PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
INSTRUCTORS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRY, REGION AND RESORT. INSTRUCTORS SHOULD REVIEW LOCAL LAWS BEFORE CREATING AN INSTRUCTOR PROFILE ON MAISON SPORT.
Last Updated: 11 January 2017
TERMS OF SERVICE
By using the Site and Services you are contracting with Sport Maison Limited, hereinafter referred to as "Maison Sport", "we", "us", or "our").
THE SITE COMPRISES OF AN ONLINE PLATFORM THROUGH WHICH INSTRUCTORS MAY CREATE PROFILES AND SELL THEIR INSTRUCTION SERVICES AND RIDERS MAY LEARN ABOUT AND BOOK INSTRUCTION SERVICES DIRECTLY WITH THE INSTRUCTORS. YOU UNDERSTAND AND AGREE THAT MAISON SPORT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN INSTRUCTORS AND RIDERS, NOR IS MAISON SPORT A SKI OR SNOWBOARD SCHOOL OR TRAINING CENTRE. MAISON SPORT HAS NO CONTROL OVER THE CONDUCT OF INSTRUCTORS, RIDERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY RESORTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Maison Sport Content" means all Content that Maison Sport makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Rider (as determined by Maison Sport in its sole discretion), within which an Instructor may decide whether to confirm or reject that booking request, as stated on the Site. "Collective Content" means Member Content and Maison Sport Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
“Instruction Services” means ski or snowboard lessons, guiding or advice given by a professional ski or snowboard instructor and sold in time increments. "Instructor" means a Member who creates an Instructor Profile via the Site.
“Instructor Profile” means the description of the instructor and details of availability and pricing shown on the Site. "Member" means a person who completes Maison Sport's account registration process, including but not limited to Instructors and Riders, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Instructor Profile or Member profile to be made available through the Site. "Rider" means a Member who requests from an Instructor a booking of Instruction Services via the Site. “Ski Teaching Regulations” means any local, state or governmental laws, requirements or rules, that an instructor must comply with, to provide Instruction Services in their resort/s. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), Instructors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Maison Sport reserves the right, at its sole discretion, to modify the Site or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site is intended solely for persons who are aged 18 or older. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
How the Site Works
The Site can be used to facilitate the booking of Instruction Services. Such Instructors are included in Instructor Profiles on the Site. You may view Instructor Profiles as an unregistered visitor to the Site; however, if you wish to book Instruction Services or create a Profile, you must first register to create a Maison Sport Account (defined below).
As stated above, Maison Sport makes available an online platform or marketplace with related technology for Instructors and Riders to meet online, and arrange for bookings of Instruction Services directly with each other. Maison Sport is not a ski or snowboard school and has no temporary or permanent employment contract with the Instructor. Unless explicitly specified otherwise in the Maison Sport platform, Maison Sport’s responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited payment collection agent of each Instructor for the purpose of accepting payments from Riders on behalf of the Instructor.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE IS INTENDED TO BE USED TO FACILITATE INSTRUCTORS AND RIDERS CONNECTING AND BOOKING INSTRUCTION SERVICES DIRECTLY WITH EACH OTHER. MAISON SPORT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY INSTRUCTOR PROFILES AND THE QUALITY, LEGALITY OR SUITABILITY OF ANY INSTRUCTION SERVICES. MAISON SPORT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL INSTRUCTOR PROFILES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and to book Instruction Services or create a Profile, you must register to create an account ("Maison Sport Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site, you may link your Maison Sport Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Maison Sport through the Site; or (ii) allowing Maison Sport to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Maison Sport and/or grant Maison Sport access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Maison Sport to pay any fees or making Maison Sport subject to any usage limitations imposed by such third-party service providers. By granting Maison Sport access to any Third-Party Accounts, you understand that Maison Sport will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your Maison Sport Account and Maison Sport Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Maison Sport Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Maison Sport's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Maison Sport makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Maison Sport is not responsible for any SNS Content.
Your Maison Sport Account and your Maison Sport Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Maison Sport Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Maison Sport reserves the right to suspend or terminate your Maison Sport Account and your access to the Site if you create more than one (1) Maison Sport Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Maison Sport Account, whether or not you have authorised such activities or actions. You will immediately notify Maison Sport of any unauthorised use of your Maison Sport Account.
As a Member, you may create an Instructor Profile. To create an Instructor Profile, you will be asked a variety of questions including, but not limited to, the resort and country that you offer your services, capabilities, languages spoken, qualifications, experience and availability of the Instruction Services and pricing and related rules and financial terms. Instructor Profiles will be made publicly available via the Site. Other Members will be able to book your Instruction Services via the Site, based upon the information provided in your Instructor Profile. You understand and agree that once a Rider requests a booking of your Instructor Services, you may not request the Rider to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for your Instructor Profile and Member Content you post. Accordingly, you represent and warrant that the Instruction Services detailed on your Instructor Profile (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Instruction Services included in an Instructor Profile you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Maison Sport assumes no responsibility for an Instructor's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Maison Sport reserves the right, at any time and without prior notice, to remove or disable access to any Instructor Profile for any reason, including Instructor Profiles that Maison Sport, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site.
If you are an Instructor, you understand and agree that Maison Sport does not act as a Ski or Snowboard School. If a Rider requests a booking of your Instruction Services, any agreement you enter into with such Rider is between you and the Rider and Maison Sport is not a party to it. Notwithstanding the foregoing, Maison Sport serves as the limited authorised payment collection agent of the Instructor for the purpose of accepting, on behalf of the Instructor, payments from Riders of such amounts stipulated by the Instructor.
Maison Sport insists that Instructors obtain appropriate insurance for their Instruction Services. Please review any insurance policy that you may have for your Instruction Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
Maison Sport does not endorse any Member or any Instruction Services. Members are required by these Terms to provide accurate information, and although Maison Sport may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Maison Sport about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Maison Sport with respect to such actions or omissions. This limitation shall not apply to any claim by an Instructor against Maison Sport regarding the remittance of payments received from a Rider by Maison Sport on behalf of an Instructor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
General Booking and Financial Terms
"Instruction Services Fees" means the amounts that are due and payable by a Rider in exchange for the Instructor’s Instruction Services. The Instructor alone, and not Maison Sport, is responsible for the Instruction Services Fees.
