ACCEPTANCE OF GENERAL CONDITIONS FOR THE USE OF SERVICES
The following provisions constitute a contract establishing the general conditions of use of the services accessible in particular through the websites http://www.yogadvisor., www.yogadvisor.yoga, www.yogadvisor.ch, www.yogadvisor.de, www.yogadvisor.nl, www.yogadvisor.pt, www.yogadvisor.uk and www.yogadvisor.fr published by YOGADVISOR.
Consequently, you may only access the website and the services offered if you have accepted these general terms and conditions of use below in advance and without reservation.
Link to the T&Cs at the bottom of the home page and checkbox in case of registration:
By ticking the box and clicking on the validate button, the User declares that he/she has read and accepts without reservation the general conditions of use of the services proposed by YOGADVISOR. Consequently, you may only access the online services if you have accepted in advance without reservation the general conditions of use of the service below accessible at the address https://www.yogadvisor.yoga/general-conditions-of-use-of-the-service/
GENERAL USE CONDITIONS YOGADVISOR SERVICES
– Effective 1er August 2017 –
Article 1. Definition
In these General Terms and Conditions of Use (hereinafter referred to as the “General Terms and Conditions”), the following terms, used in capital letters, both in the singular and plural, shall have the following meanings
- Contrat refers to all contractual documents between YOGADVISOR and the User setting the terms and conditions of use of the Website, its Content and associated Services constituted by these General Conditions, the Legal Notices and the Charter for the use of personal data accessible on the Website yogadvisor.yoga.
- Content means information, data, text, software, graphics, photography, animated or still images, videos, downloadable documents, simulators, interfaces or any other elements accessible on the Website that may be put online by a User and accessible by other Users.
- User Account refers to the administration interface reserved for any User already registered as a Member or Professional allowing him/her to access all the functionalities of the Site and all the Services:
Two types of spaces are proposed according to the User’s profile:
- Member Account refers to the personal and secure space reserved for any User already registered as a Member allowing access to all the functionalities of the Site and to all the Services and in particular to the online discussion forum via the secure platform common to all Members.
- Professional Account refers to the personal and secure space for professionals accessible on the Website allowing them to create an account and publish offers for courses, internships and/or workshops in the field concerned.
- Equipment refers to all technical installations (computer, high-speed Internet access, software, etc.) under the responsibility of the User allowing him to connect to the network to access the Website and the Services.
- Identifiers refers to the email address and/or pseudonym, as well as any confidential code or password chosen by the User or assigned by YOGADVISOR and allowing the User to identify himself in order to access the Service(s).
- Registration refers to the online registration procedure that the User must complete on the Website in order to access the Service(s). This Registration leads to the creation of the User’s Identifiers and Account.
- User Data refers to the navigation data of Users accessing the platform, the data that the User must provide during the subscription procedure for the Service and the creation of his User Account in order to allow his identification and access to the Service.
- Site or Internet site refers to the computer system edited and operated by the Company accessible online from an Internet browser at the addresses www.yogadvisor.yoga, www.yogadvisor.be, www.yogadvisor.ch, www.yogadvisor.de, www.yogadvisor.nl, www.yogadvisor.pt, www.yogadvisor.uk and www.yogadvisor.fr or any other addresses that may be substituted, allowing Users to access the Services subject to these General Conditions of Use.
- Services refers to all Services accessible online on the Site reserved for Registered Users with an Account.
- Company means the company YOGADVISOR, publisher and owner of the Site.
- User refers to any natural or legal person having the status of Member or Professional and having fulfilled and accepted the conditions of access set out herein.
The services offered on the Site are aimed at two types of Users according to their profile:
- Member refers to any natural person registered on the YOGADVISOR Site who has the necessary Identifiers to access his Personal Account in order to benefit from all the Services and functionalities offered on the Site.
- Professional refers to any legal entity registered on the YOGADVISOR Site that has the necessary Login Information to access its Personal Account in order to benefit from all the Services and functionalities offered on the Site.
Article 2. Object
These general conditions are intended to define the terms and conditions of use of the Services offered on the Website, in particular accessible at the address www.yogadvisor.yoga or any other address that may be added or substituted.
Access to the Services is reserved for Users who have read these general terms and conditions in their entirety and who have expressly and unreservedly accepted them.
Article 3. Opposability
These general conditions apply to any use of the Services accessible on the Site.
Any person who accesses one of the Services offered by YOGADVISOR undertakes to comply, without reservation, with these General Conditions of Use.
YOGADVISOR is free to modify, at any time, these General Terms and Conditions, in particular to take into account any legal, jurisprudential, editorial and/or technical changes. The version that prevails is the one that is available online at the time of initial registration or renewal of registration at the following address: www.yogadvisor.yoga.
The acceptance of these general terms and conditions by Users will be made at the time of Registration and prior to connecting to User Accounts by means of a checkbox for this purpose.
No special condition may, if it has not previously and expressly been accepted by the Company, prevail over the General Terms and Conditions.
Any condition contrary to the General Terms and Conditions imposed by the User will therefore be rejected in the absence of express acceptance by the Company, regardless of when it may have been brought to its attention.
The fact that the Company does not at any given time invoke any of the provisions of the General Terms and Conditions shall not be construed as a waiver of the right to invoke any of the provisions of the General Terms and Conditions at a later date.
