The “Mets tes baskets” app: general terms of use

Article 1 – Legal basis

The Mets Tes Baskets application is published by ELA International-GEIE whose registered office is located at 90B, route d’Arlon– L-1150 LUXEMBOURG, represented by Mr Guy ALBA in his capacity as President (hereinafter referred to as the “Publishing Company”).

The acceptance of the present General Terms of Use (hereinafter referred to as “GTU”) is the prerequisite to the use of the described Service.

The user acknowledges that by using the application published by the publishing company, he/she agrees to respect the present Terms of Use.

Any registration to the service implies the express, unreserved and full acceptance of the present GTU.

Article 2 – Subject

In particular, the Application allows Internet users who have previously downloaded the Application, free of charge, using their telephone available on:

Android via “Google Play” service, in the form of a mobile application for use on compatible Android-based devices;
iOS via the “App Store” service, in the form of a mobile application for use on compatible iOS devices, including but not limited to an iPhone, iPod Touch or iPad,

The Application allows the user to:

benefit from the proposed service: pedometer, as part of a campaign belonging to the mandates of ELA International;
receive available ELA information and news.

Users can also access information, receive notifications and communicate through the Application by sharing.

Article 3 – Definitions

GTU: refers to the present General Terms and Conditions of Access and Use of the Services offered on the Application. The GTU are permanently accessible online on the Application.

User account: refers to the Account allowing the User to navigate on the Application and to access all the information related to his/her activity.

Login information: refers to the User’s personal identifiers consisting of his/her login identifier (name or pseudonym chosen at the first login attempt) and, possibly, the email address.

Services : refers to the various solutions available on the Application. When browsing the Application, the Internet user can access the following services:

navigate the Application ;
view your personal space and settings;
benefit from notifications;

User: refers to any person aged over 3 years who has registered on the Applicationn.

Organisation: means, depending on the context, a company, a school, an association, ELA International, the ELA association of a country or any other entity authorised by the Publisher.

Challenge: refers to an event with a fixed duration created on the Application. The purpose is to bring together Users, allow them to count their steps and compare their results.

Article 4 – Access to Services

In order to be able to download the Application, the User must ensure that he/she has the hardware and software and an Internet connection compatible with the conditions of provision of the Services.

Hardware and operating system: compatible smartphones with the following minimum versions: iOS 9 and Android 5.0 and a 3G, 4G, 5G or wifi connection.

Article 5 – Users GTU – MTB Application

By downloading the Application, the User acknowledges that he/she is subject to these GTU and undertakes not to:

send or transmit by electronic means any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, immoral, invasive of a person’s privacy and/or infringing on the rights of a third party;
usurp the identity of another User;
the User acknowledges the limits of the Internet network and cannot hold the Publisher responsible for any malfunctioning of the Internet network preventing the smooth running and/or functioning of one or more Services offered on the Application;
use the information from the Application for any purpose other than the one intended;
not commit any act of reverse engineering on the Application.

Article 6 – Registration: creating a User Account

6.1. General

Each User may have only one account on the Application. Each account is personal to the User and may not be transmitted by any means whatsoever to a third party, even free of charge. The creation of a User Account allows its holder to access the following Services:

Navigate the Application;
View your personal space and settings;
Receive notifications related to the project.

The Publisher reserves the right to refuse registration or to close a User’s account.

To access the status of User, the User must fulfil the following conditions:

He/she must be a natural person aged at least 3 years;
He/she must not have any medical contraindications to the use of a telephone and/or an application;
He/she must have legal capacity and therefore be able to validly subscribe to the GTU.

6.2. Simple User Account creation process

After downloading and installing the Application, the User opens the Application. On opening the Application for the first time or when changing the Challenge, the User is asked to enter a code or scan a QR Code to register for a Challenge. Once the code has been entered and validated by the Application, the User is asked to create (on first opening) or possibly modify (change of Challenge) his/her personal identifier. This may be the User’s name or any pseudonym that does not contravene the first point of Article 5 herein. If the personal identifier entered is already being used by another User, the Application will propose an approximate and available one that the User may approve or modify as he/she sees fit.

In doing so, the User certifies on his/her honour that:

he/she has no medical contraindication to the use of a smart phone and a step counting Application;
he/she has read the General Terms of Use of the Application.

6.3. User Account creation process with pledge

In the case of a Challenge with a pledge, after the creation of the personal identifier, the User must provide (among other details) a valid email address to which a message will be sent with a personal code allowing him/her to enter the Challenge.

