Terms of Service
TERMS OF SERVICES APPLICABLE TO PROFESSIONALS – DIRECT MOUNTAIN
These Terms of Services (hereafter “ToS”) defines the conditions of use and access to the platform established by Direct Mountain on the website accessible to the following URL www.directmountain.com (hereafter the “Website”) by Professional (as defined below).
The Website is operated by Direct Mountain, a French company incorporated as a SASU registered at the Register of Commerce and Companies of Grenoble under SIRET number 820 230 530 00017, headquartered at 14, rue Lachmann 38000 GRENOBLE (hereafter the “Company”).
Contact of the Company :
Postal address : 14, rue Lachmann 38000 GRENOBLE
Phone : +33 (0)6 20 05 33 24 Email : firstname.lastname@example.org
Article 1 : Définitions
The following terms shall have the meanings hereunder assigned to them:
means the monthly fee that Professionals shall pay after the Free Period to benefit from the Company’s Services defined under article 2 of these ToS and which amount is specified in article 7 of these ToS.
means criticisms, comments, precisions or any other indication expressed by Users as provided for in article 10 of these ToS.
means Messages, Publications, Links, Comments, Offers and any other information or documents posted by Users or Professionals on the Website, including on Professionals’ Personal Space.
Terms of Services (ToS)
means these terms of services to which Professionals have agreed to when registering, thus forming an agreement between each Professional and the Company which specify their rights and obligations, in particular for the access the Services provided by the Company and for the use of the Website.
means the information put on Professionals’ medium of communication by the Website and that may contain data related to Professionals’ navigation, such as pages viewed, dates and times of consultation, etc.
means the online personal space to which Professional registered on the Website can access, as provided for in article 5 of these ToS.
means the information required for the billing and the payment of Professionals in consideration of the Services provided by the Company and which are specified in article 3 and 8] of these ToS.
means any person who is neither a Professional nor a User and who visits one page of the Website or any document that is accessible on the Website.
means the process under which Professional register on the Website and accept these ToS, as specified in article 5 of these ToS.
means any hyperlink or any other mean that enables the access to another Website or to products, services or contents not available on the Website operated by the Company, including Advertisements.
means any offer of service posted by Professionals on the Website.
means the option allowing Professionals to optimize the referencing of an Offer they publish on the Website, pursuant to article 7.2 of these ToS, or any other chargeable option that may be offered to Professionals in the future.
means the period defined in article 3 during which Professionals can freely benefit from the Company's Services.
means the commercial activities offered by Professionals to Users on the Website.
means Professionals of mountains as defined in article 2 of these ToS.
means all intellectual property rights of the Company defined in article 17 of these ToS.
means any written message, image, sound, music, video, logo, visual, etc. or any Content published by any Professional on the Website, including Professionals’ Personal Space.
means any advertisements published on the Website with the prior written authorization of the Company and that may contain Links.
means any document certifying the skills of Professionals and allowing them to offer activities to Users, including diplomas and other official and/or professional documents.
means thematic pages available on the Website and on which the Company may publish useful information.
means the services provided by the Company to Professionals and listed in article 2 of these ToS.
means the website operated by the Company at the following URL: www.directmountain.com.
means the company defined in the introduction of these ToS.
means any person (including Internet Users) who is not the Company, a User or a Professional.
means any person who agrees to the ToU applicable to Users (www.directmountain.com/en/f/terms-use/).
Article 2 : Purpose of the Website
The Company offers to mountains’ Professionals who hold the required Qualifications, such as mountain guides (“guide de haute montage”), hiking guides (“accompagnateur de montagne”), climbing monitors (“moniteur d’escalade”), ski instructor (“moniteur de ski”) or canyoning instructor (“moniteur de canyon”) to register on the Website to provide Service Offers to interested Users. Users do not register to Professionals’ Service Offers on the Website but by contacting Professionals thanks to their contact details provided by the latter, or by providing their own contact details in order to obtain further information on the Service Offers or to request the booking of one or more place for the Service Offers. Users pay the price for these Service Offers directly to Professionals.
The Company does not provide any service or advice to Users.
Professionals who register on the Website shall first accept these ToS pursuant to article 5 of these ToS. Professionals registered on the Website and who have accepted these ToS are called “Professionals”.
These ToS prevails upon any other document from Professionals or Third Parties, which cannot be held against the Company, except in case a prior written exemption is specifically given by the latter.
Professionals registered on the Website benefit in particular from the following services (hereafter the “Services”):
- Creation and modification of a Personal Space
- Ability to publish Offers on the Website and to be contacted by Users wishing to book to their Service Offers;
- Ability to exercise their right to answer to any Comment expressed by Users as provided for in article 10 of these ToS;
- Ability to appear in a directory for Professionals;
- Ability to access to statistics as provided for in article 5.5 of these ToS.
Article 3 : Duration of the ToS and Free Period
These ToS are applicable with regards a Professional once the Company has confirmed said Professional’s registration. They are concluded for an undetermined period of time.
Services offered by the Company are free at least until 30 June 2017 (hereafter “Free Period”), or at a later date that will be communicated by the Company. The Company will inform Professionals, by email or any other mean, the end of the Free Period at least four (04) weeks before its termination.
