CoachClub ® is a coaching service in Sports, Physical Activity and Wellness, accessible to CoachClub members through internet, television via ADSL, phone and mobile phone. Some features of the CoachClub Service are free and others have to be chargeable.
ARTICLE 1. DEFINITIONS
" Subscription Package" means a Subscription package providing access to paid subscription CoachClub services , either at will for a limited period of time, which may be 15 days, 1 month, 2 months, 3 months, 4 months, 5 months, 6 months and 12 months, tacitly renewable regardless of the method of payment (credit card or other system for managing recurring payments).
"Service (s)" means all services, paid or free, available to CoachClub members.
"Service Fee (s)" refers to all Services available to members with a valid CoachClub Subscription package.
"Member (s)" means one (or all) user (s) validly registered for CoachClub Service (s) who has (have) paid or not to use CoachClub.
ARTICLE 2. ACCESS AND REGISTRATION TO COACHCLUB SERVICES
2.1 Conditions of access and registration
Any equipment (computer, software, telecommunications, etc..) providing access to the Services are the sole responsibility of the Member, as well as telecommunications costs incurred by their use. To be a member of CoachClub, the member must have completed all mandatory fields on the registration forms. The Member insures that the information communicated is accurate and truthful. He promises to inform CoachClub immediately of any modification of the data he has provided during registration and, where appropriate, to make these changes himself in his personal profile on the CoachClub website.
When the conditions for registration are met, each Member shall have one or more identifier (s) (login) and one or more password(s), according to the different services to which he has subscribed (internet, newsletters, telephone), which are strictly personal and confidential and shall not be disclosed or shared with third parties. Except in cases of misconduct from CoachClub itself or technical malfunction of the Service, the Member will be responsible for the use of these items of identification by third parties or the actions or statements made through his personal account of membership, whether they be fraudulent or not and guarantees CoachClub against any claims of this kind. In addition, CoachClub is not required and does not have the technical means to verify the identity of people registering for the Services. If the Member has reason to believe that a person is using his identifying information or account, he must immediately inform CoachClub. When a Member wishes to sponsor a friend and provides contact information to CoachClub, he promises to having first obtained the consent of this friend for CoachClub to process their data, which will only be used to address e-mails informing them about CoachClub and its Services, only to Members having provided CoachClub their contact information,. Where appropriate, the Member supplies such information freely and voluntarily and under his exclusive responsibility. For safety and quality of service purposes, CoachClub will deactivate the accounts of Members who have not been using it for a period greater than or equal to 6 (six) months after the termination of a Subscription.
2.2 Right of withdrawal
In accordance with Article L 121-20 of the French Consumer Code, the Member is informed that he has a period of seven days from the purchase of Services to exercise his right of withdrawal without penalty and without cause. However, pursuant to Article L. 121-20-2, 1 of the French Consumer Code, the right of withdrawal cannot be exercised once the Member has accessed the Services concerned.
ARTICLE 3. COACHCLUB USE
3.1. CoachClub obligations
CoachClub will remotely and electronically provide a sports coaching service through virtual and physical electronic communications services. CoachClub’s activity does not cover the provision of Internet access or the provision of an electronic communication service to the public. As a result, CoachClub does not have a legal obligation to identify Members when they connect to the CoachClub website or monitor content published by Members. CoachClub is not technically capable of providing such benefits, CoachClub does not contractually promise to verify the identity of members or the accuracy of the content they publish under their own responsibility or to mitigate such content.
3.2 Obligations of the Member
3.2.1. General obligations
A Member has, in general, an obligation to: demonstrate proper behavior towards CoachClub and other Members, respect the intellectual property rights relating to content supplied by CoachClub and other Members.
3.2.2. Special obligations
The Member is obligated to: Check for himself that he is physically fit to practice sports recommended by CoachClub. He promises to pass a medical exam in order to get medical confirmation that there are no contraindications to practicing amateur sports as a work-out method through CoachClub services.
ARTICLE 4. PRICE, PAYMENT TERMS, RENEWAL
The use of Paid Services means that the Member has a Subscription. Members may purchase a Subscription by credit card (online or by phone) or by check or by participating in games or services offered by CoachClub.
4.1. Prices, terms and conditions of payment
Prices and terms of payment are stated under applicable fees on the CoachClub website and during the presentation or the use of the paid services the Member wishes to purchase. Prices are expressed in Euros and include all taxes. These prices are non-negotiable and non-changeable during their period of validity, as described on the website. The seller reserves the right, outside this validity period, to change prices at any time. These do not include processing fees, shipping and transportation fees, which are billed separately according to conditions stated in the website and calculated at the time of purchase. The Client is required to pay the full amount of purchase, all fees included. The Member receives a Subscription on his account almost simultaneously when the credit card transaction is successful.
