General terms of use
Effective date:
-
Purpose
These general terms and conditions of use apply without restriction or reservation to all services offered by Health Tech & Co on the website https://hustleup-app.com (hereinafter the “Site” or “Website”).
The Site offers users (hereinafter the “Users”) a presentation of the services of the company Health Tech & Co, in particular the application Hustle-Up which allows professionals or individuals, to register for sports courses with sports coaches, to follow his practice of sport, to create a training program accessible to other members or to manage the operation of a Box CrossFit, (hereinafter the “Services” or “Application”).
The purpose of these terms and conditions is to define the terms and conditions of use of the Services and to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link in the footer of the Site.
These terms and conditions take precedence over any other general or special terms and conditions not expressly approved by Health Tech & Co.
If necessary, they may be supplemented by a dedicated agreement with the User to govern use of the Site, which supplements the present terms and conditions and, in the event of contradiction, takes precedence over them.
-
Operator of the Site, Services and contact details
The Site and the Services are operated by the company Health Tech & Co, a simplified joint stock company (“Société par Actions Simplifiée”) with a share capital of 1,000 euros, registered with the RCS of Lyon under the number 950 774 166, whose registered office is located at 22 BD DES DROITS DE L’HOMME, 69120 VAULX-EN-VELIN (hereinafter: “Hustle-Up“).
Health Tech & Co can be contacted at the following address, in particular for any complaint:
Postal address: 22 BD DES DROITS DE L’HOMME, 69120 VAULX-EN-VELIN
E-mail address: contact@be-sport.ch
-
Access to the Site, Services and capacity
The Site and Services are accessible to:
- any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Site and Services with the agreement of their legal representative.
- any legal entity acting through a natural person with the power or authorization required to contract in the name and on behalf of the legal entity.
-
Acceptance of these general terms and conditions
Use of the Site or Services by Users implies acceptance of these terms and conditions, without restriction or reservation.
-
Description of the Services
The User has access to the Services on the Site in a form and according to the functionalities and technical means that Health Tech & Co deems most appropriate.
In this respect, it is reminded that the subscription to Health Tech & Co’s Services is also governed by a dedicated agreement, in particular the general conditions of use and sale on the Application.
Health Tech & Co reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide said Services.
-
Duration of the Services
The Services are subscribed for an indefinite period, according to the terms defined in the agreement between Health Tech & Co and the User.
-
Convention of proof
The User expressly acknowledges and accepts:
- that the data collected on the Site and the data-processing equipment of Health Tech & Co make evidence of the reality of the operations intervened within the framework of present,
- that these data constitute the principal mode of proof admitted between the parts, in particular for the calculation of the sums due to Health Tech & Co.
-
Obligations of the User
Without prejudice to the other obligations set forth herein, the User undertakes to comply with the following obligations.
8.1 The User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
8.2 The User acknowledges that he/she has familiarized himself/herself on the Site with the characteristics and constraints, particularly technical, of all the Services. He/she is responsible for his/her use of the Services.
8.3 The User undertakes to provide Health Tech & Co with all necessary information and, more generally, to cooperate actively with Health Tech & Co with a view to the proper performance hereof.
8.4 The User undertakes to make strictly personal use of the Services. Consequently, the User shall not assign, grant or transfer all or part of his rights or obligations hereunder to a third party in any manner whatsoever.
8.5 The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet, and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
-
User guarantee
The User agrees to defend, indemnify and hold Health Tech & Co harmless from and against any claims, demands, actions and/or grievances whatsoever, that Health Take & Co could incur as a result of a breach by said User of any one of its obligations or guarantees under these general terms and conditions.
The User agrees to compensate that Health Take & Co for any damage that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
-
Prohibited behavior
- It is strictly forbidden to use the Services for the following purposes:
- carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
- undermining public order or violating applicable laws and regulations,
- intrusion into a third party’s computer system or any activity of a nature to harm, control, interfere with or intercept all or part of a third party’s computer system, or to violate its integrity or security,
- sending unsolicited emails and/or commercial canvassing or solicitation,
- manipulations intended to improve the referencing of a third-party site,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that misuses the Services for purposes other than those for which they were designed.
- It is strictly forbidden to the Users to copy and/or to divert with their ends or those of thirds the concept, technologies, whole or part of the data or any other element of the Site.