From 1st July 2017 at the earliest, or at a later date that will be communicated to Professionals by the Company, Professionals willing to continue to benefit from the services offered by the Company will have to pay a monthly fee which amount is fixed in article 7 of these ToS (hereafter the “Monthly Fee”). For this purpose, Professionals will have to communicate to the Company, or to any payment service provider that the Company will choose, the information necessary to pay the Monthly Fee (hereafter the “Payment Information”) that are specified under article 8 of these ToS.
If Professionals do not communicate such Payment Information with two (02) months following the end of the Free Period of if the Monthly Fee is not paid, Professional’s Personal Space and the Content (including Offers) that they have published will not appear on the Website for Users and Third Parties. In such case, the Company will send an email to Professional informing them that this measure has been implemented.
The Company will allow Professionals to regularize the situation and pay the Monthly Fee in order to have access to their Personal Space. After this time period, the Company will have the right to terminate these ToS concluded with the concerned Professionals. Professionals are expressly informed and accept that any payment received by the Company before the 15th of the month is considered as being paid for the current month while any payment received after the 15th of the month is considered as being paid for the following month.
Article 4 : Access to Professionals’ contact details
Professionals are expressly informed and accept that Users and other Professionals can freely access their to all information communicated to the Company, except from the following information:
- SIRET or VAT number;
- Date of birth.
Article 5 : Registration
Registration on the Website is subject to the acceptation of these ToS, which is materialized by a checkbox that shall be ticked during the online registration process. The agreement between the Company and each Professional is concluded only after the Registration of the Professionals is confirmed in compliance with provisions set in this article of these ToS.
5.1 Information to be provided by Professionals
When registering on the Website, Professionals must provide information in the online registration form and, once completed, they can provide additional information in the heading “Modify my profile” in order to provide Users and Third Parties more information and to publish Offers on the Website.
Professionals must provide the following information in the registration form available on the Website (headings identified with an asterisks must necessarily be completed):
- First name*;
- Electronic address* (which will be used as the ID of each Professional and shall be valid so that Professionals’ registration can be finalized and confirmed);
- Country/region where Professionals are located*;
- SIRET or VAT number*(this information is not public); and
- Qualifications* (hiking guide (“accompagnateur de montagne”), canyoning instructor (“moniteur de canyon”), climbing instructor (“moniteur d’escalade”), ski instructor (“moniteur de ski”) and/or mountain guides (“guide de montage”)).
Once the registration form has been completed, Professionals must provide the following information to benefit from all Services provided by the Company, and in particular to publish Offers on the Website (Professionals must specify which activity/ies they wish to offer on the Website in order to publish Offers on the Website):
- Facial picture;
- Picture of presentation;
- Other electronic address (that may be disclosed instead of the electronic address provided in the registration form mentioned above);
- Description text;
- Professional’s website and information regarding their social media accounts (Facebook, Twitter, Google+, etc.);
- Postal address;
- Date of birth;
- Phone number(s) (fixed and/or mobile);
- Activities offered to Users; and
- Languages spoken.
Professionals guarantee that the information provided are true, valid, up to date, honest and are not misleading. Professionals undertake to update this information in their Personal Space in the heading “Modify my profile” in case of modification so that it remains true, valid, up to date, honest and are not misleading. Professionals recognize and accept that any violation of this obligation is a substantial breach of these ToS that may lead to the immediate termination of these ToS as specified under article 13 of these ToS.
Professionals undertake to create only one Personal Space. Any creation of attempt to create more than one Personal Space will be regarded as a substantial breach of these ToS and the Company reserves the right to (i) delete all Personal Space created by Professionals, (ii) prohibit such Professionals to create any other Personal Space in the future and (iii) prevent such Professional from benefitting for part or all services provided by the Company.
5.2 Choice of password
When creating its Personal Space, each Professional shall choose a password. The email provided by each Professional is its connection ID.
Professionals may modify their password and their electronic address in the headings “Modify my password” and “Modify my email” of their Personal Space on the Website.
The password chosen is personal and confidential. Each Professional is entirely responsible of the use and the protection of its password and undertakes to not disclose it to anyone and to take all measures to keep it secret. Any intervention made with the connection ID and the password will be considered as being made by such Professional, who will thus be sole responsible.
In case the password or elements that may enable a Third-Party to obtain it is lost or disclosed (voluntarily or not), Professionals (i) shall immediately take all necessary measures to change their password and (ii) shall notify in a written form to the Company. The Company may take any appropriate measure.
The Company will send to Professionals a newsletter on the functioning of the Website and the Offers. This newsletter is free.
These newsletters are sent on a personal basis and for information only and shall not be used for the purpose of providing advice or shall not be transferred. The Company shall not be liable for the direct and indirect consequences arising from the use of the newsletter by Professionals.
Professionals may unsubscribe to the newsletter at any time in the heading “Modify my profile” or by clicking on the link at the end of the newsletter sent by email.
5.4 Validation of the Registration and provision of the Qualifications
Once Professionals have completed and sent the registration form, they will receive an email so they can confirm their email address.
Upon request from the Company, Professionals shall also provide a copy of the Qualifications they hold (diplomas, brevet, certification, etc.).
Professionals willing to obtain a Qualification as hiking guides (“accompagnateur de montagne”) shall specify it in their answer to the Company. In this case, they shall provide to the Company documents and information demonstrating that the obtaining of the related Qualification is on its way. Their Registration can then be confirmed but they will only be able to offer to Users a limited number of Services, as specified under article 6.2 of these ToS and they will be labeled as “aspiring” on the Website.
