Terms and Conditions - Privacy Policy and Use of Cookies

TERMS AND CONDITIONS

Article 1: Information about the parties and definitions

In these general terms and conditions, the definitions are as follows:

General Conditions: the present general conditions applicable to Visitors;
Visitor: any natural person who accesses the buildings and the trampoline area, and in the case of a minor, his/her parent or legal representative and/or any natural or legal person who, in any way whatsoever, directly or indirectly, enters into a contract with KOJUMP;
Group: two or more visitors who visit KOJUMP in an organized group;
Trade name of the KOJUMP provider: KO GROUP SRL
Registered office: Drève Richelle, 4 a, B-1410 Waterloo
Company number: BE 0433 046 305
Email address: [email protected]
Website : www.kojump.be
Contract: any contract concluded with KOJUMP under which KOJUMP provides services or products to the visitor
Admission Ticket: A ticket giving the Visitor access to one of KOJUMP's trampoline parks during business hours
Opening hours: The park is open 7 days a week, including holidays.

Article 2 : Field of application

These general terms and conditions of use of the website (GTC) and the privacy policy (PPP) constitute, unless otherwise expressly agreed, the law between the parties in the context of the commercial relationship, to the exclusion of any other previous agreement;

These TOU define the respective obligations of the parties for the provision of the service offered by KOJUMP and the use of the website;

KOJUMP is free to make changes or additions to the TOU and the PTP at any time, and agrees to abide by them in their entirety. All members must abide by the TOS;

Every user of the website acknowledges and agrees to be bound by the rules of this TOU as soon as he/she browses the website;

The TOU apply to every visit to a KOJUMP establishment and/or to all legal relations between KOJUMP and the visitor, including in any case the contract and all offers and proposals of KOJUMP;

In the event of any contradiction between the provisions of these General Terms and Conditions and the information material available to the visitor on the KOJUMP website and in the KOJUMP locations, the provisions of these General Terms and Conditions shall prevail;

These general terms and conditions are handed out when booking an admission ticket via the KOJUMP website and are also available at the cash desk of each establishment. The explicit or tacit acceptance of these general terms and conditions handed over when concluding the contract or making a reservation implies acceptance of the application of the general terms and conditions and a declaration of agreement with their content.

Article 3 : Proposed services, offers and contracts

The main services offered by KOJUMP are: jumping sessions in the trampoline area;

All communications sent by KOJUMP or information provided otherwise, such as opening hours and prices, are without obligation and subject to change;

KOJUMP accepts no liability for any errors in advertisements, offers, communications or information otherwise provided by KOJUMP to visitors, nor for errors made by third parties in the sale of admission tickets;

A Contract is established by the mere fact of the acceptance of an offer by KOJUMP by the visitor, unless it is a question of a contract that is concluded through the website, in which case the contract is established at the time KOJUMP has sent an e-mail confirmation to the visitor;

An admission ticket can be purchased at the cash desk of the respective Trampoline Park or can be reserved in advance via the website. An entrance ticket loses its validity when the date and time indicated on it expires, depending on its color;

An admission ticket is person-related and is only valid for the KOJUMP facility for which it was issued. Proposals, offers and contracts of KOJUMP may not be handed over to third parties for inspection without KOJUMP's permission. Third parties may not derive any rights from proposals, offers and contracts sent by KOJUMP;

The equipment and facilities are reserved for visitors;

The description of the services may change at any time without prior notice at the sole discretion of KOJUMP.

KOJUMP also reserves the right to discontinue or modify the services offered at any time.

Article 4: Access to the KOJUMP Trampoline Parks

The visitor is only allowed to enter the KOJUMP Trampoline area on presentation of a valid admission ticket, which has been reserved in advance via our online reservation site. Upon booking, the visitor will receive a confirmation e-mail with the data entered in accordance with article 13 (Privacy policy);

The visitor can receive newsletters and promotional offers from KOJUMP by ticking the corresponding box, in accordance with article 13 (Privacy policy).

