Thank you for choosing Maison Sport. These terms were last updated on 22 February 2022
Please read these terms of service ("Terms") carefully as they contain important information regarding what the Platform is, how it works, what Provider Services are offered and how you can use the Platform and Provider Services as well as your legal obligations, rights and remedies.
What Our Site and Platform offers
Maison Sport provides an online platform service ("Platform") which connects independent service providers ("Service Providers"), including but not limited to; ski instructors, snowboard instructors, telemark instructors, cross country ski instructors, snow sport instructor and other professionals which may be added from time to time, with customers seeking the Service Providers services ("Provider Services") in accordance with these Terms. Other services and service providers may be added to the Platform from time to time. The Platform is accessible at www.maisonsport.com and any other websites through which Maison Sport makes the Platform available (collectively, the "Site").
You must be eligible to use our Site and Platform
(i) The Site is intended solely for persons who are aged 18 or older as that is the age at which you are legally entitled to provide or book the type of Provider Services offered. Any access to or use of the Site by anyone under the age of 18, is expressly prohibited. So by accessing or using the Site you represent and warrant that you are 18 or older.
(ii) If you are a Service Provider and want to register with us to provide any Provider Services, you may only do so if you are free to register with us to provide your Provider Services on our Site. You will be representing and warranting this when you register with us (See section 4 below).
So, before you proceed you must accept these Terms of Service as follows :
WHETHER YOU ARE A SERVICE PROVIDER, CUSTOMER OR USER, BY CONTINUING TO BROWSE, ACCESS AND/OR USE THIS SITE OR PLATFORM OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THIS SITE, YOU ARE AUTOMATICALLY CONSENTING AND AGREEING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR SITE TO BE A MEMBER AND/OR DOWNLOADED OUR APPLICATION ("APP").
IF YOU DO NOT AGREE TO THESE TERMS, OR ARE NOT ELIGIBLE OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT ON THESE TERMS, DO NOT PROCEED TO USE OUR SITE, PLATFORM, APP, CONTENT OR COLLECTIVE CONTENT.
Once you accept or agree to these Terms you are contracting with us, Maison Sport ("we", "Platform Owner", "us" or "our" which expressions will include our subsidiaries, agents, sub-contractors, successors and assigns).
1. Definitions used in these Terms
" Booking Summary" means the details of the Provider Services and Provider Services Fees which have been booked and paid for by the Customer. A copy of this is sent to both the Customer and Service Provider via email, text or other appropriate communication and is also shown in the 'bookings' tab in both the Customer and the Service Provider Member's user area (see sections 6 below).
"Collective Content" means Member Content and Maison Sport Content.
"Content" means text, graphics, images, music, software, audio, video, information, links, metatags, code and any other material of whatever nature which appears on or embedded in the Site which is owned or licensed by Maison Sport.
" Customer" means any person who has registered with Maison Sport in accordance with section 4 below to become a Member to be able to book and pay for any Provider Services with a Service Provider via the Site.
" Member" means any Customer or Service Provider who has completed Maison Sport's account registration process as described under "Account Registration" in Section 4 below, either to become a "Service Provider Member" or "Customer Member" under these Terms. "Members" means both Customer and Service Provider Members unless otherwise stated.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits or includes in their Service Provider Profile or Member profile to be made available/accessible through the Site for booking by Customer Members.
"Platform Fee" means the fees that Maison Sport charges a Member for the use of the Site and Platform, which is calculated as a percentage of the applicable Provider Services Fees.
" Maison Sport" means Sport Maison Limited with a principle place of business at 29 Charlotte Road, London, EC2A 3PF.
"Maison Sport Content" means all Content that Maison Sport makes available through the Site or Platform, including any Content licensed from a third party, but excluding Member Content.
" Provider Services" means; ski instruction, snowboard instruction, snow sports instruction andsuch other serviceswhich may be added or changed from time to time, to be provided and delivered by Service Provider Members, which must be legal, safe and comply with these Terms.
" Provider Services Fees" means the amounts set by the Service Provider which are due and payable by a Customer in exchange for the Service Provider's Provider Services. The Service Provider alone, and not Maison Sport is responsible for setting its own Provider Services Fees.
"Service Provider" means a professional Service Provider working as a ski instructor, snowboard instructor, telemark instructor, cross country ski instructor, snow sport instructor or other business who has registered with Maison Sport. In accordance with section 4 below to become a Member to be able to create a Service Provider Profile and offer his/her Provider Services on the Site.
" Service Provider Profile" or " Profile" means a true, accurate, complete and up-to-date description of the Service Provider Member and details of their qualifications, training, experience, licenses, certificates, permits and registrations (as applicable) and the Provider Services offered, as well as calendar appointment availability and pricing, all of which must be accessible on the Site (see Section 4.1 and 4.2 below).
" Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and Platform taxes or other withholding taxes imposed by the relevant fiscal authority on activities and transactions via the Site.
" we", "us", or "our" means Maison Sport.