Professionals undertake to provide to the Company an updated, exhaustive and authentic version of their Qualifications. The Company may (i) request additional information that may be useful regarding the Qualifications of Professionals and (ii) undertake further verifications that may be useful, including from Third-Parties, to confirm these Qualifications.
The Company has the right to refuse any Registration of a Professional if the Qualifications provided does not seem to be updated, exhaustive or authentic, if Professionals do not provide additional information requested, if the additional verifications undertaken by the Company are not satisfactory or for any other reason.
5.5 Access to statistical data
The Registration to the Website enables Professionals to access to statistical data in relation with its profile and its Offers published on the Website, in particular the following data:
- Number of views of the profile and the Offers;
- Number of click on the email address, phone numbers, links to personal site and to social media.
5.6 Professionals representation and warranty
Each Professional represents and warrants to use the Website for its commercial, industrial, craft of liberal activities, and that they are not consumers.
It is specifically provided that legal persons cannot register to the Website as Professionals.
Article 6 : Publication of Offers of Services to Users
Professionals can publish on the Website Offers to Users under the following conditions.
6.1 Activities that cannot be offered by Professionals
Once their registration on the Website has been accepted by the Company, Professionals will be able to publish Offers to provide Services to Users.
The nature of the Services that Professionals will be able to offer will depend on their Qualifications provided when registering on the Website. Thus, based on the Qualifications they hold, Professionals will be able to Offer Services for the following activities to Users:
- Hiking guides (“accompagnateur de montagne”): trekking, hiking and snowshoeing;
- Canyoning instructors (“moniteur de canyon”): canyoning;
- Climbing instructors(“moniteur d’escalade”): via ferrata and climbing ;
- Ski instructor (“moniteur de ski”): cross-country skiing and off-piste skiing;
- Mountain guides (“guide de haute montage”), including aspiring mountain guides: ice climbing, mountaineering, cross-country skiing, via ferrata, trekking, snowshoeing, climbing, canyoning and off-piste skiing.
- Mountain Biking instructor (“moniteur vtt”): mountain biking;
- Caving instructor (“moniteur spéléologie”): caving;
It is specifically provided that activities listed above are provided for information purpose only and can be provided by Professionals on the Website only if Professionals are legally authorized to offer and provide them given the applicable legal and regulatory provisions, and that they can be offered and provided under the strict limits provided for in these legal and regulatory provisions.
6.2 Prohibited Services
Professionals are specifically informed and accept that they shall not, within the framework of the Services provided by the Company and the use of the Website:
- Offer Services to minors or accept to provide Services to unaccompanied minors.Professionals undertake to check systematically that Users are not minors;
- Offer Services or accept to provide Services which are contrary to the applicable laws and regulations, to professional rules, to recommendations applicable to activities offered or to Professionals given their Qualifications or to morality or to Third-Parties’ rights;
- Offer Services or accept to provide Services that they were not authorized by the Company to offer as specified in article 6.1 of these ToS;
- Offer Services or accept to provide Services to Users whom health would not be compatible with the activities offered, being specified that Professionals shall check with Users that their health is compatible with the activities offered, as specified in article 9 of these ToS;
- Offer Services or accept to provide Services which are dangerous of that may be risky for Users, based on the nature of the activities, the health of Users, the meteorological conditions, the risks of avalanche, of flood, of rockslide, of fire or any other risk.It is specifically provided that, under this article, are considered as being dangerous or risky for Users activities that, given the non-exhaustive circumstances listed above, would lead any reasonable person to not undertake such activities;
- Regarding aspiring mountain guides (“guides de montagne aspirants”), to offer Services that they are not authorized to offer or provide given their status of “aspiring”, in particular dues to the technical difficulties, the duration or the heights of the activities concerned;
- Offer Services or accept to provide Services if they are not covered by an insurance policy, which premiums have been duly paid in due time, that cover, for the entirety of the activities offered (i) Professionals themselves and (ii) Users to whom they offer of provide such services.
Professionals are specifically informed and accept that the provisions of this article are a substantial element of these ToS and that any breach of these provisions will be regarded as a serious breach of these ToS that may lead to the immediate termination of these ToS or to any other sanction as provided for under article 13 of these ToS.
6.3 Information to provide when publishing Offers and length of such publications
When they publish Offers for Services on the Website for Users, Professionals shall provide the following information (those with an asterisk must be completed):
- Type of activities offered*;
- Length of the activities offered*;
- Localization of the activities offered*;
- Price of the activities offered*;
- Minimal number of persons that shall register so that the activities can be confirmed*;
- Maximum number of persons who can participate to the activities offered*;
- Physical and/or technical level of the activities offered;
- Name of the activities offered*;
- Detailed description of the activities offered;
- Full program of the activities offered;
- Details on what is included in the price of the activities offered;
- Details on what is not included in the price of the activities offered;
- Dates of the next activities scheduled;
- Pictures in relation with the activities offered.
Professionals warrant that all information provided are true, updated and accurate and are not misleading.
Each Offer is published on the Website until the date the activities offered are provided. After this date, the Offers are automatically deleted.
