General terms of sales and use

CLUBIES.COM is an internet services platform (hereinafter the "Platform") published by CLUBIES.COM, a private limited company, registered in the Verviers Register of Legal Persons under number 0674,846,222. its registered address is at Pouillou-Fourneau 23 – 4910 POLLEUR THEUX (Belgium), and its purpose is to allow various tribes (companies, associations, institutions, sports clubs,...) to better organize their communications and manage their activities through a web portal (organizers) and a dedicated application (beneficiaries).

These Terms of Use and Sale (hereinafter the "Terms and Conditions") are intended to define the terms and conditions which apply to any natural or legal person wishing to have access to the services provided on the platform, and have access to and use them (hereinafter the "Services").

All registrations, access to and/or use of the Platform imply acceptance and unconditional compliance with all the terms of these TOS.

All users of the Platform state that they have the ability to accept the Terms and Conditions, that is to say, they are of legal age and are not subject to the administration of property and/or of their person. Assuming the user is a minor physical person (minor under 16 years of age), he/she declares and acknowledges that he/she has obtained permission from his/her parents or the holder(s) of parental authority concerning them to register on the Platform. Thus, parents (or holders of parental authority) are invited to monitor the use of the Platform made by their children and to keep in mind that as their legal guardian it is their responsibility to monitor the use made thereof.

Any application for registration generated automatically by a robot or by any other method will be prohibited.

Registration

To receive the Services, each "tribe" (hereinafter the "Beneficiary") shall appoint from among its members one or more administrators (hereinafter the "Administrator") who will have the power to open an account (hereinafter "Clubies.com Account") for all the members of his/her tribe (the "Members"). The Administrator will then be the legal representative of the Beneficiary and will endorse the responsibility for compliance with the Terms and Conditions by each Member in respect of CLUBIES.COM, which the Administrator expressly acknowledges and accepts. If necessary, the original Administrator may either supplement or replace one or more Administrators subject to making the amendment required on the Platform.

For the purposes of these Terms and Conditions, the term "User" means either the Administrator and/or any Member of the Beneficiary.

Registration will be carried out by the Administrator, exclusively online through the website www.clubies.com (hereinafter the "Site") and in the following manner:

View and adhere fully to these TERMS AND CONDITIONS by checking the box next to the words "I have read and accept without reservation the terms and conditions of CLUBIES.COM";
Create a Clubies.com Account on the Site;
Fill in the different fields of the registration form in particular a valid email address per Member and, if applicable, a phone number.

Once the registration is validated, CLUBIES.COM will send a confirmation email to the Administrator (and each Member of the Beneficiary).

When filling in the registration form, the Administrator agrees to properly complete said form, in particular to provide only accurate, current and complete information. With regard to the email addresses (and possibly mobile phone numbers) of the Members he/she includes in the form, he/she guarantees to CLUBIES.COM that he/she has obtained the prior agreement of said Members (who will still be free to ask for the deletion thereof under the terms of Article 5 below).

The Administrator acknowledges full responsibility for keeping the confidentiality of the access code of the Beneficiary he/she represents. In the event of fraudulent use of the password, the Administrator shall inform CLUBIES.COM immediately of the unauthorized use of his/her account.

The Administrator is solely responsible for the use of the account of the Beneficiary he/she represents; any connection or data transmission performed using the Platform will be deemed to have been made by the Administrator and under his/her sole responsibility. It is also stated that the Administrator is fully and exclusively responsible for the use of the Platform by him/herself and by any third party whatsoever.

CLUBIES.COM cannot be held liable if the data relating to the registration of a Beneficiary does not reach it for any reason not attributable to it (e.g., an internet connection problem due to any reason by the Administrator, a momentary failure of its servers, etc.) or if the incoming data are illegible or impossible to process (for example if the Administrator's hardware or software environment is inappropriate for registration).

In the event that the Administrator or any Member were to cease to be a member of the Beneficiary or were to change team or club, the latter agrees to immediately cease all use of the Platform dedicated to the Beneficiary he/she has just left. Otherwise, CLUBIES.COM reserves the right to change the offender's login credentials.

Free Services

Opening a CLUBIES.COM Account by a Member and use of the Services are free.