" user" means Members and any visitor to the Site whether or not registered as a Member.
" you" and "your" means you as a Service Provider or Customer or (where applicable) a user.
2. Modification of the Site, Platform, Content and Terms
Maison Sport reserves the right, at its sole discretion, to modify the Site, Platform or these Terms, including the Platform 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 in the introduction 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, App and Platform.
3. How the Maison Sport Site and Platform Work
As stated above, Maison Sport makes available an online platform via the Site with related technology for Service Providers and Customers to meet online and arrange for bookings of Provider Services directly with each other. To use the Site you must register with us as a Member.
3.1 If you are an unregistered visitor to the Site, you may view any and all Service Provider Profiles on the Site and comply with these Terms applicable to a user, however, if you wish to create a Service Provider Profile or become a Customer to book any Provider Services, you must first become a Member by registering with us to create a Maison Sport Account (as described in section 4 below).
3.2 If you wish to be a Service Provider on our Site you must first become a Member by registering with us to create a Maison Sport Account (as described in section 4 below). Then you must create a Service Provider Profile on the Site which truly and accurately describes your Provider Services which Customers and Site visitors/users can read about on the Site and book any of these Provider Services directly with you (See section 4.1 below).
You understand and agree that Maison Sport has no temporary or permanent employment contract with you or any Service Provider nor are we in any relationship of partnership, employment, joint venture or agency (other than for the purpose of accepting, on behalf of each Service Provider, payments from Customers). We are therefore not a party to any bookings, agreements or arrangements entered into between you as a Service Provider and your Customers.
3.3 If you wish to be a Customer – which allows you to book any Provider Services you must first become a Member by registering with us to create a Maison Sport Account (see section 4 below).
4. Account Registration
In order to offer your Provider Services as a Service Provider and create your Profile on our Site or to book any Provider Services as a Customer, you must first register with us to create an account ("Maison Sport Account") and become a Member.
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. You may not have more than one (1) active Maison Sport Account. You agree to provide true, accurate, current and complete information during the registration process and to update such information to keep it true, accurate, current and complete at all times.
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, untrue, fraudulent, not current or incomplete (see sections 5.4 and 12).
During the account registration process you will be asked to create a password. You are solely responsible for safeguarding your password to your Maison Sport Account. 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 and/or password.
4.1 Service Provider Profile
As a Service Provider Member, you must create a Service Provider Profile. To create a Service Provider Profile, you will be asked a variety of questions including, but not limited to:
(i) the location(s) that you offer your Provider Services,
(ii) full details of the Provider Services you offer,
(iii) your professional work experience, training, qualifications, licenses, certificates, permits and registrations (as applicable),
(iv) your availability to provide the Provider Services on a calendar booking basis, and
(v) your fees and pricing.
Service Provider Profiles will be made publicly available via the Site. Customers will be able to book your Professional Services via the Site, based upon the information provided in your Service Provider Profile. You understand and agree that once a Customer makes a booking for your Provider Services, you may not request the Customer to pay a higher fee or price than detailed in the Booking Summary.
Maison Sport acts as the limited authorised payment collection agent for all Service Providers for the purpose of accepting, on behalf of each Service Provider, payments from Customers of such amounts as are stipulated by the Service Provider.
4.2 Service Provider Warranties
You acknowledge and agree that you alone are responsible for your Account Registration details, your Service Provider Profile and Member Content that you register or post on our Site.
You are giving the following warranties and representations when you register with us but if your circumstances change in any way you must immediately advise us and all Customers who have booked with you.
You represent and warrant :
(i) that you are a professional Service Provider practicing as a sole trader and free to register with us to provide your Provider Services;
(ii) that you have all the required up-to-date qualifications, insurances, training, experience, licenses, certificates, permits and registrations necessary to properly, safely and legally provide the Provider Services which you offer on our Site;
(iii) that you are not economically, professionally or personally barred, restricted or limited under the sanctions, rules, trading standards, regulations or laws of any country worldwide from registering with us or from providing your Provider Services, for example for any health, safety, civil, criminal, behaviour or offender reason;
(iv) that the Provider Services which you offer are legal and safe, and where appropriate, in compliance with all health, safety and fire regulations as well as in compliance with all applicable laws and Tax requirements that may apply to you or any of your Provider Services;
(vi) that your own personal and professional details and the Provider Services detailed on your Service Provider Profile on our Site:
(a) are true, accurate, complete and up-to-date;
(b) will not give any false claim, hope or impression as to any expected outcome that a Customer may reasonably expect from reading your details or from undergoing, receiving or experiencing any of your Provider Services;
(c) will not breach or conflict with any agreements or arrangements you have entered into with any third parties.
4.3 Customer Account Registration details and warranties
To book any Provider Services on our Site, you must first be a Member by registering your details with us.
