Terms of Use

1) PRELIMINARY

These Terms of Use are agreed between:

– On the one hand, PRODUCTIONS ASSOCIEES ASBL (Social Running Activity No. 30261), registered with the Belgian Crossroads Bank for Enterprises under the number 0896.755.397 (VAT BE 0896.755.397) and whose registered office is located at 72, Rue Coenraets, 1060 Brussels, Belgium, hereinafter referred to as “The Company.”

And

– On the other hand, individuals wishing to benefit from the services, products, and goods offered by this website, socialrunning.com, hereinafter referred to as “the user.”

1.1. The services offered on this website allow users to benefit from the various products and services provided by The Company.

Any use or consultation of services provided by this website, whether free, paid, or requiring the creation of a user account, implies that the user agrees to accept and irrevocably comply with these terms of use.

In case of disagreement with the terms of the Terms of Use, the user must refrain from registering or requesting services from The Company.

The user who wishes to use the services of this website declares that they have full legal capacity to do so.

If the user acts on behalf of their employer, they guarantee that they have received the necessary delegation and authority for such an engagement. Becoming a member of this website implies full and complete acceptance of these Terms of Use, which are accessible at any time on the website, particularly when registering their data.

1.2. These terms constitute the sole agreement between the parties and take precedence over any other document. If a condition is missing, it shall be governed by the usual practices in effect.

1.3. The Terms of Use may be modified at any time. The user will be notified by email of any changes to these terms. The amended Terms will be published on this website and will automatically come into effect fifteen (15) days after such publication. These changes or amendments will not affect contracts that were concluded before the amendment takes effect.

1.4. Any order for a training session or service offered on the site implies prior consultation and explicit acceptance of the Terms of Use by the user, even without a handwritten signature.

In accordance with the law of July 9, 2001, setting certain rules for the legal framework of electronic signatures, it is recalled that the validation of an order form constitutes an electronic signature that holds the same value as a handwritten signature between the parties and serves as proof of the entire order and the obligation to pay any amounts owed in execution of said order.

PRODUCTS/SERVICES FOR SALE AND PRICES
2.1. This website allows any user to benefit from the various products or services offered on socialrunning.com; products and services created and developed by The Company, which retains all intellectual property and industrial rights over them.

2.2. The various services and products (non-exhaustive list: www.socialrunning.com) are presented on this website. Prices are quoted in euros and include VAT.

2.3. The user’s password, which allows them to identify themselves to access these services, is personal and confidential. The user is solely responsible for its use and undertakes not to disclose it to third parties.

2.4. The Company reserves the right to modify its prices at any time, but services and products will be billed based on the purchase price in effect at the time of order confirmation, subject to availability.

2.5. To place an order, the user must complete the order form available on the site, which includes the necessary identification information, such as name, first name, and delivery address. The Company cannot be held responsible for any consequences of incorrect information. After completing the order form, the user is invited to finalize the order by clicking “Confirm Order.” By doing so, the user fully and unreservedly accepts these Terms of Use and undertakes to pay the total amount owed, which is the purchase price plus any applicable fees, minus any discounts or vouchers.

2.6. The Company will confirm each order by sending an email to the user at the email address provided during registration (hereinafter referred to as “order confirmation”). This confirmation will include the order date, the product or service ordered, its purchase price, applicable fees, and delivery arrangements. The data recorded by The Company, as well as the order confirmation, will serve as proof of the contractual relationship between the parties.

2.7. The Company reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the user, full or partial non-payment of a previous order, or refusal of payment authorization by credit card institutions. In such cases, The Company shall not be held liable in any way.

2.8. Payment for purchases is made by credit card (Visa or Mastercard) or debit card (Maestro and Bancontact – Mistercash). When confirming the order, the user provides the name on the card, the card number, its expiration date, and the security code in the case of Visa and/or Mastercard. Some issuing banks may require an additional signature, such as a digipass. Payment is confirmed or not after verification by the issuing bank. If confirmed, the payment is debited after invoicing the order, in accordance with the agreed terms with the card’s issuing bank.

Ordered products and services remain The Company’s property until full payment of the purchase price and any applicable fees.