Payable Services

Opening an account

The opening of a CLUBIES.COM Account by a Beneficiary and the use of the Services are payable.

You are reminded, however, that the connection and communication costs related to the use of the Platform are not borne by CLUBIES.COM and are the responsibility of the Beneficiary.

The payment of such Payable Services will be made according to a monthly schedule by Bank Card.

CLUBIES.COM reserves the right to amend at any time, the content or the nature of the Services and their prices. Such amendments result in the edition of a new version of the Terms and Conditions that will automatically apply to the Services provided subsequently thereto.

No right of withdrawal

Pursuant to Article VI 53 of the Code of Economic Law, the Subscriber acknowledges and expressly agrees that (i) the provision of payable Services begins immediately after confirmation of his/her registration, i.e., before the period of fourteen days under the Code of Economic Law and (ii) acknowledges and agrees accordingly not to benefit from the right of withdrawal related to a distance contract. Consequently, no application for withdrawal, cancellation or refund will be accepted for the contracted period.

Duration

CLUBIES.COM offers a subscription for a period of one month and a subscription for a period of one year (or other period depending on the offers available on the Site). It is also possible that varying duration offers to try out or discover the Services are offered on the Site, temporarily or not. Unless otherwise stated, these trial or discovery offers will be subject to these terms of use and sale.

Payments, renewals and cancellations.

If you have subscribed to the Services, your payment to CLUBIES.COM will be automatically renewed at the end of each subscription term unless you terminate your Subscription through your subscription page before the end of the current period. CLUBIES.COM will send you a reminder to this effect prior to the expiry of your subscription period. Cancellation will take effect the day following the last day of the current subscription period. However, if you cancel your purchase and/or terminate these Terms and Conditions after the expiry of the cooling-off period (if applicable) and/or the end of the subscription period, we will not refund subscription fees already paid.

CLUBIES.COM may periodically change the price of Subscriptions and will inform of any change in price. Price changes will come into effect at the beginning of the subscription period following the date of the price change. If you do not accept the new price, you will have to unsubscribe from your Subscription before the end of the current subscription period.

Different methods for payment of the price of subscription are offered on the Site. The Administrator may in particular pay his/her subscription by bank card, Visa or MasterCard.

It is stated that when the Administrator provides CLUBIES.COM with his/her bank details, they are not retained by CLUBIES.COM.

To maximize the security of transactions, CLUBIES.COM has chosen the payment systems of the company STRIPE. The guarantees granted by CLUBIES.COM for the security of transactions are identical to those obtained respectively by CLUBIES.COM from the publishers of the aforementioned payment systems.

Unless the Subscriber gives any indication to the contrary, the computerized records stored in the computer systems of CLUBIES.COM and its partners under reasonable conditions of security, will be considered as evidence of the communications, orders, validations and payments transacted between the Subscriber and CLUBIES.COM. This information will prevail unless written proof to the contrary is provided by the Subscriber. The archiving of these items is carried out using a reliable and durable medium, in order to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

Duration of Registration

All registrations are made for an indefinite period, the CLUBIES.COM Account of the Beneficiary remaining active until its closure under the conditions of Article 5 below.

Cancellation - closing the CLUBIES.COM account

Cancellation at the initiative of the Administrator

The Administrator may cancel the Beneficiary's CLUBIES.COM account with or without cause, at any time, by sending notice by email to CLUBIES.COM at info@clubies.com or via the website. Such notification shall come into effect upon receipt and will result in closing the Beneficiary's CLUBIES.COM Account.

Any early termination at the initiative of the Administrator shall not lead to any refund of the price in case of subscription to Payable Services. All amounts paid under this subscription will remain permanently acquired by CLUBIES.COM.

Cancellation at the initiative of CLUBIES.COM

Without prejudice to any damages and interest that CLUBIES.COM might pursue, CLUBIES.COM reserves the right to suspend a Beneficiary's access (including the Administrator and each member) to the Platform and/or automatically terminate without notice or compensation his/her CLUBIES.COM Account (including when applicable his/her subscription to the Payable Services) for any breach of contractual duties, particularly in case of:

non-compliance by the Administrator or by a Member with the Terms of Service;
the provision of false information upon registration;
acts contrary to the commercial interests of CLUBIES.COM.

