These Terms of Use (hereinafter the "Terms") govern access to and use of the Gunbix service, comprising the gunbix.com website, the mobile application and the web application (hereinafter the "Service").
The Service is published and operated by:
TAKION SRL, a private limited liability company incorporated under Belgian law, with its registered office at Rue Mansart 39/A, 7534 Tournai (Belgium), registered with the Crossroads Bank for Enterprises under number 1014.464.305, represented by its managing director Giannino Cuignet (hereinafter "Takion" or the "Operator").
General contact: contact@takion.be Data protection contact: privacy@takion.be
These Terms set out the conditions of access to and use of the Service. They form a contract between the User and Takion.
Acceptance of the Terms is express upon creation of the account, by means of a dedicated tick box. Such acceptance is a condition of access to the Service.
The User declares that they have read these Terms and the Privacy Policy available at https://gunbix.com/en/privacy before accepting.
The Service is reserved for natural persons aged sixteen (16) years or over having the legal capacity to contract within the meaning of Belgian law.
The date of birth is requested at registration, in the format YYYY-MM-DD. It is mandatory and is a condition of the account being opened.
Persons under the age of sixteen (16) are not permitted to create an account. Where the declared date of birth corresponds to a person under the age of sixteen (16), the account is not created; if it already exists, it is suspended and then deleted under the conditions of Article 14.2 and of the Privacy Policy. A User whose date of birth has been recorded in error may contest it and request its rectification at privacy@takion.be; the suspension is lifted if the rectification is established.
For Users aged between sixteen (16) and eighteen (18), acceptance of these Terms is given by the legal representative or together with them. Use of the Service in connection with the practice of sport shooting takes place within the legal framework applicable to minors in Belgium and under the responsibility of their legal representatives.
The fourteen (14) or fifteen (15) year old candidate in an Olympic discipline. The disciplines reference framework sets, for certain Olympic disciplines, a minimum age of fourteen (14). That age is the age for practice and for the licence, not the age of access to the Service. A candidate aged fourteen (14) or fifteen (15) does not have a personal Gunbix account: their licence file is opened and held by the Club, by means of the Service's member invitation mechanism, under the responsibility of their legal representatives. This is therefore not a derogation from the sixteen (16) year threshold, but a case in which the data subject is not a user of the Service.
Any practice of sport shooting through the features of the Service presupposes that the User holds the authorisations and licences required by the Act of 8 June 2006 regulating economic and individual activities involving weapons and its implementing decrees, or by equivalent legislation of the User's country of residence.
The User creates their account by providing accurate, up-to-date and complete information, including at a minimum a valid email address, their date of birth, and the profile elements required by the registration process.
The Service creates and holds no password. Authentication is carried out by means of a single-use code sent to the User's email address, valid for ten minutes and limited to five attempts. Once that code has been verified, the Service issues a session token which the application presents on each request; the session lasts thirty days at most, its expiry is absolute and is not extended by use, and it may be revoked at any time from any of the User's devices with effect for all of them.
The User is solely responsible for the information provided. Any false declaration, in particular as to date of birth, may result in the immediate suspension or closure of the account.
The User undertakes to retain control of the means of authentication by which they access the Service, namely their email address and their session on their devices, and not to share it with anyone. Any action carried out from the account is presumed to have been carried out by the account holder. Any unauthorised access must be reported without delay to privacy@takion.be.
Each User may hold only one personal account. The creation of several accounts by the same person is prohibited.
The User may choose a unique pseudonym serving as a public identity. That pseudonym must comply with public decency and must not infringe the rights of any third party (in particular personality rights, trade marks or company names).
Gunbix is a management platform for the practice of sport shooting. It allows in particular:
The scope of the features may change over time. The Operator reserves the right to add, modify or withdraw features, subject to the contractual undertakings entered into by paying Users.
Firearms inventory and minors' accounts. An account whose declared date of birth corresponds to a person under the age of eighteen (18) cannot declare a personal firearm within the Service. The Act of 8 June 2006 renders inadmissible an application for a possession authorisation made by a minor (Article 5, § 4, 5°), and a minor holding a sport shooter's licence may use a firearm at the range without ever possessing it (Article 12/1). The remainder of the Service remains open to them: sessions, attendance, shooting log and licence file.