In registering your details, you represent and warrant:
(i) that your own personal details are true, accurate, complete and up-to-date;
(ii) that you are not personally barred, restricted or limited for any reason from registering with us and/or booking and/or receiving any Professional Service, for example, under any health, safety, civil, criminal, behaviour or offender register under the laws of any country worldwide;
5. Maison Sport Disclaimers for Members Registration Details, Profiles and Member Content
5.1 Maison Sport makes no representations, warranties or undertakings about any Member or the Member's purported identity, background, registration details, Profile or Provider Services or that a Member is trustworthy, safe or suitable.
Any references in the Site to a Member being "verified" (or similar language) only indicates that the Member has completed the relevant Account registration process and does not represent anything else. Maison Sport does not endorse, recommend or otherwise promote any Member or any Provider Services.
All Members Account registration details, Profiles and Member Content on the Site is intended only to be useful information for Members or users to make their own decisions about the identity and suitability of any Member or Provider Services they may wish to book or whom they may wish to contact or interact with via the Site, App and Platform.
So, if you choose to use the Site, Platform, Member Content, Collective Content and/or Provider Services you do so AT YOUR SOLE RISK and accept all Maison Sport's disclaimers of any warranty and/or liability including those in section 5.2 and 5.3 below.
5.2 WARRANTY DISCLAIMER
BY USING THE SITE, EVERY MEMBER AND USER ACCEPTS THE SITE, PLATFORM, MEMBER CONTENT AND/OR COLLECTIVE CONTENTS AND OTHER MATERIAL, SERVICES OR THAT OF OUR THIRD PARTY SUPPLIERS/PROVIDERS "AS IS" AND "AS AVAILABLE" WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY AS TO:
(i) ITS MEMBERS, THEIR IDENTITIES, REGISTRATION DETAILS, PROVIDER SERVICES, LOCATION(s) FOR PROVISION OF THE PROVIDER SERVICES,
(ii) THE ACCURACY, LEGALITY, COMPLETENESS, QUALITY OF MEMBERS REGISTRATION DETAILS, MEMBER PROFILES OR PROVIDER SERVICES,
(iii) THE BEHAVIOUR OF ANY MEMBER OR OTHERWISE, OR FOR
(iv) THE CONTINUITY OF THE SITE, PLATFORM, SERVICES, CONNECTIVITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5.3 DISCLAIMER OF LIABILITY
Maison Sport CANNOT AND DOES NOT CONTROL AND DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW FOR:
(i) MEMBER REGISTRATION DETAILS AND CONTENT CONTAINED IN ANY SERVICE PROVIDER PROFILES OR FOR THE ACCURACY OF PROFILE CONTENT;
(ii) THE QUALITY, LEGALITY OR SUITABILITY OF ANY PROVIDER SERVICES CARRIED OUT BY ANY SERVICE PROVIDER; OR
(iii) THE BEHAVIOUR OF ANY SERVICE PROVIDER, CUSTOMER, MEMBER OR USER ESPECIALLY IF REQUIRED TO MEET OFF-LINE AND/OR IN PERSON FOR ANY REASON INCLUDING BUT NOT LIMITED TO PERFORMANCE OF THE PROVIDER SERVICES; OR FOR
(iv) ANY BOOKINGS, COMMUNICATIONS OR ACTIVITY OVER THE SITE OR AS A RESULT OF YOUR USE OF THE SITE OR PLATFORM WHICH IS MADE BY OR BETWEEN ANY MEMBERS, USERS AND/OR THIRD PARTIES (INCLUDING BUT NOT LIMITED TO COMMENTS, REVIEWS, FEEDBACK, RATINGS, "LIKES" OR "DISLIKES").
(B) BY USING OR CONTINUING TO USE THE SITE AND PLATFORM YOU, AS A MEMBER OR USER, AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS, OMISSIONS OR BEHAVIOUR OF MEMBERS, PERFORMANCE OR CLAIMS ABOUT ANY PROFESSIONAL SERVICE, MEMBER OR OTHER THIRD PARTY WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBER OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO NOR ATTEMPT TO IMPOSE ANY LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM Maison Sport WITH RESPECT TO SUCH CLAIMS, ACTIONS, OMISSIONS OR LIABILITIES.
This limitation shall not apply to any claim by a ServiceProvider against Maison Sport regarding the remittance of payments received from a Customer by Maison Sport on behalf of a Service Provider, which instead shall be subject to the limitations described in the section 6.2 and 8 below.
5.4 Maison Sport's Rights to remove Profiles, Account registration and/or disable access.
Notwithstanding the above disclaimers and other disclaimers contained in these Terms and any and all other rights available to Maison Sport under these Terms including but not limited to our rights under Section 8, 9 and 12 below or in law, Maison Sport reserves the right but does not have the obligation, at any time and without prior notice, to remove or disable access to any Service Provider Profile for any reason or any Member registration in accordance with section 9 and 12.