Cancellation at the initiative of CLUBIES.COM shall not lead to a refund of the price of subscription. All amounts paid under this subscription will remain permanently acquired by CLUBIES.COM.


General Rules and Regulations

Information and content appearing on the Platform

The User agrees to use discretion in connection with the use made of the Platform, particularly when relying on the timeliness, usefulness or completeness of the information and content shown on the page dedicated to the Beneficiary.

In this regard, the User acknowledges, in particular, that the information appearing on the Platform will not be exhaustive and that it merely intends to help the Administrators to organize their communication and management of their activities .

The User thus acknowledges that the information on the Platform does not assume other items not listed that could nevertheless influence his/her choice of organizing the communication and management of his/her activities or communicating relevant information.

Therefore, CLUBIES.COM cannot be held responsible for the data, statements and information that another Administrator uses or may use within the context of the Platform.

The User shall not in any way, sell, resell or exploit in any manner and for any purpose whatsoever all or part of the content included on the Platform.

Internet

The User is fully aware of the special risks associated with Internet specificities, networks and particularly the fact that information concerning his/her personal data may be collected and/or transferred, including in countries that do not provide adequate protection of personal data, and accept them.

CLUBIES.COM cannot be held liable for damages resulting from the transmission of any information by the User, including that of his/her username and/or password via the Platform.

Partner Services

CLUBIES.COM may provide links to other Websites managed by partner sites (hereinafter the "Partner Services"). Insofar as CLUBIES.COM cannot control these Partner Services, CLUBIES.COM cannot be held responsible for the availability of such websites or external sources, and shall bear no liability for the content, advertising, products, services or other materials available on or from such websites or external sources.

Similarly, CLUBIES.COM cannot be held responsible for any damage or losses, true or alleged, resulting from or in connection with the use, content or services available on these Partner Services or external sources.


Interactive services

The communications published by the Users and Beneficiaries through the interactive portal dedicated to this purpose on the Platform, including through the email and SMS Service, (hereinafter "Communications") represent their own opinion, point of view or Communications and in no terms those of CLUBIES.COM or its employees and agents.

The Users and the Administrators are solely responsible for the Communications they publish and transmit via the Platform.

When using participatory spaces, Users and Administrators undertake to provide only objective, complete and sincere information, this in accordance with the rules of etiquette, courtesy and respect for others.

Once published, the dissemination of the Communication may be carried out on all digital media, both on the site www.clubies.com and on mobile applications published by CLUBIES.COM using the content of said site.

CLUBIES.COM encourages the User and the Administrators to exercise restraint and prudence in the expression of Communications they wish to broadcast on the Platform. To this end, the User and the Administrators undertake not to publish content contrary to the rules and regulations in force concerning the Platform.

In particular, the User and the Administrators are prohibited from:

Disseminate information contrary to public order or morality; pervert the purpose of the Platform for propaganda purposes or proselytizing, prospecting or soliciting;
Publish commercial information, advertising or that constitutes propaganda for tobacco, alcohol or any other substance, product or regulated service;
The distribution of content that contravenes the personality rights of others or that are defamatory, abusive, obscene, pornographic, offensive, violent or that incite discrimination, political violence, racism, sexism or homophobia;
Publish information that does not comply with the legislation on the protection of personal data allowing the identification of private individuals without their consent, including their family name, postal and/or email address, phone number, photograph, audio or audiovisual recording;
Infringe intellectual property rights of third parties, including by removing or deleting any mention of copyright or trademark, as well as any restrictive legend.

The User and the Administrators undertake to respect the rights of others, and in particular:

Personality rights (such as image rights, the right to respect for private life);
Trademark rights;
Copyrights (including software, sound, images, photographs, text, animated images) and neighbouring rights (artists, phonogram and videogram producers and the sui generis rights of database producers);
In general, the rights of persons and property.


The User and the Administrators are also prohibited, without the prior written permission of CLUBIES.COM, and without this list being exhaustive, to:

Use the Platform for promotional purposes and generally to offer products and services paying him/her directly or indirectly;
Create archive files from the content included on the Platform;
Reproduce, perform, use, reference (especially in the metawords of search engines), all or part of the content, trademarks, logos, distinctive signs appearing on the Platform.

