Terms & conditions

PREAMBLE

The “Tumoov” Platform is an online service offered by the limited liability company TUMOOV whose head office is located on Boulevard Auguste Reyers, 15/1 at 1030 Brussels (Belgium), registered with the Carrefour des Entreprises Bank under the number 0732.711 .868.

This service provides in particular an à la carte sports training space allowing the User to select and follow sports and fitness courses according to his wishes (type of course, level of intensity, duration, frequency, etc.) .).

1. OBJECT

These general conditions of use relate to the legal framework for the use of the "Tumoov" Platform and its services. No derogation from these general conditions may be accepted without the express prior agreement of the Publisher TUMOOV. This contract is concluded between:

  • the manager, owner and publisher of the "Tumoov" Platform, hereinafter referred to as "the Publisher", and.
  • any natural or legal person wishing to access the "Tumoov" Platform and its services, hereinafter referred to as "the User"..

The use of the "Tumoov" Platform implies full acceptance of these general conditions, regardless of the technical means of access and the terminals used. The User declares to have read and to have expressly and unconditionally accepted these general conditions in force on the day of the creation of their member account or the validation of their first order on the "Tumoov" Platform. Access to the platform implies acceptance of these conditions. These general conditions of use apply, where applicable, to any variation or extension of the "Tumoov" Platform on existing or future social and / or community networks.

2. DURATION OF THE CONTRACT

The duration of this contract is indefinite. The contract takes effect with regard to the User from the creation of the member account or the start of the use of one of its services.

3. ACCESS TO SERVICE

3.1 The Publisher implements the technical solutions at his disposal to allow permanent access to the "Tumoov" Platform.

He may nevertheless at any time suspend, limit or interrupt access to the platform in order to carry out updates, content modifications or any other action deemed necessary for the proper functioning of the platform, without obligation of notice or of justification and at whatever moment and the necessary time needed.

3.2 Any User with internet access can access the Tumoov Platform free of charge from anywhere after having created a member account. Through this account, any use of the "Tumoov" Platform can only be done online, only for the exclusive use of the User and in strict accordance with the intended use of said platform as defined in article ***.

3.3 The User who wishes to follow the sports and fitness courses offered on the "Tumoov" Platform is responsible for the selection and acquisition of suitable computer equipment and a telecommunication service in order to be able to use the "Tumoov Platform" As well as costs related to the chosen telecommunication service and the acquisition of computer equipment. In order to benefit from optimal use of the "Tumoov" Platform, the required Internet connection speed must reach at least 5 megabits per second.

The User must also have basic knowledge in the use of digital tools in order to be able to register on the "Tumoov" Platform, order courses and follow them.

The User must also have a means of payment allowing him to make an online payment for each order placed.

When the User orders a course via the "Tumoov" Platform, he undertakes to be present at the starting time of the course and to schedule the time necessary for its installation and connection to the platform. The User is required to attend the course he ordered. Failing to be present at the start of the course ordered, the User cannot request reimbursement of said course.

3.4 The User who offers sports and fitness courses on the "Tumoov" Platform must have the necessary diplomas, accreditations and training enabling him to provide the courses offered. He also undertakes to provide, himself, each course ordered by another User.

The User who offers courses is responsible for the selection and acquisition of computer equipment and a suitable telecommunication service in order to be able to use the "Tumoov" Platform, as well as the costs related to the chosen telecommunication service and the acquisition of computer equipment. In order to benefit from optimal use of the "Tumoov" Platform, the required Internet connection speed must reach at least 5 megabits per second.

The User must also have basic knowledge in the use of digital tools in order to be able to register on the "Tumoov" Platform, offer courses and deliver them.

The User must also have a means of payment enabling him to receive and make payments online.

3.5 The Publisher declines any responsibility related to the characteristics, breakdowns and limits of the User's internet network. In particular, the Publisher cannot be held responsible for:

  • user connection difficulties;.
  • damage, material or immaterial, to the User's computer equipment and to the data stored there;.
  • consequences of any kind that may arise on the activities, personal or professional, of the User..

4. CONDITIONS OF ACCESS TO THE “TUMOOV” PLATFORM

4.1 In order to offer or follow the sports and fitness courses offered via the "Tumoov" Platform, each member is required to complete a registration form which will then allow him to access his Member Area and its content. When registering, the User agrees in particular to read these general conditions of use and the general conditions of sale of the "Tumoov" Platform.

4.2 The User undertakes to provide information that is perfectly accurate and conform to reality for the purpose of implementing the functionalities offered by the "Tumoov" Platform. The User must, moreover, carry out a regular verification of the data concerning him and, if necessary, immediately update his data in order to guarantee their permanent accuracy.

