ARTICLE 1 – Subject and application of Usage Conditions
WATER SPORTS CONSULTING, simplified joint stock company with capital of €30,000, registered under number 804 543 577 at the Paris company register, for which the registered office is at 28 rue de l'Amiral Hamelin, 75016 Paris, France, is specialised in the sporting activities sector.
WATER SPORTS CONSULTING's Website is a platform proposing, to registered persons, a matching service between Sports Instructors and Clients.
The Usage Conditions are intended to define the terms and conditions under which the Client is authorised to access and use the Website. The Client undertakes to read the present Usage Conditions prior to his registration on the Website. Registration on the Website implies the acceptance of the present Usage Conditions.
WATER SPORTS CONSULTING may modify the present Usage Conditions at any time. The Usage Conditions applicable are those in force on the day of their acceptance by the Client by checking the checkbox on the Website. Except in the case of an express and written agreement between WATER SPORTS CONSULTING and the Client, the present Usage Conditions shall prevail over any other document.
ARTICLE 2 – definitions
Unless stipulated to the contrary, the following terms and expressions have the meaning that is given to them below if they appear with their first letter capitalised, whether they are singular or plural, in the Usage Conditions and any other document issued by WATER SPORTS CONSULTING:
- Client: designates any hotel, club and, more generally, any tourist or sporting operator who is registered on the Website in order to use the matching service.
- Agreement or Usage Conditions: designates the agreement concluded between WATER SPORTS CONSULTING and the Client.
- Short Duration Assignment: designates an assignment given by a Client to a Sports Instructor, the duration of which is less than or equal to thirty (30) days.
- Long Duration Assignment: designates an assignment given by a Client to a Sports Instructor, for which the duration is greater than thirty (30) days.
- Sports Instructor: designates the sports instructor who is register on the Website to use the matching service for purposes directly related to his professional activity.
- Party: in the singular, individually designates WATER SPORTS CONSULTING or the Client and, in the plural, collectively designates WATER SPORTS CONSULTING and the Client.
- Profile: designates all of the information relating to a Sports Instructor. All or part of the information in the Profile is accessible to other users of the matching service on the Website as a "professional information sheet".
- Website: designates the electronic matching platform between Sports Instructors and Clients, accessible at the address (www.careers.wsc.eu.com).
ARTICLE 3 – Registration on the Website
3.1 To register, the Client must create a user account on the Website, by a procedure that includes giving a valid email address and choosing a password. These identifiers are personal and the Client undertakes to keep them confidential.
3.2 Registration on the Website enables the Client to view the Profiles of the Sports Instructors on the Website.
ARTICLE 4 – Making contact in view of the introduction by WATER SPORTS CONSULTING
The Client can select the Sports Instructors for which he requests WATER SPORTS CONSULTING to send them a proposal for an assignment, or make contact with WATER SPORTS CONSULTING to ask it to select the Sports Instructors who may fulfil the requirements for the requested assignment.
The Client and the Sports Instructor shall be free to either conclude or not conclude an agreement, and, if applicable, the terms and conditions of the agreement.
ARTICLE 5 – Exclusivity and non-competition
5.1 It is emphasised that WATER SPORTS CONSULTING grants no exclusivity to the Client and reserves the right to propose its services to other clients or prospects seeking a Sports Instructor.
5.2 The Client is free to conclude any contract or maintain any relationship with services providers, representatives or agencies, or to seek a Sports Instructor through his own resources, subject to the provisions of the present article.
ARTICLE 6 – Personal data
6.1 Personal data
The execution of the Agreement involves the collection and processing of personal data concerning Sports Instructors. Clients must ensure that they comply with the applicable provisions relative to personal data on Sports Instructors, and particularly the provisions of the French data protection law dated 6 January 1978.
The data transmitted by WATER SPORTS CONSULTING to the Client is communicated confidentially for the exclusive purposes of executing the Agreement. This transmission does not under any circumstances mean that this data may be sub-transferred.
Clients undertake to maintain the confidentiality of data addressed to them, and to set up procedures to protect the security and confidentiality of the data.
Cookies are small files which request permission to be installed on the computer's hard disk and which contain information on the pages read on this website, to facilitate subsequent use of the Website by retaining the preferences chosen by the user during his visit.
A cookie is likely to be installed in the user's browsing software when he visits the Website.
