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Equivisio Conditions of Use

1. General

The IDM company administers the EQUIVISIO Website which functions as an equestrian training online platform through a visio-Coaching system with adapted equipment to meet the constraints related to the practice of this discipline.

Classes may cover all forms of horse riding, or be theoretical and / or hippology-related, and may be conducted by individuals who claim to hold the necessary degrees to teach.​

The Courses are taught by external and independent trainers from the EQUIVISIO Website and the IDM company.

The use of the EQUIVISIO Website by Users (Riders and Teachers) is governed by these terms and conditions, to which any User of the Website is deemed to adhere without condition or reservation by simply clicking on the acceptance of the operating conditions.

These conditions include, in particular, the conditions for cancellation of the Course, the sanctions, in case of uninsured Courses either by the Student or by the Teacher.

 

2- Hardware

The Courses take place in a vast space (career, carousel, outside), the pupil must equip himself with the material necessary for the visualization of his practice. He must go to a Website with a camera and a headset.

The Teacher must have the following technical equipment:

a computer connected to the internet
a headset with microphone (cellphone type headset)

 

3- Definitions

The following terms, used most of the time with a capital letter in the body hereof, are deemed to have the following meaning in the terms of the contract:

Rider or Student: The person who receives a lesson or a Course in the discipline of his choice whether he is on foot or on horseback.
Teacher: natural or legal person, who is free to propose a Course on EQUIVISIO. A Teacher offering a paid Course is necessarily a graduate and acts as such on the Website under his sole responsibility, including diploma. The function of Teacher is not exclusive of that of Student.
Course: Course proposed by the Teacher on EQUIVISIO, then freely realized by the Teacher, on the videoconferencing platform proposed by the IDM company and the EQUIVISIO Website, of a duration and a price freely fixed by the Teacher and for which each Student will have previously registered through the Website.
EQUIVISIO: name of the Website used for linking and managed by the IDM company.
IDM: simplified joint-stock company with variable capital of € 1,000 which manages and administers the EQUIVISIO Website, but also ECURIES ET CONCOURS, registered in the RCS of TOULOUSE (France) under number and whose registered office is located Chemin Saint-Roch 32130 Samatan (France).
Account: Private area on the Website, reserved for the User (Rider or Teacher), created by the User by clicking on the section provided for this purpose, accessible by password and containing the personal data of the User communicated at IDM-EQUIVISIO during registration.
User: A natural or legal person who has registered on the Website to conduct or follow a Course, these two activities can be cumulated and uses the service offered by IDM EQUIVISIO when it is connected.
Student: A natural or legal person who follows a Course offered by a Teacher on the Website. The Student is a User of EQUIVISIO. The pupil's function is not exclusive to that of Teacher.
Price: amount to be paid by a Student prior to the Course.
Website: The Website(s) developed and managed by IDM and, if applicable, other media likely to be developed in the future, including mobile applications. The Website is the exclusive property of IDM, which freely determines its content. The IDM company is a hosting company within the meaning of the law on the digital economy.
Visio-Coaching platform: Internet platform on which the Course takes place. The visio-Coaching platform can be developed and hosted by a company outside the IDM company and subject to specific terms and conditions.
Identifier: This is the name and email address given by the User when registering. The Identifier is personal and allows you to identify yourself to use the services offered by the Website. It can be common to several Websites managed by the IDM company.
Password: Succession of letters and / or numbers allowing the User to access his private part and to identify himself. The password, like the identifier, are strictly personal. The password is personal and should not be communicated to any third party. The User acknowledges that any use of his password and login is done by him or on his behalf. Under no circumstances can the IDM company be held responsible for fraudulent use by a third party of the User's Account. In the event of IDM's loss of the User's password, IDM will generate a new password upon request.
Partner Stables: Equestrian centers, Stables owners, with the necessary equipment and registered on the EQUIVISIO Website to provide services for the provision of video transmission equipment and equipment specific to the chosen discipline outside the saddlery equipment and the equine.

 

4- Account: Creation - Usage

a. Registration conditions

In order to be able to use all the services offered by IDM (including but not limited to the possibility of following or offering a Course on the Website), registration is necessary. During this registration, the User creates an Account.