2.9. Delivery fees for the sale of products or services will be borne by the users. These will be displayed on the website based on the delivery location selected by the users, provided the chosen countries are part of the delivery area. Delivery will be handled by a third party (Post Office, etc.), meaning that The Company cannot be held liable for any issues related to delivery.

The data recorded by the seller, along with the order confirmation, will serve as proof of the contractual relationship between the parties.

PRIVACY POLICY
3.1. The data processed by The Company falls into two categories: data provided by users and data collected automatically.

More specifically:
– User contact information when users wish to post requests or offers on the website: name, first name, address, postal code, city, country, password, email, phone, mobile number.
– Any data, regardless of its nature, voluntarily provided by users to The Company, whether in the context of products and/or services offered by The Company or through communications exchanged, for example, by sending messages or inquiries on the website, communicating with The Company by email, participating in discussion forums, subscribing to newsletters, responding to surveys, downloading documents, etc.
– Their IP address, browser information, and the last web page visited.

3.2. To facilitate user access to their personal space, The Company may store cookies, including:
– Access code
– Password

A cookie is a small file sent by The Company’s server that is stored on users’ hard drives. It records information about the visited website and contains various details related to that visit. The Company’s cookies primarily serve to operate the website (technical session cookies).

The Company may also process user data from third parties, in cases where The Company receives such data.

The Company also uses cookies to:
– Update this website more effectively,
– Contact users for any purposes listed below,
– Generate statistics.

3.3. The information mentioned above is used for the following purposes:
– To provide users with access to the advertising services available on the site,
– To compile statistics on website traffic,
– To send invoices or order confirmations for advertisements on the site,
– To send users commercial or non-commercial information about The Company’s activities or any useful communication related to its social purpose, including product and service sales,
– To respond to user inquiries and manage registrations, including payments,
– To contact users quickly,
– To better identify users’ areas of interest,
– To facilitate users’ browsing and searches on the website.

3.4. Where required by law, users’ prior consent is sought for the processing of their data. If users no longer wish to be contacted in the future (e.g., via email), they may contact The Company by email at socialrunning@hotmail.com.

For email communications sent to users, an unsubscribe link will always be included.

The information collected may be used internally and externally and may be transferred to third parties with whom The Company has a contractual relationship. This includes the transfer of data to individuals interested in an online offer when such an operation involves a transfer of data and syndication of advertisements with affiliated sites. It also includes the transfer of data to individuals outside the European Union in countries that guarantee an adequate level of data protection.

Personal data may be disclosed at the request of judicial authorities or law enforcement agencies without prior user consent.

3.5. The Company may partner with or have special relationships with online advertising agencies, which may receive user data as subcontractors. Since technology evolves, The Company may process data in ways not yet anticipated. In such cases, The Company will contact users before reusing their data to inform them of the changes and give them the opportunity to refuse such reuse if necessary.

In accordance with the law, users have the right to access information about them and request corrections. Upon request, they can view the personal data held about them and correct any inaccuracies. If users wish to exercise these rights, they can contact The Company at the address listed at the bottom of this document.

Of course, users can always modify their personal data. To do so, they should access their personal space and update their contact information.

In case of any issues, users can contact The Company at the following address:

Avenue de la Charmille 18/74,
1200 Brussels, Belgium
Email: socialrunning@hotmail.com

INTELLECTUAL PROPERTY

4.1. The Company owns all Intellectual Property and Industrial Rights (copyright, designs, trademarks, software, databases, etc.) related to all elements of this website (www.socialrunning.com), whether visual, written, auditory, or audiovisual, including the underlying technology. These remain the sole and exclusive property of The Company.

4.2. Information, logos, designs, trademarks, models, slogans, graphic charters, and generally, all content accessible through this website are also protected by Intellectual and Industrial Property rights. Unless explicitly authorized by The Company and/or the relevant third party, the user is not allowed to modify, reproduce, rent, borrow, sell, distribute, or create original or derivative works based in whole or in part on the elements available on this website. It is therefore prohibited to copy, distribute, modify, create a derivative or original work identical, similar, or competing with the elements displayed and sold on this website, reverse engineer, or attempt to discover the source code, sell, assign, sublicense, or transfer in any way the rights related to this website and its content.

4.3. Regarding remote training services (e.g., online courses, distance counseling), the user is granted a limited private usage right for personal use only and for a set period. It is strictly prohibited to share the content of these services with third parties.

