General conditions of use and sale of the site www.fitners.com

1 / Preamble

Fitners is a web-based platform to link sports coaches and participants wishing to take live fitness classes via a video conference system. The present “general conditions of use and sale” interacting the legal framework of the use of the site www.fitners.com and defines the obligations and rights of the users put in relation through the platform.

This contract is concluded between:

“The company Fitners”, SAS registered at the RCS Lyon under No. 838089910, with variable capital of 8000 €, and whose registered office is located at 13 rue Bellevue, 69740 Genas.
(Hereinafter called “Fitners”)

and

Anyone who has a personal account on this site and thus benefiting of the platform services. The User includes both the service providers designated as “Sports Coach” and the clients designated as “Participant”.
(Hereinafter called “the User”)

The general conditions of use must be accepted by any User, and the access to the site constitutes acceptance of these conditions.

2 / Access to services

2.1
Any use of the services of Fitners is subject to the prior creation of a personal account (with email address and password) and acceptance of these terms and conditions of use and sale. These terms and conditions of sale prevail over all others and have for purpose of informing users of their rights and obligations.

To register on the Fitners website, the User must be 18 years old and legally able to accept these terms of use and sale. Users under the age of 18 may nevertheless use the services of Fitners under the profile of one of their parents and with the prior consent of the latter.

Fitners is a web-based platform. The costs incurred by the User to access the services (internet connection, hardware, etc.) are not the responsibility of the Fitners Company.

2.2
To provide services as a Sports Coach on the Fitners website, the User must fill out a form on the website. Then Fitners will contact him / her to pass a validation interview. The Sport Coach must accept the Coaching Quality Check (link) with respect to Fitners / Clients and adhere to the values ​​of the company (link).

2.3
If the information provided by the User is inaccurate or false, the Company Fitners resserves the right to terminate the services and close the account of the User.

3 / General conditions of sale

3.1
Before committing, the Participant is required to read the information provided by the site about the Sport Coach and the service he is about to contract.

3.2
The commitment between the Participant and the Sport Coach is formalized as soon as the payment is made on the site. Under no circumstances can a service be provided without prior payment.

The Sport Coach is then obliged to honor the service except in cases of vis major beyond his control. In this case, no refund can be made, but the Fitners Company will offer to the Participant another time slot with the same Sports’ Coach or a similar alternative with another Sports Coach.

3.3
Payment for the service is made by secure payment (Stripe) made available to Users on the site.

The deposit of the fees of the service is carried out on a dedicated account opened in the name of the Company. Once the payment is recorded in the dedicated account, the Company is the only one entitled to order the bank to pay the Coach, less the commission due to the Company for the use of its services.

3.4
Sport coaches who register on the Fitners platform and offer their services must mandate Fitners to establish and issue their invoices on their behalf by accepting the Billing Mandate.

Once the service has been performed, an electronic invoice is drawn up by the Fitners Company on behalf of the Coach on the basis of the information provided by the latter during his registration. The Sport Coach is therefore required to provide all legal information and other necessary data to ensure that the information in the registration form is accurate. Fitners Company is not responsible for any errors made by the Coach in the registration form.

3.5
Any cancellation made by the Participant at least 24 hours before the meeting will be subject to a full refund of the amount committed.

3.6
The Participant can still access the class when late for the session, but won’t get any refund for any booked session partially or fully missed.

4 / Fees of services

The Sport Coach determines according to his own criteria the fees of the service per Participant in a price range between € 5 and € 10 including tax per session (fees may vary depending on the offer of the market).
A percentage of this fee will be charged by Fitners to the coach as commission for the services provided. The total price inclusive of VAT paid by the User includes the real price of the Service including the commission of intermediary for Sports Coach account granted by the Company.

An additional 0.5€TTC per session will be charged to the Participant for the administrative and operating fees of the platform.

5 / Responsibilities of the User

5.1
The User is solely responsible for the use of his/her username and password, and the sole guarantor of their confidentiality.

5.2
The site allows members to publish on the site:
opinions and comments on the sports coaches they received services
Appropriate personal images, the content of which illustrates Fitners’ operation and service

On any occasion, the User agrees to make respectful and kind remarks to other Users and agrees that these publications are moderated or refused by the Fitners Company, without obligation of justification. In any case, the User is not authorized to publish offensive, slanderous, sexist, racist or calumnious remarks likely to damage the image of the Fitners Company and / or its Users.