The Client may control and stop the cookies being saved by referring to the browser on his computer (Internet Explorer, Firefox, Chrome, Safari, etc.), and its help section. The browser can be configured, according to preference, to deactivate cookies, to refuse saving them or to request a warning each time that a new cookie is transmitted to the computer or mobile terminal.
WATER SPORTS CONSULTING informs the Client that access to all of the functionalities of the Website risks being impossible or significantly compromised if the saving of cookies is refused.
ARTICLE 7 – Liability
WATER SPORTS CONSULTING requests Sports Instructors to send it information and documents that are up-to-date, complete and accurate, and keep them updated. WATER SPORTS CONSULTING expressly checks these documents. WATER SPORTS CONSULTING cannot be held responsible to the Client or any third party for any false declarations by the Sports Instructor and/or falsified documents that were not found during this express check.
It should be understood that WATER SPORTS CONSULTING is a third party to any agreement that may be concluded between the Sports Instructor and his Client, with WATER SPORTS CONSULTING supplying only the means of putting them in contact and possibly concluding an agreement. WATER SPORTS CONSULTING shall have no responsibility concerning the execution of any agreement.
The Client and the Sports Instructor are solely responsible for any harm that they respectively cause to the other or to third parties, which results from a breach of their legal or contractual obligations pursuant to the agreement between the Client and the Sports Instructor.
The Client and the Sports Instructor each undertake to have unlimited liability to each other and to third parties for any harmful consequences in case of complaints, legal action, third-party claim or implication of liability, before any jurisdiction whatsoever, which could result from a breach in their legal or contractual obligations arising from any agreement between the Client and the Sports Instructor.
ARTICLE 8 - WATER SPORTS CONSULTING'S PRICING
The use of the electronic matching platform (www.careers.wsc.eu.com) is free of charges.
WATER SPORTS CONSULTING reserves the right to modify this pricing and/or the terms of application of this pricing, one (1) month following its notification to the Client.
ARTICLE 9 – Maintenance
WATER SPORTS CONSULTING may have to interrupt accessibility to the Website, wholly or partly, due to site maintenance. In this case, the Client will be informed of this by a notice on the Website.
ARTICLE 10 - Suspension of the Client's account
10.1 Conditions for the suspension of the account
WATER SPORTS CONSULTING may suspend a Client's account in case the Client breaches one of his obligations under the Agreement. If applicable, the account will be suspended until the Client has remedied the shortcoming concerned.
However, if the nature of the shortcoming is such that the Agreement cannot be continued, then WATER SPORTS CONSULTING can cancel it under the conditions mentioned in the article "Terminating the Agreement".
10.2 Consequences of the suspension of the account
If the account is suspended, the Client may no longer access the Profiles of Sports Instructors or the other functionalities of the Website during this period.
You are reminded that suspension of the account does not suspend the obligations of WATER SPORTS CONSULTING towards the Client. The Client therefore remains liable to execute the obligations incumbent upon him according to the terms of the Agreement and the obligations to which he is committed pursuant to an agreement concluded with a Sports Instructor
ARTICLE 11 - Use of the database – Intellectual property rights
11.1 WATER SPORTS CONSULTING grants the Client a non-exclusive right to access and use the WATER SPORTS CONSULTING database in order to insert the required information and documents therein.
Access to the database’s contents is provided to the Client solely for the needs of performing the Agreement and may not be used for other purposes.
Furthermore, the Client acknowledges that WATER SPORTS CONSULTING is the worldwide holder of all rights over the database, the information contained therein, and any excerpts from or compilations of the database, and that this database may contain, in particular, information that the Client transmitted to WATER SPORTS CONSULTING pursuant to this Agreement.
Consequently, the Client shall not copy, reproduce, or distribute any or all of the database, in any form whatsoever.
11.2 WATER SPORTS CONSULTING owns the rights to all elements present on the Website (notably the text, images and software other than elements sent by the Client), which are protected by French and international laws on intellectual property. The Client shall therefore refrain from copying, reproducing or disseminating all or part of the Website in any form whatsoever.
The Client shall not infringe these rights in any way whatsoever.
ARTICLE 12 - Relationship between the Parties
No provision of this agreement shall create a de facto or de jure joint venture, commercial agency agreement, or employer-employee relationship between the Parties.