"Instructor Fees" means the fee that Maison Sport charges an Instructor for the use of the Services, which is calculated as a percentage of the applicable Instruction Services Fees. The Instructor Fees will be displayed to the Instructor when the Instructor is asked whether to confirm or reject a booking request from a prospective Rider.
"Rider Fees" means the fee that Maison Sport charges a Rider for the use of the Services, which is calculated as a percentage of the applicable Instruction Services Fees. The Rider Fees will be displayed to the Rider when the Rider is asked whether to send a booking request to an Instructor.
"Service Fees" means collectively the Rider Fees and the Instructor Fees.
"Total Fees" means collectively the Instruction Services Fees and the Rider Fees plus any Taxes.
General Booking and Financial Terms for Instructors and Riders
If you are an Instructor and a booking is requested for your Instruction Services via the Site, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, we will share with you (i) the first and last name of the Rider who has requested the booking, (ii) a link to the Rider's Maison Sport Account profile page. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Maison Sport for the requested booking will be refunded to the applicable Rider's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Rider, Maison Sport will send you an email confirming such booking.
Maison Sport will collect the Total Fees at the time of booking confirmation (i.e. when the Instructor confirms the booking request) and will initiate payment of the Instruction Services Fees (less Maison Sport's Fees and any Taxes, such as VAT in Europe) to the Instructor within 36 hours of when the Instructions Services take place (except to the extent that a refund is due to the Rider). The time it takes for the Instructor to receive payouts may depend upon the payout method chosen by the Instructor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Instructor, including by deducting their charges from the payout amount.
Each Instructor hereby appoints Maison Sport as the Instructor's limited payment collection agent solely for the purpose of accepting the Instruction Services Fees from Riders. By agreeing to the Maison Sport Terms of Service, each Instructor also agrees to the MANGOPAY Payment Service Framework Agreement General Terms and Conditions, located at the end of these Terms in Appendix 1.
Each Instructor agrees that payment made by a Rider through Maison Sport, shall be considered the same as a payment made directly to the Instructor, and the Instructor will make the Instruction Services available to the Rider in the agreed-upon manner as if the Instructor has received the Instruction Services Fees. Each Instructor agrees that Maison Sport may, in accordance with the cancellation policy selected by the Instructor and reflected in the relevant Instructor Profile, (i) permit the Rider to cancel the booking and (ii) refund the Rider that portion of the Instruction Services Fees specified in the applicable cancellation policy. Each Instructor understands that as Maison Sport accepts payments from Riders as the Instructor's limited payment collection agent and that Maison Sport’s obligation to pay the Instructor is subject to and conditional upon successful receipt of the associated payments from Riders. Maison Sport does not guarantee payments to Instructors for amounts that have not been successfully received by Maison Sport from Riders. In accepting appointment as the limited authorised agent of the Instructor, Maison Sport assumes no liability for any acts or omissions of the Instructor.
The Instructors, not Maison Sport, are solely responsible for honouring any confirmed bookings and making available any Instruction Services reserved through the Site. If you, as a Rider, choose to enter into a transaction with an Instructor for the booking of Instruction Services, you agree and understand that you will be required to enter into an agreement with the Instructor and you agree to accept any terms, conditions, rules and restrictions associated with such Instruction Services imposed by the Instructor. You acknowledge and agree that you, and not Maison Sport, will be responsible for performing the obligations of any such agreements, that Maison Sport is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Maison Sport disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Maison Sport is not a party to the agreement between you and the Instructor, Maison Sport acts as the Instructor's payment collection agent for the limited purpose of accepting payments from you on behalf of the Instructor. Upon your payment of the Total Fees to Maison Sport, your payment obligation to the Instructor for the Instruction Services Fees is extinguished, and Maison Sport is responsible for remitting the Instruction Services Fees (less the Service Fees), in the manner described in these Terms. In the event that Maison Sport does not remit any such amounts as described in these Terms, such Instructor will have recourse only against Maison Sport.
The Total Fees payable will be displayed to a Rider before the Rider sends a booking request to an Instructor. As noted above, the Instructor is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Instructor), any amounts collected by Maison Sport will be refunded to such Rider, depending on the selections the Rider makes via the Site, and any pre-authorisation of such Rider's credit card will be released, if applicable.
You as a Rider agree to pay Maison Sport for the Total Fees for any booking requested in connection with your Maison Sport Account if such requested bookings are confirmed by the applicable Instructor. In order to establish a booking, pending the applicable Instructor's confirmation of your requested booking, you understand and agree that Maison Sport, on behalf of the Instructor, reserve the right, in its sole discretion, to obtain a pre-authorisation via your credit card for the Total Fees. As a general rule, Maison Sport will collect the Total Fees due once Maison Sport receives confirmation of your booking from the applicable Instructor; if necessary, Total Fees may instead be collected at a later point. Please note that Maison Sport cannot control any fees that may be charged to a Rider by his or her bank related to Maison Sport's collection of the Total Fees, and Maison Sport disclaims all liability in this regard.
In consideration for the use of Maison Sport's online marketplace and platform, Maison Sport charges Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Instructor Fees and Rider Fees. Maison Sport deducts the Instructor Fees from the Instruction Services Fees before remitting the balance to the Instructor as described in these Terms. Rider Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Maison Sport to Instructors via PayPal, direct deposit or other payment methods, as described on the Site, the remittance currency is determined by the Instructor’s Main Resort (as listed in their Instructor Profile) and the country’s denominated currency for where such Main Resort is located.
Cancellations and Refunds
If, as a Rider, you cancel your requested booking before the requested booking is confirmed by a Instructor, Maison Sport will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Rider, you wish to cancel a confirmed booking made via the Site, either prior to or after the Instruction Services take place, the cancellation policy of the Instructor contained in the applicable Instructor Profile will apply to such cancellation. Our ability to refund the Instruction Services Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Rider Fee is non-refundable regardless of the cancellation policy selected by the Instructor.