If the price cannot be determined in advance, the Seller must provide the price calculation and, if necessary, the additional shipping and transportation costs or any other costs. If these costs cannot be reasonably calculated in advance, the Seller will inform the Client that these fees may apply, in accordance with applicable regulations.
12-month Subscription: $14.99/month ($179.88 for the year) - £8.33/month (£100 for the year)
6-month Subscription: $19.99/month ($119.94 for 6 months)
3-month Subscription: $24.99/month ($74.97 for 3 months)
1-month Subscription: $29.99
4.2. Terms for subscription renewal and tacit renewal
The Member can, at any given time, inform CoachClub that he wishes to cancel his subscription at no other cost than that of sending his request.
This cancellation will take effect on the end date of the current subscription, in accordance with the provisions of the « Termination » Article 8 below and applicable regulations.
Promotional codes and discounts apply exclusively to the initial period of the subscription that is purchased. On the expiry date of this initial period, the Member will be automatically charged at the current rate displayed on the CoachClub website. The price will be linked to the initial period subscribed at the time of purchase, unless the Member requests a cancellation from CoachClub 48 hours before the end of the current subscription.
If no request is made in due time, the Subscription will be renewed for the same period as the initial subscription, until the member notifies CoachClub of his desire to cancel it under the conditions described in Article 8 "Termination" below.
In addition, information about the Subscription e is continuously displayed for Members in the "My Account" section of their profile, which allows them to manage their subscription and account options.
This Article 4.2 does not apply to “Lifetime” subscriptions.
Placing a membership order through the CoachClub website implies a contract agreement of a minimum period of one month (subject to the different lengths of memberships) tacitly renewable for the same period.
The Member is informed under article L-136-1 of the Consumer Code that:
« The service provider must inform the consumer by written notice, through a registered letter or by personal electronic mail, at least three months and no later than one month before the end of the period allowing for renewal cancellation, of the possibility of not renewing the contract agreed upon, which includes a tacit renewal. This information, given with clear and understandable terms in an obvious information box, sates the cancellation deadline. If this information was not provided according to regulations expressed in this first paragraph, the consumer may put an end to the contract for free, at any time from the renewal date. Fees paid after the last renewal date or, for open-ended contracts, after the change from a limited contract to an open-ended contract, are reimbursed within thirty days from the cancellation date, including all fees paid until then. If the reimbursement is not provided under the aforementioned conditions, the amount owed will generate legal interest rates. Regulations of this article apply without prejudice to those expressed by specific regulations under contracts concerning the information of the consumer. These three paragraphs aforementioned are not applicable to drinking water and water sanitation service providers.
4.3. Provision of services
CoachClub promises to make strong efforts to provide services purchased by the Member within the time frame aforementioned.
If services purchased are not provided within 15 days after the date aforementioned, for any reason other than force majeure or fault from the Member, the sale can be cancelled through written request from the Member under the conditions stated in articles L-138-2 and L-138-3 of the Consumer Code. The amount paid by the Client will therefore be reimbursed no later than 14 days after cancellation of the contract, except for any compensation or withholding.
ARTICLE 5. MEMBER PRIVACY AND DATA PROTECTION
CoachClub meets the strictest European and French standards of protection of privacy and personal data including the law "Data protection and Freedom" n ° 78-17 of January 6, 1978 as amended by Law 2004-801 of August 6 2004 into French law Directive 95/46/EC of 24 October 1995 on the protection of personal data and privacy within the European Union and the law on "confidence in the digital economy" No. 2004 -575 of June 21, 2004 (transposing into French law of Directive 2000/31/EC of 8 June 2000 on electronic commerce and Directive 2002/58/EC of 12 July 2002 on the protection of personal data and privacy in electronic communications, subject to other applicable regulations.
CoachClub Files are subject to the authority of French personal data protection (Commission Nationale Informatique et Libertés - CNIL) under number 796865 and 802516.
Each member may, By writing to: CoachClub 2 Avenue of the Crystal Sevres 92 or by completing the contact form, indicating their personal identifiers, access or request access to information about how to modify or remove or prohibit a particular use of their information by CoachClub.
Each member may, upon registration or at any time thereafter, request to receive offers by email and / or on his mobile for products or services provided by CoachClub partners. Subsequently, each Member may request via CoachClub to receive or not the CoachClub newsletter and / or promotional offers that are sent by email and / or on his mobile from CoachClub and / or its partners by managing options under "My Account".