Article 4. Company identity
The Site includes in particular Services accessible on the YOGADVISOR Site published by the YOGADVISOR Company represented by Mrs Magali MARINIERE-DEJEAN, registered in the Toulouse Trade and Companies Register under number 828 828 590 and having its registered office at 8 avenue André Bousquairol in Toulouse (31400).
Article 5. Description of available services
The Company provides Users with an interactive platform, which includes, but is not limited to, profile hosting services, commentary repositories, editorial content, information, games and contests, e-mail, internal messaging, etc.
Article 5.1 Services available to Registered Members
On the Site, each registered Member has access to the following Services:
- A directory listing the course sheets of professionals in the Yoga sector
- Offers of internships or workshops related to Yoga posted by Professionals with a professional account ;
- The possibility of submitting opinions on professional profiles and questions related to Yoga
- A hosting and profile customization service ;
- A forum for discussion about Yoga
- The provision of an internal messaging system to communicate with other Users ;
Article 5.2 Services reserved for Professionals
Each Professional has access to the following Services through their Account:
- Edit and modify course sheets within the directory ;
- Publish offers for internships, workshops and events related to Yoga
- A forum for discussion about Yoga
- The provision of an internal messaging system to communicate with other Users ;
Article 6. Conditions of access and use of the Site and Services
Article 6.1 General conditions
The right of access and use granted to the User is non-exclusive, personal and non-transferable.
The right of access and use of the User Account is limited to the duration of the execution of the Contract subscribed according to the User’s status as provided for in Article 10 of these General Terms and Conditions of Use.
The User declares and acknowledges having received from the Company all necessary information and advice relating to the Site and Services, in particular with regard to their operating conditions, terms and limits.
The User undertakes to use the Site and the Services only in accordance with their destinations. He undertakes not to make any misuse of the Site and the Services made available to him.
The User is solely responsible for the data he transfers and processes through the Site and Services, in accordance with the regulations in force, as well as for the results produced from this data and for their use.
Parents and any person exercising parental authority are reminded that it is their responsibility, on the one hand, to determine which Service(s) their minor child(ren) is/are authorized to use and, on the other hand, to monitor the child’s use of such Service(s).
Minors are allowed to register, on the express condition that they have previously obtained permission from their parents (or the person exercising parental authority) to do so and to provide the information and e-mail addresses to which any communication may be sent.
YOGADVISOR reserves the right to request written justification at any time, and to carry out any checks, as well as to deactivate any User Account whose minor holder does not provide said justification within the time limit set. YOGADVISOR will immediately deactivate any User Account upon receipt by its services of a parental request to close the User Account and related Content.
Article 6.2 Services for Members
Article 6.2.1 Editorial content and other services
Information relating in particular to Yoga is made available to Users, on the Site and on their Account, for information purposes only, for information purposes.
The use of information, in particular relating to the Services offered by the Company, is the responsibility of the User, who remains solely responsible for the commitments he enters into with professionals.
The Company does not guarantee the completeness, accuracy, updating and exhaustiveness of the information and services made available to the User
Consequently, the Company, one of its partners or employees, may not be held liable for any damage of any kind whatsoever in respect of the information and Services offered on the Site or on the Accounts.
The Company may not be held liable for any damage of any kind whatsoever arising from the use of its software and associated Services.
Article 6.2.2 Access and consultation of content accessible on the Site
- Consulting a directory listing Professional courses
The company offers on its website a directory listing certain Professionals in the sector concerned and may allow access to their identification form indicating at least their name or denomination including announcements relating to internships or workshops relating to Yoga.
Depending on the subscription subscribed, the Professional will have the possibility to edit several sheets, especially in the case where the Professional offers several announcements of courses, internships or workshops in different geographical locations.
- The consultation of cards
Users will be able to consult on the Site sheets published by Professionals relating to internships and workshops in the field concerned or course sheets published or not by Professionals.
No information published on the Site shall constitute an incentive to invest or subscribe to an offer from a Professional referenced on the Site.
These information and offers are only indicative, the Company giving no guarantee as to the service offered by these Professionals.
The Company acting as a simple intermediary between Users and Professionals, shall in no way be bound by any contract concluded between a User and a Professional.
- Consulting a directory listing Professional courses
Article 6.2.3 Publication of Content by Users
- Le Profil
YOGADVISOR provides Users with a profile hosting and personalization service. Each User has the possibility to edit under his full responsibility a profile (hereinafter the Profile) allowing him to present himself to other Users.
In the context of the use of the Service, the User is prohibited from disclosing information allowing the nominative and precise identification of other Users, or any other natural person, such as family name, postal and/or electronic address, telephone. Members are also recommended not to disclose on the Service any information allowing its precise identification and to use a pseudonym.
YOGADVISOR does not carry out any prior checking of the information published by Users. In the event that YOGADVISOR becomes aware of any abuse or non-compliant content, YOGADVISOR may, without prior notice, delete or make inaccessible to the public any content published by the User and in particular modify or reject any incorrect, vulgar or non-compliant photo, video or description that does not conform to the spirit of the Service or does not clearly correspond to the characteristics of the User who published it. Consequently, the photos, videos and profile descriptions provided by the User must be decent and relate exclusively to the User.
Protection tools are made available to Users (blocking function, content signalling system, in accordance with the technical specifications specified in the description of each of these functions).