 

To be a User and open an Account, the following conditions are cumulative:

To be more than 18 years old, or to be of age according to the legislation of his country, or emancipated minor. In the case of a legal entity, the Account must be opened in the name of the legal entity, by its legal representative, or be accompanied for unemancipated minors by a legal representative.

Provide a true and complete identity, a valid email address and all necessary elements that may be requested by IDM.

Undertake to use the Account only for the purpose of registering for a Course, animation of a Course and payment of the price without harming the interests of IDM or third parties and in particular without using any right industrial or intellectual property of which the User is not the only holder.

b. Terms of use

The Account is personal and non-transferable: the Username and password relating to an Account can not be shared, communicated or transferred to any other person, physical or moral, without the prior agreement of IDM and under penalty of suspension or cancellation of the Account.

Once the Account has been created, the User informs IDM, of any changes to his personal information, any email sent by IDM to the email address indicated by the User will be deemed to have been received by the latter.

When registering, the User will have decided on an identifier and a password for which he will be solely responsible; the User agrees to keep the confidentiality of his Username and password. The loss of the Username and / or password (and the subsequent use of the Account and / or personal data of the User by a third party) can not be held against IDM. IDM at the request of the User may generate a new password that will be sent to the email address declared by the User.

The User undertakes to maintain and regularly update the registration data and the description of the Courses, which he proposes on the Internet. The Teacher must indicate the disciplines and specialties that are his in full transparency, including information about his references and his potential performance. The Student will have to share his expectations and state his level of riding in the discipline. These elements are essential for the good match between the Teacher and the expectations of the Student.

The User acknowledges that the data relating to the Website and / or his Account are likely to be transferred and stored for the purposes of accommodation or security in France and / or abroad.

When connected to IDM's Website (s), the User agrees to respect the law. This implies in particular not to make offensive, racist, homophobic or may be prosecuted by French law, not to ask or offer Courses contrary to morality or the law.

The Account may be suspended or canceled, without prior notice and without compensation in case of:

Violation of any of these terms and conditions
Authentication or identity verification impossible for the User
Falsity of all or part of the personal data indicated at registration.
Behavior incompatible with the law, or good morals, especially during a Course or with the reputation of the Website or in case of repeated cancellations of Course.

Any unauthorized advertising is prohibited on IDM Websites. It is therefore strictly forbidden for a User to use his page to promote an activity that would not enter into the use of the service, or that would encourage (even implicitly) Users to circumvent or leave the service.

IDM can not be held responsible in the event that a User behaves illegally and / or contrary to morality, or prejudicial to other Users. On the other hand, IDM invites Users to refer to it behavior or remarks that are contrary to the law or the general conditions of use in order to take any useful measures.

 

5- Computing and Liberties

The personal data collected during registration will allow IDM to better know the User. IDM may use this personal information to contact the User and ask him about improvements to the Website. IDM may send, subject to its prior agreement at the time of registration, and unless it opposes thereafter without charge other than the transmission of the application during registration or at any other time, promotional offers some of IDM's partners. If a User prefers not to receive the offers selected by IDM, or that IDM partners are likely to send to him, he may indicate this at the time of registration or at any time on the Website.

IDM does not transmit information to its partners that would allow them to identify the User. In application of the provisions of the Data Protection Act of 6 January 1978, IDM undertakes to use the User's personal data only for the strict purposes specified above.

In application of the same provisions, the User has a right of access, rectification and deletion of his personal data, which can be exercised at the following email address: contact@equivisio.fr

IDM undertakes to implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, alteration, dissemination or unauthorized access. IDM undertakes to keep personal data only for the time necessary to achieve the purposes for which they are collected, specified above.

IDM may however be obliged to disclose any personal information about the User in order to comply with any law or regulation in force or to respond to any legal or administrative request.

The collection and processing of personal data by the IDM company have been declared to the CNIL.

The IDM company does not keep any banking data of Users after the payment.

IDM reserves the right to install cookies to ensure the best management of the Website, facilitate navigation on the Website, establish statistics and carry out analysis of attendance for the purpose of improving the Website.

