KIPSTA.COM Version: September 2021
1. ACCESS TO THE SITE
To use the Site, you shall be of the age of majority or have a parental authorization. In anycase KIPSTA.COM encourage all who have minor’s responsibility to control the use of thesite. You shall be an individual and use the Site at a normal frequency. This means that youmay not use the Site for business purposes or as part of an accessory business.It is your responsibility to ensure that your equipment (computer, laptop, netbook, tablet orother mobile device) meets all the necessary technical specifications to enable you toaccess and use the Site and is compatible with the Site.We may, from time to time, restrict access to certain features, parts or content of the Site orthe entire Site, to users who have registered with us. In this case, you must ensure that allregistration details you provided are accurate. You also accept without reserve that youridentification is a proof of your identity.If you choose, or you are provided with, a log-on ID (such as a username and password orother identifier) as part of our security procedures, you must treat such information asconfidential and must not reveal it to anyone else. You are responsible for all activities thatoccur under your log-on ID and must notify us immediately of any unauthorised use or othersecurity breach of which you become aware.We reserve the right to disable any log-on ID or to prohibit the access to the Site, at anytime, if in our opinion you have failed to comply with any of the provisions of these terms andconditions or if any details you provide for the purposes of registering as a user prove to befalse. We remind you that it is forbidden to usurp the identity of a third party, under pain ofprosecution. This change or deletion may be made without prior notice, at any time and atour sole discretion.We cannot guarantee the continuous, uninterrupted or error-free operability of the Site.There may be times when certain features, parts or content of the Site, or the entire Site,become unavailable (whether on a scheduled or unscheduled basis) or are modified,suspended or withdrawn by us, in our sole discretion, without notice to you. You agree thatwe shall not be liable to you or to any third party for any unavailability, modification,suspension or withdrawal of the Site or any features, parts or content of the Site.
2. WHAT YOU ARE ALLOW TO DO
You may only use the Site for non-commercial use and only in accordance with these termsand conditions.You may retrieve and display content from the Site on a computer screen, print and copyindividual pages and, subject to the next section, store such pages in electronic form.Additional terms may also apply to certain features, parts or content of the Site and, wherethey apply, will be displayed on-screen or accessible via a link.The Site allows you :- to discover the products and services offered by the Decathlon Group;- to make purchases online redirecting to decathlon.co.uk in accordance with thegeneral conditions of sale of the Site and the legislation in force;- to publish opinions on the items sold by the Decathlon Group;- to publish photos or videos related to items sold by the Decathlon Group;- to participate in the various games and contests offered by the Site.Please note that the list of features is provided for information purposes only. We reserve theright to add or delete, temporarily or permanently, any feature without your prior consent.
3. WHAT YOU ARE NOT ALLOWED TO DO
You must only use the Site and anything available from the Site for lawful purposes(complying with all applicable laws and regulations), in a responsible manner, and especiallynot in a way that might damage our name or reputation or that of any of our affiliates.You agree to refrain from any unethical behavior or action contrary to sportive ethics, valuesand interests of the Decathlon Group. Except to the extent expressly set out in these termsand conditions, you are notably not allowed to:- extract, register or exploit any Content of third parties subject to intellectualproperty rights, or relating to privacy, personal data or image rights;- extract or collect any personal data of users of the site by any means;- “scrape” content or store content of the Site on a server or other storagedevice connected to a network or create an electronic database by systematicallydownloading and storing all of the content of the Site;- remove or change any content of the Site or attempt to circumvent security orinterfere with the proper working of the Site or the servers on which it is hosted;- create links to the Site from any other websites, without our prior writtenconsent, although you may link from a website that is operated by you providedthe link is not misleading or deceptive and you fairly indicate its destination. Thisdo not imply that we endorse you, your Site, or any products or services you offerand you link to (and do not frame or replicate) the homepage of the Site, and thelinked website does not contain any content that is unlawful, threatening, abusive,defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringeson the intellectual property rights or other rights of any third party.- to store, display or publish any illegal, prejudicial, abusive, racist, hateful,revisionist, which may infringe the privacy or the private rights of third parties, inparticular the individual right to the image and property, intellectual property rightsor the right to privacy belonging to third parties.- usurp the identity of a third party and/or publish any personal informationabout it.All rights granted to you under these terms and conditions will terminate immediately in theevent that you are in breach of any of them.
4. DISPLAY OF CONTENT
4.1 About content published by us Whilst we try to make sure that all information contained on the Site (other than anyuser-generated content) is correct, it is not intended to amount to authority or advice onwhich reliance should be placed. You shall check with us or the relevant information sourcebefore acting on any such information. Moreover, we may change the format and content ofthe Site from time to time. You agree that your use of the Site on an 'as is' and 'as available'basis is at your sole risk.We cannot and do not guarantee the accuracy, completeness, currency, correctness,reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, tothe fullest extent permitted by law, all implied warranties. Conditions or other terms of anykind are hereby excluded and we accept no liability for any loss or damage of any kindincurred as a result of you or anyone else using the Site or relying on any of its content.We cannot and do not guarantee that any content of the Site will be free from viruses and/orother code that may have contaminating or destructive elements. It is your responsibility toimplement appropriate IT security safeguards (including anti-virus and other security checks)to satisfy your particular requirements as to the safety and reliability of content.