Non-compliance with these Terms and Conditions may result in the immediate, automatic withdrawal of the disputed content, a warning and/or closure of the account of the offending User, this notwithstanding any other legal action and/or damages and interest that CLUBIES .COM would be entitled to initiate or to claim.

CLUBIES.COM shall under no circumstances be held liable for Communications appearing on the Platform and, in particular, due to their illegal nature, errors or omissions affecting them, or even for any loss or damage as a consequence of the use of said Communications by another User.

Administrator's role as a moderator

The Administrator, as coordinator and supervisor of the use of the Platform by the Members, undertakes to ensure compliance with Article 4 above by the Members and to remove as soon as he/she may become aware, all or part of the Communications that may be contrary to the law and/or public order and/or these Terms of Sale, including, but not limited to, any violent, pornographic, racist, anti-Semitic, xenophobic content, content that diminishes the respect of the human person and dignity, that invades privacy, infringes copyright, neighbouring rights, trademark rights, third party personality rights.

In the event of failure to follow these rules and practices, CLUBIES.COM reserves the right to exclude the Administrator or the offending Member and, if appropriate, to initiate any legal remedy against them in order to stop the manifestly unlawful deed arising from the illicit use of the Platform by the Administrator in question and/or to obtain compensation for the damage suffered by CLUBIES.COM.

The Administrator will not be able to enforce any claim in respect of exercising his/her moderating power.

Sending of emails and SMS

As part of the Services, CLUBIES.COM offers communication by email and SMS enabling:

Communication between the Administrator and the Member exclusively for purposes concerning information inherent in the organization of activities or any events related to the tribe, by means of the mobile phone numbers and email addresses provided by the latter upon registration. The Administrator is solely responsible for this Communication under the conditions of Article 6.4 above;
Communication between CLUBIES.COM and the Administrator in order to remind him/her of the various features of the Platform and inform as to developments of the latter or of special events.

The Administrator may decide at any time to stop receiving emails or SMS from CLUBIES.COM by accessing his/her account and agrees to proceed with the removal of the email or mobile phone number of any Member of the Beneficiary who so requests.

The Administrator acknowledges that the Beneficiary is likely to be charged in the case of SMS, according to the billing conditions of CLUBIES.COM in force.

The Administrator also recognizes that the email and SMS Service is dependent on telecommunications networks and that CLUBIES.COM cannot be held liable in the event of malfunction or unavailability of such networks.

Access to the Platform – Responsibility

CLUBIES.COM does its best to make the Platform available 24 hours a day, 7 days a week, 7 days a week, regardless of the programmed maintenance operations, subject to the provisions of this Article.

Access to the Platform is provided on the basis of an "as is" service and is accessible according to its availability.

CLUBIES.COM reserves the right to apply to the Platform all the changes and improvements of its choice related to technological developments. Thus, CLUBIES.COM reserves the right, without notice or compensation, to temporarily suspend access to the Platform to ensure maintenance operations related to technological developments, or as may be necessary for the continuity of its Services. The Beneficiary shall not hold CLUBIES.COM responsible in this regard and waives any claim thereto.

CLUBIES.COM does not provide any express or implied guarantee, including, but not limited to, guarantees concerning the quality and compatibility of the Platform for a particular purpose.

CLUBIES.COM offers no guarantee that the continuous operation and/or continuity of the Platform will be assured in case of force majeure or acts of God as defined by the regulations in force.

Force majeure shall, under the present conditions, be defined as: "all unforeseeable and insurmountable circumstances beyond the control of the parties, for which they are not responsible, and could not be reasonably expected to be, whether they take them into account when concluding the contract or they prevent or overcome them even when such circumstances do not render the performance of the contract totally impossible, but only substantially more difficult and onerous."

If CLUBIES.COM were to incur liability by the Administrator following a breach of any of its obligations under these TOS, the compensation will apply only to direct, personal and certain damage, with the express exclusion of compensation for any damages and/or indirect and immaterial damages, such as financial losses, commercial losses, operating and turnover losses, loss of data or loss of opportunity.

CLUBIES.COM does not guarantee the relevance and accuracy of the information published on the Platform by third parties.