The User must also accept the present conditions by ticking the corresponding box.

If he/she so wishes, the User may also agree to receive information from ELA International or the ELAs of the different countries on the email address he/she has provided. This information may concern all of ELA’s social purposes (scientific information or events, calls for donations, etc.).

Article 7 – Publisher’s information

The User agrees to receive information according to the chosen mode (notifications, SMS, emails…) from the Publisher in the context of updates of the Application or its contents.

Article 8 – Login information

8.1 Creating an account

When registering (first connection), the User enters his/her name or pseudonym, hereinafter referred to as the Identifier. Thereafter, the User’s Identifier will remain pre-registered at each connection so that the User will not have to enter it again to use the Application..

An Identifier is unique throughout the Application (i.e. it cannot be used simultaneously by another User, even in another past, current or future Challenge) but may be changed by the User to another Identifier as long as it is itself unique.

8.2 Confidentiality of login information

It is the User’s responsibility to ensure the strict confidentiality of his/her login Information. The storage, use and transmission of login information is the sole responsibility of the User.

In particular, the User is warned of the insecurity inherent in the use of the function of automatic memorization of the login data that his/her computer system may allow, and declares that he/she assumes full responsibility for the use and possible consequences of such a function.

Any use of the login data is presumed to have been made or duly authorised by the User.

Consequently, the Publisher shall not be held responsible for the consequences to the User resulting from illicit, fraudulent or abusive use of the login data and access to the site by a third party not expressly authorised by the User.

Consequently, the User remains solely responsible for the impossibility for him/her to access his/her Account if he/she forgets his/her login information (for which recovery procedures exist). Any illicit use of the User’s login data must be reported as soon as possible to the Publisher at the following e-mail address contact@elainternational.eu so that it can put an end to the effects of this fraudulent use, after registration of the User’s opposition.

Article 9 – Personal data

9.1 Purpose and destination of personal data collected on the Application

9.1.1 Personal data provided by the User

The personal data requested from the User is mandatory for the creation of an Account on the Application. The data collected are processed for account management purposes and for the provision of the Services available on the Application.

The User undertakes to provide accurate, complete and truthful data.

The data are communicated to the personnel in charge of processing the data by reason of their functions, to the subcontractors, to the service providers of the Publisher and, possibly, to the partners of the Publisher with the express and prior consent of the Users and the precision of the purpose of such transmission.

The User’s personal data may be used to send newsletters, subject to the User’s prior express consent; the User may at any time request to be unsubscribed from the Services by clicking on the unsubscribe link of the newsletter received.

9.1.2 Collection of data outside of communication by the User

During the use of the Application by the User, the Publisher may also collect other types of personal data (and in particular his/her IP address), if necessary through forms.

9.1.3 Use of personal data

The data collected are intended to be used mainly in the context of the management of the User’s account and the provision of services by the Publisher. They are also intended to allow the transmission of targeted or general information to the User and the improvement of the service.

9.1.4 Disclosure to third parties

The data collected may be transmitted, for the purposes mentioned above, to the Publisher’s establishments, its partners and service providers, to the extent necessary for the performance of the tasks entrusted to them.

9.1.5 Security in processing

The Publisher shall take appropriate physical, technical and organisational measures to ensure the security and confidentiality of personal data, in particular to protect them against loss, accidental destruction, alteration and unauthorised access.

9.1.6 Application of the European regulation on the collection and transfer of personal data

9.1.6.1 Data processing

The Publisher guarantees the compliance of the processing of the collected data with the protection of the User’s privacy and fundamental rights and freedoms in accordance with Regulation No. 2016/679 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 (General Data Protection Regulation, GDPR).

9.1.6.2 Data transfer

Due to the international dimension of the provision of the services by the Publisher, in particular through the intervention of subcontractors and third party companies, the collection and processing of the data referred to above may involve their transfer to countries outside the European Economic Area, whose legislation on the protection of personal data differs from that of the European Union. Throughout the provision of the services, the Publisher may entrust certain services ensuring operational functions to service providers chosen for their expertise and reliability located outside the European Union for the performance of targeted and limited IT services (tests, developments, IT maintenance). For the most part, these operations do not require the transfer of personal data. However, the complexity of certain operations may require access to certain personal data. In this case, rigorous and appropriate physical, organisational, procedural, technical and personnel measures ensure the security and confidentiality of personal data. In particular, a precise and demanding contractual framework determines the conditions of intervention and security of service providers. In particular, it complies with the European Commission’s decision of 5 February 2010 (2010/87/EU) on standard contractual clauses for the transfer of personal data to processors established in third countries and complies with the GDPR.