The Company may modify Professionals’ Offers, in particular to increase their visibility or their ranking (formatting, punctuation, spelling, etc.). Professionals are informed of all modifications made to their Offers.
6.4 Obligation to update all information of the Offers
Professionals undertake to update their Offers for the activities offered to Users as soon as they have information on such modification so that Offers remain updated, true, accurate and not misleading.
More specifically, Professionals undertake:
- To update the number of place available for their Offer based on the number of persons registered for such Offer as soon as a new person has registered for such Offer or as soon as a person de-register for such Offer, if possible within 12 hours following such registration or de-registration;
- To specify any modification to the level of difficulty of the activities Offered, in particular when such modification is related to a change in the meteorological conditions, to avalanche risks, flooding, rockslide, fire or for any other reason;
- To specify any modification in relation with the type of activity provided, the duration of the activity, the localization of the activity, the price of the activity, the description of the activity, the program of the activity, what is included and what is not included in the price of the activity, the dates if the next activities schedules and any other information provided in the Offer or individually to each User, by any mean.
In case the activity is cancelled for any reason, Professionals undertake (i) to delete this Offer from the Website and (ii) to inform Users registered for this Offer as soon as it is cancelled and as quickly as possible, and if possible with 24 hours before departure.
Professionals are specifically informed and accept that any breach of this article will be regarded as a serious breach to these ToS that may be sanctioned pursuant to article 13 of these ToS, including through termination of these ToS, in particular in case of repeated breaches.
6.5 Obligation to answer to questions asked and to registration request sent by Users
Users have the ability to send their contact details to Professionals to obtain further information on the Offers or to request registration to these Offers. Users’ contact details are provided to Professionals by email.
Professionals undertake to answer to Users’ requests in a diligent manner and as soon as possible, and if possible within 24 hours following such requests.
Article 7 : Price of the Services provided by the Company and Chargeable Option
7.1 Prices of the Services offered by the Company
As provided for in article 3 of these ToS, from 1 July 2017, or at a later date that will be communicated by the Company, Professionals will have to pay a Monthly Fee to benefit from the Services provided by the Company.
The amount of the Monthly Fee is 109 euros (VAT included) per year. Conditions under which such Monthly Fee shall be paid is determined in article 8 of these ToS.
7.2 Price of the Chargeable Option
Offers published by Professionals are ranked on the Website, in particular based on the type of activities provided and depending on the next dates where such Offers occur (from the earliest date to the latest date). As a result, Professionals are informed and accept that, potentially, if their Offer is at the top of the list, this is only temporary.
The Company shall have the right to implement a chargeable option enabling Professionals do optimize the ranking of their Offer published on the Website (hereafter the “Chargeable Option”). If the Company chooses to implement such Chargeable Option on the Website, the rules applicable to such option will be the following.
Professionals may decide to subscribe to the Chargeable Option from their Personal Space on the Website through two different means:
- By clicking on the option when publishing the Offer; or
- After the publication of the Offer, from the page “my catalogue”.
A chargeable Option may only be chosen for one Offer and cannot concern more than one Offer. Thus, Professionals must purchase a new Chargeable Option for each Offer published on the Website. It is not possible to transfer one Chargeable Option from one Offer to another.
If a Chargeable Option is chosen by a Professional, the Offer will appear among the first three (03) Offers published Professionals for the same activity for a duration of seven (07) days.
The price of the Chargeable Option is 10 euros (VAT included). Conditions under which such Chargeable Option shall be paid is determined in article 8 of these ToS.
Article 8 : Conditions under which the Monthly Fee and the Chargeable Option shall be paid
To pay the Monthly Fee and the Chargeable Option, Professionals shall provide their Payment Information so that the payment can be made
8.1 Payment of the Services provided by the Company
To pay the Monthly Fee, Professionals shall provide their Payment Information directly to the Company or to a payment service provider selected by the Company. The Company may select any payment service provider and may change it at any time. Professionals are informed and specifically accept that payment made to the payment service provider selected by the Company may require the prior approval to general conditions or other contractual documents of such payment service provider.
The payment of the Monthly Fee is due from 1 July 2017 or at a later date that will be communicated by the Company pursuant to article 3 of these ToS or, in case registration to the Website occurred after 1 July 2017, from the date when these ToS have been accepted, net of any free period that may have been granted by the Company.
Yearly Fees are paid for a period starting the 1st of each month and ending 12 monthes later (subject to provisions of article 3 of these ToS).
Each Professional will receive, by email, an invoice for the Services provided by the Company.
8.2 Payment of the Chargeable Option
To pay the Chargeable Option, Professionals shall provide their Payment Information directly to the Company or to a payment service provider selected by the Company. The Company may select any payment service provider and may change it at any time. Professionals are informed and specifically accept that payment made to the payment service provider selected by the Company may require the prior approval to general conditions or other contractual documents of such payment service provider.
The Payment of the Chargeable Option is due at the date when the Professional has chosen the Chargeable Option. Each time a Professional chooses a Chargeable Option, such Professional will receive, by email, an invoice for such Chargeable Option.
Amounts paid for the Monthly Fees and the Chargeable Option cannot be reimbursed, even if Offers of Professionals’ Personal Space are cancelled or deleted as provided for under article 13 of these ToS in case of breach of these ToS.