The Publisher cannot be held responsible for the accuracy or inaccuracy of the information provided by the User.

The User must therefore provide a valid electronic mail address (e-mail) on which the Publisher will send him a confirmation of his access to his services. This e-mail address can only be used once by accessing the services of the "Tumoov" Platform. Any communication made on this address by the Publisher or the "Tumoov" Platform is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received on the e-mail address provided and to reply to them within a reasonable time if necessary.

The User undertakes not to create a false identity such as to mislead the Publisher or third parties and not to usurp the identity of another person. Not having the technical means to ensure the identity of the people who access the "Tumoov" Platform, the Publisher declines all responsibility in the event of the theft of a User's identity. If the User considers that a person is trying to impersonate his identity or his account, he immediately informs the Publisher at the following email address: admin@tumoov.com. If it turns out that a user distributes or uses his identifiers in a manner contrary to their destination, the Publisher reserves the right to terminate the User's account without notice.

In the event of the provision of inaccurate information, such as to mislead or impersonate a User, the Publisher may immediately and without notice, without compensation, suspend or terminate the Member account of the User and deny him access to the “Tumoov” Platform or to all or part of its functionalities, temporarily or permanently.

4.3 Minors 16 years of age or older are admitted to register on the “Tumoov” Platform on the express condition that they are legally emancipated or that they have previously obtained from their parents or, where applicable, from the person with parental authority, authorization to do so. The Publisher reserves the right to request written justification at any time and to carry out any checks as well as to delete any member account in the event that said justification is not provided within the time limit.

The Publisher will immediately delete any member account upon receipt of a parental request to close the account and related content. The parents or the person with parental authority are informed that they can at any time oppose the processing of the minor's personal data and the dissemination of his image by sending a message to the following e-mail address: admin@tumoov.com.

5. RESPONSIBILITY OF THE USER

5.1 When registering, the User must enter a certain number of information (surname, first name, user name, etc.) including a valid and easily found phone number and electronic mail address. The User is responsible for the correct entry of his connection data. If the User enters incorrect information, the Publisher cannot be held responsible.

5.2 The connection identifier (login) and password (password) are intended to reserve access to the services for the User, to protect the integrity and confidentiality of the data exchanged. They are personal and confidential. The User is fully responsible for maintaining the confidentiality of his member account and undertakes to do everything in his power not to disclose login details, in any form whatsoever, in particular not to record them on paper or electronically, which could be easily consulted by a third party.

In the event of disclosure of the User's login and / or password, the Publisher declines all responsibility. The User alone will bear the consequences that could result from their use by third parties who are aware of them. The User is responsible for the protection of his material and data, the use made of the "Tumoov" Platform or its services and if he does not comply with these general conditions of use. The User assumes full responsibility for the use he makes of the information and content present on the "Tumoov" Platform. Any use of the service by the User, directly or indirectly resulting in damage to the "Tumoov" Platform, will be subject to compensation by the User.

5.3 When the User orders a course via the "Tumoov" Platform, he undertakes to be present at the start time of the course and to allow the time necessary for installation and connection to the platform.

The User is required to attend the course he ordered. Failing to be present at the start of the course ordered, the User cannot request reimbursement of said course.

5.4 When the User offers a sports or fitness course via the “Tumoov” Platform, he undertakes to be present at the start time of the course and to plan the time necessary for its installation and connection to the platform .

The User is required to provide the course offered for the entire time defined in the description thereof. If the course cannot be given under the conditions initially provided, the User offers an alternative solution.

The User must adapt his course according to the level of experience of the participants as well as their state of health. He also acts in a professional and responsible manner in all circumstances and treats the participants with respect and kindness.

If the coach is unable to attend (absence, technical problem, etc.), the course will be canceled and each registered participant will be entitled to reimbursement of said course.

5.5 The User agrees to use the “Tumoov” Platform for the sole purpose of providing fitness or sports lessons or following such courses, of sending and receiving messages in connection with the services offered by the Platform “ Tumoov ". Consequently, and not exclusively, the User agrees not to do the following:

  • bypassing the services made available on the “Tumoov” Platform by sharing private contact data such as an electronic mail address (e-mail), a Skype user name (or other telecommunications system), a telephone number, etc. in order to obtain customer contacts for personal use outside the "Tumoov" Platform..
  • proposing or recommending goods and services to the community other than those offered on the “Tumoov” Platform;.
  • extracting or collecting information relating to other Users;.
  • he use of any material or information, including images or photographs, made available via the "Tumoov" Platform in a way that infringes intellectual property rights;.
  • theft of identities;.
  • the use of the "Tumoov" platform in the context of surveys, spam or any duplicate or unsolicited message (commercial or otherwise);.
  • defamation, abuse, intimidation, threat and harassment, in any way, of other Users;.
  • the restriction or prevention of another user from using and enjoying the services offered via the "Tumoov" Platform;.
  • the use of the services offered by the "Tumoov" Platform under conditions liable to damage them, overload them and / or alter them;.
  • the publication, download, distribution, dissemination or encouragement of any practice of illegal, threatening, indecent or obscene activities;.
  • the downloading or making available on the "Tumoov" Platform of files containing videos, images, photographs or other elements protected by intellectual property rights, unless the User owns or controls the rights relating to content in question or if it has received the necessary consent to use said content;.
  • downloading onto the “Tumoov” Platform of viruses, corrupted files or other malicious codes..

