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 : Definitions
The following terms shall have the meanings hereunder assigned to them:
means criticisms, comments, precisions or any other indication expressed by Users as provided for in article 6 of these ToU.
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.
means the information put on Users’ medium of communication by the Website and that may contain data related to Users’ 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 ToU.
means any person who is neither a Professional nor an User and who visits one page of the Website or any document that is accessible on the Website.
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 services offered by Professionals to Users on the Website.
|means mountain's Professionals as defined in article 2 of these ToU.|
means all intellectual property rights of the Company defined in article 13 of these ToU.
means any written message, image, sound, music, video, logo, visual, etc. or any Content published by any User 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 to provide services 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 website operated by the Company at the following URL: www.directmountain.com.
means the company defined in the introduction of these ToU.
means any person (including Internet Users) who is not the Company, an User or a Professional.
means any person who agrees to these ToU as provided for in article 4 of these ToU.
Article 2 : Purpose of the Website
The Company offers access to the Website and to Professionals’ contact details to Users. Access and use of the Website, including the obtaining of Professionals’ contact details, are completely free for Users.
The Website’s purpose is to put in contact Users who are looking for information or services in relation with mountains with mountains’ Professionals (high mountain guides, mountain leaders, climbing trainers, skiing instructors and canyon instructors, etc.) referenced on the Website and who hold the required Qualifications (hereafter “Professionals”).
The Company does not provide any service or advice to Users.
Article 3 : Acceptance of these ToU
Internet Users accept these ToU as provided for in article 4 below.
These ToU 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.
Article 4 : Access to Professionals’ contact details and publication of Comments
Internet Users can obtain Professionals’ contact details and can publish Comments on services offered by Professionals. To do this, Internet Users shall first accept these ToU, and they are then referred to as “Users”.
4.1 Access to Professionals’ contact details
To access to Professionals’ contact details available on the Website, Internet Users shall first accept these ToU. The Company has taken all technical precautions to prevent Internet Users who have not accepted these ToU from obtaining Professionals’ contact details available on the Website.
As it is clearly indicated on the Website that access to professionals’ contact details necessarily requires the acceptance to these ToU, any Internet User who voluntarily uses means that enable him or her to circumvent the requirement to accept first these ToU to access Professionals’ contact details will be regarded as having accepted these ToU.
4.2 Communication of Users’ contact details to Professionals
Users may decide to communicate their contact details to Professionals in order to obtain further information on their Service Offers or to book one or more reservation for the Service Offers.
These contact details will only be communicated, by email, to Professionals offering the concerned Service Offer.
4.3 Publication of Comments and, if applicable, participation to the News Pages
Publication of a Comment on the Website requires first the acceptance to these ToU.
Publication of a Comment requires the communication to the Company of the following information:
- Name and first name(s);
- Email address;
- When appropriate, the login chosen by the User.
These information are obtained through a form completed on the Website, which shall be valid.
Users guarantee that all information provided are accurate, up to date and truthful and that they are not misleading.
The Company may verify a posteriori information provided by Users and may delete any Comment published by any User who provided information that is not accurate, up to date or truthful, that cannot be verified or that are misleading.
Article 5 : Functioning of the Website
5.1 Information that are available to all Internet Users
Internet Users may access to public information available on the personal space on which Professionals can publish personal information (Qualifications, experiences, geographical area(s) where services are provided, etc.) and information in relation with services that they offer (hereafter “Personal Space”).
Internet Users may also access to all Offers published by Professionals and to the whole content of these Offers.
5.2 Information to which only Users can access
Provided that they have accepted these ToU as stipulated in article 4, Users can access to Professionals’ personal details (email address, fixed and/or mobile phone numbers, etc.) and to contact them, in particular to obtain additional information on their Service Offers.
Users can identify Professionals who provide information or provide services that best match their needs and expectations based on, inter alia, the nature of the services offered, the geographical area(s) where such services are offered, Professionals’ Qualifications, etc.
Users can sort Professionals’ offers based on multiple criteria (dates, geographical areas, activities, etc.).
Article 6 : Assessment of Professionals by Users
Users can assess Services provided by Professionals if they have used their services by publishing a Comment on their Personal Space.