Article 9 : Professionals’ obligations to inform themselves and to inform Users
Professionals are specifically informed and accept that the provisions of this article are substantial provisions and that any beach of such provisions will be regarded as a serious breach of these ToS that may lead to immediate termination of these ToS, as provided for in article 13 of these ToS.
Pursuant to article 6.2 of these ToS, Professionals are prohibited from offering and from providing services if information collected from Users or risks related to the activities concerned does not allow them to offer or provide services.
9.1 Professionals’ obligation to inform
Professionals specifically undertake to obtain information from Users, when they subscribe to their services and, at a later stage, at any time before and during the activities:
- On Users’ health, to ensure that the activities offered are compatible with their health;
- On Users’ physical conditions, to ensure that the activities offered are compatible with their physical conditions;
- On Users’ experience, to ensure that the activities offered or their level of difficulty are compatible with their capacities;
- If need be, on the scope and limitations of Users’ insurance policy that themselves or Users benefit from so that Users are specifically informed of such scope and limitation and be systematically in a position not to fall outside their insurance policy during the activities provided by Professionals.
9.2 Professionals’ obligations to inform themselves
Professionals specifically undertake to inform themselves when publishing Offers on the Website and, at a later stage, before and during the activities, on the meteorological conditions, avalanche risks, flooding risks, rockslide risks, fire risks and any other specific risks in relation with the activities offered (this list being non exhaustive).
Article 10 : Comments and assessment of Professionals by Users
Users can publish Comments on the services provided by Professionals if they have used their services in order to assess such services. Such Comments can be access by any Users and Internet Users and by other Professionals.
Comments from users are not subject to any form of prior moderation.
Professionals are automatically informed by email when Users publish a Comment in relation to them.
Comments published by Users shall comply with the following conditions:
- Be compliant with the ToU applicable to Users (www.directmountain.com/en/f/terms-use/), and in particular article 7 of these ToU;
- Originate from Users who have really been provided with services from Professionals;
- Describe a specific Service, and not general comments unrelated with the Services provided;
- Be relevant and useful for other Users and for Professionals;
- Be independent and be written in the name of and on behalf of Users;
- Be non-profit and non-promotional (if need be, Links, email addresses, phone numbers, etc. of whole Comments may be deleted);
- Be written in correct French, without upper case, slang or typographical symbols used excessively.
If a Professional considers that a Comment does not comply with the ToU applicable to Users, in particular with article 7 of the ToU, or with this article of these ToS, he or she may request the Company to delete such Comment.
Upon receiving such request from a Professional, or informed by any way (including through the procedure provided for in article 14.4 of these ToS), the Company may take any appropriate measure, such as contacting any User to obtain additional information or the proof that such User has really used the Services provided by the Professional. If need be, the Company will delete a Comment if it considers that it does not comply with the ToU applicable to Users, in particular with article 7 of the ToU, or with this article of these ToS, and take any measure that is necessary with regards to Users.
It is especially specified that Comments related to Professionals are not based on surveys, polls, investigations or any verification of Professionals’ experience, quality of service, skills or professionalism and are not provided by the Company but are solely the result of opinions and criticisms expressed by Users of the Website that have been provided with Services by Professionals.
Article 11 : Use of the Website by Professionals
Professionals can reproduce brand names, trade names, signs or Links only for information purposes (unless they own them). Professionals specifically undertake neither to denigrate said brand names, companies or websites nor to call for a boycott. More generally, Professionals undertake not to disclose or publish, send or transmit any Link directing towards websites or any content that may be contrary to these ToS.
Professionals are strictly prohibited from integrating, downloading, transmitting or publishing on the Website Contents:
- Encouraging or damaging public order, violating applicable laws and regulations, that are offensive, insulting or defamatory, that may damage any person’s honor or dignity, that are pornographic, pedophilic, obscene, threatening, indecent, shocking or not adapted for a family audience, violent, racist, xenophobic, revisionist, that damage respect for others, encouraging the commission of crimes or offenses, that constitute an apology of crimes against humanity, terrorist acts, rapes, murders, that is against equality between men and women, encouraging discrimination, hate against a person or a group of persons based on their origin or their affiliation or non-affiliation to an ethnic group, a nation, a race or a specific religion, that is a threat against a person or a group of person, encouraging the use or the trade of illegal substances, spreading false rumors, undermining State security, the authority of res judicata, the secrecy of judicial inquiries, encouraging the commission of cruel acts against animals, constituting harassment or encouraging harassment, etc.;
- Disclosing information that Users are not authorized to disclose;
- Misleading, deceptive, deceitful or offering or promoting fraud or illegal or misleading activities;
- That may damage third parties rights, by any mean, including by harming their privacy or damaging their image;
- That is counterfeiting or damaging intellectual property rights or related rights of others or damaging rights of database producers (misuse, counterfeiting, imitation or free riding);
- Promoting a competitor’s commercial activity, that constitute a misleading advertising or unlawful comparative advertising or advertising tobacco, alcohol or medicines;
- Containing a virus (or Trojan, worms, spyware, etc.) that may damage, destruct, impair or violate the integrity or the security of systems, programs, files or data of the Company, of Users or Professionals;
- More generally, illegal or illicit contents.