Otherwise, the Publisher reserves the right to take any appropriate action, including legal action, and in particular to delete the User's account.

5.6 The User agrees to make comments respectful of others and the law, and accepts that his publications are moderated or refused by the Publisher, without obligation to justify.

The User is fully responsible for any content he puts online and he undertakes not to harm a third party. The Publisher reserves the right to freely moderate or delete content posted by Users at any time, without justification.

5.7 In the event that the User finds illegal content, he may notify the Publisher without delay to the email address: ***. The Publisher undertakes to act quickly to remove illegal content or make it impossible to access it as soon as it is reported.

5.8 By publishing on the "Tumoov" Platform, the User gives the Publisher the non-exclusive and free right to represent, reproduce, adapt, modify, and distribute his publication, directly or by an authorized third party.

The Publisher undertakes, however, to quote the User if his publication is used.

5.9 The “Tumoov” Platform uses Javascript technology and cookies. Disabling these technologies may make it impossible to access certain services and sections of the "Tumoov" Platform. The Publisher cannot be held responsible for malfunctions in the use of the site resulting from their deactivation.

5.10 The Publisher cannot be held responsible for direct or indirect damage caused to material linked to the use of the "Tumoov" Platform. In addition, the User of the platform agrees to access it using recent equipment, not containing virus and with a browser of last generation and kept up to date.

The Publisher cannot be held responsible for the appearance of bugs or incompatibilities caused by the use of resources external to the "Tumoov" Platform.

6. WARNING AND MEDICAL OBLIGATIONS

The use of the services of the "Tumoov" Platform requires a good general state of health and a good physical condition allowing participation in sports and fitness courses given or followed. It is therefore up to the User to take all the necessary precautions to ensure that he is physically able to practice the courses in question.

For this, it is the responsibility of the User to consult a doctor or a professional healthcare specialist before starting to use the services of the "Tumoov" Platform.

Not having the technical means and authorizations to ensure the state of health or specificities (injuries, state of health, etc.) of the Users, the Publisher declines all responsibility for any problems related to this state since it cannot, in any case, replace a professional medical opinion.

Before using the services of the "Tumoov" Platform, the User must consult a doctor in the event of:

  • cardiovascular illnesses ;
  • lung or respiratory tract diseases (including asthma);
  • muscular or neuromuscular diseases;
  • problems with the spine or back;
  • joint problems;
  • surgical procedures;
  • any other health problem.

People at risk and especially those suffering from diabetis, a disability, an injurey, are pregnant or breastfeeding, agree to be closely followed by a doctor throughout the use of sports or fitness classes provided or followed on the Platform " Tumoov ".

If the User feels the slightest pain or has the slightest doubt about his state of health, it is his responsibility to stop the services offered by the "Tumoov" Platform and to consult a specialist doctor before possible resumption.

In any case, the Publisher cannot be held liable for direct or indirect damage resulting from the use of the services of the "Tumoov" Platform or when the User has caused, purposely or not, the alleged damages due to the improper execution or interpretation of these general conditions. The services of the “Tumoov” Platform do not constitute medical advice or medical treatment.

7. RESPONSIBILTY OF THE PUBLISHER

The Publisher is not responsible for:

  • problems or technical failures or compatibility of the "Tumoov" Platform with any hardware or software;
  • direct or indirect, material or immaterial, foreseeable or unpredictable damage resulting from the use or difficulties of use of the "Tumoov" Platform or its services;
  • intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
  • illegal content or activities using his site without his having duly become aware of it.

Any malfunction of the server or the network managed by third parties cannot engage the responsibility of the Publisher. Likewise, the Publisher cannot be held liable in the event of force majeure or the unforeseeable and insurmountable fact of a third party.

The Publisher will endeavor, as far as possible, to keep the “Tumoov” Platform permanently accessible and to ensure its proper functioning but cannot be held responsible for any non-functioning or impossibility of access to services due to external circumstances, in particular the network or the mode of connection to the network.