6.1 Validation and publication of Comments related to Professionals
Comments from users are not subject to any form of prior moderation.
Comments published by Users shall comply with the following conditions:
- Be compliant with these ToU, 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. will 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 these ToU, in particular this article or article 7 of these ToU, 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 8.4 of these ToU), 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 needed, the Company will delete a Comment if it considers that it does not comply with this article or article 7 of these ToU, and take any measure that is necessary in accordance with article 9 of these ToU.
6.2 Status of Comments
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 7 : Use of the Website by Users
Users undertake to use the Website exclusively for their personal needs and for non-profitable purposes. It is strictly prohibited to use the Website for commercial or advertising purposes.
Users undertake not to communicate to any Third Party Professionals’ contact details to which they have had access on the Website.
Users can reproduce brand names, trade names, signs or Links only for information purposes and specifically undertake neither to denigrate said brand names, companies or websites nor to call for a boycott. More generally, Users undertake not to disclose or publish, send or transmit any Link directing towards websites or any content that may be contrary to these ToU.
Users 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 8 : Undertakings of the Company
8.1 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 Users recognize and expressly accept.
The Website’s functionalities are standard and are in no event offered in consideration of a particular User’s needs, expectations or personal constraints, and may not be adapted to the needs, expectations or personal constraints of certain Users.
8.2 Skills of the Professionals
When registering to the Website, Professionals shall provide the Company with their Qualifications, for instance by sending a scanned copy of their diplomas and other relevant documents.
However, the Company does not check, under no circumstances, the validity or the authenticity of these Qualifications and other documents from Professionals, and Users are specifically invited to require themselves these documents to check their validity and authenticity prior to accepting Services from Professionals.
Users are expressly informed that the Company does not check, under no circumstances, that Professionals benefit from an insurance policy covering the risks related to the Services they offer.
Thus, Users are expressly invited to check, prior to accepting the Services offered by Professionals, (i) that Professionals benefit from an insurance policy covering all risks related to the Services they Offer and (ii) that themselves benefit from a proper insurance policy covering all risks related to the activities they are considering.
8.4 Lack of moderation
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, Users and Internet Users are called upon to report to the Company of any illegal Content. Such notification can be done through a form in which Users or Internet Users 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 ToU, it may take any action, including deleting the Content at stake and/or the account of the Professional concerned, in accordance with article 9 of these ToU.
8.5 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.
8.6 Use and maintenance of the Website
Les Utilisateurs déclarent bien connaître internet, ses caractéristiques et ses limites et reconnaissent que les transmissions de données sur internet ne bénéficient pas d'une fiabilité technique absolue, que les données circulant sur internet ne sont pas protégées contre des détournements éventuels, et qu'ainsi la communication de toute information est effectuée par les Utilisateurs à leurs risques et périls.
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.
Article 9 : Sanctions applicable to Users
In case any User fails to comply with any of the provision of these ToU or, more generally, breaches any applicable legal or regulatory provision, the Company may take any appropriate measure, including:
- Delete wholly or partially Comments or Contents published by such User on the Website;
- 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 ToU or in case of emergency, these measures may be taken without any prior action and without informing the User in advance.
In other cases, and to the extent it is possible, the Company will inform the concerned User 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.
Article 10 : Liability of the Company
10.1 Professionals’ Qualifications and skills
As provided for in article 8.2 of these ToU, the Company does not check Professionals’ skills.
As a result, the Company shall not be liable in the following cases:
- lack of validity or authenticity of Professionals’ Qualifications, or if such Qualifications are no longer up to date;
- lack of skills or level of experience of Professionals;
- unsatisfactory quality of the services offered by Professionals.
As provided for in article 8.3 of these ToU, the Company does not check that Professionals benefit from an insurance policy covering risks in relations to the Services they offer, and Users shall ensure that themselves are covered by their own insurance policy for the risks related to the activities they consider, or that the Professionals’ insurance policy cover such risks.
Thus, the Company shall not be liable for any damage that would be related to:
- the lack of insurance by a Professional or the fact that a specific risk is excluded from the insurance of a Professional;
- the lack of insurance by a User, or the fact that a specific risk is excluded from the insurance of a User.