- Posting notices and comments on the site
Registered Users of the Site may post notices on the Site and in particular on the Forum; Users may be allowed to post notices and comments on the sheets published by the Professionals Comments must not contain any information contrary to public policy or applicable law.
Opinions are personal and should only relate to the User’s own experiences in the field concerned and not to that of a third party or another User.
The notice must relate to recent experience within the last 12 months of publication of the notice. The Company encourages the User to focus on the relevant points of his or her Yoga experience, as the Company is not a platform for advice on products and services related to the field of Yoga.
Notices sent by Users are not subject to any a priori control by the Company.
If the Company is alerted that a notice would be inappropriate because it does not comply with these General Terms and Conditions and/or constitutes an infringement of applicable legislation, the Company retains the right to delete or ask the User to modify the disputed notice within 24 hours of the publication request and in particular in the following cases:
- The notice is considered false or fictitious by the Company ;
- The content of the opinion is based solely on ethical, political and/or value-oriented points of view and not on the experience of a product or the use of a service ;
- The notice contains statements that are defamatory or in violation of applicable law and/or the General Terms and Conditions ;
- The disputed opinion has not been modified by the user within the time limit set ;
- The notice contains personal information about a third party, including personal data or impersonates a third party.
- Access to the discussion forum
The Company is not in a position to control User messages published or posted on the Site, including through the Online Discussion Forum, and shall in no event be liable for messages posted by Users. if the Company is alerted that any notice or Content would be inappropriate because it does not comply with these Terms and Conditions and/or is in violation of applicable law, the Company nevertheless reserves the right to delete, at its sole discretion, without notice, and for any reason, any message sent by Users and/or Content posted by a User on the Site.
As these are public discussions, the Company reserves the right to use a moderator.
In particular, the User shall refrain from: using an incorrect pseudonym; or monetizing any service or benefit whatsoever. The User must not impersonate another User, a celebrity, or communicate under a false name, quality or pseudonym that he is not authorized, nor authorized to use, nor lie about his status as a major or minor; to disrupt the normal flow of dialogues, to accelerate the rate at which the screen scrolls so that Users of the Service are unable to follow and type their dialog or to commit any other action having a similar disruptive effect that hinders Users’ ability to communicate in real time.
The Company reserves the right to exclude, temporarily or permanently, any User who, by his behaviour, would harm the smooth running of the “Salon”. In this respect, the Company reserves the right to initiate any legal proceedings deemed necessary if it finds an infringement of this provision.
For security reasons, the Company reserves the right to accept or refuse any attempt to connect to its Forum.
In accordance with article 323-1 of the French Penal Code, which specifies, among other things, that “the fact of accessing or remaining fraudulently in all or part of an automated data processing system is punishable by one year’s imprisonment and a fine of 15,000 euros”, the User is prohibited from returning via another connection or another IP address after having been temporarily or definitively excluded from the Service.
- Internal messaging
An internal messaging system is made available to the User and it is specified that this messaging is restricted to Users of the Service. The User undertakes not to send messages whose Content does not comply with the rules set out above.
Internal messaging only allows private discussions between Users.
As these are private discussions and, given the confidentiality of private correspondence, the Company has no control over the Content or the characteristics of the data received or transmitted by the User in the context of these private discussions.
Consequently, the User assumes full responsibility for the Content he produces and communicates through the internal messaging system and YOGADVISOR may under no circumstances be held responsible for the Content distributed and transmitted through this system.
However, YOGADVISOR may be required to transmit the content of messages sent by the Users at the request of a competent authority in order to comply with the regulations applicable to its capacity as host.
- Le Profil
Article 6.3 The publication of Content by Professionals
The platform is reserved for Professionals registered on the Site who have previously accepted these General Terms and Conditions of Use without reservation.
The Professional shall be solely responsible for the Content he publishes and in particular for the offers posted on the Site.
The Professional undertakes to publish only offers relating to the field of Yoga in accordance with article 6.3.2 below.
The Company is not in a position to control the messages of the Professionals published or broadcast on the Site, in particular through the ads posted by the Professionals, and will under no circumstances be held liable for the messages they publish.
If the Company is alerted that any Content would be inappropriate because it does not comply with these Terms and Conditions and/or is in breach of applicable law, the Company nevertheless reserves the right to remove, at its sole discretion, without notice, any advertisements and/or Content published by a Professional on the Site.
The Company reserves the right to exclude, temporarily or permanently, any Professional who, by his behaviour, would harm the proper functioning of the Site and may lead to the termination of the Contract binding him to YOGADVISOR, if necessary, under the conditions specified in Article 12 of these General Conditions.
In this respect, the Company reserves the right to initiate any legal proceedings deemed necessary if it finds that these provisions have been violated.
Article 6.3.1 Editing the identification sheet
Professionals referenced on the Site with an Account can edit, modify and complete their form(s).
Professionals shall be solely responsible for the accuracy of the information they publish on the site, in particular towards Member Users.
Article 6.3.2 Publication of ads on the Site via sheets
Professionals may only publish advertisements relating to internship or workshop opportunities related to Yoga and related activities.
The possibility of publishing offers of offers relating to training courses or festivals will be the subject of a separate Contract.
Professionals have the possibility to edit several sheets in cases where they offer different courses/offers in different geographical locations.