4.4. A user who owns a personal website and wishes to place a simple link redirecting to the homepage of this website must obtain prior written permission from The Company.

However, any hyperlink redirecting to The Company’s website using framing or in-line linking techniques is strictly prohibited.

In all cases, any hyperlink must be removed immediately upon The Company’s request.

RIGHT OF WITHDRAWAL AND RETURN POLICY

5.1. In accordance with Article VI.53 of the Belgian Economic Code, if the products or services purchased on the site do not meet the user’s expectations, they have fourteen (14) calendar days, starting the day after delivery, to withdraw from the purchase without penalty and without providing reasons, in line with Belgian economic law.

It is noted that users can only exercise their right of withdrawal if they are consumers as defined by the Belgian Economic Code.

Within this period, the user must notify The Company of their intention to exercise their right of withdrawal by following the procedure below:

• Send an email to contact@socialrunning.com.
• Provide the user’s full name.
• Provide a detailed description of the concerned items, referencing the invoice number and date.

5.2. In case of withdrawal within the specified period and return of the products within fourteen (14) days of the communication of the decision to withdraw, The Company agrees to refund the purchase price, provided it has been paid, upon receiving the product(s). In this case, the user will not receive any amount.

5.3. For returned products, The Company will credit the user’s credit card for the purchase price, less any discounts or vouchers applied to the order. The refund will be processed in accordance with the terms agreed with the card issuer.

5.4. The product(s) must be returned properly protected, in its (their) original packaging, in perfect resale condition (not damaged, soiled, or otherwise altered), along with all accessories, instructions, tags, etc. Otherwise, they cannot be accepted for return or exchange.

5.5. Items for which no identifying information is provided (return number, order number, name, address) cannot be accepted. Items returned that cannot be accepted for return by The Company will be held at The Company’s premises for the user.

5.6. The buyer may not exercise their right of withdrawal if the delivered products have clearly been used, are damaged, have missing parts, or have had their tags removed.

5.7. Customized or personalized products/services cannot be returned or exchanged under any circumstances.

5.8. The seller mentions on the website the conditions, time frame, and terms for exercising the right of withdrawal.

5.9. In case of abusive cancellations, The Company reserves the right to refuse any future order.

5.10. The right of withdrawal does not apply in the following cases as specified by the Belgian Economic Code:

• For remote training, counseling, or any other distance service once the service, counseling, or training has begun and is being followed by the user.
• For any service or product after the service has been fully performed: a) if the performance began with the user’s prior express consent, and b) if the user has acknowledged that they will lose their right of withdrawal once the service has been fully performed by The Company.
• The supply of goods or services whose price depends on fluctuations in the financial market beyond The Company’s control and which may occur during the withdrawal period.
• The supply of goods made to the user’s specifications or clearly personalized.
• The supply of goods that are liable to deteriorate or expire rapidly.
• The supply of sealed goods that cannot be returned for health protection or hygiene reasons and have been unsealed by the user after delivery.
• The supply of goods that, after being delivered and by their nature, are inseparably mixed with other items.
• The supply of alcoholic beverages whose price was agreed upon at the time of the sale contract and whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations beyond The Company’s control.
• Contracts where the user has expressly requested The Company to visit them to carry out urgent repair or maintenance work. If, during this visit, The Company provides services beyond those specifically requested by the user or supplies goods other than the spare parts necessary for the maintenance or repair, the right of withdrawal applies to those additional services or goods.
• The supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery.
• The supply of newspapers, periodicals, or magazines (except for subscription contracts to such publications).
• Contracts concluded at a public auction.
• The provision of accommodation services (other than for residential purposes), transportation of goods, car rental, catering, or services related to leisure activities if the contract provides for a specific date or period of performance.
• The supply of digital content not supplied on a tangible medium if the performance has begun with the user’s prior express consent, who also acknowledges that they will lose their right of withdrawal.
• Gambling and lottery service contracts.

LIABILITY

6.1. The Company cannot be held responsible for any indirect damage such as loss of income, data, clientele, financial or commercial harm, loss of profits, or immaterial damage.

6.2. This website does not constitute a storage medium for users’ data and files. Users are therefore responsible for saving their data and files on media other than this website.

6.3. The Company cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses, or for any event classified as force majeure, in accordance with case law.