The visitor also has the option of purchasing an admission ticket at the park reception.

Children of 4 and 5 years of age may come to KOJUMP to play, provided they are accompanied by an adult. Children 6 years and older can access the trampoline area alone;

The capacity of our spaces varies from 700 to 2000 square meters. The maximum number of visitors per hour in the park varies from 65 to 95 people.

Parents/legal guardians/caregivers and other accompanying persons are at all times responsible for the behavior of the individuals or groups of minors they accompany and may be reprimanded;

KOJUMP reserves the right to refuse visitors without having to state the reason and declines all responsibility for any damage resulting directly or indirectly from such refusal.

Article 5 : Obligations of the visitor

The visitor is at all times obliged to comply with these general terms and conditions, the internal regulations, the safety instructions, the infrastructure, the material made available and the buildings of KOJUMP, as well as with the indications and instructions given by the employees of the company and/or other third parties engaged by it;

The visitor must be present at the relevant KOJUMP facility fifteen (15) to twenty (20) minutes before the start of the agreed activity. Absence or late arrival of the visitor or a group entitles KOJUMP to consider the contract canceled in accordance with these terms and conditions. In such a case, the visitor or group is not entitled to an extension of the activity or to pick it up at another time;

Before starting the activities in the Trampoline Park, the visitor is obliged to familiarize himself/herself with the safety instructions, the infrastructure, the equipment provided and the buildings of KOJUMP. The visitor is familiarized with the safety instructions before the start of the activities in the Trampoline Park;

If, in the opinion of KOJUMP (or one of its employees), the visitor violates these general terms and conditions, the house rules, the safety regulations and/or the (usual) instructions of the Trampoline Park and/or of third parties engaged by KOJUMP, the visitor may be denied access (further access) to the facility. In this case, KOJUMP will not be liable to pay any compensation for any damage whatsoever and/or will not be obliged to refund the amount paid by the visitor for his or her admission ticket, whether or not through a third party.

In the event that the visitor repeatedly fails to comply with, or does not fully comply with, certain provisions of the general terms and conditions, the house rules, the safety regulations and/or the instructions given by the employees and/or other third parties engaged by KOJUMP, the company may deny the visitor access to the KOJUMP facility(ies) for a specified period of time.

Participation in activities on the trampoline is only permitted for visitors who are in good health. The visitor declares that, to the best of his or her knowledge, he or she is in good health and physical condition and that there are no other impediments to safe participation in trampoline activities (in this regard, it is important to bear in mind a mental or psychological condition or, for example, a pregnancy, which could prevent safe participation in trampoline activities). If there is any doubt about participating in the activities, it is the responsibility of the visitor to renounce it personally;

Visitors are prohibited from participating in park activities while under the influence of alcohol, drugs or medication;

Visitors are not allowed to bring their own food or beverages and consume them in the KOJUMP buildings;

Animals are not allowed in the trampoline area of the KOJUMP park;

In the event of destruction, damage, removal, misappropriation or theft of items by the visitor, KOJUMP has the right to deny the visitor access to the park, to impose a time-limited ban on the visitor for one or more lots, to report the matter to the police, and to hold the visitor liable for damages, including but not limited to loss incurred and lost profits.

Article 6 : Reservation of entrance tickets

Tickets can be reserved in advance via the website and the reservation form. KOJUMP may attach further conditions to a reservation. The contract is established by the acceptance of an offer by KOJUMP;

Payment for ordered services or products must be made by one of the payment methods as offered by KOJUMP from time to time;

Without prejudice to the stipulations of article 8, any modification of the order by the visitor after confirmation of his order is subject to acceptance by KOJUMP. In accordance with the article L.221-28 of the Code of consumption, the right of withdrawal does not apply to contracts relating to the execution of services relating to leisure activities if the contract provides for a date or a determined period for the execution and the visitor does not have the right to cancel the contract. In all other cases, the visitor has the right to terminate a contract that has been made through the website within fourteen (14) days of receipt of the e-mail confirmation from KOJUMP.