The Publisher may decide to interrupt access to its services for reasons of maintenance or updating. The Publisher will then take all appropriate measures so that the User can be well informed of the interruption and its consequences (time of the interruption, duration, etc.). However, he cannot be held responsible for the possible consequences of these interruptions for the User or any third party.

The Publisher also undertakes to implement all the means necessary to guarantee security and confidentiality. However, he does not provide a guarantee of total security. The Publisher reserves the right to not guarantee the reliability of the sources, although the information disseminated on the "Tumoov" Platform is deemed reliable.

With regard to the payment of the services offered via the "Tumoov" Platform, the Publisher undertakes to set up a secure payment system.

Notwithstanding the above, the Publisher undertakes to reimburse the Users when a prior payment has been made for a course which cannot ultimately be given or followed due to a failure of the "Tumoov" Platform or an impediment of the coach planned to deliver the course in question.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Intellectual property rights cover all intellectual rights such as, but not limited to, the structuring of the "Tumoov" Platform, patents, brands, drawings, texts, logos, sounds, scripts , features, algorithms, models, copyrights, software and database rights, know-how, domain names and trade names.

8.2 The Publisher guarantees that it has all the intellectual property rights necessary for the exploitation of the "Tumoov" Platform, in particular all rights relating to the underlying IT infrastructure.

All Intellectual Property Rights on the "Tumoov" Platform as well as on all derivatives, adaptations, improvements, updates or versions provided by the Publisher or its suppliers, as well as all Intellectual Property Rights on the corresponding material, such as representations, logos, drawings, texts, documentation, know-how, and all adaptations and possible modifications thereof, belong exclusively to the Publisher.

Apart from the right to use the "Tumoov" Platform in accordance with these general conditions, no rights on it are granted to the User. It is therefore prohibited to reproduce, exploit, distribute, rebroadcast, display, sell or use for any reason whatsoever, even partially, elements of the "Tumoov" Platform, whether software, visual or audio. Any simple link or hypertext is also strictly prohibited without the Publisher's written agreement.

In the absence of authorization, the Publisher may immediately terminate and delete the User's account without justification, and without reimbursement, with or without reason, without notice, and initiate any appropriate action, particularly in court. Access to the "Tumoov" Platform does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the platform, which remains the exclusive property of the Publisher.

8.3 The intellectual property rights resulting from the "Tumoov" Platform are the property of the Publisher.

The User has non-exclusive and non-transferable access for the use of the "Tumoov" Platform. The User is prohibited from granting third parties sub-access or any other rights relating to the "Tumoov" Platform.

8.4 Each User is responsible for compliance with Belgian intellectual property legislation. The User can therefore not use any registered trademark whatsoever in the title, description or use of the sound and technical tapes belonging to this same brand. The Publisher therefore declines all responsibility in the event of non-compliance with the aforementioned legislation. Each User is thus held responsible if he infringes any copyright, trademark, patent, trade secret or other intellectual property right of the Publisher or another User.

9. PROTEXTION OF PERSONAL DATA

9.1 The legislation relating to the protection of personal data is applicable in the context of access to and use of the “Tumoov” Platform, namely, in particular, Regulation (EU) 2016/379 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC, (hereinafter the “GDPR ») And the law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.

9.2 The User must provide certain personal data to access the "Tumoov" Platform and to use its services. In addition to the surname and first name, the User's electronic mail address (e-mail) may in particular be used by the "Tumoov" platform for the communication of various information and for account management.

The User acknowledges having expressed his express agreement for the collection and processing of his personal data through the creation of a member account.

9.3 The Publisher acts as a processor within the meaning of the GDPR and it will exclusively process personal data on behalf of the User (data controller within the meaning of the GDPR). The User acknowledges and agrees that the Service Provider can write reports based on the data processed via the "Tumoow" Platform. These reports will not contain Personal Data.

9.4 The Publisher may grant its workers access to personal data to the extent that the workers in question need this access to perform their tasks. The Publisher will inform his workers in writing of the confidential nature of the personal data and he will have them sign a contractual obligation in the matter which provides at least the same confidentiality as that described in article 10. This obligation of confidentiality continues to apply 10 years after the end of the provision of services.

9.5 The Publisher undertakes to implement and comply with the appropriate technical and organizational security measures referred to in article 32 of the GDPR and necessary for the protection of personal data. The Publisher describes these measures in Appendix 1 of these general conditions (Norms and standards in force). The Publisher creates a register in accordance with article 30 of the GDPR.

9.6 The Publisher will not disclose in any form or in any way the personal data of Users to third parties, including subsequent subcontractors, nor will he give them access to this data, except in the following cases and conditions:

  • if contractual, organizational and similar technical security measures are adopted to protect personal data with regard to their recipient and the User has given his explicit prior written authorization to do so;
  • if the Publisher is obliged to grant such access under a binding Belgian or European legal provision.