It is strictly prohibited to use the Website under the following conditions or for the following purposes:
- Mining or re-use of part of all elements of the Website, including Professionals’ names and email addresses;
- Broadcasting of any personal data related to a third party, such as addresses, phone numbers, email addresses or credit card numbers;
- Request personal information from Users or Professionals for commercial or illegal activities or request passwords or personal data;
- Sending unsolicited emails and/or emails for prospection or commercial purposes;
- Manipulation intended to improve the referencing of another website;
- Broadcasting information that may damage or create a risk of damage to confidentiality or security or any person;
- Broadcasting of false or misleading information or encouraging illegal activities or a conduct that is improper, threatening, obscene of defamatory;
- Damaging the Company’s Intellectual Property rights;
- Using illegally the Website or using it under conditions that may harm, deactivate, overload or impair it;
- More generally, any practice that would divert the Website to purposes that are not those for which it was designed.
Article 12 : Undertakings of the Company
12.1 Obligation of means and standard services
The Company undertakes to enable access to its website with diligence and in compliance with the degree of care commonly applicable for such services, it being specified that this only an obligation of means, and in no event an obligation of result, which Professionals recognize and expressly accept.
The Website’s functionalities are standard and are in no event offered in consideration of a particular Professional’s needs, expectations or personal constraints, and may not be adapted to the needs, expectations or personal constraints of certain Professionals.
Thus, Professionals are invited to make all necessary researches and to obtain all necessary information in this regards prior to register to the services provided by the Company and to the Chargeable Option.
Professionals are expressly informed that the Company does not check, under any circumstances, that Professionals benefit from an insurance policy covering the risks related to the services they offer.
Thus, Professionals undertake to check, prior to providing services to Users, that themselves are duly covered by an adequate insurance policy for all risks related to the services they provide to Users. Pursuant to provisions of article 6.2 and 9.1 of these ToS, these insurance policy shall also cover Users to whom they provide services for the entirety of the services that are provided to them.
12.3 Lack of modération
The Company is not aware of the Content (including Links and Advertisements) published on the Website, on which it does not exercise any moderation, selection, verification or control of any kind, except if it has received some information pursuant to this article. In this regards, the Company is only acting as a hosting provider.
Contents that are damaging to a third-party may be notified to the Company in accordance with the rules provided for in article 6 I 5 of the French law n°2004-575 dated 21 June 2004 “pour la confiance dans l'économie numérique”. The Company may take the measures detailed in article 12 of such law. More generally, Professionals are called upon to report to the Company of any illegal Content. Such notification can be done through a form in which Professionals shall provide their name, surname, email address and shall detail the issue(s).
The Company undertakes to react quickly following any rightful notification. The Company will ensure the protection of the person concerned by the notification.
In the event that the Company is informed that a Content published on the Website is contrary to provisions of these ToS, it may take any action, including deleting the Content at stake and/or the account of the Professional concerned, in accordance with article 13 of these ToS.
12.4 Contact between Users and Professionals
The Company acts only on its own name and does not enter into any legal act in the name and on behalf of Users and Professionals, which enter into a contractual relationship directly with each other.
12.5 Use and maintenance of the Website
The Company may proceed to control to check the functioning and the accessibility of the Website. In this regards, the Company may interrupt the access to the Website for maintenance reasons, for which it shall not be liable.
Professionals declares that they have a good knowledge of the internet, its features and its limits and recognize that transmission of data on the internet does not benefit from a total technical reliability, that data circulating on the internet are not necessarily protected against potential breaches and that communication of any information is thus realized on Professionals’ own risks.
Article 13 : Sanctions applicable to Professionals and other measures that can be taken by the Company against Professionals
In case any Professional fails to comply with any of the provision of these ToS or, more generally, breaches any applicable legal or regulatory provision, including in case of non payment of the Monthly Fee, the Company may take any appropriate measure, including:
- Make invisible for the duration of its choice or delete wholly or partially Contents published by such Professional on the Website (including Offers published by Professionals);
- Make invisible for the duration of its choice or delete wholly or partially such Professional’s Personal Space;
- Suspend these ToS for a maximum duration of three (03) months or terminate such ToS;
- Publish on the Website any message that the Company will deem useful;
- Inform any authority and provide it with all necessary information to facilitate the research and sanction of illegal activities;
- Undertake any judicial action that the Company may deem appropriate.
In the event of a serious failure to comply with the provisions of these ToS or in case of emergency, these measures (including the termination of these ToS) may be taken immediately without any prior action and without informing the Professional in advance.
In other cases, and to the extent it is possible, the Company will inform the concerned Professional by any mean, in particular through an email or through any other appropriate mean, specifying that in case there is another failure, or if the failure does not stop, it may apply immediately the measures detailed above.
The application of this article by the Company does not give any right of reimbursement of the Monthly Fee or any other payment made by the Professional to the Company under these ToS.
Article 14 : Liability of the Company
14.1 Existence of Users
The Company does not verify whether Users contacting Professionals really exist.
As a result, the Company shall not be liable in the following cases:
- Users are not present to the activities provided by Professionals;
- Non payment by Users of the services provided by Professionals.
As provided for in article 12.2 of these ToS, the Company does not check that Professionals benefit from an insurance policy covering risks in relations to the Services they offer. Thus, Professionals shall ensure that themselves are covered by their own insurance policy for the risks related to the activities they provide to Users and that Users are duly covered by the insurance policy of each Professional for all services that they provide to Users.