Article 7 : Payment

In accordance with the article L.112-1 of the Code of consumption, the tariffs applied by KOJUMP are communicated to the visitors on the Internet site and posted in the establishment. They can be opposed to KOJUMP by the visitor only at the time of the order, any variation prior to the order not being able to engage the responsibility of KOJUMP;

The payment of the products or services offered by KOJUMP takes place at the latest before the moment when the visitor reaches the concerned ground of the establishment;

The payment is made under the conditions communicated by KOJUMP at the time of payment.

The visitor must check the correctness of the invoice or receipt and any change given directly upon payment. When the visitor can be qualified as a professional within the meaning of the regulations in force, the invoice is deemed to have been accepted in the absence of an immediate complaint and KOJUMP is not obliged to deal with a complaint addressed subsequently. The professional visitor loses his right to act if he has not lodged his complaint directly and if a legal action has not been taken within one year of the complaint;

In all cases where the parties have agreed on a form of payment other than cash payment, payment of the amounts owed by the visitor to KOJUMP must be made within fourteen (14) days of the invoice date, to the bank account mentioned on the invoice and at the latest prior to the visitor's access to the relevant KOJUMP site. No compensation, deduction or suspension can be made by the visitor;

If a visitor has not paid within the period referred to in Article 7, paragraph 3, he is directly in default and KOJUMP may, without further notice of default and without prejudice to its other rights, charge the statutory interest from the due date of the invoice. A fixed compensation of forty euro (40€) will also be due for collection costs on the occasion of any delay in payment, it being specified that KOJUMP reserves the possibility of claiming an additional compensation in the event of recourse to a firm in charge of reminders, formal notices and in a general way of the collection of its debts;

KOJUMP is never under the obligation to return an unused admission ticket.

Article 8 : Pricing

The prices of the services are available on request, on the KOJUMP website and on the social networks;

The prices communicated by KOJUMP are in euro (€) and include all Belgian taxes, if any, but exclude any indirect costs;

The valid price is the one communicated on the day of the reservation. KOJUMP reserves the right to modify at its discretion and at any time, upwards or downwards, the prices proposed;

The prices are established on the basis of the VAT rates in force at the date of delivery of the offer and any later variation of these rates will be reflected on the prices;

Any discounts, promotions or price reductions granted by KOJUMP are specific to each visitor and each order. They are of a precarious nature and do not commit KOJUMP for other possible reservations, the latter being able to adapt them or to renounce their application at its entire discretion.

Article 9 : Cancellation

For cancellation of a contract the following rules apply:

In case of cancellation up to forty-eight (48) hours before the day of the reserved event, the visitor is liable for fifty percent (50%) of the principal sum of the contract;
In the event of cancellation less than forty-eight (48) hours prior to the date of the booked event, the visitor shall be liable for the entire principal sum of the contract.

Any amounts to be refunded by KOJUMP on the basis of Article 9, under the first scenario (a) will be refunded within fourteen (14) days following the day of the activity booked by KOJUMP to the visitor concerned.

Article 10 : KOJUMP's warranties and responsibilities

The description of the services offered is provided as an indication and does not bind KOJUMP in case of dissatisfaction of the member;

Our equipment, our material and our installations are checked and tested with the greatest care. However, it is the visitor's responsibility to report any anomaly that he/she would notice on them;

The visitor declares that he/she is aware that trampoline is an intense sport, that he/she is in good health and that he/she is fit to jump on our canvases. KOJUMP will not be held responsible if the discipline is not adapted to the visitor;

The visitor is fully aware and accepts that access to KOJUMP buildings and facilities and participation in activities on a trampoline involve health risks and may result in property damage as well as serious personal injury. The visitor is responsible for his actions and must carry out the activity in compliance with the basic rules related to the practice of trampoline, while taking into account his capacities (physical and mental);

