General Terms & Conditions of Use
General terms & conditions of use of surfingplaces.com App for its users (professionals and private individuals) SurfingWays mobile app (hereinafter the « App ») is the property of SURFING WAYS SAS, natural person domiciled at 19bis rue du roselier 22190 Plérin, France. Phone: +33(0)6 35 10 54 45 (hereinafter “@SurfingWays”), also publishing editor of the App. These General terms & conditions of use (hereinafter the “GTC”) define the procedures for access to and use of the App services. The use of the App implies acceptance without reservation of the GTC. @SurfingWays reserves the right to change the GTC at any time. In case of modification of the GTC, @SurfingWays will send the updated version of the GTC (with changes highlighted) at the email address given by the user when he created his account. Any access to the App after this email sent implies acceptance of these changes of the GTC.
1. Designations Definition and meaning of the expressions specified in the GTC: Webuser or User: natural person using the App (visitor). Professionals: Member or any kind of professional of the SurfingPlaces network, having a professional organization willing to sell or offer services delivery related to the App. Community: the SurfingPlaces community consists of all the professionals & advertisers of the App, visitors, members & contributors … Account: private space dedicated to each professional, protected by login and password chosen during registration. Services : Surf, bodyboard and Standup Paddle lessons, accommodations services, Surf shops, Shapers, travel agency, campervans & motor homes rentals;
2. App description & functioning The App is an online community, to bring users in contact with Professionals registered in our App. It also brings access for users to an area for discussion on each Professional profile to give reviews or comments. The App is made available to the Users by @SurfingWays. @SurfingWays never take action in the transactions between Users & Professionals. Online contents published by a Professional are available as soon as they are published, subject to the given time for the online release technical operations. Likewise, the removal of an online content published by a Professional, by his request, occurs immediately after the necessary time for removal technical operations. Online contents published by Professionals might be moderate by @SurfingWays, which reserves the right to remove it, in the event that these contents wouldn’t respect the GTC or respect the laws & applicable regulations. Access & use of the App are free. However, users acknowledge the fact that the App access necessitate to have internet access with the Internet-Service-Provider of their choice, the cost of it remains for them. Professional registration is chargeable (see details below). 2.1 Registration fees To access the services, the Professionals have to create a member Account, by filling the dedicated form (accessible here ___) with the following details: – ID login – Valid email address, These information details are obligatory to validate the Account creation. The Professional will receive an email with a confirmation link to validate the Account creation with a temporary password. Professionals agree to supply accurate and up-to-date information regarding their identity, email address and postal address or any other information necessary to use the App, and also agree to update the information in case of change. In this context, each Professional specifically acknowledges to be only responsible for the information given during the Account creation process. @SurfingWays reserves the right to refuse a Professional and will not be required to give reasons for its decision. The subscription prices are indicated in the App in Euros and inclusive of all taxes. @SurfingWays reserves the right to change the price of each registration pack. @SurfingWays will inform each professional by sending a message to the email address provided by the Professional during registration (or modified after online) of all changes of prices (except the launch offer) at a minimum of 15 (fifteen) days prior to its effective date. 2.1.1 Payment of the price Different methods of payments are available on the App. Professionals can pay their registrations by credit card (Visa / MasterCard) via PayPal or by bank transfer. It is made clear that all bank details shall not be stored by @SurfingWays Price of registration is payable annually. Payment will be made in advance, during the Account creation process and then every year manually by the professional until the cancellation of membership, same whether the cancellation is made by the Professional or by @SurfingWays In order to optimize transaction security, @SurfingWays has chosen to use the Paypal transaction system. The guarantees given by @SurfingWays in the context of transaction security are identical to those obtained by @SurfingWays from the payment system companies above mentioned. 2.2 User ratings At the end of a service provided by a Professional, Users are encouraged to leave a comment/review of the Professional’s profile. 2.3 Account deletion All professionals can freely delete his Account. In doing so, he will have to click on the “delete my account” link under the section « Mes infos ». A pop-up window will appear either to confirm the Account deletion, or to inform the Professional there are still some transactions in process, needed to be made before the account deletion. It is recalled that an Account deletion is only made possible after having removed all sales & rentals services on the App and also after having paid all transactions. The Account deletion is only effective after the necessary time for removal technical operations. The Account deletion will not lead to the deletion of the messages & comments posted on the App by the User, but it will lead to the anonymization under the following conditions: regarding the discussions in which the Member was involved and the reviews he was subject to, the avatar of the Member will be a default avatar crossed out by an oblique cross and his username will be replaced by “Deleted Profile”.