5.1. When does CoachClub collect information about about its Members ?
The Member is asked to provide information when registering for the Service, participating in a contest, responding to a survey, participating in the forum, buying a Subscription.
5.2. What information is collected by CoachClub ?
Personal information collected by CoachClub may include name, address and / or landline number and / or cell phone number, bank information, information on health history, information on fitness, information on Sports level , information on the use of the Service. In addition, certain non-personal information may be collected such as the browser version of the Member or any user (Netscape, Internet Explorer, etc..), The type of operating system (Windows 98, Mac Os, etc.). And the IP address of the computer used.
5.3. Who has access to this information?
5.3.1. The information collected about members when they register to CoachClub and their subscriptions to the Services are used to provide various services to these members. Every precaution has been taken on databases to store information in a secure environment. Only certain employees have access to this information and it is available to them only when needed. Personal information provided during registration will not be accessible to third parties nor transmitted, sold or exchanged, except as listed below and subject to prior agreement of the member, or in the absence of opposition from him/her.
5.3.2. CoachClub may send promotional offers from selected partners to its members subject to the member’s consent and only if they were informed during registration at no cost other than the sending of the request during registration . If the member does not wish to receive these offers, he may object at any time from the "My Account" section on the CoachClub site or by mail to the address mentioned in Article 12 below or by email at: email@example.com.
5.3.3. CoachClub may share general non nominative sociodemographic information with partners to enable them to target their announcements (by age category, sex, etc.). In these cases, Coachclub does not give information that would identify members.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. Content provided by CoachClub
All brands (including CoachClub ®), logos, graphics, photographs, animations, videos and texts featuring on the site and the CoachClub Service are the intellectual property of CoachClub or its partners and may not be duplicated, used or represented without the permission of CoachClub or its partners, under threat of prosecution. The use of this intellectual property by the Member is restricted to private and personal use for the duration of his membership CoachClub. Any other use is prohibited by the Member without the permission of CoachClub. The Member agrees not to modify, copy, duplicate, upload, post, transmit, commercially exploit and / or distribute and / or operate in any manner the videos of disciplines, the CoachClub site pages, or computer codes of the components of the Services and the CoachClub Site.
ARTICLE 7. LIABILITY AND WARRANTY
7.1 Use of CoachClub Site and Services
The Member must have the skills, hardware and software required for Internet use, or where appropriate, Internet service, telephone and Audiotel and recognizes that the characteristics and limitations of the Internet does not guarantee the security, availability and integrity of data transmissions over the Internet. CoachClub does not guarantee that the Services will operate correctly if the subscriber uses a "pop-up killer", in which case, this function must be disabled before using the Service. CoachClub does not guarantee that the Services will work if the ISP of the Member proves defective in its performance. Under these conditions, CoachClub is not responsible for any failure, lack of access or poor conditions of use of CoachClub due to inadequate equipment, to internal problems from the Member’s provider, overloading of the Internet, and for other extraneous reasons considered a force majeure as defined by the French courts. The operation of the Services may be momentarily interrupted for maintenance, updates or technical improvements, or to change the content and / or presentation. Wherever possible, CoachClub will inform its members prior to a maintenance or update.
In accordance with regulations and with no additional fees, CoachClub ensures the Member against any lack of conformity or hidden defect from a manufacturing or implementing defect of the services purchased under the conditions and terms of applicable regulations.
In order to preserve its rights, the Member will inform CoachClub , by written notice, of existing defects within 14 days after receiving the services. CoachClub will reimburse or rectify (if possible) the defective services no later than 14 days after CoachClub has found the defect. The reimbursement will be credited onto the Member’s bank account or by check in his/her name.
This guarantee is limited to the reimbursement of services paid for by the Member and CoachClub cannot be held responsible or defaulter for any delay or lack of performance due to a force majeure recognized by French jurisprudence.
Services provided through the CoachClub website are in accordance with French regulations.
ARTICLE 8. TERMINATION
Each Member may terminate its registration to CoachClub by requesting the closure of his account at any time with CoachClub at no cost other than those related to the transmission of the application and without cause, specifically through the section 'My Account 'on the CoachClub website dedicated to this purpose or by any other means indicated in this section. This request will be deemed to have taken place within 3 working days of receiving the request of closure.
This request does not prompt a reimbursement to the Member of the remaining time of the Subscription , unless the termination was proved to be based on misconduct by CoachClub under the conditions specified in the above Article 7.4. The cancellation of a Subscription by the Member will take effect on the expiry date of the current subscription. Without impacting the other provisions hereof, in case of serious breach of contract by the Member, CoachClub may terminate the Member's account without notice or summon. This cancellation has the same consequences as a cancellation decided by the Member.
