GENERAL TERMS OF USE

General terms of use

This page contains the General Terms of Use agreed to between any user of this website and Kipsta.

Preamble

These Terms of Use are agreed to between any user of the website (hereafter known as User) and the Kipsta website operated by Decathlon SA, a shareholding company with a capital of €10,450,000, registered with the Lille Metropole commerce bureau under number B306138900, and having its headquarters at 4 Boulevard de Mons 59650 Villeneuve d'Ascq, hereafter known as "Website". The Kipsta Website is the property of Decathlon Group. Decathlon includes the Decathlon SA and all of the companies in which the latter directly or indirectly holds a minimum of 10% of the capital shares or voting rights (hereafter known as "Decathlon Subsidiaries" or "Companies of the Decathlon Group").

The Kipsta Website refers to the website accessible primarily through the URL www.kipsta.fr and which grants Users access to the functionality described in Article 2. Kipsta limits use of the Website to Users acting as private individuals and accessing the Website at a normal rate. Use of or access to the Website is strictly prohibited to any physical person or legal entity who uses the Website for commercial purposes or as part of an auxiliary business activity.

For the purposes of this agreement, the term "Use" includes all operations performed by the User when accessing the Website, including simply viewing the Website, regardless of the means of access (including computer, tablet, or phone), the type of connection (private connection, third-party connection, or public Wi-Fi), and the source location of the connection (from France or another country).

Any Use of the Website implies the unconditional acceptance of these General Terms of Use by the User. These Terms of Use are subject to change. Therefore, it is understood that the applicable terms are those in effect at the time of Use of the Website.

1 - Functionality provided by the website

The Website allows the User to:

Find articles published and services offered by Decathlon;
Find advice and tips on products, their use, etc.;
Purchase products online by means of redirects to the website www.decathlon.fr;
Post reviews on products sold by the Decathlon Group.

This list of features is for information purposes only. The Website reserves the right to add or remove features, either temporarily or permanently, without the consent of the User.

2 - Terms of use of the website

2.1 Use of the Website is limited to persons of legal age acting as private individuals, as well as to minors having parental authorization. Kipsta encourages any parent or guardian of a minor to supervise the latter's access to the Website under all circumstances.

2.2 Access to certain services provided by the Website may be subject to the creation of an Account by the User which may require the User to provide certain information used for identification purposes. Under the provisions of the French Digital Trust Law (LCEN) dated 6 August 2004 (amended), Kipsta has a statutory obligation to collect and retain said identification data. The User shall provide identification information that is accurate and complete, and shall not impersonate nor assume the identity of any third party. Should the User fail to abide by these requirements, the Website reserves the right to refuse, suspend and/or delete the User's Account.

3 - Publishing content on the website

3.1 In order to facilitate interaction between Users, Kipsta may offer services and features which allow users to post content to the Website. For the purposes of this agreement, Content is defined as any item which is posted to the Website by the User, including text, comments, images, photos, videos, and any type of file regardless of content or format.

3.2 The User is responsible for all Content produced under its name and from its computer terminal. The User shall immediately inform the Website in the event the User believes that its username or email address is, or may become, known to a person not authorized to use it. The Website shall in no way be held liable in the event a User's personal data is used by an unauthorized third party.

3.3 The Website may only be used for personal, non-commercial purposes. The User is prohibited from posting business information or transacting any business on the Website in any way or in any form whatsoever.

4 - User behaviour on the website

The User is expressly prohibited from:
- Performing any illegal activity whatsoever;
- Extracting or collecting personal data belonging to users of the Website through any means whatsoever;
- Extracting, saving or exploiting for any other purpose than their display while navigating the Website, the Content of any third party that is subject to intellectual property rights or image rights, or that is confidential or personal data;
- Store, broadcast or publish any content that is illegal, harmful, abusive, racist, that incites hatred, revisionist, immoral, or which violates the privacy or privacy rights of any third party, including the image rights of individuals and goods, intellectual property rights, and privacy rights.
- Store, disseminate or publish any information which may disclose, directly or indirectly, the User's political, philosophical or religious views, union membership, state of health, or sexual orientation;
- Post Content in the account of a third party;
- Assume the identity of a third party and/or publish any personal data of a third party;
- Store, disseminate or publish any content which may directly or indirectly harm the interests of the Decathlon Group.

In general, the User agrees to abstain from any behaviour which is contrary to sports ethics and/or to the values and interests of the Decathlon Group.

5 - Intellectual property

5.1 Content published by the Website
The Content on the Website is subject to property rights and protected by intellectual property laws, including the protection of copyright, drawings and models, brands, domain names, patents, know-how, software and databases. The Decathlon Group and its partners retain ownership of all of the Content and all rights related thereto.

The Decathlon Group grants the User a limited, non-exclusive, revocable, non-sublicensable right to the Content solely for the purpose of accessing, navigating and using the Website. This license does not grant the User any other right, including the right to use the Content for commercial purposes.

5.2 Content published by Users.
All Content which may be published by the User (including text, comments, files, images, photos, videos, works, etc.) which is subject to property rights, intellectual property rights, image rights, or other privacy rights remains the property of the User, subject to the limited rights granted by the license from the Decathlon Group defined above, or the application on a case by case basis of other special terms and conditions previously accepted by the User governing services which may become available on the websites of the Decathlon Group. The User may choose to publish such Content on the Website, such as by means of the "Share Photos" service, and in doing so agrees to this Content becoming public and freely accessible on the Internet. The User acknowledges, agrees and warrants that it holds all rights and authorizations necessary to publish such Content on the Website, and is compliant with applicable regulation concerning privacy rights, property rights, intellectual property rights, image rights, contract rights, or rights of any other kind. By publishing Content on the Website, the User explicitly assumes responsibility as the publisher of the Content in the legal sense, and grants Decathlon a non-exclusive, free-of-charge, worldwide license to the Content for the entire term of its publication, including the right to reproduce, represent, upload, display, execute, transmit, store, and sublicense the Content, in particular but not limited to its subsidiaries, technical partners, and other Users of the Website.
The User also authorizes its name to be associated with the Content, and acknowledges that this association may not always be made.