CLUBIES.COM declines all responsibility for any disputes, actions or third party claims made to exercise their rights, especially private rights, on any content not created by CLUBIES.COM.

Personal details

CLUBIES.COM is committed to protecting the personal information provided by the Administrators about them or the Members of the Beneficiary ("Personal Information"). In this context, CLUBIES.COM undertakes to respect the confidentiality of the Personal Information conveyed.

This article explains:

How Personal Information is used;
How the Administrator may correct, amend or delete the Personal Information that CLUBIES.COM holds on him/her;
To whom CLUBIES.COM may disclose Personal Information;
The security measures implemented by CLUBIES.COM to protect the confidentiality of Personal Information.

Purpose of collection

Personal Information is processed by CLUBIES.COM for User profile management purposes, market research and statistics, monitoring of the quality of the Services, customer relations management and business development, the above with the aim of providing Users with the most appropriate Services.

Access to Personal Information

Personal Information is accessible at any time in the "My Account" section with the Administrator's email address, login and password.

In accordance with the Law of 8 December 1992 on the Protection of Privacy with regard to personal data processing, the User has a right of access, rectification, cancellation and opposition regarding the Personal Information concerning them. To exercise such right, the User must send a letter to the following address: 23 Pouillou-Fourneau – 4910 POLLEUR THEUX (Belgium).

All Personal Information is sent and stored in the web host of the CLUBIES.COM Site in Belgium, whose coordinates are set out on the homepage under "Legal Notices".


Disclosure to third parties

CLUBIES.COM may be required to disclose Personal Information to legally empowered organizations and authorities, insofar as disclosure is required or authorized by law, or when CLUBIES.COM deems such necessary or appropriate to comply with the applicable laws and other texts, or to protect or defend its rights or those of its employees, customers or any other person.

CLUBIES.COM can convey Personal Information to third parties in case of assignment, transfer of assets, reorganization or liquidation. CLUBIES.COM will then notify the Users if their Personal Information is to be subject to a different privacy policy.

The Personal information gathered may be shared with third parties related to CLUBIES.COM by contract for the execution of subcontracted tasks required to manage your profile, or the provision of Services.

Barring opposition by the User when collecting his/her Personal Information, CLUBIES.COM can transmit Personal Information to its partners for marketing purposes including by electronic means, by post and by telephone. Even after having agreed, the User may oppose the continuation of this communication by sending a letter to CLUBIES.COM at the following address: 23 Pouillou-Fourneau – 4910 POLLEUR THEUX (Belgium).

Deposit

Personal Information will only be kept for the time strictly necessary to manage customer relations and business development not exceeding the period during which the CLUBIES.COM Beneficiary Account will be active.

Security

CLUBIES.COM has taken precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent Personal Information from being distorted, damaged or accessed by unauthorized parties thereto.

Privacy

When creating an account, the Administrator selects an email address and a password that will be requested every time he/she wishes to gain access. Thus, Personal Information is protected by a password so that the Administrator, and he/she alone, can have access to it. CLUBIES.COM recommends that the Administrators should not disclose them to anyone.

The Administrator must also remember to disconnect from his/her profile and close the browser window at the end of the session, especially if he/she uses a computer station shared with others for Internet access . In this way, the Administrator will prevent Administrators from gaining access to his Personal Information as well as data concerning his/her team.

The Administrator is solely responsible for maintaining the confidentiality of his/her password. He/she alone shall bear the consequences that may result from any use of this data by any third parties who gain knowledge of them.

In the event of a forgotten password, the Administrator is provided on the CLUBIES.COM site with a function allowing him/her to receive the password in his/her email box. Similarly, if it is feared that a third party might have knowledge of it, the Administrator may request to choose a new password by clicking on "Edit your information" in the "Personal Information" section of "My Account".

Intellectual Property

Platform contents

The Services and their contents (including data, databases, software, photographs, information, illustrations, logos, trademarks, etc.) that appear or are available on the Platform are protected by copyright, trademark rights, patent rights, database producer rights or any other rights recognized by the law in force.

Any copying, reproduction, performance, adaptation, alteration, modification, unauthorized dissemination, in full or in part, of the Services and/or Content of the Platform, including content owned by CLUBIES.COM, to a third party or to another Administrator, is illegal and may lead to the criminal and civil liability of the offending Administrator.