If an Instructor cancels a confirmed booking made via the Site, (i) Maison Sport will refund the Total Fees for such booking to the applicable Rider within a commercially reasonable time of the cancellation and (ii) the Rider will receive an email or other communication from Maison Sport containing alternative Instructor Profiles and other related information. If the Rider requests a booking from one of the alternative Instructor Profiles and the Instructor associated with such alternative Instructor Profile confirms the Rider's requested booking, then the Rider agrees to pay Maison Sport the Total Fees relating to the confirmed booking for the Instruction Services in the alternative Instructor Profile, in accordance with these Terms. If a Instructor cancelled a confirmed booking and you, as a Rider, have not received an email or other communication from Maison Sport, please contact Maison Sport.
If, as a Instructor, you cancel a confirmed booking, you agree that Maison Sport may apply penalties or consequences to you or your Instructor Profile, including (i) publishing an automated review on your Instructor Profile indicating that a booking was cancelled, (ii) keeping the calendar for your Instructor Profile unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. At Maison Sport’s sole discretion, penalties may not be applied in the event that you have cancelled a confirmed booking due to an extenuating circumstance. To avoid a penalty, you must contact Maison Sport to explain your extenuating circumstances, and must also supply paperwork to prove the extenuating circumstances, if you cannot supply adequate proof, Maison Sport reserves the right to apply a penalty to your Instructor Profile. Extenuating circumstances include but are not limited to; Family death; Illness or Injury.
Maison Sport and Instructors cannot be held liable for circumstances beyond our control, including but not limited to; bad weather and piste or course closures. If a lesson cannot take place due to these circumstances, it is not our policy to offer a refund. Please ensure you, as a rider, have adequate insurance cover in place to indemnify you, in such circumstances.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as an Instructor understand and agree that you are solely responsible for determining your applicable Tax reporting requirements. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Maison Sport cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon a request from an Instructor, Maison Sport may issue a valid VAT invoice to such Instructor.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Instruction Services are located may require Taxes to be collected from Riders or Instructors on the amount paid for the use of Instruction Services, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Instruction Services Fees set by Instructors.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Maison Sport.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Collective Content. In connection with your use of the Site and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Ski Teaching Regulations and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site or Collective Content;
use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
harass any other user of our Site or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Maison Sport Rider or Instructor;
offer, as an Instructor, any Instruction Services that you will not be delivering yourself (without limiting the foregoing, you will not list Instruction Services as a Instructor if you are serving in the capacity of a ski school or agent for a third party);
register a Maison Sport Account, as an Instructor, offering Instruction Services, if you do not have the correct license, qualifications or local or national required registration documents, to deliver Instruction Services;
register for more than one Maison Sport Account or register for a Maison Sport Account on behalf of an individual other than yourself;
contact an Instructor for any purpose other than asking a question related to a booking, such Instructor's Instruction Services or Instructor Profile;
contact a Rider for any purpose other than asking a question related to a booking or such Rider's use of the Site;
recruit or otherwise solicit any Instructor or other Member to join third-party services or websites that are competitive to Maison Sport, without Maison Sport's prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site or Collective Content;
use the Site or Collective Content to find an Instructor or Rider and then complete a booking of Instruction Services independent of the Site, in order to circumvent the obligation to pay any Service Fees related to Maison Sport's provision of the Services or for any other reasons;
as an Instructor, submit any Instructor Profile with false or misleading price information, or submit any Instructor Profile with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Collective Content, or any individual element within the Site or Collective Content, Maison Sport's name, any Maison Sport trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Maison Sport's express written consent;
access, tamper with, or use non-public areas of the Site, Maison Sport's computer systems, or the technical delivery systems of Maison Sport's providers;
attempt to probe, scan, or test the vulnerability of any Maison Sport system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Maison Sport or any of Maison Sport's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
accept or make a payment for Instruction Services Fees outside Maison Sport. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Maison Sport harmless from any liability for such payment.
Maison Sport has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Maison Sport may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Maison Sport or to comply with legal process (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Maison Sport, its users, or members of the public. You acknowledge that Maison Sport has no obligation to monitor your access to or use of the Site or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Maison Sport reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Maison Sport, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
The Site and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights, are the exclusive property of Maison Sport and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Collective Content.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Maison Sport is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Maison Sport of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Maison Sport used herein are trademarks or registered trademarks of Maison Sport. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Suspension, Termination and Maison Sport Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Maison Sport Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Maison Sport Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your Maison Sport Account, your Member Content, or receive assistance from Maison Sport Customer Service, (b) any pending or accepted future bookings as either Instructor or Rider will be immediately terminated, (c) we may communicate to your Riders or Instructors that a potential or confirmed booking has been cancelled, (d) we may refund your Riders in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Riders to inform them about potential alternate Instruction Services with other Instructors that may be available on the Site and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Maison Sport Account. You may cancel your Maison Sport Account at any time via the "Delete Account" feature of the Services or by sending us an email. Please note that if your Maison Sport Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAISON SPORT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RIDERS AND INSTRUCTORS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAISON SPORT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAISON SPORT MAKES NO WARRANTY THAT THE SITE OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE INSTRUCTOR PROFILES OR ANY INSTRUCTION SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAISON SPORT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY INSTRUCTOR PROFILES, INSTRUCTION SERVICES, INSTRUCTORS, RIDERS OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAISON SPORT OR THROUGH THE SITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY INSTRUCTORS OR RIDERS. YOU UNDERSTAND THAT MAISON SPORT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR TO REVIEW ANY INSTRUCTION SERVICES. MAISON SPORT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, RIDERS AND INSTRUCTORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY MAISON SPORT.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COLLECTIVE CONTENT, YOUR INSTRUCTOR PROFILE OR BOOKING OF ANY INSTRUCTION SERVICESS VIA THE SITE AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MAISON SPORT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAISON SPORT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR FROM YOUR INSTRUCTOR PROFILE OR BOOKING OF ANY INSTRUCTION SERVICES VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAISON SPORT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE INSTRUCTORS PURSUANT TO THESE TERMS, IN NO EVENT WILL MAISON SPORT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR INSTRUCTOR PROFILE OR BOOKING OF ANY INSTRUCTION SERVICES VIA THE SITE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INSTRUCTION SERVICES OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AS A RIDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN INSTRUCTOR, THE AMOUNTS PAID BY MAISON SPORT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAISON SPORT AND YOU.