The visitor uses the material, equipment and facilities under his own responsibility and undertakes not to damage or depreciate the material and facilities provided and will be required to reimburse KOJUMP for any damage caused to the material or facilities provided;

Misuse by the visitor of the equipment and facilities or failure by the visitor to follow the instructions given by the coach prior to the jumping session shall never give rise to any liability whatsoever on the part of KOJUMP;

KOJUMP and the staff members for whom the company is responsible cannot be held liable for any material or immaterial damage (accident, injury, etc.) suffered by the visitor while in the Trampoline Park, unless the physical damage was caused by a fault or gross negligence on the part of KOJUMP ;

KOJUMP cannot be held responsible for any failure to comply with any regulations other than Belgian or European legislation that may apply to it;

KOJUMP declines all responsibility in case of loss, theft, disappearance, damage or deterioration of the visitor's personal property during his visit to KOJUMP. It is recommended that the visitor does not bring any valuable object. The surveillance and the custody of the personal belongings of the visitors are under their entire responsibility.

Article 11 : Claims settlement

In case of complaints, the visitor is required to inform the manager of the KOJUMP establishment concerned immediately, or if this is not reasonably possible, at the latest within forty-eight (48) hours after leaving the establishment concerned;

In accordance with the provisions of Article L.211-3 of the Consumer Code, in the event of a dispute arising in relation to the validity, interpretation or execution of the present contract, the visitor may have recourse to the consumer mediation procedure, under the conditions provided for in Title I of Book VI of the Consumer Code.

Article 12 : Major force

KOJUMP is not obliged to fulfill any obligation arising from the contract if and as long as it is prevented from doing so by a circumstance which cannot be attributed to KOJUMP according to the law, a legal act or according to the prevailing conceptions of social relations. Force majeure in the case of KOJUMP is understood to mean: a strike within the company and special circumstances or calamities which make compliance with the contract impossible or too risky (including technical problems);

Damage suffered by the visitor as a result of force majeure, other than the return or reimbursement of the price of the part of the contract that was affected by the force majeure, will never be considered for compensation.

Article 13 : Intellectual property and respect for the website

The website, its content and any other material and elements of the website whatsoever are protected by intellectual property rights (and in particular by the provisions contained in the Belgian Code of Economic Law, as well as by all international texts in force) and remain the exclusive property of KOJUMP or of the rightful owners concerned. In particular, it is forbidden, even if technically possible, to reproduce, download, modify, adapt, use, translate, distribute, communicate to the public, market or make available all or part of the content of the website, for any purpose and in any manner whatsoever, permanently or temporarily, whether for commercial or non-profit purposes;

The website and its contents may not be used for any purpose other than those expressly authorized or required by the navigation of the website. Any unauthorized use of the content of the site may constitute an infringement of copyright or give rise to civil or criminal proceedings and the payment of damages;

The Internet site, its contents and its addresses are published by the SRL KO GROUP whose information appears in article 1. It is hosted by Hetzner and One and is accessible without guarantee;

The user and visitor, whoever he may be, uses the site under his own and sole responsibility.

Despite the care taken in the construction of the site, KOJUMP cannot guarantee and shall not be liable for any damage caused by, among other things, an interruption, defect or error in the functionality of the site or in the information provided, a delay in operations or transmissions or generally an interruption in the functioning of the site, a computer virus or similar technical problems, a network defect, or for any other reason whatsoever, during the use of the site or its contents;

KOJUMP manages in a free and independent way the contents of the site and can consequently, in particular, without preliminary notification to the visitor or the user, suspend or cancel the access to the site or a part of this one, modify the information and products available on the site or modify the presentation of the site, its structure and its headings;