By publishing Content on the Website, the User authorizes the Content to become automatically accessible on the Internet, including other websites and/or blogs and/or web pages of Decathlon Group, and including pages of social network accounts belonging to websites of Decathlon Group or of Users of Decathlon Group websites who may share certain content. The User may request Decathlon to cease publishing the Content in accordance with the terms described in Article 9 of the present terms of use.

6 - Liability

6.1 Liability of Kipsta
6.1.1 Use of the Website by the User is the sole responsibility of the User. The Website may include links to third-party websites. By clicking on such links the User acknowledges that Kipsta cannot guarantee the content of those websites, and consequently agrees to access those websites at its own risk. Therefore, Kipsta cannot be held liable for any damage which may result from the access and/or the use of the Website and the information contained therein. The User is hereby informed that Kipsta may temporarily interrupt access to the Website for technical reasons, such as for maintenance. The User accepts these interruptions and waives any right to any claims related thereto.

By using the Website, the User understands and accepts the characteristics and limitations of the technologies which are inherent to the Internet, including those which concern response times to look up or query the server hosting the Website, its technical performance, the risk of interruptions, and, generally, all risks incurred during the transmission of data.

Therefore, Kipsta, and more generally, Decathlon Group, shall under no circumstances be held liable for, without limitation, the following:
- Any information viewed on the Website that was not placed there by Kipsta
- Any network malfunction which prevents the website from functioning correctly
- Any loss of data
- Any software malfunction
- Any consequence of any computer virus, bug, anomaly or breakdown
- Any damage caused to the computer device of the User.

6.1.2. In its quality of host under Article 6.L.2 of the French Digital Trust Law (LCEN) of 21 June 2004 (amended), Kipsta cannot be held liable for the activities of, or content posted by, other Users on its Website. The liability of Kipsta is limited to that which is provided for in Articles 6.I.2. and following of the above-cited Law. The Website may therefore delete any illicit or manifestly illicit content without prior notice or warning, in accordance with the provisions of Article 6.I.3 of said Law.

Therefore, Kipsta is not responsible to exercise any a priori controls as to the quality, safety, veracity, or legality of the Content posted by the Users.

6.2 Liability of User
6.2.1 By using the Website, the User agrees to indemnify Decathlon Group against any direct and indirect damages or costs resulting from:
- Any claims brought by any third party concerning content posted in the name of the User, including claims that the content published by the User on the Website violates any rights or is in violation of press laws related to the items published on the Website;
- Any activities related to participation in the Website that are contrary to the present General Terms of Use, including those with a fraudulent purpose;
- Violation of the present Terms of Use of the Website.

6.2.2 Kipsta seeks to raise awareness among its Users regarding publishing Content, such as snapshots or other photos of Users.
Kipsta draws the attention of its Users to the requirement to publish or share photographs, images or videos that are respectful of and in accordance with sporting ethics and the values of the Decathlon Group. Any non-compliant Content shall be systematically removed from the Website.

7 - Data privacy

The data collected on this Website are processed by Decathlon SA acting as data processor. The User is encouraged to view our data privacy policies at the following web address:
https://www.decathlon.co.uk/landing/cookie-policy/_/R-a-cookie-policy

8 - Removal of content published by the user

8.1 Kipsta may cancel any account and/or delete any profile and/or content and/or any information published on the Website, and/or prohibit the use of and/or access to the Website, as soon as it becomes aware of any non-compliance by the User of these General Terms of Use, or for technical reasons. Said modification or deletion may take place without warning, without notification or prior notice, at any time and at the sole discretion of Kipsta.
Any User may notify the Website, by using the "Report Abuse" feature and providing all of the information necessary for the report to be processed, that a certain Content is deemed to be published in violation of the present Terms of Use.

8.2 The User has the option of deleting Content which it published on the Website. To do so, the User must send a request for the deletion of Content by email to the following address: musculation-crosstraining@decathlon.com. Said request must without fail include the information necessary to identify said Content. For Content which is posted through the "Share Photos" service, the information required for deletion of Content is as follows: First and last name, email address used when posting the content, year posted, content title.

All legitimate requests will be processed by Kipsta as quickly as possible; nevertheless Kipsta does not warrant that access to the content will be removed immediately, and the User acknowledges that Kipsta can in no way be held responsible for any such delays, including the time required for processing the request, technical constraints, or the material impossibility of complying with the request particularly in cases where the Content has already been reposted by third parties.

9 - Integrality

If one or several of the clauses in these General Terms of Use are declared null and void by the application of a law or regulation or a final legal or administrative ruling, the other clauses shall remain in full force and effect. Kipsta shall use its best efforts to provide a valid replacement clause that is as close as possible to the scope and spirit of the present Terms of Use. Failure by either Party to enforce the application of any clause of the present Terms of Use, whether temporarily or permanently, can in no event be considered a waiver of said clause.

10 - Disputes

The present General Terms of Use are governed by French Law. In the case of a dispute which the Parties are unable to resolve amicably, the Parties agree that the competent jurisdiction shall be that of the defending Party.