General terms and conditions of use and sale

By registering on the Up2you platform and booking a session you acknowledge having read and accepted these General Terms and Conditions of Use and Sale.

Legal notice

The platform www.up2you.lu is published by :

Tanngrisnir, registered with the Luxembourg Trade and Companies Register under number B229563, having its registered office at 1A Heienhaff L-1736 Senningerberg.

Intra-Community VAT number LU31003346

Article 1. General provisions

These General Terms and Conditions of Use and Sale govern the use and access of any user to the Up2you Internet platform accessible at the URL www.up2you.lu (hereinafter the "Platform"), as well as to all services that are provided directly or indirectly by the Platform, including in particular the purchase of one or more Services (defined below).

Use of and access to the Platform is reserved for adults who have the legal capacity to subscribe in their own name on a personal basis, in the name of and on behalf of a member of their family or a third party, or to act in the name of and on behalf of a company, association, enterprise or any other structure of any kind whatsoever. Any natural or legal person who accesses the Platform for visits and/or uses one of its functionalities (the "User" or "Users") is considered a user of the Platform.

These General Terms and Conditions of Use and Sale come into force on the date they are posted online and apply from the first use of the Platform by the User and to each use of the Platform by the User. The User therefore fully, expressly and unreservedly accepts the General Conditions of Use and Sale.

Up2you reserves the right to modify the General Conditions of Use and Sale at any time. In case of modification, the new version of the General Conditions of Use and Sale shall replace the previous version, it shall be distributed and automatically applicable to Users from the date of publication, therefore the User is invited to regularly consult these General Conditions of Use and Sale and as far as possible before each use of the Platform.

In the event of non-compliance by the User with these General Conditions of Use and Sale, Up2you reserves the right to suspend access to the services of the Platform without notice.

Article 2. Services offered by Up2you

Up2you allows Users to have access to sport and wellness services at home, at their workplace, or outdoors, referenced on the Platform, and as such are referred to as the "Services" or the "Service"; the Services are offered by Coaches (hereinafter defined) who are specialists in the field of sport and wellness.

For the purposes of these General Terms and Conditions of Use and Sale, the term "coach" refers to a person who accompanies, guides, follows or supports the participant, whether physically or psychologically (the "Coach" or "Coaches").

The sports coach intervenes in a very broad field, his role is not only to train one or several individuals with the objective of improving their physical performance. To achieve good sports coaching, the coach must take an interest in each person as a whole. Determining the strengths and weaknesses of each individual will enable him to develop a truly tailor-made programme. The coach will thus enable the athlete, through personalised coaching, to improve his physical and mental capacities, through the management of his emotions and the maintenance of his motivation. At Up2you, all our coaches are qualified and professional, and receive individual or group training to maintain their know-how and skills.

Within the framework of the Services, Up2you acts simply as an intermediary between the User and the Coach. The Coach shall provide the services directly to the User without any intervention by Up2you in their execution, the Coach being solely responsible for the proper execution of the Services ordered by the User.

Any dispute with a Coach shall be handled directly by Up2you with the User. The User undertakes to turn to Up2you, which shall intervene with the Coach. Where applicable, without any obligation, commitment or guarantee being deducted, Up2you shall do its utmost to enable an amicable settlement of the dispute between a User and a Coach.

In the event that the User provides false, inaccurate, outdated or incomplete data, Up2you shall be entitled to suspend or close its account and to refuse the User access to all or part of the Services offered on the Platform in the future.

Article 3. Registration to the Services

3 .1.  Creation of a personal account

Before being able to book a sports or wellness session, the User must first register by creating a personal account on the Platform. Only registered Users can book a session.

To create a personal account, the User must go to the "Register" page or to the page for booking a session. If they have not previously registered or logged in to their personal account. In order to create an account, the User fills in the required form on the corresponding page, provides the necessary personal information, his email address and mobile phone number for booking a Service, and chooses an identifier which will be the email address and a password ("Identifiers") allowing him to access his personal account. The Identifiers are personal and confidential and can only be changed at the User's request.

When creating a personal account, the User guarantees that he/she:

  • To be over 18 years old;
  • Not to use an identifier that infringes the rights of third parties, public order or morality;
  • To have full legal capacity to enter into a contract; and
  • Provide accurate, complete and up-to-date information.