9.1.6.3 Data storage

The data are kept only for a reasonable period of time, strictly necessary to achieve the purposes of the processing for which they were collected or subsequently authorised by the User. Beyond this period, it will be kept anonymously for statistical purposes only and will not be processed in any way.

9.2 Rights of the User

The User has a right of access, rectification, opposition and deletion of personal information concerning them.

Any request to exercise the right of access, rectification and deletion, where applicable, may be made by sending a request, together with a copy of an identity document, to ELA International GEIE – 25 A Boulevard Royal – 2449 LUXEMBOURG or by e-mail to contact@elainternational.eu.

The organisation will respond to the request within a maximum of two (2) months from the date of receipt, provided that the request is sufficiently precise and includes all the elements necessary to respond, failing which the service will invite the User to complete it.

Article 10 – Liability of the Publisher

10.1. Availability of the Application

The User has the right to access and use the Application by virtue of the contract between the Publisher and the Organisation managing the Challenge.

This use is therefore conditional upon the execution and duration of the said contract. The services may be interrupted or suspended, temporarily or permanently, for any reason whatsoever arising from the non-performance by the Organisation of its obligations towards the Publisher.

The Publisher endeavours to ensure the availability of the Application 24 hours a day, 7 days a week.

However, it may happen that the access to the Application is interrupted for maintenance operations, hardware or software upgrades, emergency repairs, or as a result of circumstances beyond the Publisher’s control (such as for example, failure of telecommunications links and equipment).

The Publisher undertakes to take all reasonable measures to limit such disruptions, to the extent that they are attributable to it. The User acknowledges and accepts that the Publisher assumes no responsibility for any unavailability, suspension or interruption of the Application or the Services.

The User is personally responsible for setting up the computer and telecommunications means allowing access to the Application and for the knowledge necessary to use the Internet and access the Application. The Internet user and/or the User shall bear the connection and equipment costs associated with accessing the Internet and using the Application.

The Internet user and/or the User uses the Application at his/her own risk.

10.2. Limitations of the Application

The Publisher makes every effort to provide a quality Application to the Users. However, despite all its efforts and taking into account the number of brands and models of smartphones and versions of operating systems on both iOS and Android, the Publisher cannot guarantee the perfect accuracy of the step count in the Application.

The User has the possibility to synchronise the Application with Apple Health on iOS or Google Fit on Android in order to recover the number of steps counted by these applications.
The user gives ELA permission to collect and store the number of steps taken and counted through the Google Fit and Apple Health applications. ELA undertakes to use this information only for the duration of the challenge. This data will only be processed by ELA and will not be transmitted or shared to any third party.

This does not exempt the User from respecting the instructions for use of the Application and in particular from opening the Application regularly (and at least 15 minutes before the end of a Challenge) so that it synchronises with the servers managing the rankings.

The Publisher shall not be held responsible for an incorrect number of steps (more or less) for any reason whatsoever (technical problem linked to the User’s equipment, misuse or fraudulent use by the User). The Publisher reminds that the Application is primarily intended for fun and solidarity and not for scientific purposes.

10.3 Liability of the Publisher

The Publisher undertakes to provide the Services as a diligent professional, within the framework of an obligation of means.

The Publisher shall in no event and under no circumstances be liable for any indirect or consequential damages, including but not limited to any lost profits, loss of opportunity, cost of obtaining substitute services or technology.

The Publisher shall in no event and under no circumstances be liable for, but this list is not limited to:

the transmission and/or reception of any data and/or information on the Internet;
any malfunction of the Internet network preventing the proper functioning and/or operation of one or more Services offered on the Application;
the failure of any reception equipment or communication lines;
routing problems;
the consequences of any computer virus or bug, anomaly, technical failure;
any damage caused to a User’s computer or smartphone;
dany technical, hardware or software failure of any kind whatsoever that prevents or limits participation in any of the Services offered on the Application or that damages a User’s computer system.

10.4 Force majeure

The responsibility of the Publisher cannot be sought in the event of force majeure or any other event beyond its control preventing the provision of the Services in accordance with the provisions of the GTU.