Professionals may under no circumstances sell or distribute their products and/or services via the Site.
Article 6.3.2 Purchase of advertising space on the Site
Depending on the package subscribed by the Professional, he/she may occupy a reserved space on the Site to insert advertisements.
The Professional undertakes to publish only advertisements related to the field of Yoga.
The Company is not in a position to control the advertisements inserted by the Professionals on the space reserved on the Site and will under no circumstances be held liable for the advertisements they insert.
If the Company is alerted that an advertisement is inappropriate because it does not comply with these General Terms and Conditions and/or is in breach of applicable law, the Company reserves the right to remove, at its sole discretion, without notice, the advertisement inserted by a Professional on the Site.
YOGADVISOR’s liability cannot be sought in particular if the Professional were to move, neutralize, abandon or delete the advertising insertion and in particular in the event of impossibility of assembly (technical difficulties).
The Company cannot guarantee that competing Advertising Professionals will not be present in neighbouring or contiguous locations during the same period.
The Professional undertakes not to engage in any other form of advertising on the Site other than that detailed above.
Article 7. Availability of the Site and Services
The Company endeavours to provide permanent access to the Site and Services 24 hours a day, 7 days a week.
However, access to the Site and Services may be suspended at any time and without notice, in particular due to breakdowns, failures or paralysis of the network, system and/or means of communication, as well as due to maintenance and corrections required for the updating and proper functioning of the Site.
The Company will inform the User, as far as possible, of the existence and duration of the suspension. The Company will endeavour to carry out maintenance operations at times when the Site is least used.
In the event of suspension of the Site and accessibility to the Services for a period of less than 24 consecutive hours, the User acknowledges and accepts that his data may not be recorded during this period, without this being considered as a breach by the Company of its obligations under these General Conditions, nor giving rise to any right to compensation for the benefit of Users.
The User undertakes not to hinder access to the Site and Services and/or the proper functioning of the Site in any way whatsoever, which may damage, intercept or interfere with all or part of the Site. It is recalled that fraudulently accessing or remaining in a computer system, obstructing or distorting the functioning of such a system, fraudulently introducing or modifying data in a computer system constitutes an offence punishable by criminal penalties.
The Company takes reasonable precautions to ensure the physical protection of the Site and the associated Services.
However, the Company may not be held liable for elements beyond its control and for any damage that may be suffered by the User’s technical environment, in particular its Equipment and any other equipment used to access or use the Site and Services.
Article 8. Pre-requisite checks
Only registered Members may access the Member Account and only Professionals may hold a Professional Account allowing access to all or part of the functionalities of the Services and the Site.
Prior to any access, Members and Professionals must ensure that they have the necessary conditions defined below in order to access all the functionalities of the Services offered on the Site.
Article 8.1 Conditions for Members and Professionals
In order to access all the functionalities of the Site’s Services, the Member and/or Professional must have read these General Terms and Conditions and declare that they have been accepted without reservation prior to their registration.
Article 8.2 Technical conditions
In order to access the Accounts, Members and Professionals must have a computer equipped and configured to connect to the Internet and compatible with the functionalities of using the Site and Services, high-speed Internet access, software and a configuration allowing access to the Site and Services.
The Equipment allowing access to and use of the Service is the sole responsibility of the User, as are the electronic communication costs, in particular Internet access costs. It is the User’s responsibility to obtain information on the price of use of such Equipment from the operators and/or suppliers concerned.
Consequently, the User shall bear all the consequences attached to a non-conforming configuration, configuration, configuration or use of his Equipment.
The Company declines all responsibility in the event of non-compliance with the conditions set out in these General Terms and Conditions of Use.
Article 8.3 Geographical conditions
Accessibility to the Site and Services may be limited or even impossible depending on the geographical location from which the User accesses the Site and Services. In any event, access to the Site and the Services is under the sole responsibility of the User with regard to applicable local regulations.
Article 9. Account management and administration
Article 9.1 Access conditions
When using the Site, the User undertakes to provide true, accurate, up-to-date and complete information on his identity and age, in accordance with Article 6-II of Law No. 2004-575 of 21 June 2004 on trust in the digital economy. In particular, he undertakes not to create a false identity likely to mislead the Company or third parties and not to impersonate another person. The User undertakes to immediately update, in the event of a change, the data he provided during his Online Registration.
After validation of the General Terms and Conditions and the creation of his Personal Account, the User receives a first e-mail in his personal e-mail, returning his identifiers (login (email) and password) and must then validate his Registration by clicking or copying into his browser the temporary and personal address that will have been assigned to him. From then on, the User will be able to identify himself and have access to his Personal Account. Following the validation of his registration, the User receives a second email confirming the opening of his Personal Account.
In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, the Company may, immediately without notice or compensation, suspend or terminate the User’s Personal Account and refuse access, temporarily or permanently, to all or part of the Services.
Article 9.2 Authentication and security
Identifiers allow the User to identify himself, through the Account, on the Site from which he will be able to access and use all the features and Services of the Site.
The User will have the possibility to modify the provisional password communicated by the Company if necessary, directly on the Site in his personal space and may only have one Account.
The Identifiers are strictly personal and confidential and must not be communicated or shared with third parties in any way whatsoever. Under no circumstances shall the Company be liable for the loss or theft or, more generally, the misuse of Identifiers.