You agree to release, defend, indemnify, and hold Maison Sport and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of Instruction Services, or (iii) creation of a Instructor Profile; (d) the use of Instruction Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use of Instruction Services.
Complaints and Reporting Misconduct
If you feel an instructor has not completely fulfilled or delivered his/her advertised instruction services, as detailed in their instructor profile and as booked by you, as a rider, then you should contact Maison Sport within 24 hours of the instruction services taking place. Maison Sport will mediate where necessary and will have final say in all disputes.
If you feel a member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Maison Sport by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Maison Sport and you regarding the Site, Collective Content, and any bookings of Instruction Services or Instructor Profiles made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Maison Sport and you regarding any bookings of Instruction Services or Instructor Profiles, the Site, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Maison Sport's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Maison Sport may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Maison Sport (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of England and Wales and all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Courts of England.
The failure of Maison Sport to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Maison Sport. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Contacting Maison Sport
If you have any questions about these Terms, please contact Maison Sport.
Concluded between: The Customer, a natural person being of age and having full capacity, resident in a European Union Member State or in a state party to the Agreement on the European Economic Area or in a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, or a legal person registered in one of these states, acting on his/her/its behalf for commercial, industrial, craft or professional purposes, as a seller of goods or services on the Website,
hereinafter referred to as “the Seller”, on one hand; and
Leetchi Corp. S.A., a public limited company governed by Luxembourg law, with a capital of 500,000 euros, whose registered office is located at 59 Boulevard Royal, L-2449 Luxembourg and registered in the Luxembourg Trade and Companies Register under the number B173459, approved as an E-money institution, including the license to offer payment account services, by the Financial Sector Supervisory Commission (CSSF), 110 route d’Arlon L-1150 Luxembourg, www.cssf.lu, and authorised to carry out its business in Europe,
hereinafter referred to as “the Service Provider”, on the other hand; hereinafter collectively referred to as the “Parties”.
The Seller is advised to carefully read these General Terms and Conditions and the Special Conditions, which together form the “Framework Agreement” and which have been communicated to the Seller on the Website, before accepting them. The Seller is informed that the language used for communicating with the Service Provider is French, English or German.
For the purposes hereof, the terms hereafter are defined as follows:
Banks: Credit institutions in charge of the protection of funds collected by the Service Provider on behalf of the Seller. These funds are held in a holding account that has been opened for this purpose. The designated institution is currently ING Luxembourg. The Service Provider reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at the Service Provider. Buyer: Any legal entity or natural person having purchased goods or services offered for sale on the Website and used Accepted Payment Methods to transfer funds. Card: Bank, payment or credit card linked to one of the following networks: Visa, MasterCard or CB. Accepted Payment Methods: Means a payment by Card, by bank wire transfer or by any other means accepted by the Service Provider in order to pay the purchase price for products bought via the Website to the Payment Account which the Seller holds with the Service Provider. European Economic Area: Means the economic area comprising the member states of the European Free Trade Association (EFTA) – Iceland, Liechtenstein and Norway – and all member states of the European Union (EU). General Terms and Conditions: Means the present document. Pricing Conditions: Means the document comprising all the fees due by the Seller for the use and management of the Payment Account, especially for transfer of funds and transactions carried out in connection with the Payment Account. The Pricing Conditions are included in the Website’s pricing on the Website’s General Terms and Conditions. Special Conditions: Means the form to be completed by the Seller on the Website, notably including the Pricing Conditions applicable to the payment services. Website’s General Terms and Conditions: Means the general terms and conditions of use of the Website, concluded between the Website user and the Platform, notably governing access to the Website. Framework Agreement: Means the payment service framework agreement formed as a result of these General Terms and Conditions and the Special Conditions. Payment Account or Account: Account managed by the Service Provider on behalf of a Seller and used for the purposes of executing Payment Transactions. Under no circumstances may the Payment Account be compared to a deposit account. Seller: Means any legal entity or natural person acting on its/his/her own behalf as a seller of goods and/or services on the Website. Platform: Means the company which operates the Website. The Platform prepares, facilitates and advises Sellers for the purpose of concluding the Framework Agreement through the Website. The Service Provider has appointed the Platform as an agent for its payment services (within the meaning of Art. 4 para. 24 of the European Payment Services Directive I, 2007/64/EC of 13 November 2007) with the Luxembourg Financial Sector Supervisory Commission (CSSF). The Service Provider remains responsible vis-à-vis the Sellers for any payment activities delegated to the Platform in its role as an agent. Business Day: Means a calendar day with the exception of Saturdays, Sundays and public holidays in France, Luxembourg and Germany, on which the payment infrastructures of these countries and Banks used carry out their regular business activities. Payment Transaction: Means a transfer of money from the Payment Account of a Seller to his/her regular bank account. The Service Provider will initiate a Payment Transaction automatically and without further involvement of the Seller in each case where money is completely available, less the fees owed by the Seller under this Framework Agreement. Website: Means the website with the URL www.maisonsport.com or other associated Top Level Domains operated by the Platform. Seller: Means a person selling goods via the Website on behalf of which a Payment Account is opened in order to receive payments from Buyers.
These General Terms and Conditions aim to define the conditions in which the Service Provider supplies payment services to the Seller in return for remuneration as defined in Article 17 herein and according to the applicable Special Conditions.
These payment services include: * Opening and management of a Payment Account,
Credited to the Payment Account: registration of funds transferred by Accepted Payment Methods by Buyers,
Debited from the Payment Account: the execution of transfers to the bank account of the Seller (Payment Transaction), the collection of fees owed pursuant to this Framework Agreement, the reversal of transfers of funds made by a Buyer by Accepted Payment Methods.
