MYTRACE DISCLAIMER AND GENERAL CONDITIONS
This disclaimer is a legal agreement between the user of the MyTrace App and ENERGY NV (hereafter: “Energy NV”, “we”, “us” or “our”) regarding the use of the MyTrace Application (“App”). ENERGY NV provides this MyTrace app and makes no representations or warranties of any kind, expressly or implied, with respect to the availability, accuracy, reliability or content of the App, or any other websites linked to or from this App. In no event will ENERGY NV be liable to the user of the MyTrace app or any third party for any claim arising in connection with use of or reliance on the MyTrace App. Moreover ENERGY NV does not guarantee that this application will be uninterrupted or error free, that defects will be corrected, or that this application or the server that makes these pages available are free of viruses or other harmful components. Applicable law may not allow the exclusion of certain warranties, so that the exclusion above possibly not applies to the user of the MyTrace app. ENERGY NV is neither responsible nor liable for any damages to, or viruses that may infect your cell phone or other property, due to your access to or use of the App.
All information of the users is for Energy NV. However, it may be passed on to the parties that are contractually bound to Energy NV. The law of December 8, 1992 concerning the protection of privacy with respect to data processing provides the access to the data and its improvement.
The content of the App is no medical advice
The content that we offer through the App, including all texts, diagrams, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other substances, whether by us or by other account holders or third parties, is not intended and should not be used instead of (A) the advice of a physician or other medical professionals, (B) a visit, call or consultation with a physician or other health professionals, or (C) information mentioned on a product package or label. Our content does not constitute medical advice. In case of an emergency, call a doctor immediately. The user of this app should never disregard medical advice or delay in seeking medical advice due to any content in this App, and may not use our content for diagnosing or treating a health problem. The transmission and reception of our content, in whole or in part, or communication via the Internet or other means does not correspond to an existing doctor-patient, therapist-patient or other healthcare professional relationship between the user of the App and us. The user of the app must understand that if he/she takes part in a virtual event, training, workout program or any other service of Energy NV, there is always the possibility of personal injury and/or death.
The user is responsible for his own safety, for carrying out preparations, training, etc., and for the choice of a suitable location / environment and high-quality material to participate in a virtual event in a responsible manner, and if necessary should seek to be accompanied by qualified persons. In doing so, the user must observe the existing laws and regulations that apply to the location / environment and material chosen by the user, such as any legal provisions regarding the wearing of headphones or earphones, priority rules, etc.
The user understands and acknowledges that ENERGY NV is not responsible for any health problems that may arise from the use of the App / Website, or from any act or omission on the part of the user of the App as a result of any content that the user has received via the App / Website. The user participates voluntarily and at his own risk in a virtual event, preparation or any other service proposed in the App / Website, and releases ENERGY NV from all liability and claims arising from the use of the App / Website.
The user of the App / Website accepts all risks associated with its use. The user understands that injuries can always occur if the user is not in sufficient physical condition, and also as a result of normal use of the App / Website. The instructions and advice provided in the App and on the Website are by no means intended as a substitute for medical advice or medical guidance.
The exclusion of liability in this disclaimer does not affect the legal liability of Energy NV for its willful act or grave error or that of its employees.
Terms and conditions
Article 1 – Organization
Energy NV (the organizer, with headquarters at Schoeboekstraat 8, 3538 Paal) offers virtual events via the MyTrace Mobile Application (“App”).
This document contains the terms and conditions and the regulations that apply to virtual events, sports challenges and health campaigns. Additional terms and conditions may apply to individual virtual events.
Participation in virtual events implies the unconditional acceptance of these terms and conditions, as well as specific conditions, as well as any possible decision that Energy NV would make.
Article 2 – Participation
Participation in virtual events is open to App users (natural person) and is only possible with a personal MyTrace profile (account). The user freely chooses which virtual event he / she wishes to participate in.
Article 3 – Participation conditions – progress of events
A start and end date is set for each virtual event. A virtual event always runs until the end (23:59 CET) of the last day of the virtual event.
A virtual event proceeds as follows:
• Users activate their participation in a virtual event via a ticket that they obtain when registering for a virtual event of their choice with their personal details (name, city, e-mail address, etc.) or a MyTrace access code.
• Users complete the distance of the virtual event within the time slot of their chosen starting moment (“wave”) and register their activity using the App
• An activity is only valid if the virtual event is fully completed.
• After completing the distance, the user’s tracking data is sent to the App via a data connection (WiFi, 3G,…) and the user is listed in the results (ranking) of the virtual event.
