The Internet website www.physical-concept.com belongs to the NPO Elite Golf Institute, a nonprofit making organization whose head office is set at Allée des Pins Sylvestres, 23, 1390, GrezDoiceau, registered at the register of (legal entity/ Corporation) Carrefour’s companies bank with the reference number 0822214758 (below surnamed “the author”)
Physical concept is an Internet website placing a physical preparation and training planning at their subscribers’ disposal for the golfing (as well as other sports) through videos, written files, or any multimedia format only available on the Internet website www.physical-concept.com .
The author places at the subscribers’ disposal the Internet website’s all multimedia content relative to the golfing as well as the physical preparation recommended in the aim of the practice of this sport.
The content of the website includes:
The warm-up, stretching and flexibility protocols
The trainings’ recommendations
The trainings’ planning
The content is only available for the Internet website’s subscribers. The content is only placed at the subscriber’s disposal online through the website avoiding any other kind of material support or communications media.
2. Registration and payment
The registration giving you a full access to the website’s content can only be made by persons legally capable of subscribing binding contracts. Minors cannot register nor use the content unless they are under the surveillance of their parents or a legal guardian.
So that your registration is effective, you need to choose an username and a password and then proceed to the payment the way it is explained in the registration process.
You will be responsible for the using of your username and password and you will only be able to enjoy the website with your own login. You will also be responsible for the loss or the forgetting of your password and username.
The subscription price is in Euros, payable in this same currency. The payment of the subscription can either be made by visa, American Express, Eurocard, Mastercard or paypal.
The price of the subscription can only be paid in once.
Only the user is responsible for the payment and the author declines the responsibility in case of payment problems related to the operation of the electronic commerce’s service.
The data registered by the payment system constitutes the evidence of a financial transaction.
2.1 Termination of the contract
The concluded subscription gives you a full access to the internet website’s content for a year. At the term of this year, the customer is entitled not to renew his subscription additional year.
To do so:
-The customer has to cancel his renewal for an advance notice at least a whole month before the end of his subscription.
-This termination will be notified by e-mail by using the contact’s form given on the internet website www.physical-concept.com
-Without doing so, the customer will get his subscription renewed for an additional year and will be debited from the annual amount (99€).
3. Protection of copyright:
The whole content, which includes the videos, the texts, the images, the graphics or any multimedia files as well as the design found on the website constitutes an intellectual creation belonging to the author, a result from his work and protected by the legislation on copyrights.
The access given to the subscribers to the content of the internet website is limited to a personal and private using. On that score and according to the measures of the Belgian law of June 30th, 1994, relative to copyright and to similar rights, modified by the laws of April 3rd, 1995, August 31st, 1998, May 22nd, 2005, December 4th, 2006 and may 9th, 2007, the author declares to save himself all the patrimonial privileges bound to copyrights concerning the Internet website as well as its content.
So the subscribers cannot reproduce or copy in any way (in a permanent or temporary way, electronically or on a material support), to adapt, to communicate or to reveal to the public (by any media) the content of the Internet website, in all or in part, in any way, whatever can be the use or the exploitation, for commercial purposes or not.
Only a private using is permitted (familiarization/ reviewing or for a personal use).
As a result of what precedes any other use than a personal and private use of the content constitutes a forgery and is sanctioned under the intellectual property.
In this respect, the author saves himself all the rights as far as damage he could undergo in case of misunderstanding of the present article by the subscriber and in particular, the right to claim damages.
4. Functioning of the website- Hosting
The Internet website is hosted by the NPO Elite Golf Institute Company.
The author cannot be held for responsible of a dysfunction or a technical problem concerning the access to the internet website which would be attributable to the host. The obligation of supply of the internet website limits itself to a best effort undertaking.
Besides that, the author does not guarantee a continuous access to the present content on the internet website. As far as the smooth running of this one is affected by a factor which the author does not control.
In any case, the author declines any responsibility in case of disturbance or of a dysfunction which would be owed to the force majeure.
The author saves himself the right to modify, to replace, to adapt, in all or in part, the content of the internet website as well as to modify the interface of use. The author can also modify the domain name of the internet website provided that the new domain is beforehand informed to the subscribers.
5.1 Warning- precautions:
Before putting into practice the advice and the exercises of preparation presented on the internet website, the subscriber will have to take a preliminary examination with his doctor or with a healthcare professional to make sure that his physical condition allows him to practice the physical exercises presented on the website.
The subscriber recognizes and admits that on no account the information and the advice given onto the website cannot substitute themselves with an appointment with a doctor, physiotherapist or any other healthcare professional.
In any case, the subscriber will have to make sure that his physical condition and his health allow him to practice the exercises presented on the internet website and will have to take all the useful or necessary precautions during the application of these exercises.
The subscriber recognizes that the application of these exercises and advice will be exclusively made at his own risks.
The author (or his social representatives’ employee) exclude any guarantee and cannot be held responsible for a physical injury, a wound or quite other physical or material, permanent or temporary, direct or indirect, resulting or connected to the use of the internet website.
The content which is put at the subscribers’ disposal establish a general introduction of order in the golfing and is not a program of exhaustive training intended for a sports professional’s practice.
The subscriber recognizes and accepts, besides, that all the advice or practical examples broadcasted on the internet website only establish general indications as for the preparation and the golfing and in no way, a personalized service taking into account the capacities, the physical condition or quite other characteristic of the subscriber.
The author does not guarantee in any way any results as for the sports practice of the subscriber whether it is in terms of sports performances or approval.
Consequently the author excludes any guarantee and cannot be held for responsible of a loss of income a loss either of money or of reputation, nor special, direct or indirect damages resulting or connected to the use of the content of the internet website.
If need be, the author excludes any guarantee and responsibility as far as it is allowed by the applicable right.
6. Respect for private life
The personal information of the subscribers which are possibly taken in by the administrators of the internet website will be stored in a database and the treatment of these particulars will be subjected to the law of December 8th, 1992 relative to the protection of the private life such as modified by the law of December 11th, 1998.
The author commits himself not to ever put up the particulars of the subscribers on the site as well as to never reveal them to a third party without the agreement of these.
The author saves himself the right, however, it doesn’t mean that it represents an obligation, to inform by e-mail the subscribers of the evolution of the Internet website’s content or quite other new available service.
During his registration or later, the subscriber has free access to his data and can ask, if necessary, for a rectification or a modification of it.
The subscriber has the possibility of deleting his registration. No personal information will then be preserved by the author. However, in this hypothesis, the subscriber will lose his access to the internet website without any refund of the price of the subscription being possibly demanded to the author.
8. Transfer of the contact:
The subscribers recognize and admit that the author is free to give up or to pass on, in return for remuneration or for free, the rights and duties of the agreement concluded with the subscribers in a third party as well as the website and its content, as long as it is announced by e-mail to the subscribers.
9. Applicable right- Jurisdiction- Autonomy of the clauses of the contract:
9.1 Applicable right:
The present convention is governed by the Belgian and the parties join the jurisdiction of Belgium. Are in particular applicable to this convention the laws of June 30th, 1994 relative to copyright and to similar rights as well as the law of June 30th, 1994, transposing into the Belgian law, the European directive of May 14th, 1991, concerning the legal protection of the computer programs.
Any contesting relative to the validity, the interpretation or the application of the present convention will be the exclusive competence of the courts of the judicial district of Nivelles (Belgium). The language used in the procedure will be the French language.