Terms of Use
Valid from 21 December 2020
BETTEROUT is a website owned by SPACELAB MARKETING LLC, a limited liability company with registered headquarters at 5830 East 2nd Street, Ste. 8
Casper, WY 82609 '+447537129252(hereinafter referred to as " BETTEROUT "), which is the publisher of the website at the address https: //betterout.co.uk
The website host is Shopify, whose headquarters are located at 150 Elgin Street, 8th Floor, Ottawa, Ontario, K2P 1L4, CANADA.
ARTICLE 1 : Definitions
To facilitate the readability of these Terms of Use, the following terms will always have the meaning and scope given to them in this article.
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Refers to these terms and conditions of use of our website |
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Refers to the personal account of the user whose registration is necessary for the use of the service and which he can connect on the website using his credentials to consult and manage a set of information about him on the website, in particular their personal data, the history of their purchases made on the website, their delivery address, etc.
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Refers to the username and password chosen by the user and allows him to connect to his user account to access all or part of the service |
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Refers to any adult or legal entity registered on the Website and subscribing to the Service, if applicable. |
Visitor |
Refers to any natural or legal person who accesses the website for consultation purposes and does not have a user account. |
ARTICLE 2: Acceptance of terms and conditions of use
These T & Cs govern the use of the website and users' access to the service offered on the website. Acceptance of these terms and conditions of use is the prerequisite for using the service described here.
Any registration and / or subscription to free or paid services, as the case may be, implies the unreserved acceptance by the user of the provisions of the terms and conditions which he expressly acknowledges having read, understood and accepted in advance.
Acceptance of terms and conditions is done through a checkbox when registering the user ("I accept the terms of use") and a hypertext link allowing them to be displayed is inserted in a legible way in the email for activation of the account.
The current version of the Terms and Conditions is available at any time and freely available on the Website. BETTEROUT may modify the terms and conditions at any time depending on certain technical, economic, legal or commercial constraints, for example the launch of new services.
Users are informed of changes in terms and conditions within a reasonable time. Where applicable, they will be informed when they log in of the new terms and conditions in force and must accept them to continue to benefit from the Services.
If this is unsuccessful, the user may terminate the subscription, this termination taking effect upon receipt of the user's last order for any order made prior to the change in terms and conditions.
Any deviation from terms and conditions, to be valid and binding on BETTEROUT, must be the subject of a written document signed by BETTEROUT and the user and expressly refer to terms and conditions.
BETTEROUT reserves the right to suspend any transaction or immediately terminate its services in favor of a user, especially if he violates any provision of the terms and conditions.
A printed version of the terms and conditions as well as any information sent electronically will be included in any legal proceeding regarding the application of these terms and conditions, in the same manner and under the same conditions as any other document written and kept in paper format.
The fact that BETTEROUT does not exercise, at any time, a privilege recognized by these terms and conditions, or not to require the performance of any provision of the agreement as a result of said terms and conditions, can under no circumstances be interpreted, nor as a modification of the contract, nor as an express or implied waiver of the right to exercise said privilege in the future, or of the right to demand diligent performance of the obligations entered into herein.
In the event of non-acceptance of the terms and conditions set forth in this contract, the user must renounce access to the services offered by the website.
ARTICLE 3 : Access to the Website
The website is available free of charge anywhere to any user with access to the Internet. All costs incurred by the user to access the service (computer hardware, software, Internet connection, etc.) are at his expense.
Users who are not members do not have access to the reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the user member undertakes to provide truthful and accurate information about his marital status and contact information, in particular his email address.
ARTICLE 4: Website registration
It is free to consult the website and acquire user status.
The opening of a user account is carried out, if necessary, in accordance with the instructions on the BETTEROUT website and in particular by filling in the electronic form. Only adults over the age of 18 and not subject to a guardianship or curatorship regime can register on the website.
The credentials chosen by the user must not violate the rights of third parties - especially the rights related to surnames or brands, nor violate good morals.
Certain data must be entered and provided for the creation of the user account, as well as for the operation of the service.
The truth and accuracy of the information provided by the user for opening a user account is assumed and engages his responsibility, especially with regard to his identity.
The credentials are strictly personal to the user, who must keep them secret and not transfer them to a third party or to any other user.
BETTEROUT reserves in all cases the option to activate or not activate a user account after registration.
In the event that BETTEROUT finds that the user has provided false information or has not provided further explanations that it may request from him, the user's user account may be suspended or deleted permanently.
