Preamble

These General Terms and Conditions ("GTC") determine the rights and obligations of the parties in connection with the online sale of the services offered by Hexeko SRL.

To do this, Hexeko SRL has developed and publishes the www.hexeko.com Website dedicated to the registration of Users for the access service to partner sports halls and sport events.

The user must always read and accept the GTC before booking a sports session. Any online booking will be considered as an explicit and unconditional acceptance of Hexeko SRL's General Terms and Conditions.

The User waives the application of any General Terms and Conditions and acknowledges that he or she has read and unconditionally accepted Hexeko SRL's General Terms and Conditions. The User's reference to his own General Conditions does not imply that Hexeko SRL accepts the user's General Conditions.

Contact details of Hexeko SRL, which operates the www.hexeko.com Website:

• Hexeko SRL
• Société Privée à Responsabilité Limitée
• Registered office: Avenue Roger Vandendriessche 18-20, 1150 Bruxelles
• TVA: BE 0690.749.173
• Company number (BCE): 0690.749.173
• RPM Bruxelles
• E-mail: [email protected]

Article 1. Definitions

In these GTC, the following words, whether used in the singular or plural, are defined as follows:

• "The Company" or "Hexeko SRL" or "We": the company Hexeko SRL SPRL, operating the www.hexeko.com Website dedicated to the online sale of access to sports halls or registrations for sporting events.
• "You" or "User": visitor, customer or member of the www.hexeko.com Website.
• "www.hexeko.com" or "the Website": all the content and pages to which the User or Member has access at www.hexeko.com, namely an online sales platform for access to sports clubs/centres and events.
• "General Conditions": general conditions related to the use and sale of services and products on the www.hexeko.com Website.
• "Visitor": any person who occasionally visits the www.hexeko.com Website, not registered as a Member.
• "Member": one (or all of the) users of the Hexeko service validly-registered and whether they have or have not paid for the use of Hexeko.
• "Account": the individual account of each member, created upon registration for the Service.
• "Content": content of any nature registered, published on the www.hexeko.com Website by LCL Development, a user, a Member or any third party. The contents include texts, words, information, images, videos, sounds, data and hyperlinks.
• "Partners": Partner or clubs/centres selected by Hexeko to provide the service to the beneficiary.
• "Client": any person, natural or legal, making a reservation with a Partner via the Hexeko Website.
• "Services": services offered by a Partner in relation to the practice of sport and which are offered to you from the www.hexeko.com Website allowing you to access the services of Partner rooms.
• "Ticket": offers of access to sports clubs/centres and partner events offered by Hexeko SRL.

Article 2. Acceptance of the GTC

Without prejudice to the application of specific conditions, the purpose of these General Conditions is to govern the contractual relations between Hexeko SRL, which operates the www.hexeko.com Website, and the Client.

The Client acknowledges having read these General Terms and Conditions and the Privacy Policy and accepts their terms and conditions without reservation or restriction. This acceptance will result from the customer checking the box corresponding to the following sentence before placing his order: "I accept the General Terms and Conditions as well as Hexeko's privacy policy". Checking the box will be deemed to have the same value as a handwritten signature from the Client.

The General Terms and Conditions shall apply to the exclusion of any other document, clause or indication to the contrary, subject to the provisions of the internal regulations and the Partners' own General Terms and Conditions from which these Terms and Conditions do not derogate. Before any order, it is therefore recommended that any Customer read the internal rules and/or the General Terms and Conditions of the partners.

In view of the possible extensions and improvements of the service offered, Hexeko reserves the right to adapt, revise or modify these General Terms and Conditions at any time and without notice. The modifications will therefore come into force after the new conditions have been posted on the Website.

Article 3. Access and operation of the Website

3.1 Access to the Website

The Site is accessible 24 hours a day, 7 days a week, except in cases where the Services are suspended or interrupted, in particular for the following reasons:

• Website maintenance;
• Events dependent on a third party and in particular any difficulty related to telecommunications operators and computer systems used by the User;
• Events of force majeure recognised as such by the case law of the Belgian courts;
• Events depending on the User's actions and in particular in the event of the User's failure to comply with any of his obligations under this Contract.

In addition, Hexeko SRL is free at any time to remove the Website and to put an end to its publication on the Internet network.

As “Hexeko" is an online service, Users and Members must have an Internet connection to access it. All costs of telephone connections and Internet access are at their own expense.

Hexeko SRL does not provide the User with any hardware means, including telephone installation, terminal equipment, software or subscription, to connect to the Website.