The User undertakes to keep his Identifiers secret and not to disclose them in any form whatsoever. The User is entirely responsible for safeguarding the confidentiality of the password chosen by him/her. In this respect, the User is responsible for ensuring that at the end of each session he/she effectively disconnects from the Platform's services, in particular when accessing it from a public computer.

The User is solely responsible for the use made of his Identifiers. Any access to or use of the Services or the Platform made from a User's account shall be deemed to have been made by the User.

In the event of the loss or theft of one of the User's Identifiers, the User is responsible for any harmful consequences related to this loss or theft, and must use, as soon as possible, the procedure allowing him/her to modify them, which can be consulted on the page accessible at the address http://www.up2you.lu

In the event that the User provides false, inaccurate, outdated or incomplete data, Up2you shall be entitled to suspend or close its account and to refuse the User access to all or part of the Services offered on the Platform in the future.

3 .2. Associated personalized services

The User has the option of creating a personal account on the Platform which allows him/her to purchase or book Services without having to re-enter his/her contact details and to follow the history of his/her purchases and reviews. In order to access the associated personalized services, the personal account must be created at the latest before the first purchase or entry of a service code on the Platform.

Article 4 . Booking a Service

4 .1. Reservation of a sport and/or wellness session

The Platform allows the User to search for and purchase Services from Coaches, with appointments being made through the Platform.

The booking of Services is made from the Platform from the User's personal account and for the services referenced on these supports. The User communicates the address where the Service will be performed as well as the desired time slot at least 8 hours before the start of the session. For this purpose, the User is informed and accepts that his personal data (name, first name, e-mail, telephone number, title, postal address) be communicated to the Coach(es) concerned. The User must then enter his credit card, PayPal account, or promotional code in order to proceed with the payment of the services.

The Service reservation is transmitted to the Coach(s) via Up2you, who in turn communicate a confirmation by e-mail to the User. Up2you does not guarantee in any way the availability of Coaches, as Coaches may already be booked for a session. Up2you shall do its utmost to put the User in contact with a Coach in order to obtain the services, depending on the availability of Coaches who can carry out the session in the time slot (minimum 8 hours before the confirmed session) and the location indicated by the User at the time of his/her reservation.

If a Coach accepts a session, the User, who accepts it, will receive an email, confirming the acceptance of his reservation of Service. Once the reservation is confirmed with the User, it is considered as acceptance of the realization of the purchased service. An SMS will also be sent 4 hours before the start of the session to remind the User.

4 .2. Delay, postponement and cancellation of appointments

In case of delay to the appointment made with the Coach, the payment of the session will be due by the User, the Coach will be able to extend the session according to his schedule in order to make up for the delay. In case of cancellation or postponement of the session by the User, the User shall contact Up2you at least 24 hours in advance. Beyond that time, the payment of the service shall be due in its entirety. In general, the User accepts and acknowledges that the effectiveness of the appointment is not guaranteed by Up2you. Availability shall be checked at the time of booking the session. However, as Up2you cannot materially verify the accuracy of the information collected in real time from the Coaches, its liability shall in no way be engaged if the User does not actually manage to benefit from the appointment in question, at the scheduled time and date.

4 .4. Right of retraction

It is brought to the attention of the User that no right of withdrawal will be exercised, following the payment of the session reservation and the receipt of the order confirmation message starting the execution of the order, which the User acknowledges and expressly accepts.

4 .5. Payment

The rates for the sessions are indicated on the Platform in euros, all inclusive, including VAT. They may be modified or updated from time to time depending on the rates offered by Up2you. Session rates are also likely to vary at any time, taking into account various parameters such as the availability of service providers, the number of requests for sessions, etc.

Up2you shall send the User confirmation and a summary of his/her reservation. Up2you shall be responsible for invoicing the User for the session(s) provided and carried out by the Coach, and for collecting the corresponding amounts. The User agrees to pay Up2you for all Services purchased on the Platform.

In order to ensure the security of transactions and to prevent fraud, Up2you may carry out checks on orders. In the context of a control, Up2you may invite Users by e-mail to provide proof of identity and payment.

In the absence of proof or if the documents sent do not allow the identity of the User to be verified, Up2you shall be obliged to cancel the Service order.