6.4. Similarly, The Company cannot be held responsible for any changes in the functioning of this website, cancellation, or other issues that may arise due to force majeure or any other cause beyond its control. The Company reserves the right to suspend the execution of a request in a situation of temporary force majeure until the circumstances causing the force majeure disappear. If, however, the force majeure situation is permanent, the parties may agree to terminate the contract without any obligation of indemnification.

6.5. In any case, The Company’s potential liability cannot exceed the amount paid by the user for the requested services. The Company will provide its services following industry best practices, but it is expressly agreed that The Company is only subject to a general obligation of means, which includes providing advice and recommendations to the user.

6.6. In some of its sections, this website contains hyperlinks to content from third parties or to websites operated by third parties. The Company cannot be held responsible for the quality or accuracy of this content or these websites. The Company also cannot be considered as approving, publishing, or authorizing these websites or their content. Therefore, the operators of these websites are solely responsible for complying with the laws and regulations applicable to the products and services they offer on their websites, particularly regarding consumer protection, distance selling regulations, and pricing regulations.

6.7. Any change in the legal form of one of the parties will not terminate this contract, which will continue for the remaining term between the party who has substituted the rights and obligations of the first party and the other party.

6.8. The user agrees not to exploit, protect, seek protection for, or exploit (directly or indirectly through third parties) in any country any elements similar to those for which they have wrongfully recovered original characteristics of the services, creations, training, or advice, or any elements likely to cause confusion in the minds of consumers.

MISCELLANEOUS

7.1. The user acknowledges having read the Terms of Use and expressly accepts them without reservation.

By placing an order on this website, the user fully accepts these Terms of Use, which are accessible at any time on the website and, in particular, when the order is placed. Unless proven otherwise, the recorded data will constitute proof of transactions and their date.

7.2. These Terms of Use constitute the sole agreement between the parties and take precedence over any other document. If a condition is missing, it will be governed by the practices in force in the distance selling sector in which companies have their registered office in Belgium.

7.3. The Company reserves the right to make changes to these Terms of Use if necessary, particularly in the case of technical, legal, or jurisprudential developments or following the launch of new services on this website.

Users will be notified of these changes by email, sent to the address provided during registration.

7.4. If one of the clauses of these Terms of Use becomes void due to a change in legislation, regulations, or a court decision, this shall not affect the validity and enforceability of the remaining Terms of Use.

7.5. If one party does not enforce a failure by the other party to meet any of its obligations under these Terms, this shall not be construed as a waiver of the obligation in question.

7.6. These Terms of Use will not be interpreted as creating any partnership, joint venture, or other association between the contracting parties. No obligations arising from the 1978 Employment Contracts Act will apply to the relationship between the parties, with The Company acting solely as an independent intermediary.

7.7. Computerized records, stored in The Company’s and its partners’ computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The parties accept the principle of electronic proof (e.g., email, backups, etc.) as part of their relationship.

7.8. The Company reserves the unilateral right to prohibit access to all or part of the website to any individual or entity:

• who violates these Terms of Use,
• who uses the personal data accessed through the website to offer paid products or services or send unsolicited mass emails (“spam”) to other users,
• who harms the reputation of the website,
• who infringes the intellectual property rights of third parties,
• who uses the website for illegal purposes.

TERMINATION

The Company has the right to terminate all or part of the contract automatically, starting from the date the contract takes effect:

• in case of a breach by the user of any obligations imposed by these Terms, five (5) calendar days after receiving an email or registered letter with acknowledgment of receipt requesting that the breach be remedied and remaining unresolved. The Company may terminate this contract automatically, without prejudice to any damages The Company may claim under these Terms.
• if the user is subject to bankruptcy, liquidation, or judicial reorganization, subject to the legal and regulatory provisions in force, including the right of the judicial administrator to demand the continuation of the contract.

APPLICABLE LAW AND COMPETENT COURTS

These Terms of Use shall be interpreted in accordance with Belgian law. The parties agree to try to resolve all problems that may arise concerning this contract or its application, including through civil/commercial mediation. The mediation process will be limited to one month from the date of the mediation request by the party seeking mediation. If the issue is not resolved within this time frame, the courts of the Brussels judicial district applying Belgian law will have exclusive jurisdiction.