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 Sports Instructor is authorised to access and use the Website.
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: Introducer: designates an individual person or legal entity having a specific network of relationships in the targeted field of activity, who is registered on the Website in order to introduce Sports Instructors to WATER SPORTS CONSULTING, in the capacity of a merchant. The Introducer exercises other activities at the same time. The introduction of business covered by the present Agreement constitutes only a supplemental activity.
- 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 Sports Instructor.
- 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 Sports Instructor and, in the plural, collectively designates WATER SPORTS CONSULTING and the Sports Instructor.
- 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 and creation of a Profile
3.1 To register, the Sports Instructor 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 Sports Instructor undertakes to keep them confidential.
3.2 The Sports Instructor must then create a Profile by entering the various items of information and inserting the documents indicated on the Website. This information and these documents are mandatory unless they are indicated as being optional.
3.3 If the Sports Instructor was introduced by an Introducer, the Sports Instructor may seek the aid of the Introducer to create his account and/or Profile. You are reminded that WATER SPORTS CONSULTING is under no circumstances responsible for providing this help. The Sports Instructor and/or the Introducer shall be solely liable in case of non-compliance with the present Agreement and/or the applicable regulations.
ARTICLE 4 – Registration process, information and documents
4.1 WATER SPORTS CONSULTING will check that the Profile includes all of the required information and documents before publishing the Profile on the Website.
4.2 The Sports Instructor declares that he holds all of the rights relative to photographs and videos that are necessary for their exploitation (and particularly reproduction on the Website) and/or their modification. The Sports Instructor authorises WATER SPORTS CONSULTING to use all or part of the photographs or videos for the execution of the Agreement and/or to modify them to allow correct presentation on the Website. 4.3 The Sports Instructor undertakes to supply information and documents to WATER SPORTS CONSULTING that are up-to-date, complete and accurate. The Sports Instructor undertakes to maintain these documents and information up-to-date, by immediately modifying his profile.
4.4 The information and documents which must be completed on the Website may change during the execution of the Agreement. WATER SPORTS CONSULTING undertakes to inform the Sports Instructor of this by email, with a notice period of eight (8) days.
The Sports Instructor shall have a period of fifteen (15) days from this notification to update his Profile. During the period of fifteen (15) days following the notification and/or if it is not updated, the Sports Instructor's old Profile will continue to be published on the Website.
4.5 WATER SPORTS CONSULTING emphasises that this information and these documents, once inserted into the Website, may wholly or partly be accessible to users registered on the Website (Sports instructors, Clients and Introducers), to administrators of the Website, and to employees and personnel of WATER SPORTS CONSULTING.
4.6 The Profile will be created under the sole responsibility of the Sports Instructor. It is therefore his responsibility to make sure that the information and documents that he inserts comply with the Agreement and applicable regulations and that they do not harm the rights of third parties. WATER SPORTS CONSULTING is under no circumstances obliged to make any checks in this respect.
However, if WATER SPORTS CONSULTING is informed that the information and/or documents published by the Sports Instructor do not comply with these conditions, it may suspend the Sports Instructor's Profile as specified in the article "Suspension of the Profile".
ARTICLE 4 bis – 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 – Exclusiveness and non-competition
5.1 It is emphasised that WATER SPORTS CONSULTING grants no exclusivity to the Sports Instructor and reserves the right to propose its services to other Sports Instructors.
5.2 The Sports Instructor is free to conclude any contract or maintain any relationship with services providers, representatives or agencies, or to seek a Sports Instructor assignment through his own resources, subject to the provisions of the present "Exclusivity and non-competition" article.
ARTICLE 6 – Sponsorship
The Sports Instructor may present, to WATER SPORTS CONSULTING, any other sports instructor who might be interested in becoming registered on the Website. In this case, the Sports Instructor must contact WATER SPORTS CONSULTING to learn the conditions in force for this sponsorship.
ARTICLE 7 – Personal data
The present article defines the way in which WATER SPORTS CONSULTING uses and protects the information sent by the Sports Instructor on the Website (To be completed) in order to use the services offered by WATER SPORTS CONSULTING.
In accordance with the provisions of the French data protection law dated 6 January 1978 modified, the automated treatment of the nominative data done from the Website has been subject to declaration n° (To be completed) with the French data protection authority (CNIL).
At the time when personal data is collected, and in accordance with the provisions of the French data protection law dated 6 January 1978 modified, all of the provisions of the present article 4 are given as a reminder, to ensure that the Sports Instructor knows that his personal data will be collected and processed by WATER SPORTS CONSULTING, and the purpose of this processing.
At the time of the collection, the Sports Instructor gives his free, specific and knowledgeable consent to the processing of personal data concerning him.
7.1 Processing of personal data
The Sports Instructor's personal data, collected through the forms present on the Site (To be completed), is processed by WATER SPORTS CONSULTING SAS. This information is necessary to the execution of the present Agreement.