The Account shall not be subject to any overdraft, advance, credit or discount. The Service Provider has authorised the Platform to facilitate the conclusion of this Framework Agreement with each Seller and to support the Sellers throughout their relations with the Service Provider. The Service Provider remains responsible vis-à-vis the Sellers for any payment activities delegated to the Platform.
These General Terms and Conditions and the Special Conditions constitute the entire Framework Agreement concluded between the Parties for the use of payment services and the opening and management of the Payment Account by the Service Provider.
The Seller may, at any time and at no cost, obtain a copy of these documents by accessing the Website. In case of a dispute between the Parties, the Framework Agreement shall prevail.
3. Opening an Account
3.1 Conditions required for and prior to opening an Account
Any natural person of at least 18 (eighteen) years of age, of legal capacity, as well as any legal person, resident or registered in a member State of the European Union or in a state that is party to the agreement relating to the European Economic Area, or in a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, may send a request to open an Account, provided that the person is registered on the Website as a Seller.
3.2 Procedure for registering and opening an Account The Seller must provide the Service Provider, through the Platform, with:
his/her surname, first name, address, email address, date of birth and nationality, (for natural persons) or
the company name, corporate form, capital, the address of its registered office, the description of its business activity, the identity of partners and company executives, as well as the list of beneficial owners as defined by the regulations, a company registration certificate dated less than three months and the articles of association (for legal persons), if this information has not already been provided to the Platform or if the Seller does not authorise the Platform to communicate it to the Service Provider.
Pursuant to the laws for the prevention of money laundering and terrorism financing, the Service Provider is obliged to identify every Seller and to collect certain documents and information in this regard.
The minimum documents required by the Service Provider for any Seller who is a natural person, are the following:
a copy of a currently valid official document proving the Seller’s identity (for example: identity card, driving licence, and, for third-country nationals in the European Union, a passport),
an original copy or a copy of an extract from the official register, dated not more than three months, recording the Seller’s registration in the national directory of trades or any other organisation with which the Seller is required to register.
The documents required for any Seller who is a legal entity in accordance with the foregoing are the following:
original copy or copy of an extract from the official register, dated not more than three months, recording the name, legal structure, address of the registered office and identity of the partners and company executives mentioned in paragraphs 1° and 2° of Article R.123-54 of the Commercial Code or their equivalent codes under foreign law;
a copy of the Articles of Association and any decisions appointing the certified true legal representative;
a copy of the legal representative’s identity card or passport and, if and where appropriate, of the beneficial owner.
It is expressly provided that the Service Provider retains the option to request, at any time, any additional documents concerning the Seller, the beneficial owner or a specific Payment Transaction.
The Seller provides the bank account information relating to an account opened in his/her name with a bank established in a member State of the European Union or in a State party to the agreement on the European Economic Area or in a third-party country imposing equivalent obligations in terms of the prevention of money laundering and the financing of terrorism. Payment Transactions will be carried out from the Payment Account to such a bank account only.
After carefully reading the Framework Agreement, the Seller must accept it according to the procedures provided for by the Website and provide all information and supporting documents that are requested from him/her by the Service Provider through the Platform. By agreeing to the terms of the Framework Agreement, the Seller accepts that the Platform will transmit to the Service Provider his/her application for registration as a Seller and all supporting documents received by it.
Only the Service Provider can - within an inspection period of three (3) Business Days – accept the registration of a Seller as a customer of the Service Provider and open an Account in his/her name. The Service Provider may, without stating reasons and with no right to compensation for the Seller, refuse an application to register and to open an Account. After completion of the inspection, the Service Provider will inform the Platform about the result. The Platform will notify the Seller of the result by any means in accordance with the terms specified on the Website.
The Seller declares at the time of transmission of his/her registration request to the Platform and for the whole duration of the Framework Agreement:
(a) that he/she is at least 18 (eighteen) years of age and of legal capacity or that his/her establishment is validly incorporated in the form of a company,
(b) that he/she is acting on his/her own behalf;
(c) that all information provided at the time of his/her registration is sincere, accurate and up-to-date.
As per the discretion of the Service Provider, the use of a Payment Account may be limited without the Service Provider having to justify its decision to the respective Seller.
After being registered as a customer of the Service Provider, the Seller may login with his/her Website account and password. The Seller is fully responsible for maintaining the confidentiality of his/her login details. He/she accepts not to use the name or login details of another person at any time, nor disclose his/her login details to a third party. The Seller accepts to immediately notify the Platform, in the event that he/she suspects unauthorised use of his/her login details He/she alone is responsible for any use of his/her login details.
4. Operation of the Payment Account
The sums transferred by Accepted Payment Methods by the Buyers are credited to the Payment Account opened on behalf of the designated Seller. The sums debited from the Payment Account result from
(i) the execution of Payment Transactions to a regular bank account opened in the Seller’s name at a bank supervised by an Authority of a European Union member state or a European Economic Area state or a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism,
(ii) the collection by the Service Provider of the fees owed by the Seller under the Framework Contract or,
(iii) the reversal of a transaction made by a Buyer by Accept Payment Methods.
4.1 Registration of sums transferred by Accepted Payment Methods by the Buyers and credited to the Account.
Payment of the price of goods or services purchased on the Website by a Buyer may be made by Accepted Payment Methods, in one or more instalments. When the Buyer wishes to carry out such a transaction, the Buyer logs in to the Website and enters the transfer order for the funds on a payment page dedicated for this purpose. For any payment, the Buyer may be asked to enter a single-use code notified to his/her mobile phone for the attention of the institution having issued the Card. If and where appropriate, it is the responsibility of the Service Provider to refuse any payment at its discretion and without this decision giving rise to any compensation. The transfer of funds by Card is executed by the institution having issued the Card. Any dispute surrounding such a transfer must be notified to the aforementioned institution. The Service Provider is not authorised to cancel such a transfer.
The Seller is informed that acceptance of a transfer order for payment by Accepted Payment Methods by the Service Provider does not guarantee that the Seller will receive the corresponding funds in his/her Account. The registration of funds into the Seller’s Payment Account is conditioned upon actual receipt by the Service Provider of the funds collected minus the fees agreed in the Special Conditions.
