TERMS OF USE DECATHLON
1. INTRODUCTION
2. FEATURES OFFERED BY THE WEBSITE
3. CONDITIONS OF USE
4. DEPOSIT OF CONTENT ON THE WEBSITE
5. CONDUCT ON THE WEBSITE
6. INTELLECTUAL PROPERTY
7. LIMITATION OF LIABILITY
8. CONTROL OF CONTENT SUBMITTED BY THE USER
9. DISPUTES
10. GENERAL INFORMATION
1. INTRODUCTION
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1.1. This Website can be accessed at [ www.decathlon-sports.co.za] and is owned by Decathlon Société Anonyme, a company duly incorporated in terms of the company laws of France with registration number 2015/118486/07 and its affiliates (i.e. any company in which Decathlon Société Anonyme owns, directly or indirectly, at least 10% of the share capital and/or voting rights)(collectively, referred to as the “Decathlon Group”). In turn, the Website is operated by Decathlon South Africa Sports Proprietary Limited (“Decathlon”, “We”, “Us” and “Our”), a subsidiary of Decathlon Société Anonyme and a member of Decathlon Group.
1.2. The terms of use set out herein (“Terms of Use”) apply in addition to Our privacy policy (“Privacy Policy”), which may be accessed at www.decathlon-sports.co.za/c/75-our-privacy-policy- These Terms of Use are entered into between Decathlon and every person that visits the Website (“You”, “Your” or “User”). For purposes of these Terms of Use, the User and Decathlon shall hereinafter collectively be referred to as the “Parties”.
1.3. The Website shall snot be Used in any manner or form, in whole or in part, for business purposes. .
1.4. For the purposes hereof, the term "Use", “Used” and “Using” includes all transactions and/or browsing via the Website, regardless of the device, type and place of connection Used to access the Website (computer, tablet or Smartphone), connection type (private connection, connection to a third party or public Wi-Fi) and the place of connection (from South Africa or abroad).
1.5. By continuing to Use the Website, You agree to be bound by these Terms of Use and Our Privacy Policy, and You hereby accept same. You understand that these Terms of Use may change from time to time. As such, the Terms of Use applicable shall be those terms in force as at the date of Use of the Website.
2. FEATURES OFFERED BY THE WEBSITE
2.1. The Website allows the User:
2.1.1. to find goods and services (collectively, the “Goods”) offered by Decathlon;
2.1.2. to conduct online purchases;
2.1.3. to publish consumer reviews on Goods sold by Decathlon;
2.1.4. to publish photos and / or videos related to the Goods sold by Decathlon; and
2.1.5. to participate in various games and competitions provided by Decathlon.
2.2. The abovementioned list is provided for information purposes only. Decathlon reserves the right to add or remove features offered by the Website, either temporarily or permanently, without the consent of the User.
3. CONDITIONS OF USE
3.1. The Website is intended for adult South African consumers. Minors are required to seek the assistance of their parents or legal guardians should they wish to browse and/or make purchases on the Website. Decathlon and/or Decathlon Group shall not be held liable for any claim arising out of the incorrect or improper Use of the Website.
3.2. Access to the features provided by the Website as listed in clause 2, may be subject to the creation of an account requiring the disclosure of personal information about the User. Should You elect to register as a User on the Website, You will be required to provide Us with personal information which may include, without limitation, to the following:
3.2.1. name and surname;
3.2.2. email address;
3.2.3. physical address;
3.2.4. gender;
3.2.5. mobile number; and
3.2.6. date of birth.
3.3. The User agrees to provide accurate, complete and current information as to his/her identity and shall not impersonate any third party or misrepresent either himself/herself. To the extent that You impersonate any third party and/or misrepresent Yourself, Decathlon reserves the right to suspend or delete Your account.
3.4. Please refer to Our Privacy Policy document for information on how Decathlon will manage and protect Your personal data (which shall include Your personal information, and has the meaning as set out in the Protection of Personal Information Act No. 4 of 2013 (“POPI”) (“Data”).
4. UPLOADING OF CONTENT TO THE WEBSITE
4.1. In order to facilitate interaction between Users, the Website may offer certain services for uploading Content on the Website. For purposes of these Terms of Use “Content” is defined as anything submitted by the User from time to time on the Website, such as text, comments, pictures, photos, videos, or any other type of file regardless of its content or form.