4.2 About content published by you The Site may, from time to time, allows you to upload user-generated content and may alsoallows you to communicate that content, either in selected recipients or in public areas, suchas comments pages, chat rooms, message boards, and/or news groups (collectively UserContent Areas ). We do not control the material submitted to User Content Areas(collectively User Submissions ), nor are User Content Areas actively moderated.The term "content" means any element deposited by you on the Site, such as text, comment,image, photo, video, or any type of file, whatever its content or form. You are responsible forthe content of your User Submissions as submitted by you and acknowledge that all UserSubmissions express the views of their respective authors, and not our views.You are free to publish, or not, content on the Site. In this case, we would like to draw yourattention to the importance to keep all User Submissions relevant to the purpose of the UserContent Area and to the nature of any topic and to publish or share content that respectsand conforms to the sports label and the values of the Decathlon Group. If you participate inany User Content Areas, you must not submit any User Submission that :- is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar,indecent, offensive or which infringes on the intellectual property rights or otherrights of any third party;- contains any viruses and/or other code that has contaminating or destructiveelements;- contains any form of advertising;- impersonate, or misrepresent an affiliation with any person or entity.You are responsible for anything that may happen on your behalf and from your computerterminal, in particular in the event of content submission on the Site. You guarantee that youhave all the rights and authorizations necessary to submit a content on the Site, in particularunder the legislation in force and the IPR’s. In the event that you have some reason tobelieve that your log-on ID or your email address is, or may be known, by a person notauthorized to use it, you undertake to immediately notify us. The Site disclaims anyresponsibility for the use of personal data of a user by an unauthorized third party.
4.3 Removal of content Whilst we do not pre-screen User Submissions, we reserve the right, at our sole discretion,to delete, edit or modify any User Submission submitted by you and/or to close any topic, atany time without any notice to you.You may also send us a complaint about the content of any User Submission. It must besent to the address specified on the tab “Contacting us” and must contain details of thespecific User Submission giving rise to the complaint. For instance, concerning a contentdeposited via the "Photo Sharing" service, the information is the following: name, first name,email address used when the content was deposited, year of filing, title of the content.Any substantiated and legitimate request will be dealt with as soon as possible by us but weare not able to guarantee an immediate suppression of access to the content. Youacknowledge that we cannot be held liable in this respect, in particular due to the timerequired to process your request, technical constraints or material impossibility to respond toit, especially if the Content would been taken over by third parties.
5. EXTERNAL LINKS
The Site may, from time to time, include links to external websites, which may include linksto third party offers and promotions. We include these to provide you with access toinformation, products or services that you may find useful or interesting. We are notresponsible for the content of these websites or for anything provided by them and do notguarantee that they will be continuously available. The fact that we include links to suchexternal websites does not imply any endorsement of or association with their operators orpromoters.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Site (including text, graphics, software,photographs and other images, videos, sound, trademarks and logos) and the generalstructure of the Site are owned by us or our licensors. Except as expressly set out here,nothing in these terms and conditions gives you any rights in respect of any intellectualproperty right owned by us or by our licensors and you acknowledge that you do not acquireany ownership rights by downloading content from the Site. In the event you print off, copy orstore pages from the Site (only as permitted by these terms and conditions), you mustensure that any copyright, trademark and/or other intellectual property right noticescontained in the original content are reproduced.You agree that, by submitting any User Submission, you grant us and our affiliates aperpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable rightand licence to use, reproduce, modify, adapt, publish, translate, create derivative worksfrom, distribute, perform and display such User Submission (in whole or part) and/or toincorporate it in other works in any form, media or technology, and you waive any moralrights you may have in, or to be identified as the author, of such User Submission. Youagree that any User Submission shall be used by the Decathlon Group in certain commercialcommunications; be transmitted to third parties for product reviewing purposes; beassociated with your name but that this association shall be not always made; becomeautomatically public and freely accessible, in particular on the Internet and other websitesand/or blogs and/or webpages of the Decathlon Group including, in particular, the socialnetwork pages of the Decathlon Group websites or the Users of the Decathlon Groupwebsites.
If you are a consumer and not a business user, in no event we shall be liable to you for anybusiness losses, and if you are a business user, in no event we shall be liable to you for anyindirect or consequential losses, or for any loss of profit, revenue, contract, data, goodwill orother similar losses, and any liability we shall have for losses you suffer is strictly limited tolosses that were reasonably foreseeable.In general, we shall not, under any circumstances, be held liable to, without this list beinglimiting :- any information consulted on the Site that will not be put online by us;- any use of personal data of a user by an unauthorized third party;- any malfunction of the network preventing the proper functioning of the Site ;- any loss of any data;- any dysfunction of any software;- any consequence of any computer virus, bug, anomaly or failure;- any damage caused to your computer.
You may not transfer or assign any or all of your rights or obligations under any Contract. Allnotices given by you to us must be given in writing to the address set out at the tab“Contacting us”. We may give notice to you at either the email or postal address you provideto us when placing an order.These terms and conditions may not modify except with our express written consent. If wefail to enforce any of our rights, that does not result in a waiver of that right. If any provisionof these terms and conditions is found to be unenforceable, all other provisions shall remainunaffected. Failure to rely at any time on any of the clauses contained herein shall notconstitute a waiver of the right to rely on such clauses latter. These general conditions of useare governed by the English law.In case of dispute which has not been resolved amicably the competent court will be theplace of residence of the defendant.