Up2you uses a third-party payment system for the payment of Services by the User via the Platform. The processing of payments by the User via the Platform shall be governed by the conditions of this third-party payment system and by the conditions of the issuer of the User's credit card, in addition to these General Conditions of Use and Sale. Up2you declines any liability resulting from the third party payment system or the User's credit card.

Article 5 . Access to the Platform and Services

The Platform is accessible 24 hours a day, 7 days a week for all Users. Up2you's Coach(es) shall travel within a maximum radius of 45km from Up2you's headquarters located at 1A Heienhaff L-1736 Senningerberg.

Up2you reserves the right, without prior notice or compensation, to temporarily or permanently close the Platform or access to one or more Services in order to carry out an update, modifications or change in operational methods, servers and accessibility hours, without this list being limitative.

Up2you reserves the right to make any changes and improvements to the Platform and Services that it deems necessary or useful in the context of the proper functioning of the Platform and its Services.

Article 6 . Evaluation of the session

The Platform allows the User, if and only if he/she buys a Service from the Coach via the Platform, to comment and rate the Services he/she has benefited from via the Platform and this only after he/she has actually taken advantage of the Service.

The User is invited, within a period of 7 days from the completion of the Service, to rate the Coach on the service rendered, directly on the Platform, and thus share his experience with other Users.

The User also has the possibility to comment on the services provided by the Coach, this comment being published on his/her profile, Up2you reserving however the possibility to moderate the content thus put online if the latter is obviously truncated, malicious or contrary to its editorial policy.

Article 7 . Promotions and special offers

Promotions or special offers may be offered by Up2you on an ad hoc basis through the Platform.

During the Service purchase procedure, Users may in particular use promotional codes published by Up2you to apply a discount on the total price of the Service order.

The conditions of validity of these promotions and special offers are specified on the Platform. In this respect, the User must check the conditions of validity of the promotion before ordering a Service, as no exchange or refund may be made if these conditions have not been respected by the User.

Article 8 . Limitation of liability

The Services, being provided on the Internet network, are subject to the hazards and malfunctions of this network. Up2you offers no guarantee of continuity of the Services, being bound in this respect only by an obligation of means. Up2you shall not be held liable for any damage resulting from technical problems independent of the Services or the Platform, such as connection and/or communication problems due to the User's Internet service provider (slowness, interruption of the connection, loss of data or content).

All the information contained on the Platform may be modified at any time, given the interactivity of the Platform, without Up2you being liable for such modifications.

Up2you shall not be held responsible for the non-performance of its obligations due to a case of force majeure as defined by Luxembourg law or for causes beyond its control.

Article 9 . Important information

It is the User's responsibility to make all verifications that seem necessary or appropriate before proceeding with any order for a Service from the Coaches present on the Platform.

Up2you does not guarantee in any way whatsoever the Services of the Coaches present on the Platform.

Up2you makes its best efforts, but without any guarantee, to ensure that the information presented is detailed, complete, verified or accurate. Thus, the documents, information, descriptive sheets, and, in general, all content present on the Platform are provided "as is", without any express or tacit guarantee of any kind.

The User expressly acknowledges that the photos on the Platform are not contractual.

Users are reminded that medical, sports or therapeutic massages may only be performed by doctors or physiotherapists. The term "massage" on the Platform refers generically and globally to any manoeuvre, treatment or modelling that is purely relaxing and/or aesthetic, excluding any medical, therapeutic or sporting character or virtue.

Article 10 . Intellectual property

The "Up2you" brand and logo, and the graphic charter of the Platform www.up2you.lu are the exclusive property of the company Tanngrisnir, which holds all applicable intellectual and industrial property rights. All technical processes and in particular the software implemented for the operation of the Services and the Platform are the sole property of Tanngrisnir and the User undertakes to fully respect all the rights of the latter.

In this respect, the User acknowledges that he/she is not the holder of any right other than that of using the technical means made available to him/her to use the Services and the Platform. Consequently, he/she is prohibited from using the elements available on the Platform in any other way.

All elements covered by intellectual property rights (such as trademarks, logos, illustrations, photographs, content, etc.), which do not belong to Tanngrisnir but nevertheless appear on the Platform, are the property of their respective owners and are subject to a licence of use to Tanngrisnir. They are also protected by Luxembourg law.