Users are solely responsible for the use of their Identifiers or actions taken through their Accounts, whether fraudulent or not. Users guarantee the Company against any request in this respect.
If Users have reason to believe that someone other than themselves is using their Identifiers or Account, they must immediately inform the Company. New Identifiers will then be sent to Members and Professionals.
During the performance of the Agreement, the Company may modify or change all or part of the Identifiers for technical or security reasons. The Company will inform the User of this change by e-mail.
Article 10. Contract duration
Article 10.1 Members
The Services offered by the Company to a Member are provided free of charge and for an indefinite period.
Article 10.2 Professionals
By subscribing to the Services, the Professional undertakes for a period of 12 months, renewable for an annual subscription unless the contract is terminated under the conditions stipulated in Article 12 of these General Terms and Conditions.
The terms and conditions relating to the subscription to the services are specified in Article 11 hereof.
Article 11. Financial conditions for Professionals
Article 11.1 Conditions for subscribing to services
Before subscribing to the Paid Service, the Professional must complete the Registration form reserved for this purpose in order to provide the necessary banking and other data to process the subscription to the Services.
In order to access the Service, the Professional must then subscribe to a service offer giving access to all the Services in return for the actual payment of a fixed price.
As soon as the transaction has been definitively approved, YOGADVISOR sends the Professional, by electronic means to the address indicated in the registration form, an acknowledgement of receipt summarizing the characteristics of the subscription to the Service.
Article 18.104.22.168 Subscription Price
The prices of the subscribed Service as well as the various fixed price offers and any temporary discounts are detailed on the Platform and also accessible by all Professionals when subscribing to a service.
Prices are expressed in euros inclusive of all taxes (including VAT) and the price is immediately payable in order to access the Service.
By subscribing to the Services, the Professional commits for a period of 12 months under an annual subscription. Temporary discounts and special offers may be offered during the 12 months following the initial subscription.
All subscription fees for the Service will be invoiced at the time of initial subscription to the Service.
Depending on the type of offer chosen, the Professional may, under certain conditions, benefit in particular from the free services offered by YOGADVISOR for a certain period defined on the platform from the initial subscription.
The subscription to the Service shall be renewable each year at the end of the initial subscription period unless the Agreement is terminated under the conditions stipulated in Article 12 of these General Terms and Conditions.
In the event of non-renewal of the subscription before the end of the current subscription or in the event of termination of the contract, the professional identification sheets will be deleted from the Site and the directory at the end of the subscription or on the date of termination of the Contract.
The subscription to the Service is invoiced to the Professional on the basis of the rate in force on the initial date of subscription subscription.
Prices may be revised or modified by YOGADVISOR on the anniversary date of the subscription, subject to one month’s notice. During the month following this notification, the Customer will have the possibility to terminate the Agreement.
Discounts and temporary special offers offered during the current period are not applicable to the extended period.
The Professional may benefit from a discount according to the options chosen, at the time of initial subscription, as to the invoicing frequency (e. g. flat-rate price for the payment of the first 6 or 12 months).
Article 11.1.2 Payment terms
Payment will be made by credit card via a secure payment system on the Internet, accessible on the Site. Only VISA and MASTERCARD credit cards are accepted.
The User also has the possibility to make the payment online via the secure payment platform Paypal.
To guarantee maximum security and reliability, the Professional’s credit card data is encrypted using SSL protocol and is never transmitted in clear text over the network.
The Professional acknowledges that the communication of his credit card information (credit card number, expiry date and visual cryptogram on the back of the card) constitutes authorization to debit his bank account to YOGADVISOR up to the total amount of the subscription, fees and VAT included and authorizes YOGADVISOR to proceed to the monthly debit on his bank account. Once the banking institutions have given authorization for payment by credit card, the Professional’s bank account will be debited immediately.
An invoice will be sent to the Professional’s email address at the end of each operation.
The Professional acknowledges and accepts that in order to facilitate the renewal of the subscription, YOGADVISOR keeps the imprint of the bank details initially transmitted at the time of the initial subscription in order to enable it to securely renew the subscription at the end of the initial subscription for an additional month at the price in force at the time of renewal of the said Service.
If the Professional believes that he/she has been invoiced in error, he/she should contact YOGADVISOR within 90 days of the invoice in question. No refunds will be granted for fees charged more than 90 days ago.
YOGADVISOR reserves the right to refuse a refund request if there are plausible indications that the Professional is attempting to take unfair advantage of this refund policy (for example, by repeated requests for refunds for the Service), violates these TOU or if YOGADVISOR has reason to suspect that the Professional is using the Services fraudulently or that the Professional Account is being used by a third party fraudulently.
Article 11.1.3 Late payment
Any delay or non-payment will be notified by email to the Professional and access and use of the Service will be immediately suspended. In the absence of regularization within 15 days of the default in payment, access and use of the Services will be definitively suspended, the Professional Account will be deactivated and the contract will be terminated under the conditions of Article 12.
In the event of late payment in relation to the due date, the amount due will bear interest at 1.5 times the legal interest rate in force, as from the date of the notification sent by email to the Professional.
Article 12. Suspension and termination
Article 12.1 Immediate suspension
The Company may restrict, limit or suspend, ipso jure and without formalities, all or part of the Services in the event of any breach by the User of the contractual provisions.