The Service is made available on a best-efforts basis. The Operator gives no contractual undertaking as to quantified availability for Users of the free and Trial offers.
For Paid Offers, the Operator likewise gives no availability undertaking expressed as a percentage. There is at present no published availability measurement, no Service status page, and no contractual compensation in the event of unavailability. The Operator's undertaking is an obligation of means: to restore the Service as promptly as possible and to inform Users of significant incidents.
Scheduled interruptions are announced in advance so far as possible, by notification within the application or by email. No period of notice is guaranteed.
The User undertakes to:
Any breach of these obligations may result in immediate suspension of the account and, depending on the seriousness, its definitive termination, without prejudice to any legal proceedings.
The User retains the intellectual property in the User Content they upload.
The User grants Takion, for the duration of the contract and for the statutory post-contractual retention period, a non-exclusive, royalty-free and limited licence to use, host, reproduce and display that Content solely for the purposes of performing the Service. That licence ceases, as regards uses not strictly necessary for statutory archiving and legal defence, upon deletion of the account or of the Content.
The User warrants that they hold the necessary rights in the Content uploaded and shall indemnify Takion against any third-party claim in that respect.
On first subscribing to a Paid Offer, the User benefits from a free Trial period of seven (7) days during which no amount is charged. That period is non-renewable and non-transferable.
At the end of the Trial period, the subscription is automatically converted into a Paid Offer at the rate in force, unless cancelled beforehand by the User.
The rates in force are indicated on the gunbix.com website and in the registration process, in euros, inclusive of all taxes. Billing is monthly or annual at the User's choice.
Payment is handled by our payment provider Stripe Payments Europe Limited (hereinafter "Stripe"). The User provides their payment information directly to Stripe under Stripe's own terms and conditions. Takion stores no banking data (card number, security code).
An invoice is made available to the User in their personal space after each charge.
The subscription renews automatically at each due date until terminated. The User may terminate their subscription at any time from their personal space; termination takes effect at the end of the current subscription period, without pro rata refund unless mandatory legal provisions require otherwise.
In accordance with Articles VI.47 et seq. of the Belgian Code of Economic Law, a consumer User has a period of fourteen (14) calendar days from the day of subscription in which to exercise their right of withdrawal, without having to give reasons or to bear any costs other than those provided for by law.
The User exercises that right by sending an unambiguous statement to privacy@takion.be or by means of the model form appended to these Terms. Reimbursement is made within fourteen (14) days of receipt of the withdrawal statement, using the same means of payment as that used for the initial transaction, unless expressly agreed otherwise.
By way of derogation, where the User has expressly requested immediate performance of the Service during the withdrawal period, they shall pay an amount proportionate to the use actually made of the Service up to the date on which the right of withdrawal is exercised.
In the event of failure to pay on the due date, the Operator reserves the right to suspend access to the Paid Offer after a formal notice has remained without effect for eight (8) days. Sums remaining due shall bear interest at the statutory interest rate applicable to commercial transactions, in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions.
The Service and all its components (source code, design, trade marks, editorial content, databases) are the exclusive property of Takion or of its licensors, and are protected by Belgian and international intellectual property law.
Nothing in these Terms may be construed as conferring on the User any assignment of rights or any licence other than that strictly necessary for use of the Service in accordance with its purpose.
The processing of personal data is governed by the Privacy Policy available at https://gunbix.com/en/privacy. The User declares that they have read it.
For any request relating to their rights (access, rectification, erasure, objection, portability, restriction), the User may write to privacy@takion.be.
The Service allows a Club to track the documents it requires of its members: membership fee, medical certificate, extract from the criminal record or certificate of good conduct, federation licence, sport shooting licence.
For that processing, and for that alone, the roles are as follows:
It follows that:
A Member wishing to exercise their rights over those documents should address themselves first to their Club. Takion redirects to the Club any request of that nature that reaches it, and informs the Club accordingly.
Two categories of document receive particular treatment, which neither the Club nor the User can alter:
These rules are built into the operation of the Service. They are not configurable and cannot be the subject of any contractual derogation.
Takion undertakes to provide the Service with due care and in accordance with professional standards. The Service is provided as is, subject to the mandatory legal provisions applicable to consumers.