The visitor undertakes not to commit or omit acts that would have the object or effect directly or indirectly, of disrupting or interrupting the networks connected to the site or the servers of third parties, not to confuse any regulations and procedures of the Internet network, to hinder the use of the site, to copy, alter, modify, interfere with the site, its use or its content or to use the site for illegal purposes, prohibited by the terms of the TOS or infringing the rights of KOJUMP, nor to encourage such acts;

The visitor will not interfere with the use of the site by third parties, for example by attempting to gain access to personal data, passwords or to trace any information about third parties who have accessed the site;

The visitor will not test the capacity of the site or its vulnerability and will refrain from any act that could undermine its security or integrity. He also commits himself not to accomplish any act having for effect to impose an overload of the bandwidth;

The visitor undertakes to guarantee KOJUMP in case of action, loss, claim, compensation, indemnification (including legal fees), introduced against KOJUMP by any third party, in relation to or as a consequence of an inappropriate use of the site.

Article 14 : Regulatory dress and respect for the king

Access to the KOJUMP facilities is conditional upon wearing casual clothing and clean non-slip sports socks;

All visitors are required to strictly adhere to the internal rules and regulations.

Article 15 : Nullity of a provision

If any provision(s) of these TOU should be deemed invalid for any reason, only the minimum shall be deemed invalid and shall be replaced by valid provisions that best serve the purpose of the TOU. The remaining provisions shall remain in full force and effect.

Article 16 : Jurisdiction and applicable legislation

These Terms and conditions, the use of the website and the entire relationship between KOJUMP and the visitor are entirely governed by Belgian law.

All disputes will be decided by the competent judge in Belgium.

PRIVACY POLICY AND USE OF COOKIES

Article 1 : Purpose of the privacy policy and legal basis for data processing

KOJUMP processes personal data in accordance with this privacy statement.

privacy statement. The purpose of this policy is to transparently inform the users of the website

users of the website hosted at https://kojump.be/ about the way in which personal data is collected. KOJUMP undertakes to this end to take all necessary measures to ensure the processing of personal data in accordance with the law of July 30, 2018, on the protection of individuals with regard to the processing of personal data and the regulation of April 26, 2016 on the protection of data of natural persons with regard to the processing of personal data and on the free movement of such data ;

For more information about our privacy policy, you can

Article 2 : Purpose of the processing of personal data

KOJUMP collects and processes customers' personal data for the purposes of customer management

orders and reservations (administration, order and delivery tracking, billing, credit monitoring, profiling and

invoicing, credit monitoring, profiling and marketing and sending of personalized advertisements).

personalized advertisements).

Article 3 : Transfer to third parties

Personal data is stored within the company and will not be passed on to third parties under any circumstances.

Article 4 : Consent

By accessing and using the KOJUMP website, the user declares that he/she is aware of and gives his/her free, specific, informed and unambiguous specific, informed and unambiguous consent to the processing of personal data.

Consent is given by the positive act by which the user has checked the box proposing the

certain operations on the site or to allow the user to enter into a contractual relationship with KOJUMP

contractual relationship with KOJUMP;

Any contract binding KOJUMP to a user concerning the services of goods offered on the site is

Any contract between KOJUMP and a user for services or goods offered on the site is subject to the user's acceptance of the privacy policy;

The user agrees that the data controller within KOJUMP may process and collect, in accordance with the User consents to the data controller within KOJUMP processing and collecting, in accordance with the terms and principles included in this Privacy Policy, the personal data that he communicates directly on the site or on the occasion of the services the occasion of the services offered by KOJUMP, for the purposes indicated above;

The user has the right to withdraw his consent at any time. The withdrawal of consent does not compromise the lawfulness of the processing based on the consent previously given.

Article 5 : Retention period

The controller shall keep personal data only for as long as is reasonably necessary for the purposes for which they

reasonably necessary for the fulfilment of the purposes for which they are processed; the

processed;

This period is in any case less than 5 years.

