Terms of Service

By completing any transaction with Le Pôle de Transition or using a Le Pôle de Transition service in any format, you are agreeing to abide by the Terms & Conditions. In addition to this, you are also agreeing to our other policies that reside in the Terms & Conditions.

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Le Pole de Transition Ltd (“Le Pôle de Transition”, “we”, “us” or “our”). These Terms govern your access to the use of the Le Pôle de Transition spaces, the (“Network”), the Le Pôle de Transition Website and any other websites through which Le Pôle de Transition makes the Network available, the (“Website”). The Website and Network are collectively referred to as (“Le Pôle de Transition”).

General

Le Pôle de Transition is a company registered in England and Wales. Our company registration number is 13530056. Our registered VAT number is…… If you have any questions or if you have any complaints after reading these Terms, please contact us. You can contact us via mail on info@lepoleltd.com

If we take no action on any breach of this agreement or give you extra time to pay or comply, it will not stop us from enforcing the Terms again strictly at a future date. We may assign the benefit of these Terms and our rights thereunder to a third party on notice to you. Your rights under these Terms will not be prejudiced. We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations under these Terms caused by any event outside our reasonable control.

We will not be liable or responsible for outstanding money paid to a Personal Trainer. Le Pôle de Transition does not arrange or interfere with the relationship between the Personal Trainer and Client. As a consumer, you have legal rights about any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. We may immediately terminate this agreement by notifying you if you are in breach of this or any other of the policies below.

Le Pôle de Transition reserves the right to change or modify any of these Terms without notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting the changes. Your continued use of the Le Pôle de Transition following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using Le Pôle de Transition. You are responsible for regularly reviewing the most current Terms as well as all other policies that reside in the below.

Eligibilty and use of Le Pôle de Transition

You must be 18 years old or over and able to enter legally binding contracts to access and use Le Pôle de Transition or register for a Le Pôle de Transition Account. Le Pôle de Transition is not available to persons under the age of 18. By using the Website, or Network, you represent and warrant that you are 18 years old or over and have the legal capacity and authority to enter a contract.

Your participation in using Le Pôle de Transition is for your sole, personal use and not for commercial purposes. You may not authorise others to use your username and/or password in any entity. When using Le Pôle de Transition, you agree to comply with all applicable laws of the country, state, province or city in which you are present whilst using Le Pôle de Transition.

As described in the Privacy Policy, Le Pôle de Transition uses a third-party payment processor (Stripe) to link your payment method and Account to the Website. The processing of your payments for the Website, or Network will be subject to the Terms & Conditions and Privacy Policy of Stripe along with the issuing bank in addition to these Terms. Le Pôle de Transition is not responsible for any errors made by Stripe or your issuing bank.

By using Le Pôle de Transition, you agree to be bound by and comply with any additional Terms & Conditions and other residing policies provided by the Landlord and/or the Managing Agent (“Property Managers”) of the Network including compliance with building security procedures, IT access and procedures provided by the Property Managers which may be provided in electronic format through the Website, Mobile or in hardcopy in the Network.

Some components of Le Pôle de Transition implement APIs such as Google Maps. Your use of Google Maps is subject to the Google Maps Terms & Conditions and if you visit the Website, you are also agreeing to Apple’s Terms & Conditions. You can find both sets of Terms & Conditions on each respective Website.

PERSONAL TRAINER-SPECIFIC TERMS

Le Pole de Transition has no liability insuring any personal trainer has met the requirement for a personal trainer. This responsibility will be on the clients to do their due diligence.

ACCOUNT REGISTRATION

To be able to use the Network you need to sign up for an Account with Le Pôle de Transition which you can do through the Website. When signing up, you will be asked to provide Le Pôle de Transition with your personal information and credit card information which will be held and processed by our third-party payment processor, Stripe as set out above and in our Privacy Policy.

Once you complete your sign-up with Le Pôle de Transition, you will be provided with a personal account (“Account”). You agree to complete and maintain accurate and up-to-date information in your Account. Your failure to complete and maintain accurate and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Website and/or Network. Le Pôle de Transition reserves the right to suspend or terminate your Account and refuse all current or future uses of Le Pôle de Transition if Le Pôle de Transition has reasonable grounds to suspect that such information is inaccurate, outdated or untrue. You may not use Le Pôle de Transition for any illegal purpose or in any manner inconsistent with these Terms.

You are responsible for all activity that occurs concerning your Account including, but not limited to, the use of the Website and Network. Without limiting the foregoing, for any reservation made through the Account, if other persons are present in the Network, you hereby agree to be fully responsible and to indemnify Le Pôle de Transition for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons

HOUSE RULES

Please read the below carefully.
By completing any transaction with Le Pôle de Transition or using a Le Pôle de Transition service in any format, you are agreeing to abide by the House Rules. We ask you to make sure you are comfortable that you can comply with the House Rules before continuing. This is not an exhaustive list and Le Pôle de Transition has the right to use its sole discretion to add or alter at any time to prevent a breach of our Terms and Conditions.