Takion cannot be held liable for:
Educational and regulatory content. The multiple-choice tests and training guides referred to in Article 6 constitute educational material intended for personal practice. They are neither an official document, nor legal advice, nor certified preparation for an examination. They emanate from no public authority, no sports federation and no examining body, and bind none of them.
Firearms regulation in Belgium falls within several levels of government (federal legislation, community decrees, provincial practice) and changes over time. The indications given are subject to the texts in force and to their application by the competent authority. It is for the User to verify any information with their sports federation and with the firearms department of the governor of their province, whose decisions alone are authoritative.
Takion cannot be held liable for the inaccuracy, incompleteness or obsolescence of that content, nor for the consequences of a decision taken on the basis of it, in particular a refusal, withdrawal or lapse of a possession authorisation, failure in an examination, or a breach of the applicable regulations.
Save for mandatory provisions to the contrary, Takion's liability is in all cases capped at the total amount of the sums actually paid by the User in respect of the twelve (12) months preceding the event giving rise to liability.
No limitation applies in the event of wilful misconduct, gross negligence, or harm to the life or physical integrity of persons.
The User is responsible for the use they make of the Service and for the Content they place on it. They shall indemnify Takion against any claim, action or judgment resulting from it, and undertake to intervene voluntarily in proceedings and to indemnify Takion in the event of a third-party claim.
The User may delete their account at any time from their personal space. Deletion results in the erasure or anonymisation of personal data under the conditions set out in the Privacy Policy.
Takion may suspend access to the Service or terminate the User's account, without notice or compensation, in the event of:
Save where cessation is imposed by law, Takion shall notify the User of the termination by email to the address associated with their account and shall allow them, so far as possible, a reasonable period in which to export their data.
Takion may amend these Terms in order to adapt them to changes in the Service, in legislation or in industry practice.
Substantial amendments are brought to Users' attention at least thirty (30) days before they enter into force, by notification within the application and by email to the address associated with the account. A User who continues to use the Service after the new Terms enter into force is deemed to have accepted them. Failing that, the User has the right to terminate their account free of charge.
Minor amendments and drafting corrections are notified without any particular period of notice.
Neither party may be held liable for a failure to perform its obligations resulting from force majeure within the meaning of Article 5.226 of the Belgian Civil Code, including in particular natural disasters, acts of terrorism, armed conflict, epidemics, decisions of public authorities, and generalised failures of telecommunications infrastructure.
The User may not assign their rights and obligations under these Terms without the prior written agreement of Takion.
Takion may assign all or part of its rights and obligations to any third party, in particular in the context of a merger, acquisition or restructuring, subject to informing Users and preserving their substantive rights.
If any provision of these Terms is declared void or unenforceable under a legal provision or a final court decision, the remaining provisions shall retain their force and effect.
The fact that Takion does not rely on a breach by the User of any of their obligations shall not be construed as a waiver of the right to rely on that breach at a later date.
Any notice under these Terms is validly given:
No communication of a commercial or promotional nature is sent to an account whose declared date of birth corresponds to a person under the age of eighteen (18), whatever the state of the consent recorded. Only communications necessary for the operation of the Service are sent to them.
These Terms are governed by Belgian law, to the exclusion of any conflict-of-laws rules leading to the application of another law.
Any dispute concerning the interpretation or performance of these Terms falls within the exclusive jurisdiction of the Enterprise Court of Hainaut, Tournai division, subject to the mandatory rules applicable to consumers which allow them to bring proceedings before the court of their place of residence.
Before any contentious proceedings, the parties shall endeavour to settle their differences amicably. A consumer User may also have recourse to mediation before the Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, or through the European online dispute resolution platform available at ec.europa.eu/consumers/odr.
Each language version of these Terms binds the User who accepted it. In the event of a difference of interpretation between versions, the French version serves as the reference, without this giving rise, for the User, to any obligation that does not appear in the version they accepted.
(To be completed and returned to privacy@takion.be only if you wish to withdraw from the contract.)
To TAKION SRL, Rue Mansart 39/A, 7534 Tournai, Belgium, privacy@takion.be:
I hereby give notice of my withdrawal from the contract for the supply of the following services: [description of the Gunbix subscription concerned]
Subscribed on: [date] Name of the consumer: Address of the consumer: Email address: Date: Signature (only if this form is notified on paper):