To access the Service, the User must create an account on www.hexeko.com

Hexeko SRL has only an obligation of means regarding access and use of the Service.

Thus, Hexeko SRL cannot be held responsible for the unavailability, interruption or malfunction of the Website, for any reason whatsoever and in particular in the event of failure of its Internet service provider, its host, intrusion by third parties or force majeure.

Hexeko SRL cannot be held responsible for any direct or indirect inconvenience or damage inherent in the use of the Internet network, such as the presence of computer viruses or spyware.

3.2 Website Description

Hexeko SRL strives to accurately and realistically illustrate the Services offered to you through the Website.

The description of the services on each Partners' pages has been transmitted to Hexeko SRL by the Partners themselves under their sole responsibility. It is further specified that the photos and illustrations associated with the descriptions of Services remain illustrative and are not enforceable against Hexeko SRL.

This information may evolve and be modified.

Article 4. Registration procedure

4.1 Registration conditions

Registration on the Website is reserved:

• for physical persons, adults aged eighteen (18) years and over, or having reached the legal age of majority in their country of residence or having obtained the consent of their legal representative (parent or guardian) if they are minors;
• for legal persons (company or service provider).

4.2 Creating an Account

Access to the Services is carried out by the registration of an Account by filling out and/or providing the required mandatory information and in particular:

• Surname (for registration)
• First name (for registration)
• Email address (for registration)
• Password (for registration)
• Date of birth (for registration)
• Mobile phone (for registration, in some cases)

The Account is a User account put at your disposal via your email address and password. It will allow you to access the Service. This information is strictly personal and confidential.

The User or Client only has a right of access to the Service, through an Account made available to him/her, which remains the property of Hexeko SRL.

The management of the Account and personal information is only carried out on www.hexeko.com

The Account must comply with at least the following rules:

• personal information must be accurate, verifiable, complete and up-to-date. A valid personal email address must be entered.
• connections to the Account (schedules, countries, Internet service provider, prohibition of proxies) must correspond to normal use of a User Account.

4.3 Security

To ensure the security of each Account and thus avoid Account theft commonly called "Account hacking", the Customer undertakes to:

• not to give access to his Account to a third party. The loan, sharing, exchange, donation, purchase, transfer and sale of Accounts is prohibited and will not be enforceable against Hexeko SRL;
• take all measures to prevent third parties from accessing their Account;
• not to use the Account of a third party;
• not to disclose your login details, namely the account name (login) and password;
• use a personal email inbox and do not share the related email address;
• see that Hexeko SRL can easily contact them, for whatever reason, via his email address.

The Client is informed that his account may be closed without notice or compensation in the event that the information transmitted proves to be inaccurate or contrary to the provisions mentioned above.

4.4 Liability

The security of the Account is the sole responsibility of the Client. Hexeko SRL cannot be held responsible for any damage to the Customer's Account or computer as a result of the loss or sharing of Account identifiers.

Availability on www.hexeko.com does not depend on Hexeko SRL's willingness but on that of the Partners. Availability is therefore only given as an indication.

Neither can Hexeko SRL be held liable in the event of account theft or any alterations to the Customer's Account.

The Client also acknowledges being the Account User and responsible for the actions undertaken via their Account and on their Account.

The Client acknowledges that Hexeko SRL is not responsible for all electronic communications and content they send and that they must use the Service in compliance with applicable laws.

In its position as an intermediary, Hexeko SRL cannot be held liable for theft, bodily injury or damage that the Client may suffer in the use of the Partners’ service.

4.5 Duration of registration

Registration is valid for an indefinite period of time. The User can terminate his Account at any time by sending an email to [email protected] so that his account can be disabled.

This request shall be carried out and shall take effect within a maximum period of 15 working days from receipt by Hexeko SRL of the request to close the Account concerned.

In any case, this cancellation shall not give rise to any right to reimbursement of the Services invoiced by Hexeko SRL prior to the effective date of the cancellation. Any month started will thus be due.

From the date of the closure of his account, the User acknowledges that all of his personal information shall be deleted or archived by Hexeko SRL as provided for in Article 11, and that it is therefore the User's responsibility to request all the data he wishes to recover before closing his Account.

With regard to corporate Customers, the Agreement takes effect as soon as it is signed by both Parties and for a period of one year.

Beyond the initial term provided for in the first paragraph of the agreement, the contract shall be tacitly renewed for successive one-year periods, unless terminated by one of the parties.

Corporate customers may put an end to their contract, regardless of its nature and within one month’s notice without any indemnisation.

Article 5. Obligations of Hexeko SRL

Hexeko SRL undertakes to provide Customers with a Website allowing each Customer to consult the sports clubs and events available according to the activities that the Partners offer and according to a specific geographical location.