You will:

  • You will wear suitable gym clothing and footwear whilst using any Le Pôle de Transition.
  • You will sanitise your hands before using Le Pôle de Transition equipment.
  • You will safely store any bags and personal belongings on to the allocated equipment for such things.
  • You will leave the Le Pole de Transition in a clean and tidy condition. This includes but not limited to, putting away equipment neatly, removing any trip hazards, chucking any litter, wiping down machines and equipment, clearing any spillages and sanitising your hands.
  • You will take all your belongings with you when leaving the Le Pole de Transition. Neither Le Pole de Transition, the Landlord and/or the Managing Agent is responsible for any property left behind.
  • You will exit the Le Pole de Transition on time and be courteous to any users entering after you.
  • You will be responsible and charged for the damage to equipment outside of normal wear and tear or necessary cleaning of a Le Pole de Transition facility due to your violation of this agreement or any agreement as outlined in the Terms & Conditions.
  • You will be held liable and charged for any costs incurred to replace equipment taken from the Le Pole de Transition.
  • You will provide proof of identity if reasonably requested by Le Pole de Transition, the Landlord and/or Managing Agent.
  • You will comply with any additional rules, regulations and requests communicated through the Le Pole de Transition Website, Web Application, Network or otherwise.

You will not:

  • You will not exceed the recommended user capacity in a single session as stated in our terms and conditions.

Pin Abuse Policy:



Use of PINs is monitored in the interests of the safety and security of all our users, use of PINs and access is monitored and individuals using PINs may be asked to provide proof of identification.

Should we believe that your PIN has been used by another individual or individuals we may (at our discretion) decide to conduct an investigation. If we do so we will:
(a) inform you, via email, that we believe your PIN  has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and
(b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in the below.

If you unreasonably refuse to cooperate with our investigation or following our investigation we have reasonable grounds to believe that your PIN  was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have:
(a) to apply a penalty charge to your card on file. The penalty charge will be calculated as being equal to the daily charge (that applied at the time of use) for each occasion on which your PIN was used by that individual/those individuals; and/or
(b) in the event of serious misuse of your PIN, for example, your PIN has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your Account with immediate effect, and no refunds will be given.

If we have reasonable grounds to believe that you knowingly provided your PIN  to another individual or individuals, or allowed unauthorised entry following your entry to the Le Pôle de Transition (known as tailgating) in addition to our rights referred to above, we may hold you responsible for the conduct of the individual(s) while on our premises, and liable for any loss we suffer as a consequence of that conduct.

Your PIN  can only be used by you and your PIN  is issued solely for your use, as your Account is personal to you and only covers your use of a Le Pôle de Transition. You are responsible for keeping your PIN secure and confidential at all times. The PIN  remains our property at all times (unless agreed otherwise and evidenced in writing).

DAMAGES, REPAIR AND/OR CLEANING FEES

As a user of Le Pôle de Transition, you are responsible for leaving the Network, any property and the surrounding area in the same or better condition than when you arrived. You are responsible for your actions and omissions and are also responsible for the acts and omissions of any individuals to whom you invite and/or provide access.

Further to this, you are responsible for the cost of any damage repairs or necessary cleaning of the Network resulting from your violation of this agreement or your use of the Network in excess of normal “wear and tear”. If Le Pôle de Transition, in its reasonable discretion, determines that excessive repair or cleaning is required, Le Pôle de Transition reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair. A cleaning fee, as well as an additional service fee which shall not exceed £500 per occurrence. Any such amounts are non-refundable and at the reasonable discretion of Le Pôle de Transition.

PAYMENT TERMS

Any fees which Le Pôle de Transition may charge you for the use of the Website, or Network will be as set out in the Website and/or Web App at the time of the purchase. These fees are inclusive of any taxes payable e.g. VAT. Le Pôle de Transition offers no Refund Policy, instead, we work in line with our Cancellation Policy which can be found in the headline of these Terms and below Clause 9. This no Refund Policy shall always apply regardless of your decision to terminate your usage. Le Pôle de Transition reserves the right to determine the final price.

You do hereby agree that you shall be charged fees based on the length of time of your booking of the Le Pôle de Transition, regardless if you only make use of the Le Pôle de Transition for less than your booked time. If you exceed the amount of time for which you booked a Le Pôle de Transition, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with other users’ booked time. You do hereby consent to such excess time charges and such overage charges.

Le Pôle de Transition may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Le Pôle de Transition may change the fees for the Website or Network at our sole discretion. We encourage you to check back at our Website and/or Web App periodically to find out about how we charge for the Website and Network. You can find out more information below Clause 21.

If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights from accessing the Network. If a payment is declined, refunded, cancelled or charged back by your issuing bank, or another person, you are not entitled to the return of any associated service fees, such as payment processing fees, irrespective of the reason for such decline, refund, cancellation or chargeback. Le Pôle de Transition reserves the right with sole discretion to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or any other reason without limit. If you access the Website via your mobile, please be aware that your carrier’s normal rates will still apply.

CANCELLATION POLICY

CANCELLATIONS BY YOU:

All cancellations must be taken place on the Le Pôle de Transition Mobile Application. You can cancel your session via the ‘ACTIVE SESSIONS’ tab in the app menu, subject to the below policy. Due to the nature of our business model, we require a cancellation procedure to be in place to maintain a fair system and prevent empty bookings due to late cancellations. Dependent on what method you use to book your session will depend on the Cancellation Policy that is applied.