6. Booking and Payment Process
6.1 If you are a Service Provider
(a) Each Service Provider agrees and undertakes with Maison Sport that it is not Maison Sport but only the Service Provider who is solely responsible for honouring any confirmed bookings and making available the Provider Services which are arranged, booked and paid for by the Customer through the Site.
(b) Where a booking is made for your Provider Services via the Site, we will share with you the Booking summary which will include:
(i) the first name of the Customer who has made the booking,
(ii) a summary of the Provider Services booked and paid for by the Customer,
(iii) the location, date and time at which the Provider Services are due to take place,
(iv) the Customer's phone number and contact details.
(c) As each Service Provider appoints Maison Sport as the Service Provider's limited payment collection agent, Maison Sport will pay the fees due to you in accordance with section 6.4 to 6.8 below.
6.2 If you are booking as a Customer
(a) As a Customer, it is only you who selects which Service Provider and which Professional Service you wish to book and therefore choose to enter into a booking transaction with that Service Provider. By doing so, it is only you who must understand and agree that you will be entering into an independent booking agreement/arrangement with that Service Provider and accept any additional terms, conditions, rules and restrictions associated with such Service Provider with respect to their Provider Services.
(b)Payment of your Customer booking. You will be asked to provide the customary billing information such as name, billing address and credit/debit card information either to Maison Sport or our third-party payment processor(s). You agree to pay Maison Sport for any confirmed bookings made in connection with your Maison Sport Account in accordance with these Terms by one of the methods described on the Site, e.g. by credit/debit card or other payment provider.
You hereby authorise Maison Sport to the collect such amounts from your registered card or payment provider.
Please note that Maison Sport is in no way responsible for the fees relating to any Provider Services nor can Maison Sport control any fees that may be charged to a Customer by his or her bank or credit/debit card company for the collection of Provider Services Fees thus Maison Sport DISCLAIMS ALL LIABILITY FOR SUCH FEES.
6.3 Maison Sport's Disclaimer for Bookings
Both the Customer and Service Provider acknowledge and agree that only they, and not Maison Sport will be responsible for performing the obligations of any such booking agreements/arrangements; that Maison Sport is not a party to such agreement/arrangements, and that, with the exception of its payment obligations hereunder, Maison Sport DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS/ARRANGEMENTS BETWEEN CUSTOMER AND SERVICE PROVIDER.
6.4 Fee collection and Payment to Service Providers
Each Service Provider hereby appoints Maison Sport as the Service Provider's limited payment collection agent solely for the purpose of accepting the Provider Services Fees from Customers and paying out the appropriate amount to the Service Provider once the Professional Service has been successfully carried out.
The Customer's payment obligation to the Service Provider for the Provider Services Fees is extinguished when these fees are received by Maison Sport. The Service Provider agrees that payment made by a Customer through Maison Sport shall be considered the same as a payment made directly to the Service Provider, and the Service Provider will provide the Provider Services to the Customer in the agreed-upon manner as if the Service Provider has received the Provider Services Fees.
Maison Sport is responsible for remitting the Provider Services Fees (less the Platform Fees and appropriate Taxes), 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 Service Provider will have recourse only against Maison Sport and not the Customer for such amount.
Maison Sport's obligation to pay the Service Provider is subject to and conditional upon successful receipt of the associated payments from Customers. Maison Sport does not guarantee payments to Service Providers for amounts that have not been successfully received by Maison Sport from Customers.
Maison Sport will collect the Provider Services Fees at the time of booking confirmation (i.e. when the Customer enters their payment card details and clicks the 'Pay Now' button on the Site) which will initiate payment of the Provider Services Fees (including the Platform Fees and any Taxes, such as VAT). Maison Sport will endeavour to remit the appropriate proportion to the Service Provider as soon as practicable after the Provider Services take place (except to the extent that a refund is due to the Customer or other circumstance beyond Maison Sport's control).
However, the time it takes for the Service Provider to receive pay-outs may depend upon the pay-out method chosen by the Service Provider. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their Platform on the Service Provider, including by deducting their charges from the pay-out amount.
Other than Maison Sport's payment processing duties specified above, Maison Sport assumes NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SERVICE PROVIDER OR CUSTOMERS.
6.5 Maison Sport's Platform Fees
In consideration for the use of Maison Sport's Site and Platform, Maison Sport charges all Service Providers and Customers Platform Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Platform Fees. Maison Sport charges Customers Platform Fees by adding a percentage to the Provider Service Fees and also deducts the Platform Fees from the Provider Services Fees before remitting the balance to the Service Provider as described in these Terms.
Balances will be remitted by Maison Sport to Service Providers via bank transfer, direct deposit or other payment methods as described on the Site, these Terms or as agreed between the parties.
6.6 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of and investigate those you notify us of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original pay-out or payment by you, so that you end up receiving or paying the correct amount. You agree to us doing this.
You, as a Service Provider, understand and agree that you are solely responsible for determining your own applicable Tax reporting and payment requirements. You are 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.
