Terms and conditions of use
General provisions
1.1 These Terms of Use (hereinafter referred to as «ToU») govern access, browsing and use of the website accessible at www.raiffeisen-parc.ch (hereinafter referred to as «the Site»), the mobile application derived from the Apex Timing system (hereinafter referred to as «the Application»), as well as all of the associated services offered by the Strike Park SA, a public limited company having its registered office at Rue Emile-Boéchat 87, 2800 Delémont, Switzerland, registered in the Commercial Register of the Canton of Jura under number CHE-469.018.791 (hereinafter referred to as the «Company» or «Raiffeisen Parc»).
1.2 These Terms of Use constitute a legally binding contract between the Company and any natural or legal person (hereinafter referred to as the «User») who accesses the Website or the Application or uses the services offered therein, whether such access is free of charge or subject to a fee.
1.3 The use of the Site implies the consultation, understanding and unreserved acceptance of these T&Cs. Any access to or use of the Site constitutes acceptance of all the provisions set out below.
1.4 The version of the TOU in force is the one published on the Site at the time of consultation. The Company reserves the right to modify these terms at any time, without prior notice, notably to comply with any legislative, regulatory or technical development.
2. Purpose and scope
2.1 The purpose of these Terms of Use is to define the conditions underised which Users may:
access the Site and its features; ;
consult the information and content published by the Company; ;
make bookings, purchase gift vouchers, or manage their activity credits via the online system; ;
interact with the suggested contact or registration tools.
2.2 These ToU also apply to any use of the mobile application connected to the system Apex Timing, operated under licence by the Company, as well as to any associated interface or service (forms, payment system, customer accounts, booking or gift voucher issuance modules).
2.3 They supplement, where applicable, the General Conditions of Sale (GCS) and the Privacy Policy published on the same domain.
3. Definitions
For the purposes of these T&Cs, the following terms shall have the meanings set out below:
«Company» : Delémont Sports and Leisure Centre Ltd, owner and operator of the Site and the Application.
«User» : anyone accessing the Site or the Application or using a proposed service.
«User account» : personal space created by a User to access certain features (booking, purchasing, order tracking).
«Services» all the features, content, interfaces and products offered via the Site or the Application.
«Apex Timing» third-party software used by the Company for the technical management of bookings, subscriptions and activities.
«Content» : any text, image, video, graphic element, logo, data or structure accessible on the Site.
«Personal data» : any information relating to an identified or identifiable person in accordance with Swiss legislation (FADP).
4. Acceptance and enforceability
4.1 By accessing the Site, the User acknowledges having read and unreservedly accepted these Terms of Use in their entirety.
No registration or use may be made without this acceptance.
4.2 The User declares that they have the legal capacity to enter into a contract under Swiss law. Minors must obtain the prior authorisation of their legal representative to use the Services requiring a purchase or the transmission of data.
4.3 These Terms of Use are binding upon any User for the entire duration of the use of the Site and for as long as data or contractual relations exist between the parties.
4.4 In the event of disagreement with any of the provisions hereof, the User must immediately cease using the Site and its Services.
5. Site access and availability
5.1 Access to the Site is open to anyone with an Internet connection.
The Company endeavours to ensure continuous access but does not guarantee that the Site will be free from errors, outages or interruptions.
5.2 Access to the Site or certain features may be temporarily suspended for maintenance, update, or security reasons without prior notice.
5.3 The Company cannot be held liable for damages resulting from temporary unavailability of the Site, including the loss of data, information or profits.
5.4 Access to the mobile application is subject to the same conditions, it being understood that it relies on the technical platform Apex Timing, the availability of which depends on third-party service providers.
6. User account creation and management
6.1 Some features require the creation of an personal user account (reservation, voucher purchases, credit management, activity tracking).
6.2 When registering, the User must provide accurate, up-to-date and complete information, such as surname, first name, email address, and where applicable, telephone number or postal address.
6.3 The User undertakes to keep this information up to date. The Company reserves the right to suspend or delete any account containing inaccurate or fraudulent data.
6.4 The username and password are strictly personal and confidential. Any use of the account shall be deemed to have been made by the User concerned.
6.5 In the event of suspected unauthorised access, the User must immediately notify the Company at the address contact@raiffeisen-parc.ch.
6.6 Account deletion by the User shall result in the deletion of their personal data within the limits provided for by Swiss law and the Privacy Policy.
7. User obligations
The User undertakes to:
7.1 To use the Site and the Application in a fair manner, in accordance with Swiss law and these T&Cs.
7.2 Not to use the Site for fraudulent, illegal, defamatory, or offensive purposes, or in any way that infringes the rights of others.
7.3 Not to attempt to access unauthorised areas of the server, nor to tamper with the operation of the Site or the Application.
7.4 Do not extract, duplicate or exploit the content of the Site for commercial purposes without written authorisation.
7.5 Comply with the rules of digital etiquette and refrain from any misuse that could compromise the security or integrity of the Website.