The Company may make the reinstatement of the Services subject to the effective implementation of appropriate measures to ensure any risk of perpetuation or repetition of the breaches giving rise to the suspension.
Article 12.2 Termination without notice
In the event of a serious or renewed breach of contractual provisions, the Company may automatically and without formalities deactivate the Member and/or Professional Accounts within 48 hours of the notification sent by the Company to the Members and/or Professionals and terminate this Agreement.
If necessary, the User concerned may request copies of the data stored on his Account within 15 days of notification to inform him of the deactivation of his Account.
Article 12.3 Termination with notice
In the event of non-payment and non-regularization and after suspension of access to the Services, YOGADIVOR will proceed without formalities to terminate the contract after a formal notice sent by electronic means that has remained without effect for 15 days.
Upon termination, YOGADIVOR will deactivate the User’s access to the Services and delete all User Data, without this giving rise to any compensation.
Article 13. Force majeure
Initially, cases of force majeure will suspend the performance of the Contract.
If the cases of force majeure continue for a period of more than two (2) months, the Agreement shall be automatically terminated.
Expressly, in addition to those usually retained by the case law of French courts and tribunals, force majeure or fortuitous events are considered to be total or partial strikes, internal or external to the company, lockouts, bad weather, epidemics, blockages of telecommunications means, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes.
Article 14. Protection of personal data
In the course of operating its Site, the Company may collect personal data to enable Users to access the Site and use the Services.
Article 14.1 Collection of the User’s personal data by the Company
When Users access the Site and Services and Members and Professionals access the Accounts, the Company and its technical partners may collect various personal data.
Personal data are intended solely for the Company and will not be reused by the Company or communicated to third parties, unless authorized by law and/or subject to the prior and express consent of the Users.
Subject to the acceptance of Users by means of a checkbox for this purpose, the Company may transmit their personal information to third party companies offering products and services in line with those presented on the Site, in order to send commercial proposals.
As such, the User declares that he/she has read and accepts without reservation the sections “legal notices” and “personal data” accessible on the YOGADVISOR Website, in particular at the address www.yogadvisor.yoga which form an integral part of these General Conditions.
Article 14.2 Collection and processing of Users’ personal data by Professionals
As part of their prospecting activities, Professionals shall be solely responsible for the personal information of Users and in particular of Members collected directly from them.
They will therefore be responsible for the processing carried out and will be responsible for the legal declaration of its processing to the Commission Nationale Informatique et Liberté (CNIL) and, if necessary, for bringing its processing of personal data into conformity with the applicable law.
Article 14.3 Right of access and rectification of Personal Data
Article 14.3.1 User/Professional data collected by the Company
In accordance with the law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, Users and Professionals have the right to access, modify, rectify and delete data concerning them.
Consequently, the User may freely and at any time exercise his rights by using the Contact Form available on the Site, contact the Company directly by email or by post to the following address:
8 avenue André Bousquairol
Users may also modify their personal information through their Account.
Article 14.3.2 User data collected by Professionals
Professionals who collect personal data relating to Users on the Site undertake to allow and organise the exercise of these rights in accordance with applicable legislation.
The Company may not be held liable, in particular with regard to Users and more generally to third parties, for the a priori or a posteriori control of the quality and/or the authorized or unauthorized nature of the person who collects, obtains, discloses and transmits information to the Company, in particular personal information, for any reason whatsoever and on any basis whatsoever, as well as for the use or non-use, exploitation or non-use, which may be made by the Company or by a third party of the information transmitted.
It is also the Professional’s responsibility to inform the Users whose Data he collects about their rights and the existence of the computer processing operations carried out through the use of the Services.
In general, the Professional shall be solely liable, in particular to Users and more generally to third parties, for the consequences resulting from the use of a User’s personal data.
Article 14.4 Processing safety
The Company shall take appropriate technical and organisational measures to secure access to and storage of Users’ personal data and to preserve their security, in particular by preventing them from being distorted, damaged, unlawfully destroyed or accidentally lost or disclosed without authorisation.
Article 15. Professional and/or third party sites
The Internet pages of the Services may contain hypertext links to websites published by Professionals and/or third parties over which YOGADVISOR has no control. YOGADVISOR assumes no responsibility for the content of the Professional and/or third party sites or the content to which the Professional and/or Third Party sites may link.
The presence of hypertext links to Professional and/or third party sites does not mean that YOGADVISOR approves in any way the content of Professional and/or third party sites. YOGADVISOR is not responsible for any modification or update concerning the Professional and/or third party sites. YOGADVISOR is not responsible for the transmission of information from the Professional and/or third party sites, nor for their malfunction. These links to third party sites are offered to Users only for their convenience, in particular via advertisements published by Professionals.
Users are solely responsible for all transactions with Professionals and/or third parties, including advertisers, that appear on the Website’s web pages, including delivery operations and payment for goods and/or services.
In any case, no transaction between the User and the Professional and/or third parties may take place on the Site.
