of Use will be subject to the exclusive jurisdiction of the Belgian courts, and this for all types of procedure.