The setting of the User's browser software makes it possible to inform him of the presence of cookies and possibly to refuse him.

 

6- Course: Proposal - Registration - Procedure - Notice

It is reminded that the teaching of horseback riding against remuneration is reserved only for persons holding equitation Teacher diplomas. Anyone who teaches horse riding without the required diplomas is liable to prosecution.

By registering on the EQUIVISIO Website, the Teacher declares that he / she can exercise the activity of teaching riding according to the regulations of the country in which the session takes place.

 

a. The Teacher

Any Teacher who offers a Course agrees to fulfill honestly and exactly all the information requested. He undertakes to pay attention to the emails of the IDM company that it sends him on the email address declared at registration.

The Teacher agrees to be present and connected on the visio-Coaching platform at the time and day agreed with the Student. He commits himself not to take several Courses at the same time and to organize himself so that the Courses do not overlap in case of successive Courses. It will provide for this purpose a sufficient beat time between two Courses.

The Teacher and the Student agree on the content of the Course, its duration and its price expressed in Euro.

The Teacher accepts and acknowledges that the information he publishes about the content and its specialties is public on the EQUIVISIO Website. To this end, he will pay particular attention to the information he gives which must be sincere.

EQUIVISIO, who does not intervene at any time in the content or Course of the Course, can not be held responsible for the behavior of any of the Users or the content of the Course.

However, if IDM-EQUIVISIO were to be informed by a User of illegal or unethical behavior, it could take any measure depending on the seriousness and veracity of the facts in order to delete the Account of the User and / or to transmit to the competent authorities the material elements available to it.

The Teacher agrees that his / her pupils leave comments on EQUIVISIO to give their appreciation on the Course and to testify of its quality. The Teacher is informed that he / she has no control over the content of these comments, as long as they are not abusive and respect the law. He may however, if he considers comments insulting or false, to inform IDM at the following email address: contact@equivisio.fr

 

b. The Student registers for a class

The Student registers for a Course offered by a Teacher on the EQUIVISIO Website, by connecting the User to his Account.

Registration for a Course entails the conclusion of a service contract between the Teacher and the Student for the Course ordered by the Student and confirmed by the Teacher.

 

The IDM company and the EQUIVISIO Website, through its contract with the trainer, delegate to him the execution of the Course service and the related obligations.

The conclusion of the contract is materialized by:

A receipt of payment which is given to the Student, it can be materialized by a debit of the Account corresponding to the price of the Course. If the payment is not validated by the Student's bank, it will be informed as soon as possible and the Course will not be validated. The Student having the possibility of supplying an Account to his name by crediting it, if the credit is insufficient, he will be immediately informed at the time of payment and the Course will not be validated.

An email informing of the reservation of the Course is given to the Teacher, via his Account or the email address he gave when registering. The effective settlement will only intervene at the end of the month and will be able to cumulate several Courts.

The Student agrees to attend the Course and to be present on the visio-Coaching platform, if for one reason or another, he can not be present, except to have warned at least 48 hours in advance l 'Teacher and EQUIVISIO, the price of the Course will be due. In any case, the Student will not be able to ask for the refund of the Course, however, it will be able, in agreement with the Teacher, to postpone it to a later date.

 

c. Price

The price is set by the Teacher himself. The IDM company can give the Teacher, as a guide, a table of rates usually charged by the other Teachers of the Website but the Teacher remains free to set the price of his performance and its duration.

The IDM company buys the Course on the basis of the price fixed by the Teacher under deduction of a fixed% and communicated to the Teacher. The rate may vary with the agreement of the Teacher depending on the services provided and / or in case of promotion made on the Website.

The price displayed is cashed by the IDM company.

In case of cancellation of the Course by the Teacher, the price will be refunded to the Student by credit on his Account. In case of cancellation of the Course several times by the Teacher, without justified reason (the maximum number of canceled Courses is fixed at 4), the latter may be charged a sum corresponding to twice the price requested from the Teacher. the Student for the Course and his User Account may be suspended.

Course cancellations must be scheduled at least 72 hours in advance.

In case of cancellation of the Course by the Student without a justified reason (medical or veterinary reasons for example), the payment of the Course will be lost.