10.3 Risks related to Services and activities offered by professionals
Users are specifically informed that Services offered by Professionals may present a risk or be dangerous, in particular depending on the nature of the activity or the Users’ health or experience. Such risks may also be related to weather conditions, avalanches risks, flooding, rockslide, fire, etc.
Thus, Users shall request Professionals information on the nature of the risks related to the activities that they consider undertaking, including with regards to their health and experience. In this regards, Users shall provide Professionals with all information in relation with their health and level of experience that may be necessary to determine their ability to undertake any given activity.
Users who accept Services offered by professionals do so at their own risks and specifically accept the risks related with such activities.
10.4 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 8.6 of these ToU.
10.5 Issues in relation with Contents
As indicated in article 8.4 of these ToU, 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 User to make all necessary or appropriate verifications prior to conduct any transaction with a Third-Party.
10.6 Difficulties between Users and Professionals
As indicated in articles 2 and 8.5 of these ToU, 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 Professionals. 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 User does not find any Professional to provide him or her the services he is looking for.
Finally, the Company shall not be liable towards any Third-Party 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.
10.7 Use of information available on the Website
Users 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.
10.8 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 Users in the following events :
- in case of breach by Users of these ToU, and in particular provisions from its article 7;
- in case of gross negligence, fraud or deceit from Users;
- in case of faults or damages caused by Third-Parties (including the Company’s subcontractors and providers);
- in 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.
10.9 Limitation of the Company’s liability
In the event when, despite the provisions of this article 10 of these ToU, 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 11 : Users’ liability
Users 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 ToU or the applicable law and regulations.
Users warrants the Company against any plaints, consequences, claims, actions and/or demands that the Company may experience in relation with a violation by Users of any of the provision of these ToU or the applicable law and regulations, including court fees and lawyers’ fees.
Article 12 : Advertisement
The Company shall not be liable for the transactions between Users and any advertiser, professional or trader, to which Users 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 13 : The Company’s Intellectual Property rights
Users recognize 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 Users. 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 14 : Termination of these ToU by Users
Users may terminate their contractual relationship with the Company that was entered into upon acceptance of these ToU at any time and without any prior notice. Users formalize such termination by sending an email to the Company at the email address provided for in these ToU.
Provisions of articles 6, 7, 10, 11 and 13 of these ToU shall survive the termination of these ToU.
Article 15 : Personal data
The proper functioning of the Website relies on the collecting of information concerning Users. Such data are collected when Comments are published or when Users report an abusive Content under article 8.4 of these ToU.
Personal data collection, processing and use are implemented only if Users accept these ToU and therefore expressly accept the use of such data. The consent required from Users is registered on the Company’s database.
Data collected may be used 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 or Third Parties and related to the Website;
- sending of surveys on customers’ satisfaction;
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 User 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 User 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 User 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 ToU or by using the contact form available on the Website.
To exercise this right, Users shall send to the Company the elements communicated when publishing the Comment(s) on the Website or when Users report an abusive Content under article 8.4 of these ToU as well as a sworn written statement in which they certify that they are the author of the Comment or the reporting as well as a copy of proof of identity.
Article 16 : Cookies
To ease the use of the Website, Cookies may be used by the Company, for instance to record Users’ search criteria.
A setting of its browsers enables Users to refuse the saving of cookies. However, Users are informed that refusals to save cookies may disrupt the use of the Website.
Article 17 : Modification of these ToU
The Company may, at any time and under its sole discretion, modify these ToU 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 Users’ ability to access some existing or new services or some contents or functionality of the Website.
Users will be informed of these modifications through any appropriate mean, including by an information provided when accessing the Website and, if necessary, with a reasonable notice.
After notification of the modifications made to these ToU, Users continuing to use the Website are deemed to have accepted such modifications.
Article 18 : Unenforceability of certain provisions of these ToU
If a part of these ToU (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 19 : Language
Only the French version of these ToU are applicable, regardless of Users’ nationalities.
The English version of these ToU, or any other non-French version of these ToU, is a translation provided for information only.
Article 20 : Applicable law and jurisdictions
These ToU are governed by French law.
For any litigation in relation with the formation, the validity, the interpretation, the performance or the termination of these ToU between Users 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 User 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.
Users 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.