Also, the Sports Instructor agrees that WATER SPORTS CONSULTING may process, retain and transmit the personal data under the conditions specified within the present article. The data controller is WATER SPORTS CONSULTING, represented by its Chairman, Mr Julien Dinin.
All of the information collected by WATER SPORTS CONSULTING is intended for the execution of the Agreement by WATER SPORTS CONSULTING and all of the consequences that may result from this. Failure to respond or giving inaccurate content could prevent WATER SPORTS CONSULTING from performing all or part of its duties, or lead to the Sports Instructor's Profile being deleted. Consequently, the said data must be supplied to WATER SPORTS CONSULTING unless it is specified as optional.
WATER SPORTS CONSULTING collects the following data:
- The identity: form of address, surname, forenames, address, telephone number, email address and date of birth,
- The means of payment: bank account details, cheque number, bank card number, expiration date of the bank card, - The family, economic and financial situation: profession, certificate of aptitude, diplomas and professional insurance,
- Invoice payments: procedures for payment, receipts, balances and unpaid amounts,
- The Sports Instructor's medical certificate.
WATER SPORTS CONSULTING collects personal data to:
- Allow the execution of the present Agreement, particularly through the provision of a profile on the Website, keep and manage files in the Website's database and monitor the relationship;
- Enable operations relative to canvassing to be performed, to put partners of WATER SPORTS CONSULTING (including Clients) in touch with the Sports Instructor to conclude an agreement;
- Carry out prospecting operations;
- Manage requests for entitlement to access, rectification and objection;
- Manage unpaid invoices and disputes.
The personal data collected may be sent to the following recipients:
- To any partner (including Clients) with whom the Sports Instructor may conclude an agreement so that this data may be sent to countries located outside the European Union, to countries recognised by the European Commission as providing an appropriate level of protection or to a US company that has joined Safe Harbor and, if applicable, to countries not guaranteeing the security of personal data according to the meaning of article 68 of the law dated 6 January 1978 modified;
- To any person who needs this information to perform the operations assigned to them by WATER SPORTS CONSULTING (persons responsible for the marketing service, the commercial service, services responsible for handling customer relationships and prospecting, administrative services and logistic and IT services, including maintenance, collection, and their hierarchical managers);
- To any subcontractor of WATER SPORTS CONSULTING which collects personal data on Sports Instructors upon instruction from WATER SPORTS CONSULTING;
- To any authority that requests it.
WATER SPORTS CONSULTING will take all relevant precautions to protect the personal data transmitted in terms of security and confidentiality against any loss, improper use, or unauthorised access or transmission. However, due to the rather insecure nature of the Internet, WATER SPORTS CONSULTING cannot be held responsible if a third party accesses or intercepts the Sports Instructor's personal data, except in the case of any fault on its behalf.
The Parties also agree that the communication of the Sports Instructor's data to third parties is always done in the interest of the Sports Instructor and with his consent.
In order to prevent unauthorised access or disclosure, WATER SPORTS CONSULTING has set up physical, electronic and administrative procedures to safeguard and secure the information collected online.
The data sent to partners of WATER SPORTS CONSULTING (including Clients) is communicated confidentially, and no further transfer is tolerated. Clients also undertake to maintain the confidentiality of data addressed to them, and to set up procedures to protect the security and confidentiality of the data.
WATER SPORTS CONSULTING may also have to keep certain personal data concerning the Sports Instructor in order to comply with its legal and regulatory obligations and send it, if applicable, under the conditions fixed by the law and/or its declarations to the French data protection authority (CNIL).
Also, WATER SPORTS CONSULTING reserves the option to send to the Sports Instructor, including by email, unless the Sports Instructor objects, at the time of the collection or in the said emails:
- One or more periodic information letters pursuant to the Agreement,
- Or promotional information relative to products and services similar to those that are the subject of the Agreement,
- Or information or promotional offers relative to products or services proposed by WATER SPORTS CONSULTING providing that the Sports Instructor has expressed his prior consent to receive this promotional information.
WATER SPORTS CONSULTING informs the Sports Instructor that the personal data concerning him is collected for the period that is strictly necessary for the management of their relationship.
7.2 Personal data on third parties
If the Sports Instructor sends WATER SPORTS CONSULTING personal data on a third party, the Sports Instructor undertakes to obtain his express and prior consent to this concerning the transmission and processing of the said data by WATER SPORTS CONSULTING. The Sports Instructor also undertakes to notify him of the elements given in the present article, and in particular, the rights that he has and how to exercise them.
7.3 Exercise of rights related to personal data
In accordance with the provisions of law n° 78-17 dated 6 January 1978 (French data protection law), WATER SPORTS CONSULTING informs the Sports Instructor that he has a right to access, rectify, supplement, update or delete personal data concerning him, and a right to object to information concerning him.
To exercise his rights, the Sports Instructor can contact WATER SPORTS CONSULTING, (To be completed: name of the responsible service), by email at the address email@example.com.