Article 6 : Right of access, rectification, deletion, restriction, opposition and transfer of personal data

The customer has the right to consult his personal data at any time and can either have them corrected if they are incorrect or incomplete, or

incorrect or incomplete, or have them deleted and request their definitive deletion, or request the

erasure, or request the limitation of the processing or object to any processing of personal data

personal data concerning him/her under Article 6.1 (f), including profiling on the basis of these provisions

on the basis of these provisions ;

In addition, the customer has the right to obtain a copy (in a structured, common and machine-readable format) of his personal data.

of his personal data and to have the personal data sent to another company; The customer has the right to

another company;

In order to exercise the above-mentioned rights, the customer is requested to:

to adjust the settings of his customer account himself; and/or
send an email to the following address: [email protected].

Article 7 : Cookies

During a visit to the site, cookies may be placed on your computer's hard drive to better tailor the site to your next visit and to collect visitor statistics. These mini-files or cookies are not used to track visitor behavior on other websites. Your web browser allows you to prevent the use of cookies, receive a warning when a cookie is set, or delete cookies from your hard drive. Consult the help function of your internet browser for this;

The cookies used fall into the following categories:

Social Media

In order for you to easily share or "like" our content on social media like Facebook, Instagram, etc., we need to set a cookie. Social media uses cookies to record your choices and post comments. If you use these types of applications, cookies may record your usage, even if you do not interact with social media while visiting our site ;

Website Statistics

Cookies in this category allow us to count the number of visitors to our website and view the path taken by the user. This allows us to adjust and improve the operation of our site and to optimize it so that the information you are looking for is more easily accessible ;

Personalization

Personalization cookies allow us to tailor the site to each individual. They allow us to display content about your club and your membership. These cookies make the site faster and more relevant;

Marketing and third-party cookies

These cookies send anonymous information about your visit to KOJUMP and to third-party sites in order to personalize ads, display only those ads that are relevant to you, and analyze their performance. No personally identifiable information is recorded and visits are anonymous;

For a complete list of specific cookies and to manage cookies in this category, visit Your Online Choice ;

Spy pixels and cookies in HTML emails

Our e-mails may contain a single "spy pixel" unique to a campaign to let us know whether messages have been opened and to monitor clicks on links or advertisements in the e-mail. We may use this information, for example, to determine which e-mails are more interesting to users, or to ask people who do not open the messages if they wish to continue receiving them. The pixel will disappear when you delete the e-mail. If you do not want the pixel to be downloaded to your device, you must choose to receive our emails in text-only format, not HTML;

To stop being tracked by Google Analytics: http://tools.google.com/dlpage/gaoptout ;

To stop being tracked by Microsoft: http://privacy.microsoft.com/fr-be/default.mspx ;

To stop being tracked by yahoo.com: http://info.yahoo.com/privacy/fr/yahoo/ ;

Most browsers have settings that allow you to partially control cookies. To learn more about cookies, including how to view the cookies that have been set, how to manage them and how to delete them, visit www.allaboutcookies.org/fr ;

You can also visit the cookies page on your browser's website:

Internet Explorer :

Version 6 : https://support.microsoft.com/fr-be/kb/283185

Version 7 et 8 : http://windows.microsoft.com/fr-be/windows-vista/block-or-allow-cookies

Version 9 : http://windows.microsoft.com/fr-be/windows7/How-to-manage-cookies-in-Internet-Explorer-9

Firefox : https://support.mozilla.org/fr/kb/cookies-informations-sites-enregistrent

Google Chrome : http://www.google.com/support/chrome/bin/answer.py?hl=fr&answer=95647

Safari Web : http://support.apple.com/kb/PH11913

Mobile/iOS : https://support.apple.com/fr-be/HT201265

Article 8 : Direct Marketing

The customer has the right to object free of charge to any processing of his personal data for direct marketing purposes.

Article 9 : Complaint

The customer has the right to file a complaint with the Privacy Commission

(Rue de la Presse 35, B-1000 Bruxelles - [email protected]).