The IDM company is in no way responsible for the material errors communicated to it by the Teacher, in particular with regard to his registration numbers in any register whatsoever, or the level of diploma of which he makes mention.

 

d. Running the Course

The visio-Coaching session is done through the platform created and administered by the IDM company.

The Student and the Teacher will have previously taken care to ensure on the one hand, that they have the necessary equipment for the execution of the Course, and on the other hand, that the bandwidth they have is sufficient to the execution of the Course.

A list of stables equipped and likely to rent the necessary equipment and facilities is also available on the Website. The rental of equipment, facilities and the reservation of the time slot must be made via the EQUIVISIO Website. The team puts online the available slots and the modalities of use of the facilities, as well as the equipment made available.

The conditions of realization of the Course, its contents, the teaching aids and the installation of the working systems if it is necessary, must be respected for the well-being of the animal. The remarks made by both the Student and the Teacher are the sole responsibility of the protagonists; IDM can in no way be held responsible for the attitude of any of the Users or the educational content of the Course.

The Teacher must make sure not to endanger the integrity of the horse and the Rider.

The Student acknowledges the risks associated with riding.

Session recording may be offered as an option. The company EQUIVISIO, for reasons related to the security and the control of the conditions of execution of the Course, will be able to carry out its own registrations notably in the event of complaint of one of the Users.

 

7- Responsibilities of the IDM company

a. Use of the Website

The IDM company is held only of an obligation of means as for the accessibility to the EQUIVISIO Website,

The User acknowledges having the skills and means necessary to access the Website and recognizes that its configuration is free of any virus and is in working order.

It recognizes having a connection whose flow is sufficient to use visio-Coaching and that its equipment complies with the technical requirements set out in the appendix.

Through the video Coaching platform managed by EQUIVISO the User acknowledges having read the terms and conditions of use.

The IDM company can not be responsible for a failure of the system of one of the Users or a weak connection that would not allow the smooth running of the Course, Users must check before any connection that their hardware is compatible and that their service provider provides them with sufficient throughput.

 

b. Relationship between Teacher and Student and EQUIVISIO

The Teacher is solely responsible for the conduct of his Course and the teaching contents. He is solely responsible for the exercises requested and the safety conditions in which he practices. For this purpose, he may refuse to give a Course, if he considers that the security conditions are not met and particularly in the case where the Student would not carry his bomb, or if the Horse Harness would present an apparent danger or if the equine used has a non-compliant state at work. (Signs of obvious thinness, dangerous reactivity, excessive cough, etc.)

IDM has no control over the identity of Teachers who register on their own declaration, exceptionally and for control purposes, it may however ask the Teacher to justify his marital status, and his skills. EQUIVISIO asks when registering the sending of diplomas.

IDM has no control over the identity of the Student who signs on his own declaration on his honor. Minors can register only through their parents. The Account being open to the names of the legal representative of the unemancipated minor.

If the Course is to be given to a minor, the presence of a legal representative or a person of full age is recommended.

The Teacher declares at the time of registration that he holds the diplomas or equivalences allowing him to teach riding against payment for the country in which the session takes place, he also declares to be insured for these activities, including at a distance,

The responsibility of IDM can not be engaged in the Course of the Course;

Teachers registered on EQUIVISIO, are free of their tariff, of their schedule, and have no subordination with EQUIVISIO;

Students are aware of the risk as to the quality of the Course given by the Teacher.

However the IDM company intends to make every effort to ensure the Users a quality service, also, the pupils are invited to give their opinion on the Course, and the Teacher, while remaining measured.

Users must also report to IDM any abnormal behavior of the Teacher or Student, including proven and actual animal abuse. Once informed the IDM company may suspend the Account of the User and after receiving the explanations of the interested parties to permanently cancel.

Students are also advised not to engage in more than one Course when they do not know the Teacher in order to minimize financial risk.

 

8- Legal relationship between the Teacher and the IDM company and the EQUIVISIO Website

The IDM company the IDM company through its webEQUIVISIO Website provides the computer resources (excluding hardware) suitable in this case the EQUIVISIO Website, or any other Website designated by the IDM company.

