Disclaimer Keep Moving
This disclaimer is a legal agreement between the user of the Keep Moving platform (hereinafter: “user”, “you” or “your”) and ENERGY NV (hereinafter: “Energy NV”, “we”, “us” or “our ") regarding the use of the Keep Moving platform (" Platform ") and related website (s) (" Website "). ENERGY NV provides the Platform and this Website and makes no representations or warranties of any kind, express or implied, regarding the availability, accuracy, reliability or content of the Platform and this Website, or any other websites linked to or from the Platform and this Website. Within the limits of what is permitted by applicable laws and regulations, ENERGY NV will in no way be liable towards the user of the Platform and this Website or a third party with regard to any claim related to the use of or reliance on the Platform and this Website. ENERGY NV does not warrant that the Platform and this Website will be uninterrupted or error free, that any defects will be remedied, or that the Platform and this Website or the server making these pages available are free from viruses or other harmful components. ENERGY NV is neither responsible nor liable for damage to or for viruses that may infect your mobile phone or other property, as a result of your access to or use of the Platform and this Website.
The content of the Platform is not medical advice
The content we provide through the Platform and this Website, including texts, training schedules, photos, videos, illustrations, and other material, regardless of whether the content comes from us or third parties (hereinafter: “content”), is not intended and should not be not to be regarded as or used in place of (A) the advice of a physician or other medical professionals, (B) a visit, conversation, or consultation with a physician or other medical professionals, or (C) information posted on or in a product packaging or label. The content does not constitute medical advice. The user understands and acknowledges that he / she should never ignore or neglect to seek medical advice because of any content on the Platform and this Website, and that he / she should not use the content to diagnose or treat a health problem. The transmission and receipt of the content, in whole or in part, or communication via the internet or other means does not imply an existing doctor-patient, therapist-patient or other care provider relationship between the user of the Platform and this Website and ENERGY NV. The user understands that when he / she participates in a training, test or workout program, there is always the possibility of bodily injury and / or death. The user understands that ENERGY NV is not responsible for any health problems that may arise from the use of the Platform and this Website, or from any acts or omissions on the part of the user, as a result of any information that the user has received through the Platform and this Website. The user follows the training program proposed on the Platform and this Website voluntarily and at his own risk, and releases and releases ENERGY NV from liability for claims arising from the use of the Platform and this Website.
The user of the Platform and this Website accepts all risks associated with its use. The user understands that injuries can always occur if the user is not in sufficient physical condition, and also as a result of normal use of the Platform and this Website. The instructions and advice on the Platform and this Website are in no way intended to replace medical guidance.
The exclusion of liability in this disclaimer does not affect the civil liability of Energy NV for its deliberate act or serious error or that of its employees.
Regulations Keep Moving
Article 1 - Organization
Energy NV (the organizer, with headquarters at Schoebroekstraat 8, 3583 Paal) organizes virtual challenges within the framework of the Keep Moving platform.
These regulations contain the general terms and conditions and the rules that are applied to the virtual challenges. In addition, special conditions may apply to each virtual challenge, which are laid down for each virtual challenge.
Participation in this virtual challenge implies the unconditional acceptance of the competition rules, as well as any possible decision that Energy NV should take.
Article 2 - Admission requirements
Participation in virtual challenges is allowed for Keep Moving platform users and is only possible via a personal Keep Moving platform profile (account). The user freely chooses which virtual challenge he / she wishes to participate in.
The user does not owe any compensation to Energy NV for participating in virtual challenges.
Minors may only participate in challenges if they are at least 16 years old. If a minor participates in challenges, Energy NV assumes that he / she has reached the minimum age. If it turns out that the minor has not reached this minimum age, he / she can be denied further access to the Platform and participation in challenges at any time.
Article 3 - Course of challenges
A start and end date is set for each virtual challenge. A virtual challenge runs until the end (23:59 CET) of the last day of the competition.
You can participate in the competition via www.keepmoving.be. Participation is strictly personal.
A challenge proceeds as follows:
- Users register for a challenge of their choice with their personal details (first name, name, place of residence, email address, gender, etc.).
- Users take the challenge and register their activity using the app they have chosen. Users decide when they will complete the challenge within the anticipated time frame.
- An activity is only valid if the challenge is fully completed.
- After successful completion of the challenge, and until 24 after, the user has time to upload the data of the completed challenge to the Platform.
Each user (natural person) may participate in a virtual challenge at most once. Under no circumstances may the user play under different pseudonyms or on behalf of other participants. In the event of multiple participation, including through the use of different identities or any other means of registering several times, all registrations will be refused and will be considered invalid.