CLUBIES.COM grants the User the right to use the Site for his/her needs, barring any lucrative use.

Content uploaded by Users

When posting content on the Platform as part of his/her use of participatory spaces, the User automatically grants to CLUBIES.COM, without charge, a personal, non-exclusive licence for the use of such content.

This licence is granted for the whole world, for all exploitations in all media and by all broadcasting processes known or unknown to date, and for the duration of the legal protection of intellectual property rights (including renewals and extensions):

reproduction rights: right to perform or have perform an unlimited number of copies of Communications, in any form or in any medium, known or unknown to date, including on any paper, magnetic, digital, or other media (such as all brochures, press material, posters, web pages, reports, and any recording media such as CD, DVD, floppy disk, internal or external hard drive or other storage media), by any technical process known or unknown to date;
representation rights: the right to communicate, broadcast, have communicate or have broadcast Communications from members of the User's team by any means, known or unknown to date, including by any telecommunications network or any means of reading, exchange of information and communications (Internet, wireless network, cable, satellite, downloading, remote transmission, etc.);
and the right to translate Communications into any language (including all computer languages).

The User guarantees to CLUBIES.COM that the Communications he/she posts online on the Platform does not constitute an infringement of the intellectual property rights or any other rights of a third party.

Consequently, the User agrees to defend CLUBIES.COM and assume and/or indemnify CLUBIES.COM for all damages that may arise from any action or claim by a third party, on the Communications posted online by the User.

Cookies and Tags

Cookies

CLUBIES.COM cookies. CLUBIES.COM resorts to the use of cookies. A cookie is a computer file stored on the hard disk of the User's computer. It is intended to report your previous visit to the Platform, and does not, therefore, allow your identification or constitute Personal Information. Cookies are only used by CLUBIES.COM in order to personalize the Services offered to Users.

Third-party cookies. When the User accesses the Platform, one or several cookies of partner companies may be placed in his/her computer. These third-party cookies are intended to identify the User's interests and collect browsing data to customize the advertising shown to him/her outside the site www.clubies.com .

CLUBIES.COM has no access to and cannot exercise any control over third-party cookies.

However, CLUBIES.COM seeks to ensure that the partner companies agree to process the information collected on the site www.clubies.com in compliance with the Law of 8 December 1992 on the Protection of Privacy with regard to the treatment of personal data and undertake to implement appropriate measures of security and protection of data privacy.

Refusing cookies

The User retains the right to oppose the registration of cookies by configuring his/her browser to this effect.

The User, nevertheless, loses the ability to customize the Services delivered to them by CLUBIES.COM via the Platform.

Tags

Some of the web pages of the Platform may contain tags that enable counting the number of visitors to the site www.clubies.com and/or provide CLUBIES.COM with a number of indicators.

These tags may be used with some of our partners, particularly to measure and improve the efficiency of the Platform.

In any event, the information obtained through these tags is strictly anonymous and simply enables gathering statistics on traffic to certain pages of the Site.

Hyperlinks

Any hypertext link to external pages from the site www.clubies.com is prohibited, unless specifically authorized by CLUBIES.COM.

Besides, any link must be removed at the request of CLUBIES.COM.

Contractual documents

These Terms of Service govern all contractual or pre-contractual commercial relations between CLUBIES.COM and the Beneficiary (as represented by the User) for the subscription of the Services provided on the Platform.

These Terms of Service prevail over all provisions or agreements to the contrary, including in particular, the Beneficiary's general conditions of purchase. They render null and void and supersede the Terms of Service that may previously have governed relations between the Parties.

These Terms of Service constitute the contractual documents prevailing between the Parties.

CLUBIES.COM reserves the right to amend at any time the contents of the General Terms of Service. Such changes result in the edition of a new version that will automatically apply to Services provided subsequently.

Governing Law and Competent Court

These Terms and Conditions will be subject to Belgian law. In the event of a dispute, the Belgian courts will have sole jurisdiction. The Parties, however, agree to seek an amicable solution before taking any legal action.

Update of General Terms of Use and Sale

An updated copy of the terms of use and sale is available at www.clubies.com/CGUV.pdf