Thus, the Company shall not be liable for any damage that would be related to:
- The lack of insurance by a User or the fact that a specific risk is excluded from the insurance of a User;
- The lack of insurance by a Professional, or the fact that a specific risk is excluded from the insurance of a Professional.
14.3 Issues in relation with the access to the Website
Unless in case of willful misconduct, fraud or gross negligence, the Company shall not be liable in case of:
- Interruptions, failures, modifications or malfunctioning of the Website for whatever reason;
- Loss of data or information hosted by the Company;
- For maintenance in accordance with article 12.5 of these ToS.
14.4 Issues in relation with Contents
As indicated in article 12.3 of these ToS, apart from Contents published in the New Page of the Website, the Company does not have any knowledge of the Content available on the Website and only acts as a hosting provider.
Thus, apart when provided for under applicable laws, and in particular under article 6 of the law n°2004-575 dated 21 June 2004 “pour la confiance dans l'économie numérique”, the Company shall not be liable for any damage or issue caused by a Content published on the Website and any complaint, whatever its nature and subject matter, shall be sent to the person which published such Contents.
Access to Third-Parties websites or use of Third-Parties Contents is undertaken at Users’ own risks and under their sole responsibility. Thus, the Company shall not be liable of contents and/or products or services available on Third-Parties websites accessible from the Website and it is for each Professional to make all necessary or appropriate verifications prior to conduct any transaction with a Third-Party.
14.5 Difficulties between Users and Professionals
As indicated in article 2 of these ToS, the Company acts only on its own name and does not enter into any legal act in the name or on behalf of Users and Professionals, which enter into a contractual relationship directly with each other.
As the Company is not a party to any contract between Users and Professionals, the Company shall not be liable for performance, non-performance or poor performance of Services offered by Users. Thus, the Company shall not be liable:
- For issues in relation with contracts concluded between Users and Professionals, in particular during their negotiation, their conclusion of their performance; and
- For issues that may occur between Users and Professionals outside their agreements, including for damages (including physical damages) that may affect Users or Professionals, in particular during the provision of Services by Professionals (accidents, falls, injuries, etc.).
More generally, the Company shall not be a party to any litigation whatsoever between Professionals and Users.
In addition, the Company shall not be liable if a Professional does not find any User to whom it can provide services.
Finally, the Company shall not be liable towards any Professional with regards to Third-Parties that have obtained the contact details through any other mean than the use of the Website, including if such Third-Party obtained such contact details of Professionals from a User.
14.6 Use of information available on the Website
Professionals specifically undertake to check the authenticity and the relevance of the Content available on the Website prior to any use of such Content or prior to taking any decision relying on such Content.
Contents available on the Website may be modified at any time, in particular through updates. Content may contain technical inaccuracies and typographic errors. The Company has the right to correct such errors when it is made aware of them.
Use of Contents available on the Website, including Contents available on the News page, is made at Users’ full and sole responsibility, and the Company shall not be liable for any damage of whatever kind that may result from the interpretation or use of such Content.
14.7 Other issues for which the Company shall not be liable
In any case, including for Content published on the News Page of the Website, the Company shall not be liable for any damage towards Professionals in the following events :
- In case of breach by Professionals of these ToS, and in particular provisions from its article 5 to 10;
- In case of gross negligence, fraud or deceit from Professionals;
- In case of faults or damages caused by Third-Parties (including the Company’s subcontractors and providers)
- En case of circumstances external to the Company or beyond its will or that cannot be attributable to it, such as, for instance, in case of attacks or computer hacks, breach of the electric grid or telecommunications network, loss of connectivity or internet access, failure of computer equipments used by the Company or Third-Parties, etc.;
- In case of force majeure as this concept is defined under French law and French case law.
14.8 Limitation of the Company’s liability
In the event when, despite the provisions of this article 14 of these ToS, the Company shall not be liable for any reason whatsoever, including for Contents published in the News Page of the Website :
- The Company shall not be liable for any indirect damage caused to any User or any Professional (such as loss of profits, loss of earnings, damage to image or reputation, etc.);
- For any other damages, apart from physical damages caused directly by the Company and damages due to the Company’s gross negligence or a fault committed intentionally, its liability shall be limited to a total amount of 1,000 euros for each plaintiff, irrespective of the nature and amount of the damage at stake.
Article 15 : Professionals’ liability
Professionals are liable for all damages, regardless of their nature, tangible or intangible, direct or indirect, caused to the Company (or to any User, Professional or Third-Party), in particular those in relation with a violation of one of the provision of these ToS or the applicable law and regulations.
Professionals warrants the Company against any plaints, consequences, claims, actions and/or demands that the Company may experience in relation with a violation by Professionals of any of the provision of these ToS or the applicable law and regulations, including court fees and lawyers’ fees.
Article 16 : Advertisement
The Company shall not be liable for the transactions between Professionals and any advertiser, professional or trader, to which Professionals may be directed from the Website and shall not in any event be a party to any litigation with Third-Parties, in particular regarding the supply of products and/or services, guarantees, declaration, warranties and any other obligations applicable to Third-Parties.