COINS:

If you’ve paid using Coins, you will have 4 hours before your session to cancel. Your Coins will be returned immediately to your Account if these Terms are satisfied. If these Terms are not satisfied, Coins will be taken, and no refund will be given.

PAY-AS-YOU-GO:

If you’ve paid using pay-as-you-go, you will have 8 hours before your session to cancel. We will not charge your card if these Terms are satisfied. If these Terms are not satisfied, payment will be taken, and no refund will be given.

CANCELLATIONS BY US:

We may cancel your session subject to a force majeure or similar making it impossible or significantly impede us to carry out the service. We will always endeavour to let you know as early as possible via email and process any cancellation refunds as necessary.

LICENSING, RESTRICTIONS AND COPYRIGHT

Subject to your compliance with these Terms, Le Pôle de Transition grants you a limited, non-exclusive, non-transferable and revocable license to use Le Pôle de Transition. Should you choose to download content from Le Pôle de Transition, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and always remains the property of Le Pôle de Transition.

You will not use, copy, adapt, decompile, modify, reverse engineer, prepare, derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Network or any content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Le Pôle de Transition or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by Le Pôle de Transition.

USER CONTENT

Le Pôle de Transition may, in its sole discretion, permit users of the Network to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit including documents, text, graphics, video, messages, forum postings, your profile information, comments, questions, and other materials (“**User Content**”).

By making available any User Content on or through the Website and/or Network, you hereby grant to Le Pôle de Transition a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sub-licensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation through or by means of the Website and/or Network. In connection, you hereby renounce and waive in favour of Le Pôle de Transition any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you have may to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us the right over your User Content and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from the same.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website and/or Network. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website and/or Network or you have all rights, licenses, consents and releases that are necessary to grant to Le Pôle de Transition the rights in such User Content, as contemplated under this agreement and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Le Pôle de Transition’s use of the User Content or any portion, therefore, will infringe, misappropriate or violate a third-party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

INTELLECTUAL PROPERTY

References in these conditions to Intellectual Property rights, the (“**IP**”) means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and each case, whether registered or not, including any applications to protect or register such rights, including all renewals and extensions of such rights or application, whether vested, contingent or future and wherever in the world they exist.

Unless specifically indicated otherwise, the Website and/or Network together with all IP rights are owned by Le Pôle de Transition, our licensors or both (as applicable). Such IP rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such IP rights in connection with these conditions. This means that we and they remain owners of them and are free to use them as we and they see fit.

The Website and/or Network are for intended uses only and nothing in these conditions grants you any legal rights to access or use the Website and/or Network for any other purposes. You may not use the Website and/or Network for any further or additional uses and in particular may not reproduce or otherwise make available the same in whole or in part, without the prior written consent of Le Pôle de Transition or our licensors, if applicable. In addition, none of the content or design on the Website and Network may be copied, altered in any way or transmitted or distributed to any other party without our prior express written permission.

You retain ownership of any information or data you provide to or through the Site (“**User Data**”). Subject to the foregoing, by using the Website and/or Network, you are granting Le Pôle de Transition a non-exclusive, perpetual, irrevocable, royalty-free, transferable license to copy, reproduce, remove, process, adapt, transmit, save, host, display and otherwise use your User Data in accordance with our Privacy Policy which can be found in the headline of these Terms and Clause 26.

We reserve the right to remove any User Data that in our sole discretion deem inappropriate, abusive, unlawful or otherwise contrary to, or in breach of, these Terms or the proper use of the Website and/or Network (“**Infringing User Data**”). Le Pôle de Transition shall not be responsible or liable to any third party in respect of any Infringing User Data.

SMS MESSAGING

You agree that Le Pôle de Transition may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with an Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing anything from the Website or Network. You also understand that you may op-out of receiving text messages from Le Pôle de Transition at any time. If you do not choose to opt-out, Le Pôle de Transition may contact you as outlined in our Privacy Policy which can be found in the headline of these Terms and Clause 26.

THIRD-PARTY SERVICES

During use of the Website and Network, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, sponsors or affiliates showing their goods and/or services through the Website or Network. Any such activity and any Terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third party. Le Pôle de Transition and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. Le Pôle de Transition does not endorse any sites on the internet that are linked through the Website or Network and in no event shall Le Pôle de Transition or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Le Pôle de Transition provides the Website, and Network to you pursuant to the Terms of this agreement. You recognise that certain third-party providers of goods and/or services may require your agreement to additional or different Terms prior to your use of or access to such goods or services and Le Pôle de Transition disclaims any and all responsibility or liability arising from such agreements between you and third-party providers.

Le Pôle de Transition may rely on third-party advertising and marketing supplied through the Website and Network and any other mechanisms to subsidise the Website or Network. You agree to receive such advertising and marketing by agreeing to these Terms. If you do not want to receive such advertising, you must notify us at info@lepoleltd.com. Le Pôle de Transition reserves the right to charge you a higher fee for the Website and Network should you choose not to receive these advertising services. Le Pôle de Transition may compile, release and disclose non-identifiable information regarding you and your use of the Website and Network as part of a customer profile or similar report or analysis including but without limitation to third-party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through Le Pôle de Transition.