6.8 Foreign Currency
Please note that your credit/debit or bank card issuer or payment company will use a currency conversion rate for and may impose a currency conversion fee on your payment or pay-out, if your card or bank account is denominated in a currency that is different from the booking currency or the pay-out currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on the payments or pay-out we remit to you. All of these currency conversion rates and fees are not controlled by or known to Maison Sport. Maison Sport will only pay out amounts net of all these charges.
7. Cancellation, Booking Changes and Refunds
7.1 Maison Sport gives Service Providers the option to choose from two different cancellation policies, the Service Provider's cancellation policy is clearly shown on their Profile and in the Booking Summary. The cancellation policy states that a Customer may cancel a booking and qualify for a full or partial refund if they provide the amount of notice detailed in the cancellation policy.
Each Service Provider therefore agrees that Maison Sport may, in accordance with Maison Sport's cancellation policy:
(i) permit a Customer to cancel a booking as specified in 7.2 below and in more fully in the Service Provider's chosen cancellation policy, and;
(ii) refund the Customer that portion of the Provider Services Fees specified in the cancellation policy.
7.2 Cancellation or booking change by a Customer
(a) If, as a Customer, you cancel your booking made via the Site you will be refunded in accordance with the Service Provider's cancellation policy, as shown in the Booking Summary and as explained in further detail here https://maisonsport.com/en/terms/cancellation-policies.
(b) If a Service Provider cancels your Customer booking made via the Site:
(i) Maison Sport will refund the Provider Services Fees and Platform Fees in full for such booking to the applicable Customer within a commercially reasonable time of the cancellation and
(ii) the Customer will receive an email, text or other appropriate communication from Maison Sport containing alternative Service Provider Profiles and other related information so that the Customer is given the choice to re-book with another Service Provider. If you do not receive an email, text or other communication from Maison Sport please contact Maison Sport as soon as possible.
If the Customer makes a booking with one of the alternative Service Providers, then the Customer agrees to pay Maison Sport the Provider Services Fees relating to the new booking, in accordance with these Terms.
(c) If, as a Customer, you wish to change a booking time and/or date or the type of Provider Services with 24 hours or less notice before your booking, you may contact the Service Provider and it is in their discretion alone whether they wish to change the booking via the Site or if not, they can keep it as a cancelled booking.
7.3 If, as a Service Provider, you cancel a confirmed booking:
(a) You agree that Maison Sport may apply penalties or consequences to you or your Service Provider Profile or Account, including but not limited to:
(i) publishing an automated review or rating on your Service Provider Profile indicating that a booking was cancelled by you,
(ii) keeping the calendar for your Service Provider Profile unavailable or blocked for the dates of the cancelled booking and/or such other extended period as Maison Sport at its sole discretion, shall decide is a reasonable period in the circumstances, and/or
(iii) imposing a cancellation fee (to be withheld from your future pay-outs).
(b) You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
(c) 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. Extenuating circumstances will include but are not limited to: family death, illness, injury or force majeure event (see section 17 below). In these circumstances, to avoid a penalty, you must contact Maison Sport to explain your extenuating circumstances and must also provide paperwork to prove the extenuating circumstances. If you cannot supply adequate proof, Maison Sport reserves the right to apply a penalty to your Service Provider Profile and/or Account.
8. Member/User Conduct and Prohibited Activities
You as a Member or user of the Site and/or Platform, understand and agree that you are solely responsible for compliance with any and all laws, rules, trading standards, regulations and obligations that may apply to your use of the Site, Platform, Members Content and/or and Collective Content.
8.1 Prohibited Activities
In connection with your use of the Site, Platform, Content, Members Content and/or Collective Content, you may not and you agree that you will not, nor will you attempt to do or permit anyone else to do so on your behalf or through use of your Account details or passwords (with or without your knowledge) or otherwise :
(i) that is not publicly displayed by Maison Sport on its Site, in its search engine results pages or Service Provider Profile pages;
(ii) any Booking Summaries or the identities of any Customer or details of Customer bookings;
(iii) that in any way violates the privacy rights or any other rights of Maison Sport Members, users or any other third party;
(i) infringes, misappropriates or violates any third party's patent, copyright, trademark, trade name, service mark, 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, rule, trading standard or regulation or would give rise to civil or criminal 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;
(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;
manipulate or attempt to manipulate, undermine, disparage or otherwise attack Maison Sport's good name, ranking, ratings, business model, prices, suppliers, associate providers, or that of any of our Members or users;
permit, encourage or assist any third party (knowingly or otherwise) in doing or attempting to do any of the foregoing.
Maison Sport has the right to investigate and prosecute violations of any of the above and any other breaches of these Terms to the fullest extent permitted by all applicable laws.
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 Platform on or available from such websites or resources.