In the absence of receipt of funds for technical reasons, the Service Provider will make every effort to complete the transaction. In the absence of receipt of funds for any other reason, the Service Provider will inform the Seller within 48 hours that it has been unable to credit the Seller’s Account with the expected amount, so that he/she can contact the Buyer.
In the event that the transfer of funds by Card registered in the Seller’s Account is cancelled by the issuer of the Card following a dispute with the Buyer, the Seller accepts that the Service Provider may reverse any transfer of funds by Card by debiting the corresponding amount from the Payment Account. The Seller acknowledges that such a dispute may be brought to the attention of the Card issuer until the expiry of a maximum period of 13 months following the debit date of the account with which said Card is associated. The Service Provider may, in the absence of sufficient funds in the Account and in order to carry out such a reversal, suspend or cancel any Payment Transaction, or, if necessary, have the Seller’s rights subrogated and proceed with the collection of sums owed by the Buyer by any means.
The Seller may, at any time, instruct the Service Provider to cancel a transfer of funds by Accepted Payment Methods, in order to repay a designated Buyer the purchase price of goods or services under the sales conditions adopted by each Seller. The Seller identifies himself on the Website by indicating his/her user name and password. In his/her personal Website account, the Seller indicates the repayment, the Buyer to be recredited and any other information required.
In case of payment by Card, the repayment transaction is carried out by the Service Provider by crediting the Card used by the Buyer within the limits of the rules of each network and within five business days following receipt by the Service Provider of the request for repayment. In case of other Accepted Payment Methods, the Service Provider will repay the Buyer corresponding to the Accepted Payment Method used by the Buyer for his/her payment. Where the Service Provider requires the bank details of a Buyer in order to carry out the repayment, the Platform will contact the Buyer and provide the Service Provider with the respective bank details.
4.3 Execution of Payment Transactions
The sums credited to the Payment Account will be transferred automatically to the bank account of the Seller – less fees owed by the Seller under this Framework Agreement – as soon as the following conditions are met:
The purchased good for which the sums have been payed has been delivered to the Buyer according to the delivery service; and
The 14 days withdrawal period has expired without the Buyer executing his right of withdrawal.
As soon as these conditions are met, the Service Provider will transfer the respective amount from the Payment Account to the Seller’s bank account automatically and without the requirement of the Seller’s further activity.
5. Blocking of login details, Transaction dispute and Reporting
5.1 Blocking of login details
The Payment Account is accessible only via the Website with the same login details used for access to the personal Website account of each Seller. Therefore, the Seller must inform the Platform of the loss or theft of his/her login details, misappropriation or any unauthorised use of them or of his/her data without undue delay in order to request that the login details be blocked. The blocking request must be made in accordance with the General Terms and Conditions of the Website.
The Platform will execute the blocking request for the concerned login details to the Website in accordance with the General Terms and Conditions of the Website. As the Payment Account is accessible only via the Website, the Account will not be reachable after the login details are blocked. The Platform will inform the Service Provider without undue delay about the blocking of the login details for the Website. As the unauthorised use of login details normally can’t result in a misuse of the Payment Account, Payment Transactions will usually not be stopped due to a blocking of login details. Nonetheless, the Service Provider in coordination with the Platform can block the Payment Account in the event of special circumstances which justify blocking the Account and stopping Payment Transactions.
The Service Provider and the Platform shall not be held liable for any consequences arising from blocking by fax or e-mail which was not sent by the Seller.
5.2 Disputing a Transaction
For any complaint relating to the Payment Transactions executed by the Service Provider as part of this Framework Agreement, the Seller is advised to contact the Platform’s customer service or the address indicated for this purpose in the Website’s General Terms and Conditions.
If a Payment Transaction is executed by the Service Provider with errors due to its fault, the Payment Transaction will be cancelled and the Account will be restored to its situation prior to execution of the Payment Transaction. The Payment Transaction will then be executed again correctly.
The Seller who wishes to dispute a transaction unauthorised by him/her must contact the Platform’s customer service by telephone as soon as possible following his/her becoming aware of the anomaly and no later than eight (8) weeks following entry of the transaction in the Account. The Platform is responsible for transmitting the dispute to the Service Provider without undue delay. After validation of the legitimacy of the request transmitted by the Platform to the Service Provider, the Service Provider will cancel the transaction and apply a temporary credit to the Account in order to restore it to the state in which it would have been if the disputed transaction had not been carried out. After an investigation into the validity of the dispute, the Service Provider will consequently adjust the Account and is authorised to reverse any Account entry that has been unduly made.
Fees indicated in the Special Conditions may be collected in case of an unjustified dispute of a Payment Transaction.
The Seller may access, at any time, his/her personal page on the Website, showing the amount of money credited to his/her Account but which has not been transferred yet to his bank account as the conditions mentioned in Art. 4.3 are not fully met.
The Seller will be able to consult on his/her personal page on the Website a statement of Payment Transactions made from the Account. He/she is invited to carefully study the list of these Payment Transactions.
The Service Provider shall make available to the Seller, upon written request, a monthly Account statement covering the previous thirteen (13) months.
6. Amendment of the Framework Agreement
The Service Provider reserves the right, at any time, to amend the Framework Agreement. Such amendments are made accessible by the Platform to all Sellers prior to their coming into force.
Any Seller may refuse the amendments proposed and must notify the Platform’s customer service of the refusal by written notice prior to the amendments coming into force.
In case of a refusal of the amendments by the Seller, this refusal will result in the termination of the Framework Agreement, at no cost, and in the transfer of the money held in the Payment Account to the bank account of the Seller. If the Seller does not refuse the amendments, the relationship between the Parties shall be governed by the new version of the Framework Agreement. It is therefore important that the Seller reads his/her e-mails and regularly reads the Framework Agreement available on the Website at any time.
The Service Provider undertakes to provide its services in compliance with the applicable laws and regulations and standard industry practices. Notably, the Service Provider will make every effort to ensure the security and confidentiality of the Seller’s data, in accordance with current regulations in force.