INDEMNITY

You agree to release, defend, indemnify and hold harmless Le Pôle de Transition, our Landlords and/or our Managing Agents and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees arising out of your use and access to the Website and Network, your violation of any term of these Terms, your violation of any law or the rights of a third party including without limitation, any copyright, property or privacy right, or any claim that any content you submitted caused damage to a third party. You agree to notify Le Pôle de Transition in writing at info@lepoleltd.com of such a claim. If a claim subject to IP infringement indemnification is made, Le Pôle de Transition shall have the right to obtain for you the right to continue using Le Pôle de Transition or replace and/or modify Le Pôle de Transition so that it becomes non-infringing and still provide substantially the same functionality for the user. The indemnification obligated will survive the termination of these Terms and your use of the Website and Network.

DISCLAIMER

Le Pôle de Transition provides the Website and Network along with its content, materials, information, software and products included therein including separate services performed by third parties under control for use on an “as if”, “where is” and “as available” basis. To the maximum extent permitted by law, Le Pôle de Transition disclaims all representations and warranties whether express or implied with respect to Le Pôle de Transition including without limitation; any warranties or merchantability and fitness for a particular purpose, features, quality, non-infringement, title, performance, compatibility, security or accuracy and that the quality of the Le Pôle de Transition, as well as any products, service, information or other material purchased or obtained by you through the Website or Network, will meet your requirements or expectations. You acknowledge and agree that the entire risk arising out of your use of Le Pôle de Transition and/or third-party services or products remains solely with you to the maximum extent permitted by law.You hereby acknowledge and agree that; the locking mechanism used on the Le Pôle de Transition is provided by a third-party and Le Pôle de Transition, the Landlord and/or the Managing Agent have no liability whatsoever with respect to any failure of the locking system to work in its intended manner including without limitation any loss or theft of your property as the Network is located in buildings which are not owned, managed or manned by Le Pôle de Transition and Le Pôle de Transition makes no representations or warranties relating thereto.

Additionally, Le Pôle de Transition, the Landlord and/or the Managing Agent make no representation or warranty with respect to the suitability of the Network for any particular activity and shall not be liable in any way for such activities.Le Pôle de Transition, the Landlord and/or the Managing Agent does not warrant that the Le Pôle de Transition will operate in an uninterrupted or error-free manner or that the Le Pôle de Transition will always be available or free from all harmful components or that it is safe, secured from unauthorised access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Le Pôle de Transition or its providers.

WAIVER

I declare that I intend to use some or all of the activities, facilities and services offered by Le Pôle de Transition and I understand that each person (including myself), has different skill levels for participating in such activity. I assume full responsibility during and after my participation at Le Pôle de Transition and for my choices to use or apply, at my own risk, any portion of the equipment, facilities, information or instruction available.I understand that part of the risk involved in undertaking exercise is relative to my own state of fitness or health (physical and emotional) and the awareness, care and skill with which I conduct myself in any usage of Le Pôle de Transition.

I agree that to the best of my knowledge and belief, I am in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to my health, safety, comfort, well-being or physical condition.In addition, I understand that I should immediately withdraw from, reduce or modify my involvement in any of the activities and I should do so on recognition of any signs of physical discomfort which may include: lightheadedness, fainting, chest discomfort, leg cramps, nausea, etc.

I further understand that there are possible risks involved in participating in exercise and Le Pôle de Transition will accept no responsibility for my actions, injuries or health during my use of Le Pôle de Transition.

If you start to feel unwell or a life-threatening emergency occurs in a Le Pôle de Transition, you should immediately call the Emergency Services by dialling 999 (or the relevant country code) on your phone and you should press the allocated “Emergency Button” to notify Le Pôle de Transition so we can take necessary action.

LIMITATION OF LIABILITY

Le Pôle de Transition, its Officers, Directors, Shareholders, Employees, Suppliers, Sub-Contractors, Agents, Landlords and Managing Agents will not be liable for any direct, indirect, incidental, consequential or any other damage or loss including loss of profit and loss of data, costs, expenses and payments, arising from or in connection with the use or inability to use the services of Le Pôle de Transition. This includes any fault or error made by our employees or anyone acting on our behalf or from your reliance on the content of the services or any denial or cancellation of your Account or the retention, deletion, disclosure and any other use or loss of your content on the services. In no event shall Le Pôle de Transition, its licensors or any Landlord or Managing Agent aggregate liability arising out of or relating to this agreement of your use of or inability to use the Website or Network. You understand and agree that you obtain or otherwise download content, material or data through or for the use of Le Pôle de Transition at your discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. In addition, Le Pôle de Transition does not represent or warrant that the information accessible via the Website or Network is accurate, complete or up to date.

Responsibility for the decisions you make regarding Le Pôle de Transition offered via the Website or Network with all its implications rests solely with you. Le Pôle de Transition will not assess the suitability, legality or ability of any such building owners or other third parties and you expressly waive and release Le Pôle de Transition and building owners, to the maximum extent, allowable under applicable law, from any and all liability, claims, causes of action or damages arising from your use of the Website or Network and/or in any way related to the third parties introduced to you by Le Pôle de Transition.