8. Obligations of Centre de sports et loisirs Delémont SA
8.1 The Company uses all reasonable means to ensure the proper functioning of the Site and data security.
8.2 She undertakes to:
guarantee reliable hosting via Hostinger International Ltd. ;
keep the necessary software systems (Apex Timing, payment modules, etc.) up to date; ;
comply with Swiss data protection legislation (FADP).
8.3 However, the Company cannot be held liable in the event of:
temporary service interruption; ;
of an anomaly related to external service providers (Apex Timing, Stripe, Brevo, etc.); ;
of indirect loss or damage arising from the use of the Site.
9. Content, rights and intellectual property
9.1 All elements comprising the Site, in particular texts, images, graphics, logos, icons, videos, databases, and software, are protected by copyright and Swiss intellectual property laws.
9.2 The «Raiffeisen Parc» brand, the logo, the names and the associated visual identity are the exclusive property of Centre de sports et loisirs Delémont SA.
9.3 The User is prohibited from reproducing, copying, modifying, distributing, or exploiting any element of the Site without the prior written authorisation of the Company.
9.4 Any unauthorised reproduction or use constitutes an infringement subject to civil and criminal proceedings under Swiss law.
10. Personal data
10.1 Data processing is carried out in accordance with Federal Act on Data Protection (FADP).
10.2 The User acknowledges and accepts that their data may be collected during:
from creating an account; ;
from booking or purchasing a gift voucher; ;
from signing up to a newsletter via Brevo ;
from browsing (via cookies, pixels and analytical tools).
10.3 The data are used exclusively for:
the management of accounts and transactions; ;
communications and marketing ;
the improvement of services and statistics.
10.4 The User may at any time exercise their rights of access, rectification or erasure at the address contact@raiffeisen-parc.ch.
10.5 The data is hosted within the European Union and retained for the applicable Swiss legal duration.
Service security and integrity
11.1 The Company implements appropriate technical and organisational measures (encryption, access controls, backups).
11.2 The User acknowledges that, despite the security measures implemented, the Internet does not guarantee absolute protection.
The Company shall not be held liable for any unauthorised access, loss or alteration of data resulting from a breach beyond its control.
11.3 In the event of a data breach likely to affect the rights of Users, the Company shall notify the competent authorities in accordance with the FADP.
12. Responsibilities and warranties
12.1 Use of the Site is at the User's sole responsibility.
The Company guarantees neither the continuity nor the performance of the service.
12.2 Under no circumstances shall the Company be held liable:
regarding the unsuitability of the service to the specific needs of the User; ;
consequential damages, loss of profits, or damage to reputation; ;
interruptions caused by third parties or events beyond its control.
12.3 The User remains solely responsible for the compatibility of their hardware and connection with the Site.
13. Suspension, termination and account deletion
13.1 The Company reserves the right to suspend or delete any user account in the event of:
of breach of these General Terms and Conditions; ;
suspect or fraudulent activity; ;
of behaviour damaging to the reputation of the Site.
13.2 In the event of account deletion, the associated data is erased in accordance with the Privacy Policy.
13.3 The User may request the deletion of their account at any time by contacting the Company at the aforementioned address.
Third-party services and Apex Timing integration
14.1 The Website and the Application rely partially on third-party services, notably:
Apex Timing booking and sports activities management software ;
Stripe secure payment service provider ;
Brevo sending emails and managing marketing campaigns; ;
Hostinger Website hosting.
14.2 The User acknowledges that the use of these services implies the application of the terms and conditions specific to these providers.
14.3 The Company holds a licence to use the Apex Timing software, but remains solely responsible for the processing of data collected via it.
15. Communication and support
15.1 All correspondence between the User and the Company shall be by electronic means at the address contact@raiffeisen-parc.ch.
15.2 Legal notices, complaints or requests for information must be sent in writing to this address.
15.3 The Company endeavours to respond to any request within a reasonable time, without any guarantee of immediacy.
16. Force majeure and interruption
16.1 In the event of a case of force majeure within the meaning of Swiss law (natural disaster, fire, war, general power failure, strike, pandemic, etc.), the Company's obligations shall be suspended for the duration of the event.
16.2 The Company shall not be held liable for any direct or indirect consequence resulting from such events.
17. Modifications and updates to the Terms and Conditions
17.1 The Company reserves the right to modify, at any time and without prior notice, all or part of these General Terms of Use.
17.2 The modifications shall take effect upon their publication on the Site.
The User is invited to consult the most recent version regularly.
17.3 Continued use of the Site following modifications constitutes implied acceptance of the new T&Cs.
18. Governing law and jurisdiction
18.1 These T&Cs are governed exclusively by Swiss law.
18.2 Any dispute relating to their interpretation, execution or validity shall fall within the exclusive jurisdiction of the courts of the Canton of Jura, is headquartered in Porrentruy, except where mandatory legal provisions require otherwise.
19. Entry into force and duration of application
These Terms and Conditions shall come into force as from their publication on the Website and shall remain applicable for the entire duration of the operation of the Website and the Application, subject to subsequent modification.