- The following are also strictly prohibited (i) all behaviors likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) all intrusions or attempts of intrusions in the systems of Health Tech & Co, (iii) all diversions of the system resources of the Site, (iv) all actions likely to impose a disproportionate load on the infrastructures of this last, (v) all attacks with the measures of safety and authentication, (vi) all acts of nature to attack the rights and financial, commercial or moral interests of Health Take & Co or the users of its Site, and finally more generally (vii) any failure with the present general conditions.
- It is strictly forbidden to monetize, sell or grant access to all or part of the Services or the Site, or to the information hosted and/or shared therein.
-
Sanctions for breaches
In the event of failure to comply with provisions of the present general terms and conditions or more generally, of infringement with the laws and regulations in force by a User, Health Tech & Co reserves the right to take any appropriate measure and in particular of:
- suspend access to the Services of the User who has committed or participated in the breach or infringement,
- to publish on the Site any message of information which Health Tech & Co will consider useful,
- notify any data subject authorities,
- take any legal action.
-
Responsibility and guarantee of Health Tech & Co
Health Tech & Co undertakes to provide the Services diligently and according to the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
The User acknowledges and accepts that the references or “advice” indicated on the Site are provided for information purposes only and in no way bind Health Tech & Co. It is the User’s responsibility to contact Health Tech & Co in order to reach a personalized analysis of his/her situation and needs and/or a healthcare professional if applicable. Health Tech & Co cannot be held liable in this respect.
It is also reminded that the guides and recommendations formulated on the Site are provided for information purposes only and do not engage the responsibility of Health Tech & Co in any way whatsoever.
Health Tech & Co makes a commitment to proceed regularly to controls in order to check the operation and the accessibility of the Site. In this respect, Health Tech & Co reserves the right to temporarily interrupt access to the Site for maintenance reasons. In the same way, Health Tech & Co could not be held responsible for the difficulties or momentary impossibilities of access to the Site which would have for origin circumstances which are external to him, the absolute necessity, or which would be due to disturbances of the telecommunication networks.
In any event, the responsibility likely to be incurred by Health Tech & Co with the title of present is expressly limited to the only direct damage proven undergone by the User.
-
Intellectual property
The systems, software, structures, infrastructures, data bases and contents of any nature (texts, articles, images, visual, musics, logos, videos marks, data base, etc) operated by Health Tech & Co within the Site are protected by all rights of intellectual property or rights of the producers of data bases in force. All disassemblies, decompilations, decryptings, extractions, re-uses, copies and more generally, all acts of reproduction, representation, diffusion and use of the unspecified one of these elements, entirely or partly, without the authorization of Health Tech & Co are strictly prohibited and could be the subject of legal proceedings.
-
Personal data
Health Tech & Co practices a policy of protection of the personal data whose characteristics are explained in the document entitled “Privacy policy“, which the User is expressly invited to read.
-
Advertising
Health Tech & Co reserves the right to insert on any page of the Site and in any communication to the Users any advertising or promotional messages in a form and under conditions of which Health Tech & Co will be the only judge.
-
Links and third parties
Health Tech & Co assumes no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
Health Tech & Co is not either responsible for the transactions intervened between the User and some advertiser, professional or tradesman (including its possible partners) towards which the User would be directed by the intermediary of the Site and would not know to in no case to be party to some possible litigations that it is with these thirds concerning in particular the delivery of products and/or services, the guarantees, declarations and other unspecified obligations to which these thirds are held.
-
Force majeure
Under no circumstances may the parties be held liable for any failure or delay in the performance of these terms and conditions due to force majeure as defined by article 1218 of the French Civil Code and recognized by case law, including strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure attributable to a third-party telecommunications provider.
The occurrence of a case of force majeure suspends performance of the general terms and conditions upon receipt by one of the parties of the information sent by registered letter with acknowledgement of receipt by the other party.
If a case of force majeure preventing either party from fulfilling its obligations continues beyond a period of 30 (thirty) days, the general terms and conditions may be terminated immediately and by operation of law, without legal formalities, by either party, by any written means, without either party having to pay the other any compensation whatsoever.
-
Language
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.
-
Changes
Health Tech & Co reserves the right to modify these terms and conditions at any time.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
-
Applicable law
These terms and conditions are governed by French law.