The quality of the building in which Le Pôle de Transition is located is entirely the responsibility of the Landlord and/or Managing Agent. You understand that by using Le Pôle de Transition you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable and that you use Le Pôle de Transition at your own risk.

To the extent applicable under local law, nothing in this agreement shall limit the liability for death or personal injury caused by negligence from Le Pôle de Transition or for fraud or fraudulent misrepresentation.

RATING SYSTEM

You may be required to rate certain aspects of your overall experience with Le Pôle de Transition as well as certain aspects e.g. other users. This rating will be prompted through the Website. If you do not participate when requested, Le Pôle de Transition reserves the right (without limiting any of Le Pôle de Transition’s other rights hereunder) to restrict your access to Le Pôle de Transition. Additionally, if Le Pôle de Transition or other users, rate your usage of Le Pôle de Transition as being below a threshold acceptable to Le Pôle de Transition, then we may in our sole discretion, and without limiting any of Le Pôle de Transition’s other rights hereunder, restrict your access to Le Pôle de Transition.

PROMOTION TERMS

Le Pôle de Transition reserves the right to end any promotion without warning at any time.Any prizes offered by Le Pôle de Transition must be claimed within 21 days of the announcement of the winners. Le Pôle de Transition has 45 days to issue any prize.All Le Pôle de Transition challenges are subject to fair play.Le Pôle de Transition reserve the right to redeem any prize in the form of a voucher or pre-purchased credit.

NOTICES

Le Pôle de Transition may send you notices by means of email to your email address on record in your Account. You may give notice, and address any complaint or claim to Le Pôle de Transition (such notice, complaint or claim shall be deemed given when received by Le Pôle de Transition) at any time by means of email to info@lepoleltd.com

GOVERNING LAW

These conditions, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.

TERMINATION

You agree that Le Pôle de Transition, in its sole discretion and for any or no reason, may terminate any Account (or any part thereof) you may have with Le Pôle de Transition or your use of Le Pôle de Transition, and remove and discard all or any part of your Account or any of your User Content, at any time. Le Pôle de Transition may also in its sole discretion and at any time discontinue providing access to the Website and Network or any part thereof, with or without notice. You agree that any termination of your access to the Website or Network or any Account you may have or a portion thereof may be effected without prior notice, and you agree that Le Pôle de Transition shall not be liable to you. These remedies are in addition to any other remedies Le Pôle de Transition may have at law or in equity.You may terminate your Account at any time by ceasing all use of the Website, deleting the Mobile Application from your device and no longer partaking in any sessions in the Network. Furthermore, you may request Le Pôle de Transition to cancel your Account via email sent to info@lepoleltd.com

GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, Le Pôle de Transition or any third-party provider as a result of these Terms or use of the Website and Network. These Terms may not be assigned by you, whether in whole or in part, without the prior written approval of Le Pôle de Transition. These Terms may be assigned without your consent, in whole or in part by Le Pôle de Transition, including to a parent or subsidiary, an acquirer of assets, or a successor by merger. Any purported assignment in violation of this section shall be void. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall fully be enforced under the law. The failure of Le Pôle de Transition to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Le Pôle de Transition in writing. These Terms comprise the entire agreement between you and Le Pôle de Transition and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

PRIVACY POLICY

WELCOME TO Le Pôle de Transition’S PRIVACY AND DATA PROTECTION POLICY (“PRIVACY POLICY”).

At Le Pôle de Transition (**“Le Pôle de Transition”**, “we”, “us” or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the law and guidelines of the Data Protection Act 2018. This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, and how the law protects you, and inform our employees and staff members of all their obligations and protocols when processing data.

The individuals from whom we may gather and use data can include:

and any other people that the organisation has a relationship with or may need to contact.This Privacy Policy applies to all our employees and staff members and all Personal Data processed at any time by us.

1. WHO IS YOUR DATA CONTROLLER

Le Pôle de Transition is your Data Controller and is responsible for your Personal Data. We are not obliged by the GDPR to appoint a Data Protection Officer and have not voluntarily appointed one at this time. Therefore, any enquiries about your data should be sent to us by email at info@lepoleltd.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK’s supervisory authority for data protection issues www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

2. INFORMATION WE HOLD

  • When you use the Website and/or Mobile Application we may collect the following information about you:
  • Personal information including first and last name, date of birth and photograph;
  • Contact information including residential address, geographic location, primary email address and/or primary phone number;
  • If you sign up to the Website and/or Mobile Application through a third-party service such as Facebook or Google, we may extract information from your Account e.g. name, email address, photograph and any other personal information that your privacy settings permit us to access;
  • Information about your contacts when you invite others to join your workout session or as a part of any promotional activities we run;
  • Technical information including IP address, operating system, browser type and related information regarding the device you used to visit the site, the length of your visit and your interactions with the site;
  • Information relevant to service, customer surveys and/or offers;
  • We may monitor your use of the Website and Mobile Application through ‘cookies’ or similar tracking technologies (Facebook Pixel and Google Analytics). We may also monitor traffic, location or other data and information about users of the Website and Mobile Application. Such data and information, to the extent that you are individually identifiable from it, shall constitute information as defined above. However, some of this data will be aggregated or statistical, which means that we will not be able to identify you individually;
  • Occasionally we may receive information about you from other sources e.g. from other users on the Website and/or Mobile Application who provide feedback ratings or other details. We will add this information to the data we already have collected to help us carry out the activities listed.