The Service Provider reserves the right to temporarily suspend access to the Account for technical, security or maintenance reasons, without these operations entitling to any compensation. The Service Provider undertakes to limit this type of interruptions to those which are strictly required.
However, the Service Provider shall not be held liable by the Seller for any errors, omissions, interruptions or delays in operations carried out via the Website resulting from unauthorised access to the Website. The Service Provider shall also not be held liable for any theft, loss or unauthorised communication of data resulting from unauthorised access to the Website. Furthermore, the Service Provider remains uninvolved with the legal relationship existing between the Buyer and the Seller. The Service Provider shall not be held liable for any faults, shortcomings or negligence of the Buyer or the Seller towards each other.
The Platform is responsible for the security and confidentiality of data exchanged when using the Website in accordance with the Website’s General Terms and Conditions. The Service Provider is responsible for the security and confidentiality of data that it exchanges with the Seller as part of this Framework Agreement for the creation and management of his/her Account, as well as any Payment Transactions associated with the Account.
8. Limitation of liability of the Service Provider
The Service Provider shall in no way intervene in legal and business relations or in any disputes between the Seller and the Buyer or between the Seller and the Platform. The Service Provider shall exercise no control over the compliance, safety, legality, characteristics and appropriateness of the products subject to a Payment Transaction.
Any transaction carried out by a Seller gives rise to a contract directly formed between himself and the respective Buyer. Consequently, the Service Provider cannot be held liable for the failure to execute or the substandard execution of the resulting obligations or for any damage caused to the Seller.
Notwithstanding any provision otherwise provided for in the Framework Agreement, the liability of the Service Provider to a Seller is limited to the compensation for direct damages as provided for by the applicable regulations.
9. Commitments of the Seller
The Seller guarantees that no element of his/her profile on the Website affects the rights of third parties or is contrary to the law, public order and morality.
The Seller undertakes not to:
(i) Execute the Framework Agreement illegally or under conditions likely to damage, disable, overload or alter the Website;
(ii) Impersonate the identity of another person or entity, falsify or conceal his/her identity or his/her age or create a false identity;
(iii) Disseminate personal data or information relating to a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers etc.
(iv) Without prejudice to legal action taken by third parties, the Service Provider is entitled to personally undertake any legal action intended to repair the damage that it may have personally suffered due to the Seller’s failure to respect his/her obligations under this Framework Agreement.
In case of breach of the Seller’s obligations, the Service Provider may take any appropriate measures in order to stop the relevant actions. The Service Provider will also be entitled to suspend, remove and/or block the Seller’s access to his/her Account.
10. Duration and termination
The Framework Agreement is concluded for an indefinite period of time. It shall enter into force from its date of acceptance by the Seller.
The Seller may terminate the Framework Agreement at any time and by complying with a notice period of thirty (30) calendar days. The Service Provider may terminate the Framework Agreement at any time and by complying with a notice period of two (2) months.
Such termination shall also constitute the closure of the Account.
Following termination of the Service Agreement, the credit balance of the Account will be transferred without undue delay, but in any case not later than 13 months after the termination, to the Seller’s bank Account after deduction of the fees due and payable to the Service Provider. After having transferred the respective amount to the bank account of the Seller, the Service Provider has no more obligations towards the Seller.
In case of serious breaches or fraud attributable to the Seller, the Service Provider reserves the right to suspend or terminate the Framework Agreement via email accompanied by a registered letter with acknowledgement of receipt without prior notice.
It is hereby provided that the Framework Agreement will automatically be terminated in the event of new circumstances affecting the ability of a Party to commit to the Framework Agreement.
11. Right of withdrawal
A Seller who is not acting for professional purposes (consumer) has 14 (fourteen) calendar days to exercise his/her right of withdrawal, without having to justify any reason or pay any penalty. This withdrawal period takes effect from the date of the registration as a Seller.
As per his/her right of withdrawal, the Framework Agreement will be terminated at no cost.
12. Rules relating to the prevention of money laundering and the financing of terrorism
The Service Provider is subject to all Luxembourg and German regulations relating to the prevention of money laundering and the financing of terrorism. Pursuant to the provisions of Luxembourg and German law relating to the participation of financial institutions in the prevention of money laundering and the financing of terrorist activity, the Service Provider must obtain information from any Seller about any business transaction or relationship with respect to the origin, purpose and destination of the transaction or opening of the Account. Furthermore, the Service Provider must carry out all due diligence required for identifying the Seller and, if necessary, the beneficial owner of the Account and/or Payment Transactions associated with it.
The Seller acknowledges that the Service Provider may terminate or postpone, at any time, the use of login details, access to an Account or execution of a transaction in the absence of any sufficient information about its purpose or nature. The Seller is hereby informed that a transaction carried out as part of this Framework Agreement may be subject to the national financial intelligence unit’s right to disclosure.
The Seller may, in accordance with the applicable regulations, access all information disclosed and relating to the Seller, provided this right of access does not undermine the purpose of the prevention of money laundering and financing of terrorism.
No legal or civil action may be brought nor any professional sanction pronounced against the Service Provider, its mangers or employees who have reported their suspicions in good faith to their national authority.
13. Personal data and professional secrecy
Personal data provided by the Seller when opening his/her Account is used by the Service Provider for the purposes of managing his/her Account and Payment Transactions.
The Seller accepts that his/her personal details and information collected by the Service Provider as part of this Framework Agreement may be transmitted to operational providers with whom the Service Provider is in a contractual relationship for the sole purposes of executing Payment Transactions and services, provided that these third-party recipients of personal data are subject to regulations guaranteeing a sufficient level of data protection. The list of third-party recipients of the Seller’s data is accessible upon request from the Service Provider’s compliance officer at the following email address: firstname.lastname@example.org. This information is kept by the Service Provider or by any company authorised for this purpose in accordance with legal and regulatory rules.
The Seller will be informed prior to any transfer of his/her personal data outside of the European Union. In such cases, the Service Provider undertakes to respect the regulations in force and implement any necessary measures in order to guarantee the security and confidentiality of the data that has been transferred.