Article 16. Characteristics and limits of the internet network
The User declares that he accepts the characteristics and limits of the Internet and, in particular, he acknowledges:
- know the nature of the Internet network and, in particular, its technical performance and response times for consulting and using the Services offered,
- that data circulating on the Internet are not necessarily protected, in particular against possible misappropriation,
- that the communication by the User to third parties or Professionals of his Identifiers and, in general, of any information deemed confidential, is at the User’s own risk,
- that it is the User’s responsibility to take all appropriate measures to protect his own data and/or systems from contamination by viruses, if any, on the Internet network,
Article 17. Warranty and liability of the Company
The Company guarantees that the Site and the Services offered are accessible and can be used under the conditions defined in the General Conditions. This warranty is exclusive of any other warranty and in particular of result.
The User acknowledges and accepts that the Site and the Services offered fall within a particularly complex field in terms of IT technology and that it cannot materially be tested or experimented with, particularly in the context of the shared use of their functionalities, covering all possible uses.
The Company is responsible for the proper performance of its contractual obligations. However, the Company may only be held liable for proven and legally justified facts for which it is exclusively responsible.
In particular, the Company cannot be held liable for:
- the User’s failure to comply with or improper performance of any of the contractual provisions of the General Terms and Conditions,
- the difficulties or time of access to the Site and in particular the temporary or permanent interruption of the Site and the Services due to the total or partial non-compliance with an obligation, failure and/or saturation at certain times of the telecommunications network operators and/or Internet access providers,
- the content of the information transmitted and processed,
- the processing of personal information collected by Professionals and/or communicated by the Company to its co-contractors
- handling and/or interpretation errors,
- virus contamination of Users’ data and/or software, the protection of which is the responsibility of the Users,
- any damage to the User’s computers and equipment necessary for the use of the Site and Services or their misuse, which are the sole responsibility of the User,
- the possible misuse of Identifiers, and more generally of any information of a sensitive nature for the User,
- the compatibility of access to the Site and Services with the User’s Equipment ;
- the loss and/or possible destruction of data and/or information, despite the reasonable security measures put in place by the Company,
- direct or indirect damages that do not result directly and exclusively from a breach established against the Company, including, but not limited to, immaterial damages, loss of data or information or other similar loss or any actions by third parties.
The User expressly acknowledges that YOGADVISOR does not intervene in any way, within the meaning of the present contract, in the relations between the Users and the Professionals and/or third parties, the present contract being exclusive of the qualification of online service distribution.
YOGADVISOR cannot guarantee the availability and time of access to the website of Professionals and/or third parties, and cannot be held liable for the opportunity, deletion, failure or delay in putting the Data online or for the failure to store the Data put online by a User.
YOGADVISOR may under no circumstances be held liable for any interruption of a Service, regardless of the cause, duration or frequency of such interruption, and may not claim any compensation because of the free nature of the Service offered to Members.
In any event, the Professional acknowledges and accepts that the total amount of compensation likely to be paid to him, all items of damage combined, may not exceed the amount of sums paid to YOGADVISOR during the previous 6 months.
Article 18. User’s obligations and liability and rules for the use of the Services
Article 18.1 Compliance with current regulations
In general, when using the Services, the User undertakes not to publish or issue any Content that may be contrary to the laws and regulations in force.
The User undertakes not to distribute Data or content or information contrary to applicable law and to respect the rights of others, and in particular:
- Personality rights,
- Intellectual property rights,
- In general, the law of persons and property.
The User undertakes not to use the Service and/or the information provided by the Service to commit acts contrary to applicable legislation and/or morality and in particular to :
- Trying to mislead other Users by usurping their connection ID,
- Forging the headings of YOGADVISOR’s official documents
- Download, display, transmit by e-mail or in any other way, any content containing computer viruses or any code, file or program designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool without this list being exhaustive,
- Commit any action that has a disruptive effect and/or hinders real-time communication capabilities,
- Download, collect, store personal and/or nominative data relating to other Users of the Service,
Disseminate any form of pornographic, paedophile, obscene or other content likely to seriously violate human dignity.
- Send or transmit any form of unsolicited message that may be interpreted as advertising, or send any message generated by a mailing list in which the recipient has not specifically requested to appear ;
- Send, transmit or publish any form of message containing defamatory statements and violating applicable law and/or the General Terms and Conditions of Use.
Article 18.2 User’s responsibility for Content
Regardless of how the Data is integrated, the User assumes full responsibility for the Data he or she posts online and undertakes to comply with applicable laws, in particular those relating to the use, communication and dissemination of information on the Internet.
The User declares and acknowledges that he/she is aware that all information, data, text, software, music, sound, photographs, images, videos, messages or any other content or any other material, whether brought to the attention of the public or transmitted privately, are the sole responsibility of the person who issued such Content. The User alone, and not YOGADVISOR, is fully responsible for the Content that he/she displays, downloads, sends or transmits in any way by the Services.
Article 18.3 Reliability of Content
Except as expressly provided herein, YOGADVISOR does not exercise control over the Content transmitted via the Services and consequently does not guarantee the timeliness, lawfulness, integrity or quality of such Content. In any event, YOGADVISOR shall in no event be held liable for the Content, in particular for the unlawful nature of the Content with regard to the regulations in force, for any error or omission in any Content, for any loss or damage resulting from the use of any Content displayed, transmitted by instant message or in any other manner via the Services.
The User also declares and acknowledges that he/she must exercise discretion, and bear all related risks, in the use he/she makes of the Content and in particular when relying on the opportunity, usefulness or completeness of such Content. Consequently, the User acknowledges that he/she cannot rely on the Content created by YOGADVISOR or the Content submitted to YOGADVISOR available in the Services.