4.2. The User is responsible for anything that may occur in his/her name and from his/her computer terminal. The User undertakes to notify Decathlon immediately, in the event that he/she has reason to believe that his/her username or e-mail address is or may be known by an unauthorized person. Decathlon accepts no responsibility/liability whatsoever should any claims arise as a result of the Use of personal Data of a User by an unauthorized third party.
5. CONDUCT ON THE WEBSITE
5.1. The User agrees when using the Website not to:
5.1.1. commit any illegal act or violate any law, ordinance or regulation;
5.1.2. remove or collect personal information of other Users of the Website by any means;
5.1.3. retrieve, save or exploit any content for any purpose other than in accordance with clause 6 below (the one displayed when browsing the Website that are subject to intellectual property rights relating to privacy or protection of personal information);
5.1.4. post Content that will give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever;
5.1.5. store, broadcast or publish any defamatory, unlawful, harmful, abusive, racist, hateful, revisionist, indecent Content or anything that may infringe on the intellectual property, proprietary rights or privacy rights of third parties.
5.1.6. store, distribute or publish any information revealing, directly or indirectly, political, philosophical or religious opinions, trade union membership, health condition or sexual orientation of any User, including himself/herself;
5.1.7. add content to the account of a third party;
5.1.8. impersonate a third party and/or publish any personal information to a third party; and
5.1.9. store, distribute or publish any element that may infringe, directly or indirectly, the interests of Decathlon and/ or Decathlon Group .
5.2. More generally, the User agrees to refrain from any behaviour that may be contrary to the values of Decathlon and/or Decathlon Group and/or sporting ethics.
6. INTELLECTUAL PROPERTY
6.1. Content Posted on the Website
The Content posted on the Website is subject to property rights protected under intellectual property laws, including, inter alia, copyright, designs, trademarks, domain names, patents, know-how, software or database rights. Both Decathlon and the Decathlon Group and its partners retain ownership of all such Content displayed on the Website and any associated rights.
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6.2. Content posted by Users
6.2.1. Any Content published by You on the Website may be subject to property rights, intellectual property rights, image rights or other rights. Such Content shall remain the property of the User, subject to the User granting Decathlon and the Decathlon Group a worldwide, non-exclusive, perpetual, royalty free, fully-paid and irrevocable licence to use, publish, display, reproduce, modify, edit, sub-license or otherwise use the Content for the purposes forth in these Terms of Use. Users are free to publish Content on the Website including via the service "photo sharing" and accept that such Content will be freely accessible by the public once uploaded. [You accept that this Content may be used by Decathlon and/or Decathlon Group for advertisements and/or other form of communication.
6.2.2. You acknowledge, agree and warrant that You possess all necessary rights and authorizations to any Content published by You on the Website , By such a publication on the Website, Users are aware of potential liability as a publisher of content within the meaning of the law.
6.2.3. Should You upload any Content in breach of clause 5.1.6, Decathlon shall terminate Your profile with immediate effect in accordance with clause 8.
6.2.4. [By uploading any Content onto the Website, You accept that Your name may, from time to time, be associated with such Content ]
6.2.5. Their publication, Users can authorize a content automatically become available on the internet, including on other websites and / or blogs and / or web pages including Decathlon Group pages including social networking site of Decathlon Group
7. LIMITATION OF LIABILITY
7.1. Limitation of Decathlon and Decathlon Group’s liability
7.1.1. Access to and use of the Website is at the sole risk of the User. You accept that, from time to time, the Website may contain links to third party websites (“Third Party Links”). By clicking on these Third Party Links, You acknowledge that Decathlon and/or Decathlon Group cannot guarantee the contents thereof. In these circumstances, You agree to access these Third Party Links at Your own risk. Accordingly, Decathlon and/or Decathlon Group shall not be held liable for any damages resulting from any access to and/or use of third party websites via the Website including any information it may contain.
7.1.2. The User hereby agrees and understands that, from time to time, Decathlon and/or Decathlon Group may have to temporarily suspend access to the Website for technical reasons, including, but not limited to maintenance. As such, You accept that these interruptions may occur from time to time, and waive any claim You may have in this regard.