Certain information collected and kept by the Service Provider as part of this Framework Agreement may give rise to the right of access and correction. Any Seller may, at any time, obtain a copy of the information concerning him/her upon request addressed to the Service Provider’s customer support service at the following address: email@example.com. The Seller may request the deletion or correction of this information by letter to the Service Provider’s address indicated in the header of this Framework Agreement. He/she may, at any time, object to receiving commercial solicitation by simple declaration to the Service Provider. The Seller shall inform the Service Provider of an amendment of his/her contact details by sending an email or a registered letter with acknowledgement of receipt.
The Service Provider will store personal information and data for the maximum applicable legal or regulatory duration depending on the purpose of each type of data processing.
14. Force majeure
The Parties shall not held liable, or be considered as having failed to honour this Framework Agreement, in the event of delay or non-execution, when the cause is related to a case of force majeure as defined by the jurisprudence of French courts.
15. Protection of funds
The Seller’s funds are protected against any claims from other creditors of the Service Provider, including enforcement proceedings or insolvency proceedings against the Service Provider.
The Seller’s funds are deposited at the end of each Business Day into a bank account opened with a Bank and are ring fenced by it.
The Framework Agreement may neither be partly nor wholly transferred by the Seller with or without charge. Therefore, the Seller is prohibited from transferring to a third party any of the rights or obligations that he/she holds hereunder. In the event of breach of this prohibition, in addition to the immediate termination of this Framework Agreement, the Seller may be held liable by the Service Provider.
The services offered as part of this Framework Agreement are invoiced by the Platform on behalf of the Service Provider in accordance with the Special Conditions. The pricing specific to each type of offer is specified by the Special Conditions.
All fees owed by the Seller are automatically deducted from the Payment Account by the Service Provider in accordance with the Special Conditions.
18. Agreement in relation to proof
All data held in a permanent, reliable and secure manner in the computer database of the Service Provider, in particular relating to payment orders and confirmations received by the Seller, notices sent, withdrawal and Payment Transactions, will prevail between the parties until proven otherwise.
The Seller is advised to send any complaint to the customer service indicated on the Website.
Any complaint other than as provided for in Article 5.2 relating to the conclusion, execution or termination of the Framework Agreement shall be notified by registered letter with acknowledgement of receipt to the Service Provider’s indicated in the header of this Framework Agreement or by email to the following email address: firstname.lastname@example.org.
If the Seller believes that the response provided is unsatisfactory, or in the absence of a response within one month after sending the letter or the e-mail to the Service Provider, he/she may refer to the Financial Sector Supervisory Commission by post at 110 route d’Arlon L-1150 Luxembourg or by email to: email@example.com.
20. Applicable law and competent jurisdiction
Except in case of the application of public order law (which will only apply within the strict limits of its purpose), it is expressly stipulated that the Framework Agreement is subject to French law and that any dispute between the Parties under the Framework Agreement will be subject to the jurisdiction of competent French courts. Mandatory consumer protection rights remain unaffected by this provision.
21. Severability clause
If any of the provisions of this Framework Agreement are considered invalid or unenforceable, they shall be deemed unwritten and shall not affect or invalidate the remaining provisions.
If one or more provisions of this Framework Agreement become obsolete or are declared as such by a law, a regulation or following a final ruling made by a competent jurisdiction, the other provisions shall retain their binding force and scope. Provisions declared null and void shall be replaced by provisions closest in meaning and scope to those initially agreed.
The Maison Sport Referral Program allows registered Maison Sport Members to earn Referral Commission or Rider Credits by referring new users to Maison Sport.
To participate, Members must agree to these terms, which become part of the Maison Sport Terms of Service. Capitalised terms that are not defined here will have the same meaning given to them in the Maison Sport Terms of Service.
“Referral Commission” means the commission an Instructor earns from referring a user to Maison Sport, who makes a Qualifying Booking using the Maison Sport Platform. The Referral Commission is calculated as 7% of the Qualifying Booking’s Instruction Services Fees. “Rider Credits” means the credit a referring member receives for referring a new user to Maison Sport, who makes a Qualifying booking using the Maison Sport Platform. The Rider Credit is calculated as 3% of the Qualifying Booking’s Instruction Services Fees. “Referral Email” means the email a new user receives when a Member invites the new user to sign up to Maison Sport.
How to Earn Referral Commission or Rider Credits
Maison Sport Members can earn Referral Commission or Rider Credits if: (i) a referred user clicks on the referral link in the Referral Email to create a valid Maison Sport account that complies with our Terms of Service; and (ii) the referred user completes a Qualifying Booking.
The referring Member will be credited with the Referral Commission or Rider Credits as a percentage of the Qualifying Booking.
Qualifying Booking for Referral Commission
A Qualifying Booking must be booked and paid for via the Maison Sport platform, and the Instruction Services booked by the referred user must be complete prior to the Referral Commission being paid to the Instructor. The referred user may book Instruction Services with any Instructor listed on the Maison Sport platform, the referring Instructor will receive the Referral Commission. Only Instructors can earn a Referral Commission.
Qualifying Booking for Rider Credits
A Qualifying Booking must be booked and paid for via the Maison Sport platform, and the Instruction Services booked by the referred user must be complete prior to the Rider Credit being credited to the referring Member’s Maison Sport account. Only Members that are not instructors can earn Rider Credits.
Redeeming Rider Credits
Rider Credits will automatically appear as a coupon on the checkout page, and must be used on a Qualifying Booking within one year from the date they are issued. After one year, the Rider Credits will expire. Rider Credits may only be used once and can not be combined with additional coupons. Rider Credits may not be transferred or exchanged for any cash or money.
Rider Credits may not be earned by creating multiple Maison Sport accounts. Rider Credits accrued in multiple Maison Sport accounts may not be combined into one Maison Sport account.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
A referred user may only use one referral link. If a referred user receives referral links from multiple Members, only the corresponding Member of the referral link used by the referred user will receive Referral Commission or Rider Credit.
Termination and Change
Maison Sport may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason.
We reserve the right to suspend accounts or remove Rider Credits if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate.
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