Article 18.4 Advertising content
The User authorizes YOGADVISOR to associate with the Content that the User distributes on any of the Services, advertising or promotional messages of the text, image, video or sound type, chosen by YOGADVISOR, in any form.
More generally, the User accepts that YOGADVISOR may use the Content distributed by the User to promote its Services. Under no circumstances may the User claim any remuneration or retribution under this authorization. If the User wishes to revoke this authorization, it will be up to him/her to close his/her Personal Account. Such revocation may only have effect for the future. Any advertising or promotional action that may be taken by YOGADVISOR at the time of closure of its Personal Account by the User will continue until its end.
Article 19. Compensation
The guarantee to which the User undertakes towards YOGADVISOR covers convictions of any kind as well as compensation, damages and legal fees and legal costs.
Article 20. Assistance
The User may contact the Company at any time by e-mail using the contact form provided for this purpose on the Site. These requests will be processed as soon as possible.
Article 21. Intellectual property rights
Article 21.1 The Site and its Content
The Company is the owner or transferee of all intellectual property rights to the trademarks, logos, graphics, photographs, animations, videos and texts, software and databases contained on the Site.
In particular, the User undertakes not to modify, copy, reproduce, download, distribute, extract, transmit, commercially exploit and/or distribute in any way whatsoever the Services, the pages of the Site, or the computer codes of the elements composing the Services and the Site.
The rights of use granted to the User are strictly limited to access, display, printing, reproduction on any medium and use of the results of the Services, for personal use. Any other use by the User is prohibited without the Company’s express authorization.
Article 21.2 Elements relating to the functioning of the Service
The Company declares that it holds all intellectual property rights to the Services offered through the Site.
All elements relating to the operation of the Services (in particular software, source codes, applications, etc.) remain the exclusive property of the Company. The User shall not acquire any rights over these elements other than those expressly granted to them under these general terms and conditions.
The User undertakes not to harm, directly or indirectly, the Company’s interests, whether moral or proprietary. It undertakes not to make the Services accessible through the Site and their documentation available to third parties, directly or indirectly, for any reason, in any form and for any reason whatsoever, except as provided in the General Conditions.
In particular, it shall refrain from copying, translating, modifying, correcting, improving, adapting, reverse engineering, creating derivative works.
The User is strictly prohibited from analyzing, viewing or modifying the configuration of the Site, as well as its structure and the files constituting it, or attempting to do so.
Article 21.3 Databases
Any extraction and/or reproduction of a substantial part of the information published on the Site and the results displayed on the Site is strictly prohibited.
However, the extraction and reproduction of the results displayed on the Site in paper or electronic form is authorised for internal use only, for the sole purpose of Users and provided that the source is clearly and precisely indicated.
The User shall also refrain from unlocking any software or database protection codes or decrypting access keys, when such software or databases are equipped with an access or protection system.
Article 21.4 Content posted by the User
The User declares to be the owner of the intellectual property rights and/or to have received the prior agreement of each of the authors and persons represented, on the Content and more generally on all the information of all kinds put online by the User on the site.
The User grants, free of charge, to YOGADVISOR and its partners, the non-exclusive right to distribute throughout the world and in particular on the Site, notably accessible at www.yogadvisor.com or at any other address that may be substituted for it, and more generally on any advertising or marketing medium (brochures, commercial mail, social networks, etc.) all the Content that it has made available to the public through its Personal Account.
The User is solely responsible for obtaining in advance the intellectual property rights and image rights relating to the Content he has posted online and undertakes in the event of a claim to indemnify and hold YOGADVISOR harmless.
In accordance with article 6 paragraph 7 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, YOGADVISOR sets up a reporting system identified by the link “Report abuse”. In the event of any abuse noted, any User is invited to send a report to YOGADVISOR.
Article 22. Proof agreement
Documents in electronic form, exchanged between the parties, shall be evidenced provided that the person from whom they originate can be duly identified.
The computerized records stored in the Company’s computer systems will be kept under reasonable security conditions and considered as proof of access to and use of the Site and Services.
Article 23. Miscellaneous
These General Terms and Conditions of Use constitute the entire agreement between the parties with respect to their subject matter. They shall cancel and replace any previous or concurrent written or verbal agreement, communication, declaration, statement, proposal relating to the same subject matter.
The fact that one of the parties tolerates a situation does not have the effect of granting the other party acquired rights; such tolerance cannot be interpreted as a waiver of the rights in question at a later date.
If one or more of the provisions hereof are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.
Article 24. Law
These General Terms and Conditions and the services they govern are subject to French law. This is the case for both the substantive and procedural rules, regardless of where the Site and associated Services are accessed and used.
Article 25. Disputes
In accordance with article L156-1 of the Consumer Code, the User is informed that he/she has the possibility to refer the matter to a consumer ombudsman.
In the event of a dispute arising out of these General Terms and Conditions and the services they govern, both as regards their interpretation and their performance, and possibly after an attempt to find an amicable solution, exclusive jurisdiction is conferred on the competent courts within the jurisdiction of the Toulouse Court of Appeal, regardless of the place of performance of the services or services, the defendant’s domicile or the method of payment accepted, notwithstanding multiple defendants or guarantee calls, even for emergency proceedings or protective measures and enforcement measures.