3. HOW LONG WE HOLD YOUR INFORMATION

  • We will keep your information only for as long as we need to hold it for the purposes set out below in Clause 6.
  • If required, we will be entitled to hold information for longer periods to comply with our legal or regulatory obligations.

4. LEGAL BASIS FOR YOUR INFORMATION

  • Under Data Protection Law, we may only process your information if we have a “legal basis” e.g. a legally permitted reason for doing so. For this policy, our legal basis for processing your information is:
  • Where we have requested it and made it known to you or asked for your consent set out in Clause 5;
  • Where the processing is necessary e.g. taking any preliminary steps that are required before you can enter a contract with us as set out in this policy and others);
  • Where there is a legitimate business interest in providing services to our users through the Website and/or Mobile Application which requires the processing of your information to enable us to provide these services. Subject to your rights set out in Clause 14.

5. CONSENT TO PROCESS

  • You will be required to give consent to certain processing activities before we can process your information. Where applicable, we will seek this consent from you when you first submit information through the Website and/or Mobile Application.
  • If you have previously given consent you may freely withdraw such consent at any point by emailing info@lepoleltd.com
  • If you withdraw your consent and if we do not have another legal basis for processing your information as set out in Clause 4, then we will stop processing your information. If we do have another legal basis for processing your information, then we may continue to do so subject to your legal rights in Clause 14.
  • Please note that if we need to process your information in order to operate the Website and you object or do not consent to us processing your information, the Website and/or the Mobile Application will not be available to you.

6. HOW WE USE YOUR INFORMATION

We may process information held about you for the following purposes:

  • To operate, administer, maintain, provide, analyse and improve the Website and/or Mobile Application along with the services available through them;
  • To investigate and address any comments, enquiries or complaints made by you regarding the Website and/or Mobile Application and any similar or related comments enquiries or complaints from other users;
  • To ensure the content on the Website and/or Mobile Application is presented most effectively for you and your device;
  • To conduct research, statistical analysis and behavioural analysis which includes anonymising data for these purposes;
  • To provide insights based on aggregated, anonymous data collected through the research and analysis referred to in 6.1.4 above;
  • To allow you to participate in interactive features of the Website and/or Mobile Application including inputting information and providing feedback;
  • To contact you for marketing purposes, where applicable subject to Clause 7;
  • To disclose your information to selected third parties as permitted by this policy subject to Clause 8;
  • To notify you about the changes to the Website and/or Mobile Application;
  • To comply with our legal obligations, including those related to the protection of Personal Data.

7. MARKETING AND OPTING OUT

  • If you have given us permission, we may contact you through electronic messaging services including but not limited to; email, SMS and similar (“Messaging Services”) about our products, services, promotions and special offers that may be of interest to you. We will inform you before collecting your data and always seek your permission if we intend to use your data for such purposes. If you prefer not to receive any direct marketing communication from us, or you no longer wish to receive them, you can withhold consent and/or opt-out anytime using the methods outlined in 7.4.
  • If you have given us permission, we may contact you through these (“**Messaging Services**”) to provide information about products, services, promotions, special offers and other information we think may be of interest to you from carefully selected third parties. We will inform you before collecting your data if we intend to use your data for such purposes. If you would rather not receive such third-party marketing information from us, you can withhold consent and/or opt-out at any time using methods outlined in 7.4.
  • If you have given us permission, we may share your personal data with carefully selected third-party organisations and/or business partners so that they can contact you directly through (“**Messaging Services**”) about products, services, promotions and special offers that might be of interest to you. We will inform you before collecting your data and seek your permission if we intend to disclose your data to third parties for such purposes. If you would rather not receive direct marketing communications from our third-party organisation and/or business partners, you can withhold consent and/or opt-out at any time using methods outlined in 7.4.
  • You have the right at any time to ask us or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to info@lepoleltd.com or contacting the relevant third party using their contact details. Please ensure you provide the information of the (“**Messaging Services**”) you are receiving marketing on so you can be identified and removed. Alternatively, you can follow the change of preferences instructions in the footer of emails or other communications you receive from us or them.

8. DISCLOSURE OF YOUR INFORMATION

We may disclose your information including Personal Data:

  • To other companies within our group of companies including subsidiaries of our ultimate holding company as defined in section 1159 of the UK Companies Act 2006;
  • To third-party organisations, business partners and/or service providers to enable them to undertake services for us and/or on our behalf. We will always ensure we have appropriate measures in place to protect your Personal Data;
  • If we are under a duty to disclose or share Personal Data to comply with any legal obligation including but not limited to any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity;
  • To other third parties if you have consented us to do so;
  • We may disclose aggregated, anonymous information which you cannot personally be identified by or insights based on such anonymous information to selected third parties including but not limited to analytics and search engine providers to assist us in the improvement and optimisation of the Website and/or Mobile Application;
  • If our whole business is sold or integrated with another business your information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

9. KEEPING INFORMATION SECURE

  • We will use technical and organisational measures in accordance with good industry practice to safeguard your information including the use of data encryption wherever possible.
  • While we will use all reasonable efforts to safeguard your information, you acknowledge that the use of the internet is not entirely secure and for this reason, we cannot guarantee the security or integrity of any information that is transferred from you or to you via the internet.