Article 6. Obligations of the user

6.1 Obligations related to content and comments posted on the Website

The User is solely and exclusively responsible for the content he/she posts on the Internet and in his or her dedicated areas. Under no circumstances can Hexeko SRL be considered as responsible for the content created and/or distributed by the User. The User undertakes that his content and comments will not infringe the rights of third parties (respect for copyright, regulations on discrimination, right to reputation and privacy, defamation, etc.). The Customer shall not at any time make abusive, pornographic, racist or offensive comments on the Website.

Hexeko SRL has a right to review the comments provided by the User on the Website. In this respect, Hexeko SRL may censor some comments provided by the User. However, the User is solely responsible for the comments he or she makes on the Website and undertakes to guarantee, on first request, to indemnify and compensate Hexeko SRL for any damage, loss, shortfall, complaint, liability and costs that Hexeko SRL may incur if the latter is held liable by a Partner or other third party as a result of an action related to this use of the Services by the User.

6.2 Obligations related to access to Partners

The Client must, at all times, comply with the internal regulations in force in the centre of the Partner that is the object of his order (appropriate clothing, up-to-date medical examination, opening hours, etc.).

Orders made on the Website are personal and cannot be transferred. An identity document may be requested by the Partner in order to ensure the coincidence and regularity between the person who placed the order and the person physically present at the Partner's premises.

Article 7. Purchases

Purchases made by the Client are made through the online purchasing system accessible on the Website to the exclusion of any other means of communication.

In particular, no purchase may be made by telephone, mail, e-mail, fax or other means. The order is preceded by an acceptance of these General Terms and Conditions.

Any purchase leads to the immediate payment for the Service.

The purchase takes the form of a Ticket allowing him to access certain infrastructures depending on the formula chosen.

The Ticket has a fixed duration and is chosen at the time of purchase. Its validity period to use it is indicated at the time of purchase.

Article 8. Price and methods of payment

8.1 Prices

The price of the Ticket registration is the one in force at the registration date indicated on the registration form.

The prices of the Service offered are those in force as they appear on the Website on the day of subscription of the Ticket according to:

• the activity;
• the sports centre;
• the location;
• the duration of the Ticket or the number of sessions chosen.

Rates are expressed in euros and calculated for all taxes combined.

8.2 Payment

The Customer pays for his online purchases by credit card (Visa, MasterCard, American Express) using a secure payment system (Stripe).

For more information about our payment partner Stripe, please refer to their security standards (https://stripe.com/fr/legal) or contact them via email [email protected]

Stripe's contact details: 510 Townsend Street, San Francisco, CA 94103, USA.

The payment that the Client makes for his registration is processed by Hexeko SRL within three (3) days. Once the payment has been confirmed and approved, the reservation is accepted and a reservation confirmation e-mail will be sent to the Client.

The order validated by the Customer shall be considered effective upon confirmation of the bank’s agreement to debit the client’s bank account.

In the event of refusal by the bank, the order shall be automatically cancelled, and the Client is notified by email.

In order to ensure the security and confidentiality of the Customer's bank details, payment is carried out in a perfectly secure environment, using the Stripe online payment processing solution, which allows data to be encrypted and transmitted over the banking network.

In order to ensure that no one uses a card fraudulently, Hexeko SRL also reserves the right to verify the personal data provided by the Client for an amount over a hundred euros (100). The Client may also be asked, by post or e-mail, for a copy of his identity card and/or proof of residence and/or a bank document.

The absence of response within five (5) days of the request shall automatically result in the cancellation of the order and without any possibility for further claims.

Finally, Hexeko SRL reserves the right to refuse any order that presents one or more risk factors of fraudulent use of credit cards.

Invoices for Corporate Clients are payable on the due date indicated on the invoice. Failing this, they are payable in cash.

Any amount due that is not paid on the due date shall automatically and without prior notice bear interest at the annual rate of 15% late from the due date of the invoice until full payment.

In addition, any amount due that is not paid by the due date of the invoice shall be increased by a lump sum equal to fifteen percent (15%) of the total amount of the invoice. This indemnity will bear interest at the legal annual rate immediately and without prior notice.

For any establishment not included in our offer, but which meets the conditions of use of the sport and culture voucher, a refund of the activity can be made. We will deduct the desired amount from the customer's wallet, checking that the information filled in corresponds to the various criteria, and will proceed with a refund to the customer's bank account within 7 working days of the request. An administration fee will be deducted from the price of the refund request.
A Hexeko Visa card is also available to customers who have subscribed to the product. Available in both virtual and physical formats, it allows you to pay online via the merchant's website or directly in shop if you have the physical card.