More generally, BETTEROUT reserves the right to refuse any registration from an Internet user with whom it has had a previous dispute, or who does not comply with these terms and conditions.
On the other hand, it is understood that upon registration the user authorizes BETTEROUT to send him e-mail related to reservation requests, as well as e-mail with information related to changes in the service and / or to the sector's activity.
ARTICLE 5: Suspension or deletion of the user account
The user can at any time and without reason request the deactivation of his user account by e-mail to the contact address provided on the website or carry out this process directly online.
BETTEROUT undertakes to deactivate the user's user account within a maximum period of seven (7) days from receipt of the request and provided that no further orders are pending and that the user is updated on overdue sums.
BETTEROUT will delete the user's personal data in accordance with the guidelines for processing personal data.
In case of non-compliance with these terms by the user or in case of fraudulent actions by the user, BETTEROUT may notify the said violation by e-mail to the user and at his convenience, temporarily suspend the user account for a period of his choice, see the following violations;
- The user violates a provision in the terms and conditions or commits criminal acts;
- BETTEROUT notes the lack of connection to its user account by a user for a period of one (1) year and after sending a reminder email that has no effect for four (4) weeks;
- The user has written on one or more websites dedicated to consumer opinions / comments that are untrue, defamatory or harmful to BETTEROUT's reputation;
ARTICLE 6: User obligations
By using the BETTEROUT website, the user expressly agrees NOT to:
- Send or transmit electronically means illegal, harmful, threatening, abusive, harassing, wrongful, defamatory, vulgar, obscene, contrary to morality, violation of the privacy of a person, and / or violate the rights of a third party;
- Impersonate another user. The Internet user recognizes the limits of the Internet network and cannot hold the publisher responsible for any errors in the Internet network that prevent the smooth running and / or functioning of one or more services offered;
- Undertake to perform, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode nor apply reverse engineering (or "Reverse Development") of all or part of the Website, or the Services and/or the Content ;
- Permanently or temporarily reproduce the website, in whole or in part, in any way and in any form;
- Use software or processes intended to copy the content without prior written permission from BETTEROUT.
- Export the website, merge all or part of the website with other computer programs without the prior written approval of BETTEROUT;
- Create short quotations, analyzes and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions established by the latter and especially subject to citing the name of the authors and the editorial source;
- Use software or devices that are likely to interfere with the proper functioning of the website, nor to take any action that is likely to impose a disproportionate load on BETTEROUT's infrastructures;
- Extract or reuse, including for private purposes, without the prior written approval of BETTEROUT, a significant part or not of the content of the databases and archives that make up the website;
ARTICLE 7 : intellectual property
The entire website is protected by UK and international laws relating to intellectual property rights. All reproduction and representation rights are reserved, including downloadable documents. All texts, graphics, icons, photographs, maps, logos, videos, sounds, brands and more generally all the elements that make up the website cannot, in accordance with the Intellectual Property Act 2014, be the subject of any representation, reproduction, exploitation or extraction, entirely or in part, on any medium whatsoever, without the express prior authorization of BETTEROUT. Failure to comply with this prohibition will constitute an act of forgery which may result in civil and/or criminal liability for the author. BETTEROUT reserves the right to initiate legal proceedings against any person who does not comply with this prohibition. None of the provisions of these terms and conditions can be interpreted as an assignment, transfer, sale, concession, license, loan, rental or operating authorization granted directly or indirectly by BETTEROUT for the benefit of the user, on the website, its content and / or the services.
ARTICLE 8 : Warranty limits
The Website is provided "as is" and "as available" without warranty of any kind. The user declares to know and accept the characteristics and limits of the Internet network and in particular the functional characteristics and technical performances of the Internet network; problems related to connection and / or access to the Internet and / or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to view, consult, query or otherwise transfer data; the risk of disruption; the lack of protection of certain data against possible misuse or piracy; the risk of contamination by viruses circulating on said network, etc. for which BETTEROUT responsibility cannot be engaged. Under these conditions, BETTEROUT cannot be held responsible:
in the event of a data transmission error, loss, delay or error beyond its control;
send messages and / or data and to a false, incorrect or incomplete address;
if data does not reach them, for any reason, or if the data they receive is unreadable or impossible to process;
in the event that the User is unable to access or use the Website, and/or the Services for any reason whatsoever;
if the connection is to be interrupted for any reason.