Article 17 : The Company’s Intellectual Property rights
Each Professional recognizes that the Company is author, owner, depositor/applicant, holder and/or assignee of Intellectual Property rights and/or elements, industrial property rights, related rights available on the Website (except from Contents, including Advertisement, and all elements uploaded by Users and Professionals), and in particular (hereafter the « Intellectual Property » rights):
- The graphic charter of the Website;
- The Company’s logo;
- The legal name of the Company;
- The Company’s brand;
- The domain name through which the Website is available;
- The general structure of the website;
- The content of the Website, which is to say the texts, images, pictures, visuals, videos, logos, catchwords, elements of presentation and of configuration, etc. which are located there;
- The systems and software operated by the Company;
- Databases, including those with Users and Professionals’ information and contact details as well as providers, advertisers and any other Company’s partners.
No right over the Company’s Intellectual Property right is granted to Professionals. Any disassembly, decompilation, decoding, extraction, use, operation, reutilization, copy and more generally any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written consent of the Company are strictly prohibited and the Company may take any legal action, on civil and/or criminal grounds.
Article 18 : Termination of these ToU by Professionals
Each Professional may terminate their contractual relationship with the Company that was entered into upon acceptance of these ToS at any time provided that a notice period of thirty (30) calendar days is respected. Each Professional shall formalize such termination by sending an email to the Company at the email address provided for in these ToS.
From the date when such termination is effective:
- Professionals’ Personal Space and the Content they have published (including their Offers) are irrevocably deleted;
- The payment of the Monthly Fee is not due any more.
Provisions of articles 10, 11 and 17 of these ToS shall survive the termination of these ToS.
Article 19 : Personal data
The proper functioning of the Website relies on the collecting of information concerning Professionals. Such data are collected when Professionals register to the Website and when they modify their Personal Space and when they publish Offers on the Website.
Personal data collection, processing and use are implemented only if Professionals accept these ToS and therefore expressly accept the use of such data. The consent required from each Professional is registered on the Company’s database.
Data collected may be use for the following purpose:
- Sending of information letter and communication in relation with the Website;
- Sending of commercial and/or promotional proposals, issued only by the Company and related to the Website;
- Sending of surveys on customers’ satisfaction;
- The payment of the Services provided by the Company and of the Chargeable Option;
The Company will not sell any database to Third-Party companies.
In addition, the sending of commercial and/or promotional proposals from the Company or Third-Parties will only be made after obtaining the express consent of the concerned persons. Users will always be able to unsubscribe to stop receiving these commercial proposals and offers.
Personal data processing of each Professional is made by the Company, which undertakes to guarantee a sufficient level of protection of the information provided to ensure privacy rights and fundamental rights and freedoms.
Each Professional has a right to oppose, access, modify, correct and delete data that are related to him or her (article 38 to 40 of the French Law on personal data from 6 January 1978). Each Professional can exercise its rights by sending a mail to the person in charge of data processing, Mr Sylvain Hortoland, to the Company’s headquarter indicated in the introduction of these ToS or by using the contact form available on the Website.
To exercise this right, Professionals shall make a request to the Company by sending an email to the electronic address provided for in the preamble of these ToS.
Article 20 : Cookies
To ease the use of the Website, Cookies may be used by the Company, for instance to record Professionals’ search criteria or to ease the browsing on the Website.
A setting of its browsers enables Professionals to refuse the saving of cookies. However, Professionals are informed that refusals to save cookies may disrupt the use of the Website.
Article 21 : Modification of these ToS
The Company may, at any time and under its sole discretion, modify these ToS as necessary, including in case of modifications made to the Website. Thus, the Company may decide to deleted, in whole or in part, any content or functionality on the Website or restrain Professionals’ ability to access some existing or new services or some contents or functionality of the Website.
Professionals will be informed of these modifications through any appropriate mean, including by an information provided when accessing the Website and/or by email, if necessary, with a reasonable notice.
Professionals will have a fifteen (15) days period to inform the Company, by sending an email to the electronic address provided for in the preamble of these ToS, they they refuse the modification of these ToS. In this case, these ToS will be terminated thirty (30) days after the Company will have received the email from the concerned Professional. When such modifications is not refused within this fifteen (15) days period, Professionals are regarded as having accepted such modifications of these ToS, which can then be opposed to as soon as they become applicable.
Article 22 : Unenforceability of certain provisions of these ToS
If a part of these ToS (one or more article or part of an article) is regarded as illegal, invalid or unenforceable, for whichever reason, the concerned provisions will be deemed not written, without calling into question the validity of other provisions that will continue to apply mutatis mutandi (which is to say once the modifications implied by the deletions are made).
Article 23 : Language
Only the French version of these ToS are applicable, regardless of Professionals’ nationalities.
The English version of these ToU, or any other non-French version of these ToS, is a translation provided for information only.
Article 24 : Applicable law and jurisdictions
These ToS are governed by French law.
For any litigation in relation with the formation, the validity, the interpretation, the performance or the termination of these ToS between Professionals and the Company, Users or the Company shall, prior to any legal action, send a formal notice by registered post with proof of notice. The Company and the concerned Professional may then, within 15 days of such formal notice that remained unanswered or if no amicable solution is found, initiate a proceeding.
In this case, the more diligent party may file an application to the competent court within the jurisdiction of the court of appeal of Grenoble, apart if such rule would be contradictory with the applicable mandatory rules on jurisdiction, in which case the latter are applicable.
Professionals expressly accept that the provisions of this article are also applicable in the event of summary or interim proceedings, multiple defendants or third party proceedings.