9.7 The Publisher undertakes to help the User comply with his legal obligations in the context of the processing of personal data imposed under the GDPR. The Publisher can only provide assistance if he is informed of the processing of personal data as described in Appendix 2 of these general conditions.

As soon as the User requests it, the Publisher:

  • informs the User of the processing methods and gives him access to the personal data processed (including the documents, systems, software, hardware, databases, installations and infrastructures required);
  • cooperates in audits and inspections;
  • assists the User in determining the possible need to carry out a data protection impact analysis in accordance with Article 35 of the GDPR;
  • will immediately forward to the User any request or question from a data subject relating to personal data (or their processing) and if the User so requests, will assist in responding to the request or question.

9.8 The Publisher will immediately notify the User, by email or telephone, of any (presumption of) violation of the User's personal data which is taking place or has taken place. The Publisher will assist the User as far as possible in compliance with the appropriate procedure and, possibly, in the communication of a violation relating to personal data to the Data Protection Authority or the person (s) ) concerned.

9.9 The Publisher may not transfer personal data to a country outside the European Economic Area (i.e. currently: the European Union, Liechtenstein, Iceland and Norway), unless the country or company in question (including companies linked to the Publisher) to which personal data is transferred, guarantees an adequate level of protection of personal data and that the User has authorized the transfer in advance in writing.

In the event of transfer of personal data by the Publisher to a country outside the European Economic Area, the appropriate level of protection is guaranteed by the signing of the standard contractual clauses of the European Commission.

The parties recognize the absence of standard contractual clauses of the European Commission for transfers from "subcontractor to subsequent subcontractor". This particular transfer can be regularized insofar as the Publisher guarantees that his subsequent subcontractor will sign, at the discretion of the User, the standard contractual clauses of the European Commission "Responsible for the processing-subcontractor" directly with the Customer or the standard contractual clauses of the European Commission "Responsible for processing-subcontractor" with the Publisher on behalf of the User. In both cases, the Publisher will compensate the User for all damages and claims arising from the non-compliance with the standard contractual clauses of the European Commission by its subsequent subcontractor.

9.10 The further processing of personal data is discussed in more detail in Article 10.

10. CONFIDENTIALITY

10.1 The Publisher acknowledges that the information transmitted by the User in the context of the use of the “Tumoov” Platform and its services as well as the data that the User uses via the “Tumoov” Platform (“Confidential Information” ) is confidential.

Information that (i) is or becomes known to the public, without having been disclosed by the Publisher, is not considered Confidential Information; (ii) were already known to the Publisher before their disclosure; (iii) have been independently developed by the Publisher.

10.2 The Publisher does not disclose Confidential Information, except when it is required to do so due to legal requirements or by a court decision. In this case, the Publisher notifies the User beforehand, who then assists him.

10.3 The Publisher undertakes not to (i) modify the Confidential Information and not to use it for any other purpose than that agreed; (ii) entrusts the "Tumoov" Platform only to people whom the Publisher reasonably believes are trustworthy; (iii) gives access to Confidential Information only to persons who have been specifically designated for the execution of the "Tumoov" Platform for the User (the "need to know" principle); (iv) deletes all Confidential Information from the "Tumoov" Platform permanently, at the request of the User, as well as after 90 days from the deletion of the User's member account.

11. EVOLTUTION OF THE GENERATION TERMS OF AGREEMENT

The Publisher reserves the right to modify the clauses of these general conditions of use at any time and without justification. In this case, the User will be informed of these changes at the same time as the new general conditions are posted online.

In case of modification of the clauses of these general conditions of use, they come into force immediately or, for Users already registered, from the next order placed by the User.

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These general conditions are governed by Belgian law and interpreted in accordance with it.

If a provision of the general conditions should be held to be invalid or declared as such under the terms of a law, regulation or following a final decision of a competent court, the other provisions will remain applicable.

In the event of a dispute in the application of these general conditions, the parties will endeavor to resolve their differences amicably, in which case the parties will engage in mediation before starting any legal action. Otherwise, only the courts and tribunals located in the judicial district of the Publisher's registered office are competent.

TERMS OF SALES

PREAMBLE

These general conditions of sale are concluded between, on the one hand, the limited liability company "TUMOOV" whose head office is established on Boulevard Auguste Reyers, 15/1 at 1030 Brussels (Belgium), registered with Banque Carrefour des Entreprises under the number 0732.711.868, hereinafter referred to as "the Seller" and, on the other hand, any natural or legal person wishing either to order sports or fitness lessons through the "Tumoov" Platform , or offer such courses through this platform, hereinafter referred to as "the Client".