In case a virtual challenge concerns a knowledge question, the user is asked to provide the correct answer. In the event that multiple users submit a correct answer, the winner will be determined by asking a tiebreaker or by drawing lots.
In the event that the virtual challenge concerns a creative input from the user (such as a photo, text or video), the winner will be determined by a jury appointed by Energy NV in function of assessment criteria proposed by Energy NV. By participating in a virtual challenge with creative input, the user grants Energy NV free permission to publish this creative input without any time and space restrictions on Energy NV's website (s) and other online channels under editorial responsibility of Energy NV as well as to be incorporated in audiovisual productions and to reproduce these productions in any way on any medium and to distribute them or have them distributed.
Article 4 - Determination of the winners and prize
After a challenge has been successfully completed, the user will receive a virtual prize, especially a virtual medal. Prizes can be set for certain virtual challenges. These are communicated per virtual challenge.
The winning users will be contacted by mail after the virtual challenge. The winners will be the users who have respected the conditions of participation and, if applicable, answer the knowledge question correctly (and, if applicable, approach the selection question closest), or have made the most creative contribution.
Energy NV can replace all or part of the content of the prizes with an equivalent prize, if this prize is not available for any reason, without any right to compensation or compensation on the part of the winner. A prize cannot be converted into money (neither partially nor completely). A prize is issued by name and is not transferable.
Energy NV cannot be held responsible or liable for any defect in the price or if the price does not meet the expectations created, and cannot be held liable for any damage or loss that would result from participation in this competition or from the awarding or sending the prize.
Article 5 - Personal data
Users acknowledge that their personal data, as defined in the Law of July 30, 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data, processes will be in the context of the virtual challenges.
The personal data is only collected with a view to the management and smooth running of the virtual challenges and afterwards contacting the winner regarding the award of the prize, and will not be kept longer than necessary.
In addition, an “opt-in” option is provided to be kept informed by Energy NV of its activities by e-mail.
By participating, users agree that if they win a prize, they may appear with photo and name on the website and other online channels under the editorial responsibility of Energy NV as well as other online channels of any co-organizers as well as in written media. They also agree that Energy NV can film them for a report about the competition.
Article 6 - Healthy & safe sports
Participation requires good health. The user declares to comply with this condition. Energy NV recommends a preventive sports medical examination to a recognized sports doctor before participating.
Article 7 - General provisions
Energy NV exercises control over the correct course of the virtual challenges and has the final authority on all disputes. In order to guarantee this correct course, Energy NV can take decisions that, due to circumstances, temporarily or otherwise, may include the abolition or change of any phase of the virtual challenges. As a result of their participation in the virtual challenges, the users undertake to submit to the current regulations and to the decisions of Energy NV.
Energy NV reserves the right to shorten, postpone, change, transfer, expand or cancel the virtual challenges, or any part thereof, for any reason, if special circumstances or the correct course of the competitions require it. Energy NV cannot be held liable for this.
During the virtual challenges, any additions or, in case of force majeure, changes can be published after notification by Energy NV. They will be considered as appendices to these regulations.
Energy NV is not responsible for any technical problems during the course of the virtual challenges (eg if the Platform goes offline), but will make every effort to neutralize incidents. However, Energy NV cannot be held liable for unsuccessful attempts to participate in the virtual challenges or any other disadvantage that may arise from technical incidents.
Printing, spelling, typesetting or other errors as well as technical problems (including e-mail communication) cannot be invoked as grounds for compensation or any obligation on the part of Energy NV.
Participation in the virtual challenges is the full responsibility of the users. Energy NV cannot be held liable for any damage or loss that would result from participating in the virtual challenges or from awarding or sending the prize.
No correspondence will be conducted regarding the rules, the questions, the mechanism of the virtual challenges or the modalities of selection, either by telephone or in writing.
Article 8 - Complaints
Any complaint about a virtual challenge must be sent in writing to the following address within 7 working days after the conclusion of the virtual challenge in question: email@example.com.
Any complaint sent outside this period will not be considered.
An attempt will be made in all reasonableness no later than 2 weeks after receipt of the complaint. If this proves impossible due to size or complexity, this will be reported to the complainant together with further planning.
Article 9 - Applicable law and competent courts
These regulations are subject to Belgian law and are interpreted or implemented in accordance with Belgian law. The courts of Ghent have sole jurisdiction to settle any disputes that may arise from this virtual challenge, or from the interpretation or application of these regulations.
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