Each user may participate in a virtual event no more than once via their own MyTrace account. Under no circumstances may the user participate under different pseudonyms or on behalf of other participants. Multiple entries, including through the use of different identities or any other means of multiple registration, will result in all registrations being rejected and considered invalid.
For events organized for the public, users grant Energy NV (and its affiliates), a free, worldwide, sub-licensable, transferable license to use ‘user generated content’ (including text, images, videos and other components) for commercial and non -commercial communication purposes for the maximum duration of its legal protection by applicable intellectual property rights, and indemnify Energy NV (and its affiliates) against any third party claims in this respect.
For private events organized exclusively on behalf of companies for their employees and invitees, the use of the ‘user generated content’ (as described above) may be limited to internal communication purposes, in accordance with the arrangements made between Energy NV and the companies.
Article 4 – Rankings and awards
After a virtual event has been successfully completed, the user can receive a virtual award, such as a virtual medal for example. There may also be other prizes to be won for certain virtual events, such as a physical medal, a voucher, etc. These awards are communicated to the user per virtual challenge via the MyTrace channels.
Energy NV can replace the content of awards in whole or in part by an equivalent award, should this award not be available for whatever reason, without any right to compensation or compensation on the part of the user. An award cannot be converted into money (neither partially nor fully). Awards are nominated and non-transferable.
Energy NV cannot be held responsible or liable for any defect in any award or if the award does not meet the expectations created, and cannot be held liable for any damage or loss that would result from participation in a competition in the as part of a virtual event or of the awarding or sending of the award.
Article 5 – Personal data
Users acknowledge that their personal data, as defined in the Law of July the 30th, 2018 and in Regulation (EU) 2016/679 of the European Parliament and of the Council of April the 27th, 2016 on the protection of individuals with regard to the processing of personal data, will be processed in the context of competitions.
Personal data will only be collected for the purpose of the management and smooth running of the competitions and subsequent contact with the winner with a view to awarding the prize, and will not be kept longer than necessary.
In addition, users can opt in to receive e-mails by Energy NV on its activities.
In the case of participants in private events organised exclusively on behalf of companies for their employees and invitees, participant information and results may be limited to internal communication purposes, in accordance with the agreements made between Energy NV and the companies.
Article 6 – Healthy & safe sports
Participating in a virtual event requires the same good health and physical and mental preparation as participating in a real event. The user declares to comply with this condition. Energy NV recommends a preventive sports medical examination at a recognized sports doctor before participation.
Article 7 – General provisions
In order to ensure correct use, Energy NV can take decisions that, arising from circumstances, whether temporary or not, may include the abolition or modification of any (phase of a) virtual event. As a result of their participation in virtual events, users undertake to submit to the current regulations and the decisions of Energy NV.
Energy NV reserves the right to shorten, postpone, change, transfer, extend or cancel virtual events, or any part thereof, for any reason, if special circumstances require this. Energy NV cannot be held liable for this.
Before or during the virtual events, any additions or, in case of force majeure, changes, may be published by Energy NV. They will be considered as annexes to these regulations.
Energy NV is not responsible for any technical problems during the course of a virtual event (e.g. if the App goes offline, in case of problems with GPS reception, in case of problems with internet connection, in case of compatibility problems, etc.), but everything will be put in place to neutralize incidents as quickly as possible. However, Energy NV cannot be held liable for unsuccessful attempts to participate in virtual events or any other disadvantage that would result from technical incidents, either on the part of the user (e.g. his smartphone, connection, etc.) or on the side of Energy NV (e.g. accessibility, infrastructure, software, configuration, etc.)
Printing, spelling, typesetting or other errors as well as technical problems (including e-mail communication) cannot be invoked as grounds for compensation or any obligation whatsoever on the part of Energy NV.
Participation in virtual events is the responsibility of the users. To the extent permitted by applicable law, Energy NV cannot be held liable for any damage or loss resulting from participation in virtual events or from the awarding or sending of any award.
Article 7 – Complaints
Any complaint about a virtual event must be sent in writing, and no later than 7 working days after the end of the competition, to the following e-mail address: firstname.lastname@example.org.
Complaints sent after this deadline will not be taken into consideration.
A reasonable effort will be made to deal with the complaint no later than 2 weeks after its receipt. If this is not possible due to size or complexity, this will be reported to the complainant together with a further schedule.
Article 8 – Applicable law and competent courts
These regulations are governed by Belgian law and will be interpreted or implemented in accordance with Belgian law.
The courts of Hasselt have sole jurisdiction to settle any disputes that may arise from this competition, or from the interpretation or application of these rules.