Article 9. Right of withdrawal

In accordance with Book VI "Market Practices and Consumer Protection" of the Belgian Code of Economic Law, the Client who orders products and/or services from the seller/service provider remotely has a period of fourteen (14) calendar days from the day of conclusion of the contract, i.e. the day on which the consumer received the summary of his order, in particular by email.

When this period expires on a Saturday, Sunday or public holiday, it is extended to the first following working day.

The consumer may notify his willingness to waive the purchase by means of a withdrawal form. The User can request this form via email at [email protected].

The consumer who expressly accepts that the service ordered be performed before the expiry of the fourteen day (14) period and acknowledges that this performance will cause him to lose his right of withdrawal, may no longer exercise this right, in accordance with Article 53 of Book VI of the Code of Economic Law.

Article 10. Case of force majeure

Hexeko SRL may not be held liable in cases of force majeure, as provided for by law and as defined by the jurisprudence of Belgian courts and tribunals, including the interruption, reduction or disruption of electricity or other power or any interruption of telecommunications networks.

Article 11. Protection of personal data

In accordance with its confidentiality policy, Hexeko SRL complies with all applicable provisions relating to the protection of privacy and personal data, in particular the General Data Protection Regulation with regard to the processing of personal data and any relevant provisions.

11.1 Data collected

Hexeko SRL collects and retains the personal data listed in Article 4.2 that the User has voluntarily and directly provided, and at the time of registration to the Service or in the context of the use of the Service.

11.2 Purposes of data use

The User is informed and accepts that Hexeko SRL, in its capacity as controller, collects and processes his personal data for the following purposes:

• Administrative and commercial management of Services;
• Processing requests (including providing and improving services);
• Payment collection (including facilitating payments and sending receipts);
• Generating anonymous statistics on the use of the service, centres visited or the types of sports practised;
• Carrying out tests or surveys on the quality of the Service, areas for improvement or any other information likely to enable Hexeko SRL to improve its service, operations and services;
• Sending communications of interest to the User relating to the use of the Services;
• Performing internal operations, including for example to prevent fraud and misuse of services, troubleshooting software bugs and operational problems, perform data analysis, testing, research, monitoring and analysis of usage and activity trends;
• Customizing and improving services, including offering or recommending features, content and advertisements;
• Ensuring compliance with applicable legislation and respond to an injunction from the legal authorities, in particular to combat fraud and, more generally, any criminally reprehensible activity;
• Checking the consistency Users statements with the following documents: identity document, proof mentioning the date of birth of the child(ren), proof of address, proof of public liability with the surname and first name of the child(ren);
• Checking that any employee subscribed via a contract subscribed thanks to his company is still working in the said company.

11.3 Recipient of the data collected

The collected data can be communicated to the Partners, to corporate customers of the corporate offer (whose employees have subscribed through their company), to subcontractors and service providers of LCL Development. These data transfers are made only in the context of the operations mentioned previously and within the limits necessary for the execution of the tasks that we entrust to third parties. When the nature of the operation performed allows, is subject to prior anonymised before being communicated to third parties.

Hexeko SRL may also transmit the data if legally required in order to comply with any legal request, in the context of inquiries and investigations or to ensure the safety of its Users.

11.4 Data retention period

Personal data is kept only for the time necessary to fulfil the purpose of its collection.

Personal data which is no longer relevant at the time of the closure of an Account by a User is at the very least deleted or anonymized by Hexeko SRL.

The data, when still of interest, may however be archived at the end of the following periods:

• Five (5) years after the last use of the Platform, if the User does not close his Account
• One year after the closure of the Account

Finally, the following categories of personal data are likely to be retained for different periods of time:

• Financial data is kept for the duration required by applicable tax and accounting laws;
• If an Account has been blocked, Hexeko SRL retains the data for a period ranging from two (2) to ten (10) years in order to avoid any circumvention by the User of the rules in force on the Website.

11.5 Rights of the User

Each User is informed of his right to access, modify, rectify or delete data relating to him.

To exercise this right, the User may send his request free of charge to the following address:

• [email protected]
• or by post, Hexeko SRL - Avenue Roger Vandendriessche 18-20, 1150 Bruxelles, indicating your full name, e-mail address and home address and providing proof of identity.

Hexeko SRL undertakes to reply to any request within a maximum period of fifteen (15) days from its receipt, provided that it is sufficiently precise and contains all the necessary elements to respond to the request, otherwise Hexeko SRL shall prompt the User to complete it.