3. Obligations of Professionals and Users Professionals and Users are responsible of the use they make of the App and its services, and agree to use it with strict respect of the rules defined in the GTC and all applicable laws, rules and regulations. Professionals and Users from the SurfingPlaces Community, during the creation & publishing of any kind of content, commit themselves to respect the current legislation, and consequently commit themselves to not publish any content: – contrary to public convention or morality, – harming the intellectual property rights of @SurfingWays or a third party, – with unsolicited commercial or advertising nature, – affecting the privacy of individual, reputation and image of a third party, – that contain insulting or defamatory remarks, – with child pornography content, – inappropriate nature for minors, – with pornography content, – harming the security, territorial integrity or political system of a State or a country. – inciting discrimination and hatred based on religion, political or other opinion, ethnicity, nationality, citizenship, residence, gender, age, disability, and sexual orientation, – inciting violence, racism, xenophobia, homophobia and other forms of hate, – inciting to commit a felony, a misdemeanor, a terrorist actor any other crime, It is appropriate to clarify that this list of conditions below is not exhaustive. @SurfingWays reserves the right to remove, without prior notice, any content published on the App, if @SurfingWays consider it not appropriate or conform to the GTC or all applicable laws, rules and regulations. Professionals & Users shall carefully use an appropriate language in all circumstances, especially when they use the ratings system and comments. The Professional only offers services of his property, which he’s allowed to. Information given by the Professional on his profile shall be conforming to the section’s characteristics. The Professional is the only responsible for the services’ descriptions he offers. And more generally, the Professional is responsible for all content, document or information given to a user.
4. Liability 4.1 @SurfingWays‘s role: The only purpose of the App is to allow Users to find the desired service by browsing the list of registered Professionals. Consequently, @SurfingWays cannot control, in any event: – The quality & security of the services offered & published by the Professional. – The truth & reliability of the Professional Profile on the App, and furthermore of the contents published by Professionals (texts, photos). – The quality of customer services of the Professionals. – The Web user’s ability to pay the services’ prices. 4.2 Exclusion of Liability: @SurfingWays cannot confirm the reliability of the identity for each Professional. As a consequence, @SurfingWays will not be held responsible in the event of false information given by a Professional on his Account, profile or any content he published. Even if, for the sake of quality, @SurfingWays use the tools at his disposal (internet, social networks, etc.) to ensure a control on each Professional. As @SurfingWays is not involved in the rating system defined at article 2.2 of the GTC, @SurfingWays shall not be held responsible for any kind of damage resulting from the use of this rating system. As @SurfingWays is not involved in the transactions between User & Professional, @SurfingWays cannot be held responsible in the event of dispute between them, in the event of complaint or any kind of damage resulting from the use of the App and its services. As @SurfingWays is not involved in the transactions between User & Professional, @SurfingWays cannot guarantee the transaction will be completed, and cannot be held responsible for such reason. It is expressly agreed that any kind of security deposit asked by the Professional, shall be the exclusive liability of the Professional. In no case shall @SurfingWays take charge of any security deposit, nor shall control the identity of Professional or User, nor shall collect the amounts owed by the User to the Professional, or contrary. 4.3 Limitation of Liability: Users acknowledge and agree that the App may contain some information, recommendations, comments that could be inaccurate, incomplete or out-of-date. @SurfingWays declines all responsibility for contents published by Professionals, about which it cannot ensure and control the veracity, completeness or authenticity. The liability of @SurfingWays cannot be held neither on the real quality of services offered by the Professionals, nor on the information & recommendations published on the App. Generally speaking, @SurfingWays does not monitor the content published by a professional, and then cannot be held responsible for those contents otherwise than in circumstances described in section 6.1.2 of the French law number 2004-575 of the 21st of June 2004, known as the law to support confidence in the digital economy. Users & Professionals specifically acknowledges that @SurfingWays shall not be accountable for their own actions, and accept the risks referred to in the GTC. It shall be stated that @SurfingWays make its best efforts to ensure continuity of access to the App and its services for Users & Professionals, but can offer no guarantee the good functioning of the App, IT servers or internet access and can’t be held responsible for expected benefits or not, real or not, resulting from the use of the App and its services. Consequently, @SurfingWays shall be held responsible for any : –malfunction, breakdown, delay or interruption to access to the App and its Services; – loss of information & data by @SurfingWays; – inappropriate use of the App and its Services according to the GTC. @SurfingWays does not assume liability for any material, direct or indirect, consequential or special damage which may result from the use of the App, even if @SurfingWays have been advised of the possibility of such damages. @SurfingWays does not authorize, approve or validate the transactions made through its App and is not involved in the transaction. As a consequence, Professionals and Users are exclusively responsible for their own actions; and in no event shall @SurfingWays be liable for legal warranty from the professional. @SurfingWays cannot assume his responsibility requested in case of possible danger or malfunction –including hidden defect – from rental /sale objects on the App, including when those defects are likely to harm physical injury or injury to health, and make no warranties as to this. Professionals and Users are exclusively responsible for the control & verification of the conformity of offered services & goods on the App. @SurfingWays makes no representations or warranties of any kind, express or implied, as to the operation of its Services, rental offers, sale offers, their introduction and content, and specifically disclaims any implied warranties of merchantability or fitness for a particular purpose, non-violation of copyright, trademarks or other intellectual property rights, or also free from viruses, worms, Trojan horses.