By posting on the site, the User transfers to Fitners the non-exclusive and free right to represent, reproduce, adapt, modify and distribute its publication, directly or by an authorized third party. Fitners, however, agrees to cite the member in case of use of its publication.

5.3
The User is solely responsible for the contracts concluded between him/her and another User as part of a coaching service provided through the Fitners site, whose mission is to put them in contact and to provide them with the necessary technology . The Company is in no way involved in the contract between a Sport Coach and a Participant. The proper performance of the commitments made between the Sporting Coach and the Participant as well as the quality of the service cannot in any case be the responsibility of the Fitners Company, except with regard to its responsibilities as a service provider and delivery platform in relation to a customer and a provider (defined in point 6).

5.4
The Fitners Company disclaims any responsibility for:
Participant’s level of health and fitness to use the services of a Sport Coach
The accuracy of the information provided by Users (personal data, professional qualifications …)
Quality, punctuality and compliance with the expectations of the Sport Coach’s delivery
The moral quality and the good faith of the Users

The User who reserves a fitness course online must, at any time if the Sports Coach requires it, be able to provide a medical certificate attesting to his/her health and the non-contravention to the practice of the chosen discipline. Fitners can in no way be held responsible for injuries or health problems occurring during a sports coaching service on its site.

5.5
The Fitners Company can not be held responsible for failure to perform a service due to technical failures of the User’s equipment or network malfunction. The User is required to ensure the good condition of the communication and its equipment before the start of the session. Recommendations are provided for this purpose to ensure an optimal service experience.

5.6
The Sports Coach agrees not to provide personal data to other Users such as his address, his phone number, his email address and accounts on social networks. The Sports Coach undertakes not to contact a Participant directly without going through the linking services provided on the site.

The Sport Coach and the Participant connected through the Fitners site undertake to have an honest use of the site and to contract the services of coaching exclusively through the site Fitners without seeking to get in touch in a roundabout way.

5.7
The User agrees not to use the services of the site to solicit a customer or promote a product or service other than those proposed by Fitners.

6 / Responsibility of the Fitners Company

6.1
Fitners Company has the obligation to make every effort to ensure access to the site and its smooth operation 7 days a week, 24 hours a day. The Fitners Company must provide the necessary technical system to connect the Users, to book the courses, to the payment and billing thereof, and to the smooth running of sessions via the video conference system.

However, any malfunction of the server or the network can not engage the responsibility of the Fitners Company. Similarly, the site can not be held liable in case of force majeure or the unpredictable and insurmountable of a third party.

The Fitners Company grants itself the right to interrupt or temporarily suspend its services on the site, in particular during a maintenance, without obligation of notice or justification.

6.2
The Fitners website is committed to guarantee the security and confidentiality of the data in accordance with the provisions of the law n ° 78-17 of 6 January 1978 called “Informatique et Libertés” and the General Data Protection Regulation of 27 April 2016 (RGPD).

6.3
The Fitners Company reserves the right of a non-guarantee of the reliability of the sources, although the information diffused on the site is reputed reliable.

7 / Hypertext links

7.1
Users are permitted to create hypertext links to a page on the www.fitners.com site, but can not create links from sites that would damage interests or damage Fitners’ reputation.

7.2
The partner sites or domains to which hypertext links lead on the Fitners site do not engage the responsibility of the Fitners Company, which has no control over these links and can not therefore be held responsible for the content of these sites. .

8 / Customer service

For any question or information about the Fitners website and its services, the User may:
consult the information provided in the FAQ.
use the form available under the “contact” tab.
send an email to the following address: info@fitners.com.
post your questions on the “Community” page accessible to all Fitners Users.
ask questions to the coach in the chat available during the 5 minutes following the session.
use the livechat

The Fitners Company undertakes to answer all requests within 24 hours during business opening days.

9 / Evolution of the general conditions of use

The Fitners Company reserves the right to modify the clauses of these general conditions of use and sale at any time and without justification.

Users will be notified of any changes to these terms and conditions of use and sale as soon as they are posted on the site. Without notification from the User within 24 hours, the latter will be deemed to have accepted these changes.

10 / Duration of the contract

The duration of this contract is indefinite. The contract has effect with respect to the User from the beginning of the use of the service.

11 / Applicable law and competent jurisdiction

This contract is subject to French law.
Any dispute arising from the transactions referred to herein, and cases of non-amicable resolution between the User and the Company Fitners, the case will be submitted to the competent courts.