10. MONITORING

  • We may monitor and record communications with you such as telephone conversations and emails for the purposes of provision of services, quality assurance, training, fraud prevention and compliance purposes. Any information that we receive through such monitoring and communications will be added to the information we already hold about you and may also be used for the purposes listed in Clause 6.

11. OVERSEAS TRANSFERS

  • Every so often we may need to transfer your information to countries outside the European Economic Area, which compromises the EU members plus Norway, Iceland and Liechtenstein (“**EEA**”). Non-EEA countries that we may need to transfer your information to include but are not limited to the United States of America and India.
  • Such countries may not have similar protections in place regarding the protection and use of your data as those set out in this policy. Therefore, if we do transfer your information to countries outside the EEA, we will take reasonable steps in accordance with Data Protection Law to ensure adequate protections are in place to ensure the security of your information.
  • By submitting your information to us in accordance with this policy, you also consent to these transfers for the purposes specified in this policy.

12. PAYMENT PROCESSING

  • Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted over the internet. Payments made on the Website and/or Mobile Application are made through our payment gateway provider, Stripe. You will be providing debit or credit card information directly to Stripe which operates a secure server to process payment details, encrypting your information and authorising the payment. The information which you supply to Stripe is not within our control and is subject to Stripe’s own Privacy Policy and Terms.

13. INVITEES AND OTHER INDIVIDUALS

  • As part of our service, we allow registered users to send invitations to individuals (“Invitees”) to invite them to participate in a session. Where you wish to send an invitation to a proposed individual who is also a registered user on the Website and/or Mobile Application, we will process Personal Data that relates to that individual in accordance with this policy.
  • Where you wish to send an invitation to a proposed individual who is not a registered user of the Website and/or Mobile Application, we will not collect or request any information from you any information from which that individual can be personally identified. After sending an invitation link and if clicked, the individual will be redirected to the Mobile Application. We will seek consent from them to process their Personal Data in accordance with these Terms.
  • Subject to the above, if you otherwise give us Personal Data that relates to a third party, you confirm that the third party has appointed you to act on his/her/their behalf and has agreed that you can give consent on his/her/their behalf to the processing of his/her/their Personal Data, receive on his/her/their behalf any data protection notices and give consent to the transfer of his/her/their Personal Data abroad, where applicable.

14. YOUR RIGHTS

  • You have the right to request information about the Personal Data that we may hold and/or process about you, including whether or not we are holding and/or processing your Personal Data, the extent of the Personal Data we are holding and the purposes and extent of the processing.
  • You have the right to request that any inaccurate information we hold about you to be updated and/or corrected. If you require any changes to your information or you become aware of any inaccuracies in such information, please let us know by forwarding your request to info@lepoleltd.com
  • From 25th May 2018, you have the right in certain circumstances to request that we delete all Personal Data we hold about you.(“Right of Erasure”). Please note that this right is not available in all circumstances e.g. where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
  • From 25th May 2018, you have the right in certain circumstances to request that we restrict the processing of your Personal Data e.g. where the Personal Data is inaccurate or where you have objected to the processing. See Clause 14.6.
  • From 25th May 2018, you have the right in certain circumstances to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different Controller (“**Right To Data Portability**”). Please note this right is only available in some circumstances e.g. where the processing is carried out by automated means. If you requested the right and it is not available, we will let you know.
  • You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which overrides your own interests. If, as a result of your circumstances, you do not have the right to object to such processing, we will let you know.
  • You have the right in certain circumstances not to be subject to a decision based solely on automated processing e.g. where a computer algorithm, rather than a person, makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you, we will let you know.
  • You have the right to object to direct marketing. Please see Clause 7.4.

15. COMPLAINTS

  • If you have any concerns about how we collect or process your information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner’s Office (“ICO”). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns

16. COOKIES AND RELATED SOFTWARE

  • Our software may issue (“**Cookies**”) which are small text files on your device. When you access and use the Website, you will be asked to consent to this the first time you visit our Website or each time after your cache has been cleared. Cookies do not affect your privacy or security as a Cookie cannot read data from your system or other Cookie files created by other websites.
  • Our Website uses Cookies and other tracking software to distinguish our users, collect standard internet log information and collect visitor behaviour information. This information is used to track user interactions with the Website and allows us to provide you with a personalised and improved experience along with improving our site and building statistical reports. We may also use Cookies to allow us to effectively continue marketing to you after visiting our Website.
  • You can set your system not to accept cookies if you wish. You can do this by changing your browser settings so that cookies are not accepted. However, please note, that some of our Website features may not function if you remove cookies from your system. For further general information about cookies, please visit https://www.aboutcookies.org or https://www.allaboutcookies.org

17. CHANGES TO THE POLICY

  • We keep this policy under regular review and may change it. If we change the policy we will post the changes on this page and place notices on other pages of the Website and/or mobile application as applicable so that you can be aware of the information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version of this policy as it will apply each time you access the Website and/or mobile application.
  • This policy was last updated on 30th April 2020.