4.4 Liability of Members & Users Professionals and Users agree to use the App and its Services, as well as all information they could access to, only by strictly following the stipulations of the GTC. Professionals and Users are exclusively responsible for their use of the App and/or its Services and comments. They shall respect the rules and conditions of the GTC and all applicable laws, rules and regulations. Professionals and Users agree to use the App and its Services, as well as all information they could access to, only in conformity with public order, good morals and respect for the rights of others. Professionals and Users agree not to disturb the use of other Professionals and Users of the App and/or its Services, and not to access to others members account. Each Professional assumes the editorial responsibility for all contents he will publish on the App. As such, each Professional irrevocably guarantees @SurfingWays (and successors or assigns) against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs made by a third party relating to contents published by the Professional on the App.. Professionals and Users commit themselves to do nothing that could jeopardize IT security or the other Professionals and Users of the App. Professionals and Users agree not to collect, use or process any of the personal data of other Professionals and Users. Any content displayed on this App which could be contrary to the GTC must be reported to @SurfingWays by email at the following address: firstname.lastname@example.org
4. Sanctions Without limiting any other remedies, @SurfingWays may terminate any Professional’s Account, if it proved to be contrary to the GTC (based on @SurfingWays findings, judgment, transaction or police investigation, insurance investigation or a third party investigation). If @SurfingWays terminate an Account, it will also lead to the removal of all online contents of the Professional involved, after the necessary time for removal technical operations.
5. Intellectual property The domain name “surfingplaces.com” and the brand “SurfingPlaces” are property of @SurfingWays and protected as such. All contents of the App as well as the App itself are protected by intellectual property law or any other applicable legislation. As such, any partial or total reproduction, representation, adaptation, modification or transfer of contents of the App as well as the App itself to another site is forbidden, unless they are specifically permitted in unique conditions as written in the present GTC. This GTC does not in any way assign any type of intellectual property. However, each Professional grants @SurfingWays exploitation right of its contents published on the App. This exploitation right is granted solely for the needs of the App exploitation, for the entire world and free of charge. As such, each Professional guarantees he possesses all intellectual property rights to publish the contents he publish on the App. Thus, each Professional irrevocably guarantee @SurfingWays (and successors or assigns) against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, nullification or infringement action, violation of image rights action, made by a third party relating to contents published by the Professional on the App. Furthermore, each Professional guarantees that all his products and/or services offered on the App aren’t counterfeit, or more generally their sales & hires shall not interfere with intellectual property rights of a third party. Thus, each Professional irrevocably guarantee @SurfingWays (and successors or assigns) against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, nullification or infringement action, violation of image rights action, made by a third party relating to contents published by the Professional on the App.
6. Personal data protection Under French Law n°78-17 of January 6th 1978 “Informatique, Fichiers et Libertés" legislation for personal privacy protection, the processing of personal data related to the members requires a prior filing with the National Commission on Computer Technology and Freedom (CNIL). The Professionals have a right to access, modify or delete any personal data regarding himself (sections 38, 39 and 40 of the January 6th 1978 Law). This right can be asked to @SurfingWays by sending a demand by postal mail, with a copy of ID card, at the following address: SurfingWays, 19bis rue du roselier 22190 Plérin - France. Personal data related to the Professionals managed by @SurfingWays are made for the following purposes: – allow the creation and administration of Accounts; – allow the publication of online contents of the Professional, on his demand; – allow the commercial use of personal data, exclusively for the Users registered at our newsletter. – allow @SurfingWays to respect his overall record-keeping obligations due to his host status within the meaning of section 6-I-2 of the French Law n°2004-575 of June 21st 2004.
9. Advertising The Users & Professionals agree that @SurfingWays can set up feely where & when @SurfingWays wants any kind of advertising, commercial promotion on the App, conform to applicable regulations and laws. Without any possibility to ask for reclaim, damages of any kind, from a User or a Professional.
10. Modification of the App @SurfingWays reserve the right to modify its services or its App by adding new functions or by changing/removing actual services offered to members of the App.
11. Acceptance of the General terms and conditions of use By having access to the App, its mobile app or any of its services, the User declares without reservation to have read, understood and accepted these GTC. He also declares to have the legal capacity to give his consent, with full compliance, without any restriction whatsoever. If he is under the age of 18 or without legal capacity, he declares to have to authorization from person with parental responsibility, or legal control from guardian or representative. Les présentes Conditions Générales prévalent sur celles de l’Utilisateur. The present GTC prevail over any conditions from the User.
12. Evolution of the GTC @SurfingWays reserve the right to modify these GTC at any time. It is highly recommended to User to frequently consult the last version of the GTC available on the App
13. Duration and termination This contract is entered into for an unlimited period with effect from the moment the User accesses the App.
14. Applicable Law The applicable principles and legal rules on contents & data transmissions around the App are held by the French Laws. In case of contention, @SurfingWays and the User or Professional shall bring all efforts for an amicable settlement. If the dispute cannot be resolved out of court, it will be referred to the competent authorities or courts of France.Last update: 20 May 2017