9. Maison Sport's Rights to Monitor, track, disclose and/or Take-down Profiles and Content.
You acknowledge and agree that Maison Sport has the right but does not have the obligation, at any time and without prior notice or reason:
(a) to monitor, access, copy, track, trace and/or disclose any of your Account registration details, Member Content, Profile, personal, professional information, your use, transactions and activity via the Site, Platform or Content;
(b) to remove or disable access to any Member Content, Profiles or other content;
(c) to carry out any other act if we are required to do so or if we believe in good faith that it is reasonably necessary:
(i) for the purposes of operating, improving, developing, de-bugging and supporting the Site, Platform, Profiles, Content, Member Content and/or Collective Content, suppliers, providers and providing Member and customer support;
(ii) to ensure your compliance with these Terms and to enforce or administer our agreements with other Members, suppliers, providers or other users;
(iii) to protect the rights, property or safety of Maison Sport, its Members, users, our suppliers, providers or members of the public;
(iv) to respond to content that we believe, suspect or determine in our sole discretion, or have been advised, is illegal, objectionable, infringing or harmful in any way to Maison Sport the Site, Platform, its functionality, other Members, users, visitors or potential users, or to any of our actual or potential third party suppliers or providers (including those specified in section 8 above);
(v) to respond to claims or allegations asserted against Maison Sport against you or any other Member or user or to comply with legal process;
(vi) for fraud prevention, risk assessment, investigation;
(vii) to ensure your compliance with these Terms and the applicable laws;
(viii) to comply with any order or requirement of a court, authority, administrative or law enforcement agency or other governmental body.
10. Privacy and Data Protection
(b) Maison Sport may use your personal data to gather feedback regarding your activities and experience you may have with our Site, Platform and Collective Content. This helps our business improve and develop by assembling useful information from our Members, users and others.
11. Copyright, Patents, Trade Marks, Database Rights, Design Rights, Moral Rights and Other Intellectual Property Rights relating to the Site, Member Content and Collective Content.
(a) Each Member and user acknowledges and agrees that any and all of Maison Sport owned copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights used in or in connection with the Site, Platform, Content, Maison Sport Content and Collective Content and including but not limited to any and all variations, adaptations, translations or derivatives thereof whether or not computer-generated or using any AI software or tool are and shall remain the sole property of Maison Sport and each Member and user only uses the same for the purposes of using the Site and Platform and such other services as Maison Sport may provide.
(b) To the extent that a Member owns the material in its Member Content, Maison Sport acknowledges that its copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights created, developed, subsisting or used in or in connection with the Members Content shall remain the sole property of the Member.
(c) In the event that new designs, processes or inventions evolve in use, performance of or as a result of these Terms, each Member and user acknowledges that the same shall be the property of Maison Sport unless otherwise expressly agreed in writing by Maison Sport.
(d) Each Member shall indemnify Maison Sport fully against all liabilities, costs and expenses which Maison Sport may incur as a result of any Member Content, Profile or user content involving infringement of any copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights (including but not limited to framing or linking to third-party websites and/or third-party proprietary material). (See section 15 below.)
12.1 Maison Sport's Right to terminate your Account and access to the Site
Notwithstanding our rights under section 9 above, we may, in our sole 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, suspended or terminated, 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 future bookings or arrangements as either Service Provider or Customer will be immediately terminated;
(c) we may communicate to your Customers or Service Providers that a booking or arrangement has been cancelled;
(d) we may refund your Customers in full for any and all cancelled bookings, irrespective of your or any other pre-existing cancellation policies;
(e) we may contact your Customers to inform them about potential alternate Provider Services with other Service Providers that may be available on the Site, and
(f) you will not be entitled to any compensation for bookings or arrangements (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Maison Sport Account.
12. 2 Your Right to terminate your Account
You may cancel your Maison Sport Account at any time via the "Delete Account" feature on the Site 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 of your Member Content that you have or any other users has posted on the Site, including, but not limited to, any reviews, comments, feedback, ratings, "likes" or "dislikes".
12.3 The following Terms will survive termination, suspension or cancellation for any reason: 4.2, 4.3, 5, 6.5, 8-17.
13. Warranty General Disclaimers
Maison Sport DOES NOT WARRANT THAT THE SITE, PLATFORM, MEMBER CONTENT AND/OR COLLECTIVE CONTENT OR ANY MEMBER OR CUSTOMER, PRODUCT, SERVICE OR ANY OTHER MATERIALS, PROVIDED HEREUNDER OR ARRANGEMENTS WITH/LINKS TO THIRD PARTY SUPPLIERS/PROVIDERS WILL MEET ANY MEMBERS OR ANY USERSREQUIREMENTS OR EXPECTATIONS OR THAT THEIR ACCESS OR USE OF THE SITE OR THESE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE ENTIRE RISK AS TO USE OF THE SITE, PLATFORM, MEMBER CONTENT AND/OR COLLECTIVE CONTENT, OR BY USING THE PROVIDER OR ANY THIRD PARTY SERVICES, PRODUCTS, PLATFORM AND ANY OTHER MATERIALS PROVIDED BY Maison Sport OR ANY MEMBER IS WITH EACH MEMBER AND/OR USER,INCLUDING FOR QUALITY AND SAFETY OF PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE SITE, PLATFORM, CONTENT, MEMBER CONTENT AND/OR COLLECTIVE CONTENT, MEMBERS, PRODUCTS AND/OR PLATFORM.