Without impacting the other provisions hereof, if the Member shows a breach of contract, CoachClub may terminate the Member's account seven (7) days after emailing the Member and requesting that he comply with these Terms and Conditions and without positive response. This termination will not prevent any claimed damages that may be claimed by CoachClub to the Member or his legal representatives as compensation for harm suffered by CoachClub, subject to applicable regulations.
The Member will be informed by email of the cancellation or confirmation of the termination of his account. Data on the Member will be destroyed at his request or on the expiry of the legal time period following the termination of Member's account.
ARTICLE 9. AGREEMENT BETWEEN THE MEMBER AND COACHCLUB
ARTICLE 10. MODIFICATIONS OF TERMS
ARTICLE 11. VARIOUS PROVISIONS
Force majeure: CoachClub cannot be held responsible for delays or lack of performance, through no fault or negligence of its own, in case of a force majeure as defined by applicable regulations.
Non waiver: The fact for one of the parties not to take advantage of a breach by the other party of one of the obligations stipulated in the present General Terms and Conditions of Use is not construed as a waiver of the obligation or right concerned.
Nullity of provision: The annulment of one of the clauses of this Agreement shall only have the effect of invalidating the Agreement as a whole if the disputed clause may be considered, in the mind of the Parties, as substantial and determinant, and that its annulment jeopardizes the overall balance of the Agreement. In the event of cancellation of one of the clauses of this Agreement, the Parties will endeavor to negociate, in good faith, a clause with the same economic effect.
ARTICLE 12. SETTLEMENT OF DISPUTES
The Member is informed that in any event he/she can resort to any other form of dispute settlement (conciliation for example) en the event of a dispute. Disputes that may arise about the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be submitted to mediation between the parties.
These proceedings will remain confidential. Under these circumstances, a mediator (not involved in these Terms and Conditions) will be agreed upon by the parties. An arbitration proceeding will take place before a sole mediator. In the case of a disagreement regarding the mediator, the respective councils of the parties will agree on designating a neutral mediator in the best interest of both parties. The attempt at reconciliation shall be carried out in good faith and, in this spirit, the parties agree to meet at least once under the auspices of the mediator. In the absence of an agreement to the contrary, the arbitration proceeding will not exceed 1 (one) month after designation of the mediator. The proceeding expenses and fees will be shared in half by both parties. Each party will be responsible for council expenses and fees appointed by them as part of the proceeding. The parties hereby agree that in the case of a settlement, it will be written and signed by the parties under the auspices of the mediator and will offer a positive outcome to the dispute in question. If, however, one of the parties’ legal action is subject to a limitation period that may end during the proceeding, this party may end the limitation by any legal means, as a precautionary measure, and delay the proceedings until the issue is resolved.
Where no amicable solution can be found, any dispute concerning the validity, interpretation or execution of this Contract (or its clauses) shall be referred exclusively to the relevant Courts under the conditions of common laws.
ARTICLE 13. PRE-CONTRACTUAL INFORMATION - CLIENT AGREEMENT
The Member acknowledges having been informed, before purchase, in a legible and understandable form, of these General Terms of Sale and of all information described in articles L111-1 to L111-7 of the Consumer Code, specifically : (i)the inherent characteristics of the Service, given the medium used for communication and the Service provided, (ii)the price of the Service and other fees incurred (shipping for example), (iii)if the contract is not carried out, the date or deadline at which CoachClub must supply the service, (iv)information regarding CoachClub’s identity, its address and phone number and its activity, if not already apparent from the context, (v)information regarding legal and contractual guarantees and their conditions, (vi)characteristics of the digital content and, when appropriate, its interoperability, (vii)the possibility of conducting arbitration proceedings in case of dispute, (viii)information regarding the right of withdrawal (existence, conditions, notice, procedures and standard withdrawal form), regarding cancellation procedures and other important contractual terms.
The fact that a legal or natural person places an order for CoachClub services implies full and entire acceptance of these General Terms and Conditions of Sale, which is hereby expressly acknowledge by the Member, and therefore waivers prevailing of any third party document, which would be unenforceable against CoachClub.
ARTICLE 14. ABOUT US
CoachClub is a, limited company with a share capital of 252.626 euros, registered in the Trade and Companies Registry of Nanterre (France) under number 51018831100029 located 50 Quai Louis Blériot ,75016 Paris, France, and represented by Mr. Stéphane COUSSEMENT, President and Managing Editor of the CoachClub website (tel: +33 1 82 28 59 26). The CoachClub web site is hosted on CoachClub servers. For questions, contact CoachClub by filling out the contact form.