Article 11. Personal data

Up2you undertakes to comply with the legislation on the protection of personal data.

In accordance with the legislation in force concerning the protection of personal data, the processing implemented through the Platform has been declared to the CNPD (National Commission for Data Protection).

During their visit to the Platform, Users may enter personal information about themselves (name, address, telephone number, etc.), in particular by creating a personal account.

This personal data, provided voluntarily on the Platform, is exclusively intended for the processing of the order and shall be subject to automated processing to which only the authorised personnel of Up2you and the Coaches concerned shall be addressees, in order to allow access to and use of the Platform, as well as the provision and management of the services and benefits requested by the User, including for the purpose of allowing the User to benefit from personalised information and services, with his/her prior consent.

Up2you, undertakes to prevent and fight against fraud (hacking, anti-money laundering, etc. ...), improve navigation on the Platform. Conduct optional satisfaction surveys on the use of the Platform and carry out statistics on the use of the tool and constitute internal reports for the Up2you management teams.

Moreover, the User's bank information is never in the possession of Up2you.

In accordance with the legislation in force concerning the protection of personal data, the User has the right to access, rectify and delete data concerning him/her, which he/she may exercise by sending his/her request (indicating his/her e-mail address, surname, first name and postal address) by e-mail to the following address info@Up2you.lu, or by post to the following address Tanngrisnir S.à.r.l, 1A Heienhaff L-1736 Senningerberg.

Article 12. Cookies

The User is informed that "cookies" are implanted in his/her computer when connecting to the Platform.

The purpose of the cookies used by Up2you is:

  • the establishment of statistics and volumes of attendance and use of the Platform in order to improve the interest and ergonomics of the services offered by Up2you;
  • to allow and facilitate navigation on the Platform;
  • to retain information relating to a form previously completed on the Platform;
  • to enable the User to access and return to his/her personal account during the various browsing sessions

The settings of your browser software allow you to be informed of the presence of cookies and possibly to refuse them.

This information is kept for 13 months from the User's first visit. It is possible to oppose the recording of cookies by configuring the navigation software in accordance with their documentation.

Article 13.  Hypertext links

Up2you is in no way responsible for hyperlinks to third-party websites to which the Platform refers on an informative, optional and non-binding basis, particularly with regard to access, collection or processing of their content, personal data and terms of use (whether free of charge or subject to payment).

When using the Platform, links to websites owned and controlled by third parties may be provided from time to time, in order to allow the User to contact these third parties, to purchase their goods or services, to participate in their promotions. These links take the User out of the Platform, and are not controlled by Up2you, which is in no way responsible for these hypertext links.

Up2you is also not responsible for hyperlinks appearing on third-party sites and leading to the Platform.

Article 14.  Duration - Termination

The User is authorised to access the Platform and to use the Services for an indefinite period. The closure of the User's personal account at his or her own initiative is tantamount to termination of these General Terms and Conditions of Use and Sale, which will nevertheless remain applicable until the full term of the contractual relations entered into, in particular when orders for Services or appointments have been placed prior to the closure of the personal account.

In the event of a breach by the User of any of the provisions of these General Conditions of Use and Sale, Up2you may, depending on the circumstances, modify, suspend, limit or remove the User's access to the Services and the Platform, without the User being able to claim any compensation.

Article 15. Customer services

For any question or information concerning the Platform and the Services, the User may contact the Company via the "contact" section on the Platform or by sending an e-mail to the following address: info@up2you.lu

The User may also find answers to their questions via the online chat solution offered directly on the Platform via your account or by telephone on +352 2 634 0094.

Article 16. Applicable law and competent jurisdiction

The General Conditions of Use and Sale are subject exclusively to Luxembourg law.

Any dispute relating to the validity, interpretation, compliance, breach or any litigation of these General Terms of Use and Sale shall fall under the exclusive jurisdiction of the district courts of and in Luxembourg City.

Article 17. Translation - Partial nullity - No waiver

In the event that these General Terms and Conditions of Use and Sale are drafted in several languages or translated, only the French version shall be binding.

In the event that a provision of these General Terms and Conditions of Use and Sale is null, illegal, unenforceable or inapplicable in any way whatsoever, the other provisions of these General Terms and Conditions of Use and Sale shall not be affected or altered in any way.