It is the user's responsibility, as any Internet user or owner of a mobile phone, to protect their technical equipment, especially against any kind of contamination by viruses and / or attempts at intrusion, BETTEROUT cannot under any circumstances be held responsible for this. As such, it is up to the user to take all appropriate measures to protect his own data and / or software stored on his and / or his equipment (phone, computer) against any attack (malfunction, virus, hacking. The list is not limited).
The user is solely responsible for the installation, operation and maintenance of his technical equipment which is necessary to use the website. BETTEROUT cannot under any circumstances be held responsible if the website proves to be incompatible or has malfunctions with certain equipment from the user.
The user is solely responsible for the use he makes of the website and cannot hold BETTEROUT responsible for any complaints and / or proceedings brought against him. He undertakes to take his personal responsibility for any complaint and / or procedure brought against BETTEROUT and which concerns his personal use.
Hyperlinks may be directed to other websites or other social networks. BETTEROUT cannot be held responsible in the event that the content of said other websites or social networks contravenes the rights of third parties and more generally of the applicable legal or regulatory provisions.
The information communicated on the website is provided for information only, it is not contractual and does not engage BETTEROUT liability. They may be changed or updated without notice.
BETTEROUT also reserves the right, at any time and without notice, to make improvements and/or modifications to the website. BETTEROUT cannot be held responsible for any omissions and/or errors that the website may contain.
The version of the website can be updated from time to time to add new content and / or new services without any prior information to the user.
BETTEROUT cannot be held responsible for damages of any kind, direct or indirect, as a result of the use or inability to use the website.
ARTICLE 9 : Great strength
BETTEROUT cannot be held responsible in the event of an event of force majeure which is considered as such by law and legal practice.
Considered as force majeure in light of BETTEROUT's obligations, events beyond its control and which could not reasonably be expected to foresee, to the extent that their occurrence makes the performance of its obligations more difficult or more expensive.
This will be the case in particular, without this list being exhaustive, in the event of disruption of means of transport or communication channels, government actions, changes in the regulations applicable to these terms, events that are likely to prevent the proper operation of BETTEROUT, the website or service, its suppliers or its subcontractors (for example, strikes, lockouts, total or partial unemployment, accident, fire, flood, interruption of online communication services, etc.).
ARTICLE 10: Cookies
The user is informed that a cookie can be automatically installed on the browser software during his visit to the website.
Cookies are small files that are temporarily stored on the hard drive of the user's computer by your browser and are necessary for the use of the BETTEROUT website. Cookies do not contain personal data and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the user's visit, others remain.
The information that the cookies contain is used to improve the BETTEROUT website.
By browsing the website, the user accepts them.
The user can disable these cookies through the settings displayed in the browser software.
ARTICLE 11 : The Convention of Evidence
The actions carried out by users on the website in which they acknowledge the acceptance of documents and other elements applicable within the scope of the service, in particular these conditions, in particular by checking the corresponding boxes on the website, show their consent to the relevant elements and are assimilated to the handwritten signature and to the conclusion of a contract in electronic form in accordance with United Kingdom's regulation on procurement rules in the supply sectors 2016.
In accordance with the United Kingdom utility program contract regulation 2016, the user accepts that the time-stamping elements implemented, the website's procedures where he expresses his consent (e.g. by checking the corresponding boxes), the information and the elements exchanged with BETTEROUT within the scope of the service, possibly on a durable medium, in particular the elements related to the orders entered into on the website (e.g. e-mails, confirmations of receipt exchanged), and in general all the elements created and / or exchanged as part of the service on the website (e.g. .eg evidence of connections, data records and other identification elements), admissible to the courts and provides evidence of the data, elements and signatures, either materialize, contain and / or express.
ARTICLE 12 : Nullity
If one or more provisions of these terms and conditions are deemed to be invalid or declared as such by the application of a law, a regulation or by a decision that is final before a competent court, the other provisions will retain their full validity. strength and scope. Where applicable, BETTEROUT undertakes to immediately remove and replace the said clause with a similar and legally valid clause.
ARTICLE 13 : Applicable right
These terms and conditions are subject to Norwegian law.
Any complaint must be sent within a maximum of fourteen (14) days after execution or the scheduled date of execution of the service which the user must send to the following address:
support@betterout.co.uk
In the absence of a resolution of a dispute between the parties, the courts of United Kingdom has jurisdiction to hear it.
Contact Us :
From 9:00 to 18:00. Monday to Friday.
Phone: +447537129252 E-mail: support@betterout.co.uk