10.5 Connection

Users are entirely responsible for their connection to the Application and their participation in the Services offered on the Application. It is the responsibility of each User to take all appropriate measures in order to protect his/her own data and/or software stored on his/her computer equipment against any attack (virus, spam, Trojan horse, bugs, etc.). Under no circumstances may the Publisher be held responsible for any difficulties or impossibility for Internet users to connect to the Internet.

10.6 Cancellation – change – suspension

The Publisher shall not be held responsible if, for any reason beyond its control, one or more of the Services should be modified, postponed or cancelled.

Any evolution or change of the content of the Application may lead to an update and/or a temporary unavailability of the Application, which shall not in any way engage the liability of the Publisher.

Likewise, the Publisher reserves the right to interrupt or suspend one or more of the Services offered on the Application, at any time and without notice, without having to justify it, in particular under the conditions of Article 10.1. In this case, the liability of the Publisher shall not be engaged in any way and the Users shall not be entitled to any compensation of any kind whatsoever.

Article 11 – Guarantees

In the event that the liability of the Publisher is judicially sought by reason of a breach by a User of the obligations incumbent upon him/her in application of the present terms and conditions and of the legislative and regulatory provisions in force, the Publisher may call upon the User to guarantee.

Article 12 – Intellectual property rights

The Publisher is the owner of the intellectual property rights on all the elements composing the Application (including its editorial, its sound contents, its graphic charter, its arborescence, its navigation interfaces, its databases etc.).

In this respect, without the prior written authorisation of the Publisher, the User may not reproduce, represent, adapt, translate and/or transform, in whole or in part, and/or transfer to another Application and/or another website, any element or data comprising the Application.

Any reproduction of the trademarks and/or logos appearing on the Application, by any means whatsoever, without prior written authorisation from the Publisher, is strictly prohibited.

Any violation of the foregoing provisions constitutes an act of infringement liable to engage the civil and/or criminal liability of its author.

Article 13 – Changes to the Service or the GTU

The Publisher undertakes to inform the User of the evolution of the GTU by any means at its convenience. Any connection to the Application after the User has been informed of the evolution of the functionalities of the Application or of the GTUs shall be deemed to be acceptance of the modifications made.

In order to adapt to the evolutions of the Application and/or its operation, the Publisher reserves the right to modify, unilaterally and without prior notice, the present GTU as well as the Services offered on the Application.

The Publisher undertakes to inform the User in advance of this change by any means at its convenience.

Any connection to the Application by the User after he/she has been informed of the evolution of the functionalities of the Application or of the GTU shall be considered as acceptance of the modifications made.

The version of the GTU accepted by the User expresses the entirety of the obligations between the Publisher and the User, relating to the Services proposed by the Company and cancels and replaces any declaration, commitment, oral or written communication, acceptance, contract and prior agreement, relating to the provision of the Services by the Company.

The User may at any time access the current GTU directly within the application (Settings / Terms of Service) or directly from the following hypertext link: https://app.elainternational.eu/cgu/.

Article 14 – Complaints

The User may send a complaint by e-mail to the following address: contact@elainternational.eu.

Article 15 – Proof

By express agreement between the User and the Publisher, only the latter’s computer systems and files shall be deemed authentic.

The computerised registers, which are kept in the Publisher’s computer systems in reasonable conditions of security and reliability, are considered as proof of the relations and communications between the Publisher and the Internet user and/or User.

It is therefore agreed that, except in the case of obvious error, the Publisher may rely on, and be declared admissible in the event of legal proceedings, the production, in particular for the purposes of proof, of any act, fact or omission, of the programmes, data, files, recordings and other elements (such as monitoring reports or other statements) in computer or electronic format or medium established, received or stored directly or indirectly by the Publisher and in particular in its computer systems.

Article 16 – Period

These General Terms of Use (GTU) are applicable from 15/04/2020 for an indefinite period.

Article 17 – Invalidity

If one or more provisions of these GTU are held to be invalid or unenforceable for any reason, such provision shall be corrected only to the extent necessary to make it enforceable. It is specified that if one or more provisions of these GTU are declared invalid or inapplicable, the other clauses will retain all their force and scope.

Article 18 – Applicable law and jurisdiction

Any dispute arising from the interpretation, execution or non-execution of these terms and conditions or from participation in the activities shall be submitted to the competent courts of Luxembourg.

Version applicable on 2022/10/27.