7.1.3. You hereby acknowledge the characteristics and limitations inherent with the Internet, which shall include, without limitation, to technologies regarding response time, technical performance, the risk of interruption and, more generally, any risk involved in the transmission of any Data. As such, Decathlon and/or Decathlon Group cannot be held liable for :
7.1.3.1. information available on the Website not posted by Decathlon and/or the Decathlon Group;
7.1.3.2. any malfunction of the network that may prevent the proper functioning of the Website;
7.1.3.3. loss of any Data;
7.1.3.4. any software malfunction;
7.1.3.5. the consequences of any computer virus, computer bug, anomaly or failure; and
7.1.3.6. any damage to the User’s computer.
7.2. Furthermore, Decathlon shall not be held liable for any Content that is edited/manipulated by any third party (including any or other user). Decathlon shall remove any illegal and/or unauthorised Content without any prior warning or further notice to the User.
7.3. DECATHLON is not required to exercise prior control/scrutiny over the quality, safety, truth or accuracy of the Content posted by Users.
7.4. We shall not be liable to You in contract, delict (including for negligence) or otherwise:
7.4.1. for any amount in respect of any damage or loss arising from the consequences of Your Use of the Website, viruses received by You via the Website or of Our failure to provide the Website in accordance with this Agreement; or
7.4.2. for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from Your Use of the Website or through any viruses; or
7.4.3. for any failure to perform Our obligations or failure to perform Our obligations properly as a result of Our being prevented from doing so by an event beyond Our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to Us; fire; flood or storm).
7.4.4. Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, , then the other parts shall be severable and shall still apply in their entirety.
7.5. Indemnification by User
7.5.1. by using the Website, You agree to indemnify and hold harmless Decathlon and/or Decathlon Group for any damages, costs and expenses, direct and indirect, resulting from, without limitation:
7.5.1.1. any third party claims relating to any Content posted by You on the Website;
7.5.1.2. any activity or participation on the Website by You which is contrary to these Terms of Use and/or Privacy Policy, including activities of a fraudulent nature; and
7.5.1.3. any other violation of these Terms of Use not specifically mentioned herein.
7.4.2 Decathlon alerts the User about the need to publish Content in accordance with the ethical values of sport and the Decathlon Group.
8. CONTROL OF CONTENT SUBMITTED BY THE USER
8.1. Decathlon may terminate any registration and/or remove any profile and/or any Content or information posted on the Website, and prohibit the use and/or access to the Website, should the User breach any of these Terms of Use, at the sole discretion of Decathlon, or for technical reasons. This modification or deletion may occur immediately without prior notice or warning, at any time.
8.2. You have the option to remove Content posted on the Website. To do so, You must file an application for withdrawal of the Content by e-mail at the following address: [[email protected]]. This request must be accompanied by identifying information of said Content. For the Content posted via the service "Photo Sharing", the information necessary for removal is: name, address, email address used when submitting Content, year of filing, under the content. Decathlon cannot guarantee that the removal of Content from the Website will also result in its permanent deletion from all servers or the removal thereof from existing commercial communications.
8.3. [Any claim based and legitimate will be processed promptly by Decathlon without the latter cannot guarantee an immediate removal of access to content, the User acknowledges that Decathlon not commit any responsibility in this regard, especially because of the time needed to process the request, technical constraints or physically impossible to answer especially in the case where the content was taken by third parties.]
9. DISPUTES
9.1. Any dispute arising from or in connection with these Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
9.2. In the event of any dispute arising between You and Decathlon, You hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa.
10. GENERAL INFORMATION
10.1. For purposes of section 43 of the Electronic Communications and Transactions Act (“ECTA”), Decathlon’s information is as follows:
10.1.1. Full name: Decathlon South Africa Sports, a private company duly incorporated in terms of the Company laws of South Africa, registration number 30613890001294
10.1.2. Main business: RETAIL OF SPORT GOODS, E-COMMERCE AND REAL ESTATE ACTIVITIES
10.1.3. Physical address for receipt of legal service (also postal and street address): Maponya Mall 2127 Chris Hani Road, Klipspruit, Ext 5, Soweto, 1837
10.1.4. Office bearers: PostNet Suite #4 Private Bag X9976 Sandton 2146
10.1.5. Phone number: +27 10 592 1066
10.1.6. Official email address: [email protected]