No advice or information, whether oral or written, obtained from Maison Sport or through the Site, Platform, Member Content and/or Collective Content will create any warranty not expressly made herein.
You are solely responsible for and agree to take all reasonable precautions in all of your communications and interactions with other Members and users of the Site, Platform, Content, Member Content and/or Collective Content 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 Service Providers or Customers particularly if you are required to meet the offline or in person regardless of whether such meetings are organised by Maison Sport.
14. LIABILITY DISCLAIMERS.
(a) Exclusion of liability.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT WILL MAISON SPORT BE LIABLE TO YOU, ANY MEMBER, ANY USER, OR ANY PERSON DERIVING RIGHTS FROM THE YOU, ANY MEMBER, ANY USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (a) LOST PROFITS, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL OR REPUTATION; (b) THE COST OF USING A SUBSTITUTE SITE, PLATFORM, CONTENT, OR PRODUCTS, (c) FOR PERSONAL OR BODILY INJURY, HARM OR EMOTIONAL DISTRESS, ARISING OUT OF :(i) YOUR USE OF THE SITE, PLATFORM, CONTENT, MEMBER CONTENT AND/OR COLLECTIVE CONTENT OR FROM YOUR SERVICE PROVIDER PROFILE OR BOOKING OF ANY PROVIDER SERVICES VIA THE SITE, PLATFORM OR MEMBERS (ii) ANY INTERRUPTION TO OR NON-AVAILABILITY OF THE SITE, PLATFORM, YOUR CONTENT OR PROFILE;(iii) SYSTEM FAILURE;(iv) THESE TERMS, (v) OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE SITE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT (ONSITE OR OFF-SITE)WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT OR PROFESSIONAL LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF MAISON SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
(b) ABSOLUTE CAP ON LIABILITY.
IN THE EVENT THAT MAISON SPORT CANNOT EXCLUDE LIABILITY UNDER THE APPLICABLE LAW BUT MAY CAP IT, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE MAXIMUM, AGGREGATE LIABILITY OF MAISON SPORT FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, PLATFORM, MEMBERS CONTENT OR COLLECTIVE CONTENT, OR FROM YOUR ACCESS AND/OR USE OF THE SAME OR ANY THE PRODUCTS OR OTHER OR SERVICES OR ARRANGEMENTS WITH/LINKS TO THIRD PARTY SUPPLIERS/PROVIDERS PROVIDED BY MAISON SPORT TO MEMBERS, USERS OR THIRD PARTIES UNDER THESE TERMS, THE SITE, PLATFORM OR CONTENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU UP TO A MAXIMUM LIMIT OF:
(i) For Service Provider Members: the amount Maison Sport has PAID to you (less our Platform Fees and your account registration fees (if any) in the twelve (12) months preceding the event giving rise to the liability;
(ii) For Customer Members: the amount you have paid for Provider Services via the Site in the twelve (12) months preceding the event giving rise to the liability.
(c) Basis of the Bargain: Failure of Essential Purpose. You as a Member or User acknowledge that Maison Sport has set its prices and entered into these Terms, provided the Site, Platform, Content and/or Collective Content in reliance upon the warranty disclaimers and exclusions and limitations of liability set forth in these Terms, and that the same form an essential basis of the bargain between you, Members, users and us as parties to these Terms. You as a Member or user agree that the exclusions and/or limitations of liability specified in these Terms are acceptable to you and will survive and apply even if the warranty disclaimers or any limitation of remedies are found to have failed of their essential purpose.
(d) Notwithstanding the foregoing, nothing contained in this section shall limit Maison Sport's obligations to collect and/or pay to Service Providers the fees which are properly due and owing to them.
(a) You agree to indemnify and keep indemnified Maison Sport our successors and assigns, and each of our respective directors, officers, employees and agents (collectively "Maison Sport ") from and against (or with avoiding) any and all liability, damages, losses, claims (including reasonable legal and accounting fees) arising out of or in any way connected with:
(i) your access to or use of the Site, Platform, services, Member Content and/or Collective Content, booking system or arrangements with/links to third party suppliers/providers;
(ii) any violation or breach by you these Terms or the applicable law;
(iii) your Account registration details, Member Content, Service Provider Profile and/or from any bookings or other transactions or arrangements made therefrom;
(iv) your interaction (onsite, off-site, in person or otherwise) or communications with any Member or user either by booking or providing your Profile and/or Provider Services, or providing or replying to any reviews, comments, feedback, ratings, "likes" or "dislikes" or other posting;
(v) your use or provision of Provider Services, including but not limited to any injuries, harm or emotional distress caused or received from the same; or
(vi) any losses or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of provision or use of Provider Services, this Site, Platform, Member Content and/or Collective Content.