1. DEFINITIONS

"Tumoov" platform: The website https://www.tumoov.com made available to the Client under the terms and conditions of these general conditions.

Seller: The limited liability company TUMOOV, with its registered office at Boulevard Auguste Reyers, 15/1 at 1030 Brussels (Belgium), registered with the Carrefour des Entreprises Bank under the number 0732.711.868 and managing the "Tumoov" platform.Client

Any natural or legal person who has access to an account of the “Tumoov” Platform by means of a connection identifier (login) and a password (password) and who is authorized by the Seller to use said platform.

There are two categories of customers, namely coaches offering services (sports or fitness lessons) via the “Tumoov” Platform, on the one hand, and people who order such services on said platform, on the other hand .

Proposal: The proposal, by the Client, of services, translated by the proposal of sports or fitness lessons via the "Tumoov" Platform.

Ordered: The Customer’s request for services translates into the purchase of sports or fitness lessons via the “Tumoov” Platform.

2. OBJECT

These general conditions of sale define the contractual rights and obligations of the Seller and its Customer in the context of distance selling and by electronic means of the services offered on the "Tumoov" Platform.

The Proposal or Order of a service implies unreserved acceptance by the Customer of these general conditions of sale of which the latter acknowledges having read before ordering.

Before any transaction, the Customer declares:

  • that the purchase of services on the “Tumoov” Platform is unrelated, direct or indirect, with a competitive activity for the purpose of spying, copying, sabotage or any action contrary to the general conditions of use of the site .
  • Have full legal and financial capacity allowing him to commit under these general conditions of sale.

Non-compliance with one or all of these general conditions will result in the invalidity of the Proposal or the Order without any claim for compensation or refund being required.

The Seller retains the possibility of modifying these general conditions of sale at any time in order to comply with any new regulations or in order to improve the use of its platform. In this case, the applicable conditions will be those in force at the time of the Proposal or the Order by the Customer and the latter will be notified of any modification.

3. FEATURES AND SERVICES OFFERED

The “Tumoov” Platform allows coaches to offer all members of the platform, depending on the desired objective, interactive sports and fitness classes which can be given in a specific way (one person) or to groups of up to four participants.

Sports and fitness lessons are given virtually through a video conferencing platform accessible via the "Tumoov" platform. Tumoov allows coaches to set up their own classes defining the content, timing, date, price, etc. Each coach acts as a freelancer on the Tumoov platform and is responsible for insuring the quality and smooth running of each class. Tumoov acts as an intermediary e-commerce service platform so that customers have access to multiple coaches, different fitness classes taught in different languages and timings. The Tumoov platform guarantees an efficient planning, easy video conferencing system for live classes and a secure payment method.

In the event of non-receipt, at the latest 24 hours before the course, of an email or text message confirming the reservation, the User must inform the Seller so that steps are taken to find a solution such as:

  • Insuring the enrollment in the class
  • Cancelling the enrollment and refunding the class if needed
  • Contacting the coach to schedule a new session
  • Sending the step by step procedure to the customer to re-enrol in the class

4. FORMULAS AND RATES

4.1 In order to be able to offer or follow sports or fitness lessons, the Customer must first register (free of charge) on the "Tumoov" Platform.

4.2 The User who offers a sports or fitness course via the "Tumoov" Platform sets the price, duration and content of the course himself.

Information relating to the different courses offered can be viewed by selecting a course via this link: ***.

4.3 The prices are expressed in euros and all taxes included (tax included). Upon payment, a service fee of 1 EUR will be added to the price of the chosen course and a 15% commission will be deducted from the payment to the coaches as user fees for the "Tumoov" Platform.

4.4 The Seller reserves the right to modify the amount of the costs provided for in article 4.3 at any time, it being understood that the price displayed on the day of the order will be the only one applicable to the User.

5. MEMBER ACCOUNT AND ACCESS

5.1 Access and registration

Access to the course offer on the "Tumoov" Platform is subject to compulsory registration by the User.

Registration (free) and access to sports and fitness lessons (paid) from the "Tumoov" Platform are exclusively reserved for natural persons aged 16 or over, legally and financially capable, having finalized and paid for their order of a course available on the “Tumoov” Platform and having approved these general conditions of use and sale.

When registering, the User agrees to provide accurate, sincere and up-to-date information on his person and marital status. The User must, moreover, carry out a regular verification of the data concerning him in order to guarantee its accuracy.

The User must therefore imperatively provide a valid electronic mail address (e-mail) on which the "Tumoov" Platform will send him a confirmation of his access to his services. An email address cannot be used more than once to register on the "Tumoov" Platform.

Any communication made by the "Tumoov" Platform is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received on the electronic message address (e-mail) entered when registering and to respond within a reasonable time if necessary.