18. LINKS TO OTHER WEBSITES

  • Our site may contain links to other websites. This policy only applies to our site. If you access links to other websites, any information you provide to them will be subject to the privacy policies of those other websites.

19. ACCESSIBILITY

  • This policy aims to provide you with all the relevant details about how we process your information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty reading or understanding this policy, or if you would like this policy in another format e.g. audio, large print or braille, please let us know.

20. CONTACT US

We welcome your feedback and questions on this policy. If you wish to contact us as the Data Controller, please email us at info@lepoleltd.com .

  • This policy aims to provide you with all the relevant details about how we process your information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty reading or understanding this policy, or if you would like this policy in another format e.g. audio, large print or braille, please let us know.

21. SURVEILLANCE

21.1 This section sets out the appropriate actions and procedures which Le Pôle de Transition follows in respect of the use of CCTV (closed circuit television) surveillance systems (“**CCTV Systems**”) at our premises.

  • Sound recording is disabled on all cameras.
  • Please note that our Network is monitored by CCTV 24 hours a day. Le Pôle de Transition reserves the right for its employees and contractors to review footage as required and by entering onto our sites you consent to your image being recorded and reviewed and waive any and all claims in relation to the same. Recorded CCTV footage will be stored securely and retained in compliance with applicable laws.

21.2 In drawing up this policy, due Account has been taken of the following:

21.3 This policy will cover all employees and persons providing a service to Le Pôle de Transition, visitors and all other persons whose image(s) may be captured by our CCTV Systems.

21.4 We will also ensure that the personal data captured by our CCTV Systems are only processed in accordance with the following requirements:

21.5 The Le Pôle de Transition CCTV Officer has the legal responsibility for the day-to-day compliance with the requirements of this policy.

21.6 The purpose of the use of CCTV Systems and the collection and processing of CCTV images is for the prevention or detection of crime or disorder, apprehension and prosecution of offenders (including the use of images as evidence in criminal proceedings), the interest of public and employee Health and Safety, protection of public health and the protection of our property and assets and to ensure compliance with our policies and procedures.

21.7 Prior to any camera installation the CCTV Officer will ensure that the installation complies with this policy and that the use of any camera is justified, necessary and proportionate. The CCTV Officer will regularly assess whether the use of any camera and the CCTV System as a whole continues to be justified, necessary and proportionate.

21.8 The location of the equipment is carefully considered because the way in which images are captured needs to comply with the Regulation.

21.9 All cameras are located in prominent positions within public and staff view and do not infringe on sensitive areas. All CCTV surveillance is automatically recorded, and any breach of this siting policy will be detected via controlled access to the CCTV System and auditing of the CCTV System.

21.10 The images produced by the equipment will as far as possible be of a quality that is effective for the purpose(s) for which they are intended. Upon installation, all equipment is tested to ensure that only the designated areas are monitored, and suitable quality pictures are available in live and playback mode. All CCTV equipment is maintained under contract.

21.11 Images which are not required for the purpose(s) for which the equipment is being used will not be retained for longer than is necessary. While images are retained, it is essential that their integrity be maintained, whether it is to ensure their evidential value or to protect the rights of people whose images may have been recorded. Access to and security of the images is controlled in accordance with the requirements of the Regulation.

21.12 All images are digitally recorded and stored securely within the system’s hard drives. Images are stored for a minimum of 14 days and typically for no more than 31 days.

21.13 Where the images are required for any other purpose, for example, system testing, evidential purposes or disciplinary proceedings, a copy file will be moved to an access-controlled confidential location and held until the completion of the investigation. Viewing of images within the system is controlled by the CCTV Officer or a person nominated to act on their behalf. Only persons trained in the use of the equipment and authorised by the CCTV Officer can access data.

21.14 Access to, and disclosure of, the images recorded by our CCTV System and similar surveillance equipment is restricted and carefully controlled. This ensures that the rights of individuals are preserved, and the continuity of evidence remains intact should the images be required for evidential purposes e.g. a police enquiry or an investigation being undertaken as part of an internal procedure.

21.15 Access to the medium on which the images are displayed and recorded is restricted to the CCTV Officer, staff authorised by them and third parties as authorised from time to time for specific purposes. Access to and disclosure of images is permitted only if it supports the purpose for which such images were collected.

21.16 The Regulation gives any individual the right to request access to CCTV images which contain their personal data.

21.17 Individuals who request access to images must do so by contacting us at info@lepoleltd.com. Please send details of; who you are, the reason for the request, your contact details, the location of the CCTV, the time in question and any details that might be useful. Upon receipt of the request, the CCTV Officer, or another member of staff authorised by them, will determine whether the disclosure is appropriate and whether there is a duty of care to protect the images of any third parties. If the duty of care cannot be discharged, then the request can be refused.A written response will be made to the individual, giving the decision (and if the request has been refused, giving reasons) within 31 days of receipt of the request.

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