The Sports Instructor's request should be accompanied by any relevant justification and particularly an ID document, and must precisely specify the subject of his request.
In case of an incomplete request, WATER SPORTS CONSULTING may ask the Sports Instructor to supply any additional information so that the request can be processed.
Furthermore, in accordance with articles 32 and following of the French data protection law, WATER SPORTS CONSULTING may request the Sports Instructor to confirm his identity and, in the cases specified by the law, explain his legitimate reasons before responding to any request.
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 Sports Instructor 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 Sports Instructor that access to all of the functionalities of the Website risks being impossible or significantly compromised if the saving of cookies is refused.
ARTICLE 8 – Liability
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 9 - Compliance with the WATER SPORTS CONSULTING charter
The WATER SPORTS CONSULTING Charter presents best practices to respect the community, spirit and brand image of WATER SPORTS CONSULTING.
The Sports Instructor undertakes to comply with the WATER SPORTS CONSULTING Charter (available on the Website via the following link: (To be completed), which forms an integral part of the Agreement, and any charters issued by its certifying organisation.
ARTICLE 10 - WATER SPORTS CONSULTING'S PRICING.
The use of WATER SPORTS CONSULTING web 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 Sports Instructor.
ARTICLE 11 – Maintenance
WATER SPORTS CONSULTING may have to interrupt accessibility to the Website, wholly or partly, due to site maintenance. In this case, the Sports Instructor will be informed of this by a notice on the Website.
ARTICLE 12 - Suspension of the account
12.1 Conditions for the suspension of the account
WATER SPORTS CONSULTING may suspend a Sports Instructor's account in case the Sports Instructor breaches one of his obligations under the Agreement. If applicable, the account will be suspended until the Sports Instructor 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".
12.2 Consequences of the suspension of the account
If the account is suspended, the Sports Instructor's Profile will no longer be accessible by users of the Website until the shortcoming mentioned has been remedied.
You are reminded that suspension of the account does not suspend the obligations of WATER SPORTS CONSULTING towards the Sports Instructor. The Sports Instructor 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 Client.
ARTICLE 13 - Use of the database – Intellectual property rights
WATER SPORTS CONSULTING grants the Sports Instructor a nonexclusive 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 Sports Instructor solely for the needs of performing the Agreement and may not be used for other purposes.
The Sports Instructor 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 Sports Instructor transmitted to WATER SPORTS CONSULTING pursuant to this Agreement.
Consequently, the Sports Instructor shall not copy, reproduce, or distribute any or all of the database, in any form whatsoever.
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 Sports Instructor), which are protected by French and international laws on intellectual property. The Sports Instructor shall therefore refrain from copying, reproducing or disseminating all or part of the Website in any form whatsoever.
The Sports Instructor shall not infringe these rights in any way whatsoever.
ARTICLE 14 - 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 Sports Instructor. 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 Sports Instructor 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 15 - Duration
The Contract comes into force as of the Contract’s date of acceptance by the Sports Instructor by way of checking off the box on the Website, with no set term.
ARTICLE 16 – Terminating the Agreement
16.1 Termination at the initiative of the Sports Instructor
The Sports Instructor may terminate the Agreement at any time by de-registering from the Website.
16.2 Termination at the initiative of WATER SPORTS CONSULTING
In case of any breach by the Sports Instructor in the obligations incumbent upon him pursuant to the Agreement, WATER SPORTS CONSULTING may send him, by email, formal notice to remedy it. If, following a period of fifteen (15) days from the date of issue of this formal notice, the Sports Instructor has not complied with his obligations, then WATER SPORTS CONSULTING may terminate the Agreement ipso jure by sending a second email.
However, if the nature of the commitments not complied with makes it impossible to pursue the Agreement, WATER SPORTS CONSULTING may terminate the Agreement ipso jure immediately after confirming the shortcoming by dispatching an email.
16.3 Consequences of the termination
The Sports Instructor is informed that terminating the Agreement will have the following consequences:
- the Profile is deleted,
- 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 Sports Instructor with Clients. These remain required to execute their obligations under the conditions that they have determined.
ARTICLE 17 – Transfer of the Agreement
The Sports Instructor 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 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 18 - General provisions
18.1 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.
18.3 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 Sports Instructor: to the address entered in his Profile;
- For WATER SPORTS CONSULTING: firstname.lastname@example.org.
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 19 - 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 20 – 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.
EXPRESS CONSENT TO THE PROCESSING OF PERSONAL DATA:
The Sports Instructor is informed and expressly agrees that the medical certificate sent is processed by WATER SPORTS CONSULTING to certify his fitness to exercise his profession.
The Sports Instructor is informed and expressly agrees that his personal data is transferred to addressees, partners of WATER SPORTS CONSULTING (including Clients), located in foreign countries which are not recognised by the European Commission as guaranteeing a sufficient level of protection, for introductions to these addressees.
The Sports Instructor is informed and expressly agrees to receive, by email, promotional offers relative to other products or services proposed by WATER SPORTS CONSULTING.