Only one registration on the “Tumoov” Platform is allowed per natural person.

The User is assigned a connection identifier (login) allowing him to access a member account whose access is reserved for him, in addition to entering his password.

The identifier is final, but the password can be reset by the User in case of forgetting via the login page to their member account. The login and password are personal, confidential and non-transferable. The User therefore undertakes not to communicate them to third parties.

The "Tumoov" Platform reserves the right, in any event, to refuse a request for access to the services available in the event of non-compliance by the User with the provisions of these general conditions of use and sale.

5.2 Termination of access and registration

The User can request, via the contact form in his member account or by sending an email to the address ***, the express and immediate deletion of his member account, which will result in the deletion of all of his personal data and the impossibility of being able to offer or follow courses via the “Tumoov” Platform.

This immediate, definitive and irreversible step remains entirely at the expense and is the responsibility of the User. It can therefore in no way give rise to a refund or any kind of compensation whatsoever payable by the Seller.

5.3 Removal of a User's access at the Seller's initiative

It is brought to the attention of the User that the Publisher reserves the right to remove access by a User who contravenes these general conditions of use and sale of the "Tumoov" Platform and, more particularly, in the following cases:

  • if the User makes illicit or disrespectful use of the conditions of the "Tumoov" Platform;
  • if the User voluntarily transmits erroneous information to the Seller, regardless of the mode of transmission of said information;
  • if the User voluntarily shares his own connection information to the "Tumoov" Platform to third parties;
  • if the User does not respect the rights and obligations incumbent on him in accordance with these general conditions of use and sale;
  • if the User is unable, voluntarily or not, to pay all or part of the sums provided when ordering.
  • If the Seller decides to delete a User's access for one of these reasons, this deletion cannot constitute damage for the User whose member account has been deleted. Any request for reimbursement or compensation cannot therefore be accepted.

Furthermore, this deletion does not constitute a waiver of any legal proceedings that the Seller may undertake against the User who has violated these rules.

6. DURATION AND INCESSIBILITY

These general conditions of sale are applicable from the validation of the order and until the complete performance of the services of each of the parties, except in the event of termination, cancellation or invalidity.

Regardless of the sports or fitness course chosen by the User, these general conditions of sale become a fixed-term contract by the chosen course which is non-transferable.

7. ORDER ONLINE

Sports and fitness lessons are offered on the "Tumoov" platform, subject to availability and the offer offered by coaches registered on the platform.

There are no limitations at how many classes a coach can set up on the Tumoov platform. However, he/she is responsible to make sure that there are no scheduling conflicts and that he/she will be able to attend all the sessions he/she scheduled.

The setting-up process for sports and fitness lessons offered on the Tumoov platform is made up of the following steps:

  • free registration on the “Tumoov” Platform;
  • information on personal identification information (surname, first name, telephone number, electronic mail (e-mail) address) , accreditations and diplomas and payment necessary for payment of the order;
  • unreserved acceptance of the general conditions of use and sale, the legal notices and the confidentiality policy of the "Tumoov" Platform;
  • set-up of a sports or fitness course content, price, date, time and maximum number of participants
  • selection of a cancellation policy;
  • sending the coach an email or text message confirming when a customer enrolled in the class.

The customer’s ordering process for sports and fitness lessons offered on the “Tumoov” Platform is made up of the following steps:

  • free registration on the “Tumoov” Platform;
  • selection of a sports or fitness course;
  • information on personal identification information (surname, first name, telephone number, electronic mail (e-mail) address) and payment necessary for payment of the order;
  • unreserved acceptance of the general conditions of use and sale, the legal notices and the confidentiality policy of the "Tumoov" Platform;
  • selection of the payment method;
  • validation and payment of the order;
  • sending the User an email or text message confirming the order.

By validating his order, the User accepts without reserve the price and the description of the chosen course (type of course, duration, timetable, etc.).

The User must accept, by checking the box provided for this purpose, the general conditions of use and sale, the legal notices and the privacy policy of the "Tumoov" Platform, so that their order is validated.

The User must give a valid e-mail address and acknowledges by these general conditions of sale that any exchange with the Seller may take place using this address.

The Seller reserves the right to block the User's order in the event of default of payment, incorrect email address, dispute between the parties or any other problem on the User's member account and this , until the problem is resolved.

8. CONFIRMATION AND PAYMENT OF THE ORDER

Each order placed on the "Tumoov" Platform requires payment, which means that placing the order implies payment by the User.

8.1 Payment by the User who ordered a course

The User makes the payment at the time of the final validation of the order by specifying his bank card or credit card number or by using the Paypal payment platform.