(b) In the event any action arises under this section or these Terms, Maison Sport may during any such action, bar access and take down the Member's Profile and Content as specified in section 9 above until such time as Maison Sport is certain, in its reasonable opinion, that there is not likely to be a claim under such indemnity or the claim has been resolved.
(c) We will give you prompt notice of any claim described in (a) above that is made against us and you will have the right to defend any such claims and make settlements thereof at your own discretion in order to settle or oppose any such claims PROVIDED THAT you shall not settle any such claim which prevents us from continuing to provide the Site and/or Platform, without our prior written consent.
(d) If you need us to provide information, details or cooperation to you in your defense and settlement of any such claim, we will try to do so but at your expense.
(e) INDEMNIFICATION DISCLAIMER. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, MAISON SPORT HAS NO INDEMNIFICATION OBLIGATIONS TO YOU, ANY MEMBER, USER OR ANY OTHER PARTY WHETHER EXPRESS, IMPLIED OR STATUTORY AND THAT ANY SUCH INDEMNIFICATION OBLIGATIONS ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
16. Customer Complaints and Reporting Misconduct
If you feel a Service Provider has not completely fulfilled or delivered his/her advertised Provider Services, as detailed in their Service Provider Profile and as booked by you, as a Customer, then you should contact Maison Sport within 24 hours of the Provider Services taking place. Maison Sport will mediate where necessary and will have the final say in all disputes or if necessary, refer the dispute to an appropriate authority.
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 behaviour; (ii) engages in any other disturbing conduct you should immediately report such person to the police or other appropriate authorities. You should then report the same to Maison Sport and give us details of your police report/incidence number. We may then take such action if so required to assist in the incident if required by the police or under the applicable law.
17. Important General Terms
17.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Maison Sport and you as a Member or users of the Site, Platform, Content, Collective Content, and in relation to any booking or provision of Provider Services via the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between Maison Sport and you as a Member or user.
17.2 Force Majeure
No party will be under any liability to the other party in respect of anything which, apart from this provision, may constitute breach of these Terms arising by reason of force majeure, namely, circumstances beyond the control of any party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, plagues, pandemics such as the global disruption caused by Covid-19, similar health or welfare issues, explosion, sabotage, cyber security attack, accident, embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion or lockdown, including acts, declarations or similar authoritative pronouncements by any local, national or international governments and/or parliamentary or other authorities; inability to provide the Site, Platform, Content, Collective Content, Provider Services, third party services, products, materials; breakdown of the internet, transmission, telecommunication, electrical power, provision of any essentials or support; inability to pay for the same directly or indirectly attributable to a force majeure event; labour or product shortages for any reason or labour disputes or disruptions of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts, lockdowns and whether between either of the parties and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties or any other employer).
Neither the Customer nor any Service Provider may assign or transfer their Membership or Account to any other person (or business), voluntarily or by operation of law or otherwise, without Maison Sport's prior written consent. Any attempt by either a Customer or any Service Provider to assign or transfer their Membership or Account, without such consent, will be null, void and of no effect and Maison Sport will have the right immediately and without notice to exercise its rights under section 9 and 12.
Maison Sport may assign or transfer our agreement with Customers and Service Providers based on these Terms and any Memberships or Accounts, at our sole discretion, without restriction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing in English, French, Italian, German or Dutch languages and given by the party sending such notice either (i) via email (in each case to the address that the parties use to communicate hereunder or otherwise provide) or (ii) by Maison Sport posting on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(a) Failure or neglect by Maison Sport to enforce at any time any of the provisions hereof will not be construed nor will be deemed to be a waiver of Maison Sport's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice Maison Sport's rights to take subsequent action.
(b) Each Member waives any right to bring any claim or action against Maison Sport for any loss, damage or injury arising from any Member's use of the Site, Platform, Content, Member Content and/or Collective Content, third party suppliers/providers and from any data posted on the Site including but not limited to any reviews, comments, feedback, ratings, "likes" or "dislikes", or on discussion groups or arising in any way by use of the Site or any Members account details or passwords or by any other matter relating to these Terms.
In the event that any of these terms, conditions or provisions will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by the applicable law.
The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or the interpretation of any of these Terms
17.8 Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than Maison Sport and Members. Notwithstanding the foregoing, the parties agree that the credit/debit card or other payment providers are third party beneficiaries under 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.
17.9 Contacting Maison Sport
If you have any questions about these Terms, please contact Maison Sport on email@example.com.
17.10 Applicable Law and Jurisdiction
These Terms of Service and those of any Service Provider or third party supplier/provider and any dispute or claim arising out of or in connection with either of them or their subject matter or their formation (including non-contractual disputes or claims) shall be construed in accordance with English Law and the English courts shall have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof.
In terms of the enforceability of these Terms, for the avoidance of doubt, these Terms shall be deemed "in writing" and "accepted" by both parties.
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