This linking is done in order to allow the Teacher to sell and provide a service for which he is paid. In this context, it is up to the Teacher to declare the sums collected to the relevant tax and social services and authorities.

In order to meet the legal billing obligations, the Teacher will have to declare at registration the information required for billing on his own Account in accordance with Article 242h of Annex II of the General Tax Code. He will declare under his sole responsibility the options chosen during his registration and in this respect, it is recalled that any misleading statement will be liable to prosecution. The IDM company practices self-billing and will send the Teacher the invoice to the email address declared at registration. The Teacher will then have a period of one month to contest the invoice drawn up on his behalf.

As a seller of a service, the Teacher must declare his VAT collected, relating to the invoices issued by the IDM company on his behalf. Declarations of VAT liability or non-VAT are made under the sole responsibility of the Teacher.

The IDM company can not be held responsible for a VAT declaration defect as soon as the invoices issued on behalf of the Teacher have been brought to its attention. IDM can not in any way be considered as the tax representative of the Teacher or of the company or association that he represents, nor as his representative for the VAT.

IDM is the billing agent on behalf of the Teacher. For this purpose, the Teacher gives an express billing mandate to the IDM company, by which it authorizes it to issue on its behalf and in its name, the invoices corresponding to transactions made through the Website.

The IDM company will create a numbering of invoices issued in accordance with the expectations of the tax administration, particularly in terms of chronology and consistency.

The IDM company will retain its commission on the Course billed to the Student and will send the Teacher the commission bill collected in remuneration for services rendered. The commission rate may vary with the agreement of the Teacher depending on the services provided and / or in case of promotions made on the Website.

 

9- Intellectual Property

 

The content of the Website and in particular the texts, trademarks, videos, software and programs, music, graphic charters, logos and databases put online by IDM are its exclusive property and are granted to it;

Therefore, any reproduction, and / or representation, total or partial, of an industrial or intellectual property right, the IDM company, without the express permission of it, will constitute an infringement liable to prosecution.

The recommendations and opinions of Students are protected by copyright and any other intellectual or industrial property rights, recognized by the laws in force. Each User assigns free of charge and exclusive all the intellectual property rights relating to the content that is posted on the Website to The IDM Company. This assignment is for the whole world, for the period of legal protection of said intellectual property rights.

The transferred rights include:

For the reproduction right: the right to reproduce, to reproduce or to authorize a third party to reproduce, without limitation of number, all or part of the contributions of the Users, on any medium, known or unknown, notably paper, optical, digital, or any other computer or electronic medium.

For representation: the right to represent / broadcast, to represent / broadcast or to authorize a third party to represent / disseminate all or part of the contributions by any known or unknown means or medium, including paper, optical, digital, or any other computer or electronic support.

For the right of use: The right to use, in a personal capacity or for the benefit of third parties, all or part of the contributions, for the purpose of performing any form of treatment for any reason whatsoever.

This license is transferable to third parties.

 

10- Convention on the proof

The computerized registers kept in the computer systems of the IDM company will be considered as proof of the communications, exchanges, registrations, and payments made under the Course, between the Students and the Teacher and between the IDM society and the Teacher for the regarding the billing mandate.

Archiving of invoices and payment tickets is provided for one year from the date of issue.

 

11- Modification of the General Conditions

IDM reserves the right to modify, without limitation or restriction, these terms and conditions, in whole or in part. The changes will be effective immediately and as soon as posted on the Website: When connecting to the Website, the User will be informed that a change has occurred in the Terms and by clicking accept it will be deemed the to have accepted.

Only UGCs available online will be valid on any other and especially those printed.

 

12- Applicable law

Any dispute relating to the present will fall under the exclusive jurisdiction of the Commercial Court Toulouse as regards the disputes with the Teachers and Courts of the place of residence of the defendant for the disputes with the Students

Only French law is applicable to all disputes that may arise between the various parties to these terms regardless of the place where the procedure takes place.

 

13 - Legal notices

EQUIVISIO is a Website published by SAS IDM, with a variable capital of € 1,000, registered under the number 799 162 136 00011 at the RCS Toulouse (France) and whose head office is located Chemin Saint-Roch 32130 Samatan (France).

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