The User guarantees the Seller that he has the legal and financial authorizations necessary to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as the payment of the sums due under the command.

The Seller has put in place an order and payment verification procedure intended to reasonably guarantee it against any fraudulent use of a payment method, including by asking the User for identification data.

In the event of fraudulent use of the bank card or credit card without physical use of the card (use of the number of the bank card) or any other means of payment, any person may dispute the payment with the issuer of the card or supplier of the means of payment. The Seller cannot be held responsible for fraudulent use of the means of payment used when placing an order.

In the event of refusal to authorize payment by bank card or credit card from accredited bodies, Paypal or in the event of non-payment, the Seller reserves the right to suspend or cancel the order.

The Seller also reserves the right to refuse an order from a User who has not fully or partially paid for a previous order or with whom a dispute is pending.

8.2 Confirmation

Upon receipt of the validation of the order and payment by the User, the Seller transmits to the latter, on the email address he specified, a confirmation of the order as well as the connection procedure necessary for the 'access to the chosen course.

8.3 Payment of the User who delivered the course (coach)

When the course is over, the amount paid by the participant will be paid into the bank account or the Paypal account filled in by the coach, minus the service fees and user fees set out in article 4.3.

9. PAYMENT TERMS

Payment by bank card, credit card or via Paypal

The payment of the course price is full and immediate for payment in one go.

The User can select a payment method from the following options:

  • secure payment by bank card or credit card directly on the "Tumoov" Platform;
  • secure payment by Paypal via their platform.

The confirmation of an order implies acceptance of these general conditions of use and sale, the legal notices and the confidentiality policy of the "Tumoov" Platform as well as the recognition of having perfect knowledge of it and the waiver of availing oneself of its own conditions of purchase.

All the data provided by the User and the recorded confirmation will constitute proof of the transaction. The Seller will communicate to the User, by email, the confirmation of the registration of his order.

If the User wishes to contact the Seller, he can do so by email at the following address: *** or via the "Contact us" form on the "Tumoov" Platform.

10. TRANSACTION PROOF

Communications, orders and payments made between the User and the Seller may be proven using computerized registers, stored in the Seller's computer systems under reasonable security conditions.

The purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.

11. DEFAULT OF PAYMENT

Each order requires payment, which means that placing the order involves payment by the User.

Any failure to pay for a course will result in the total cancellation of the User's order. It could also result in the withdrawal of access to the "Tumoov" Platform and to the User's member account.

The removal of access to the "Tumoov" Platform and to the User's member account cannot constitute damage for the User whose course has been canceled. Any request for reimbursement or compensation cannot therefore be accepted.

12. RIGHTS AND WITHDRAWAL PERIOD

In accordance with articles VI.47 and following of the Code of Economic Law, the User has a period of 14 calendar days following the final validation of his order to exercise his right of withdrawal.

To do this, an official request must be sent by clicking on the cancellation button of the class they are registered for.

Given the organization and management of each course, no request for withdrawal may be made for courses taking place within 48 hours of sending the request.

Any request for withdrawal not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility and any obligation to reimburse.

Acceptance by the Seller of a withdrawal request results in the immediate cancellation of the course and any clause or service arising from the canceled order.

13. TERMINATION

The User can request, by sending an email to the address admin@tumoov.com the express and immediate deletion of his member account, resulting in the deletion of all his personal data and the impossibility of being able to offer or follow courses via the “Tumoov” Platform. This immediate, final and irreversible step remains entirely at the expense and responsibility of the User and cannot in any case generate a refund or any compensation whatsoever.

14. FORCE MAJEURE

The parties will be released from their obligations in the event that a circumstance constituting a case of force majeure prevents their execution. The obligations of the parties will then be suspended.

The party invoking such a circumstance must immediately notify the other party of its occurrence and disappearance.

Are considered force majeure, all irresistible, unpredictable, inevitable facts or circumstances which could not be prevented by the party concerned, despite all efforts and steps reasonably possible.

Among these circumstances are, without being limited to, the following circumstances: natural disasters (earthquakes, floods, fires, etc.) epidemic, brawls, terrorist acts, failure or delay in transport or communications.

If the case of force majeure lasts longer than a month, these general conditions may be terminated by the injured party.

15. APPLICABLE LAW AND COMPETENT JURISDICTIONS

These general conditions are governed by Belgian law and interpreted in accordance with it.

If a provision of the general conditions should be held to be invalid or declared as such under the terms of a law, regulation or following a final decision of a competent court, the other provisions will remain applicable.

In the event of a dispute in the application of these general conditions, the parties will endeavor to resolve their differences amicably, in which case the parties will engage in mediation before starting any legal action. Otherwise, only the courts and tribunals located in the judicial district of the Seller's registered office are competent.