No provision of this agreement may be interpreted as authorising WATER SPORTS CONSULTING to negotiate and/or enter into contracts on behalf of the Client. Neither Party may make or accept offers or make representations on behalf of the other Party.
Neither Party shall make any representations in any format or on any media in violation of this article.
The Parties shall ensure there is no confusion in the minds of third parties as to the fact that they are independent partners.
The Client shall be liable for all the statutory and regulatory obligations incumbent upon him due to his business activity, and in particular his accounting, tax, and social contribution obligations. More broadly, he assumes all risks individually and is solely liable for any losses related to his activity, and shall remain solely liable for the regular payment of his rent and expenses of all kinds, as well as for current and future taxes related to his commercial activity.
ARTICLE 13 – Terminating the Agreement
13.1 Termination at the initiative of the Client
The Client may terminate the Agreement at any time by de-registering from the Website.
13.2 Termination at the initiative of WATER SPORTS CONSULTING
Except in the case of force majeure, if the Client breaches any of his obligations, WATER SPORTS CONSULTING may put the Client on notice to comply with his obligations. Such notice shall be sent by email to the email address appearing in this Agreement and shall expressly mention the sender’s intent to terminate the Agreement if such obligations are not satisfied. If the Client does not remedy his breach within thirty (30) days of receiving such email, WATER SPORTS CONSULTING may terminate the Agreement ipso jure by sending a second email.
However, if the nature of the unperformed obligation makes it impossible for the Client to remedy his breach, WATER SPORTS CONSULTING may immediately and ipso jure terminate the Agreement, without prejudice to its right to collect damages, after the breach has been established by sending an email to the email address appearing in this Agreement.
13.3 Consequences of the Agreement's cessation
The Client is informed that the cessation of the Agreement will have the following consequences:
- his account will be deleted at the end of the agreements concluded with Clients.
It is emphasised that terminating the Agreement has no impact on the execution of any agreements that may have been concluded by the Client with Sports Instructors. These remain required to execute their obligations under the conditions that they have determined.
ARTICLE 14 – Transfer of the Agreement
The Client may not transfer or delegate, for any reason whatsoever, fully or partially, in return for payment or free of payment, the rights and obligations arising from the Agreement to a third party, without the prior, written agreement of WATER SPORTS CONSULTING.
However, WATER SPORTS CONSULTING may transfer or delegate, to any third party, all or part of its obligations or benefits pursuant to the Agreement. Likewise, WATER SPORTS CONSULTING may freely subcontract, to one or more third parties, all or part of the obligations incumbent upon it pursuant to the present Agreement.
ARTICLE 15 - General provisions
15.1 Entire Agreement
The Agreement represents the entire agreement existing between the Parties concerning its subject.
If any provision of this Agreement is found to be wholly or partially invalid, the validity of the remaining provisions shall not be affected. In such case the Parties must, if possible, replace the invalid provision with a valid provision in accord with the spirit and purpose of the Agreement.
15.3 No waiver
The fact that a Party abstains from exercising any right or remedy related to a breach by the other Party of any of its obligations or undertakings under the Agreement shall not constitute final waiver of such right or remedy regarding such breach or any future breach.
All notices or communications between the Parties pursuant to the Agreement shall be deemed to have been legitimately delivered if they are sent by email to the following address:
- For the Client: to the address present on the header of the Agreement; - For WATER SPORTS CONSULTING: email@example.com.
All email shall be deemed to have been received three (3) days after its dispatch by the Party concerned. If it is not possible for a Party to access its email during this period, the Party concerned must inform the other Party thereof by email.
If either Party changes the email address indicated above, it shall so inform the other Party no later than the day the change is made.
ARTICLE 16 - Language of the Agreement
The Agreement is written in the English language. If it is translated into one or more other languages, only the English version shall be valid between the Parties.
ARTICLE 17 – Arbitration
Any disputes that may arise regarding the validity, interpretation, performance or non-performance, suspension, or termination of the Agreement shall be submitted for arbitration according to the arbitration rules of the Centre for Mediation and Arbitration (Centre de médiation et d’arbitrage de Paris) of the Paris Chamber of Commerce (Chambre de commerce et d’industrie de Paris Ile-de-France). The Parties represent that they have knowledge of and accept such rules.
The appointed arbitrator or arbitrators shall rule as amiable(s) compositeur(s).
The awards granted shall be final and may not be appealed or reviewed.