11.6 Use of Cookies

In order to improve the quality of its service and better meet the expectations of its Users, LCL Development may need to collect the User’s personal data, including through the use of cookies (Cookies Management Policy).

The acceptance of these cookies is mandatory for any subscription.

Finally, Hexeko SRL also reserves the right to collect certain information:

• related to your computer (IP, access provider, hardware configuration, software configuration);
• related to the service (log and history of all data exchanges, log and connection history).

Article 12. Sanctions

In the event of a violation of one or several provisions of these General Terms and Conditions or any other document written by Hexeko SRL (GTC, FAQ), the latter reserves the right to terminate or restrict, without any prior notice and at its sole discretion, the use of and access to the Service, to the Account and all other Hexeko SRL Websites.

The sanctions are linked to the severity of the violation. They may consist, in a non-restrictive manner, of the following actions:

• The warning: A warning has no direct consequence on the Account. The User may continue to use the service without change. It is there primarily to warn that there is a risk of greater sanctions if there is continued violation of the Hexeko SRL rules.

• Suspension of 3 (three) days: The three-day suspension is generally used in the case of a first significant infringement of the rules. It is the first applicable level on the scale of Account Suspension.

• Definitive suspension: The Account is permanently closed; the User can no longer access it. This sanction is generally applied in the case of repeat offences or serious or unforgivable violation of Hexeko SRL rules. In a non-exhaustive manner, the account may be suspended for the following reasons: loan or transfer of the account to a third party, non-payment of the service, false information (surname, first name…), non-compliance with the terms of use of the partners' facilities.

Hexeko SRL reserves the right to apply any sanction to an Account, taking into account the seriousness of the violation, without necessarily warning or applying a sanction of lesser duration in advance.

In addition to the sanctions described above, Hexeko SRL may impose appropriate sanctions, including engaging in civil and criminal proceedings against the offender.

Unless otherwise stated in these General Terms and Conditions or exceptional agreement of LCL Development, there shall be no refund if the Account is cancelled before the end of the subscription period.

Article 13. Right of ownership

All the constituent elements of the Website (including domain names, general structure, tree structure of the Website, texts, trademarks, texts, graphics, graphic design, iconography, logos, sounds, photos, animations, databases, as well as the Website as such) are, to the exception of elements coming from our partners, the property of Hexeko SRL or are subject to a legal authorization of use and the User undertakes to respect this property ownership.

The protection of the Website lies, therefore, within national and international laws relating to intellectual property law, including those concerning law of trademarks and copyright. Consequently, any reproduction, representation, redistribution, use, distribution, copy, misrepresentation, transmission, adaptation, decompilation or translation, in whole or in part, on any media, electronic medium or not, present or future, is prohibited without the express prior written consent of Hexeko SRL.

Similarly, no right or license shall be assigned to the User on any of the elements of the Website without the prior written authority of Hexeko SRL or the third party, the rights holder on these elements.

The User is duly informed that the infringement of the rights vested in Hexeko SRL may constitute an act of counterfeiting, a civil fault, an infringement of the copyright and individual rights, incurring civil and criminal liability of any offender. This applies in particular to images or photographs of people or places displayed on the Website, property of Hexeko SRL and/or used by Hexeko SRL with the agreement of the rights holders.

Similarly, the information databases are protected by law, so that any extraction or attempt at quantitatively or qualitatively substantial extraction, whether total or partial, is likely to incur the civil and criminal liability of any offender.

Article 14. Special conditions

Each type of service may be subject to special conditions.

Article 15. Autonomy of contract provisions

In the event of one of the provisions or any clauses of these General Terms and Conditions becoming null and void, unable to produce the outcome in consideration of what has been advertised, inapplicable, unenforceable, non-valid or illegal, the other provisions of these General Terms and Conditions shall not be affected thereby and the parties shall not be relieved of their obligations to execute said contract.

In this event, Hexeko SRL shall substitute as soon as possible a valid and satisfactory provision to Parties instead of and in place of the provision or clause whose validity is affected.

Article 16. Applicable law - Competent court - Mediation

These General Terms and Conditions are governed by Belgian law and the French language.

In the event of dispute or complaint from the User, Hexeko SRL or a third party, relating to the use of the service, the only version of these General Terms and Conditions that shall be binding between the parties is the one available via the www.hexeko.com Website, regardless of the date of the disputed facts.

Any dispute arising from the contractual relationship between LCL Decathlon and the Client is the exclusive responsibility of the Courts and Tribunals of the judicial district of Brussels.