ETWEEN THE UNDERSIGNED:
The IDM S.A.S company refered hereafter as EQUIVISIO, headquartered in SAMATAN (32130) - France, Chemin Saint Roch acting proceedings and diligences of its legal representatives, domiciled in this capacity to this headquarter.
The website www.Equivisio.fr or the platform
The Teacher / Coach
On the other hand
It was recalled and agreed as follows:
The IDM company operates the EQUIVISIO website and the videoconferencing platform, whose purpose is to connect rider Riders with equestrian trainers / coaches.
It provides registered users with a platform for horse riding education remotely through the Internet;
An innovative teaching system allows the trainer to teach lessons remotely and thus expand his client portfolio outside of his geographical area and through feedbacks to eventually expand his business. To run this business, the trainer must register on the www.equivisio.fr website and have read the General Terms and Conditions of Use.
The trainer acknowledges having read the terms and conditions of use of the website www.equivisio.fr and accepted them.
These conditions are only intended to organize the commercial relations between the IDM company, EQUIVISIO website and the trainer, notably regarding the conditions of remuneration of the IDM company and the conditions of the lessons invoicing.
”Equivisio” refers to the IDM company in these terms and commercial conditions.
EQUIVISIO makes every effort on a technical and commercial level to make known the existence of its website and its visio-coaching platform.
The purpose of the EQUIVISIO website is, beyond the promotion of its service, to link the coach and the rider, and to maintain a list of stables equipped with the systems.
The trainer must be equipped with a computer and a headset with a microphone (such as a cellphone headset) to communicate with the rider and an internet connection providing a sufficient coverage to receive live images.
In addition, the computer equipment in order to be able to function at best must have the following minimum specifications:
To run his business online, the coach must create his account. For conditions refer to § 4 of the General Conditions of Use.
He must provide a complete identity and a physical address.
He acknowledges and accepts that the communications are made only by e-mail and therefore obliges himself to give a valid email address which is consulted regularly.
The trainer shall also commit to respect the conditions of registration and use included in the General Conditions of Use.
The account is personal and non-transferable: the username and password related to an account can not be shared, communicated or transferred to any other person, unless prior agreement of IDM and under risk of suspension or account deletion.
Once the account has been created, the user shall inform IDM of any changes of his personal information, and any e-mail sent by IDM to the e-mail address indicated by the User will be deemed to have been received by the latter.
When registering, the User will indicate his email address as identifier login and he will create his password which he will be solely responsible for; 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 provided by the User.
The User shall commit to maintain and regularly update his registration data, his schedule and the description of the lessons which he offers online. The trainer must indicate the disciplines and his specialties in full transparency, including information about his references and his potential performances. The Rider will have to share his expectations and state his equestrian level in the discipline. These elements are essential for the good match between the trainer and the expectations of the Rider.
The User acknowledges that the data related 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 the Equivisio website, the user agrees to respect the law. This implies in particular not to make offensive, racist, homophobic remarks or which may be prosecuted by French law, not to ask or offer lessons against morality or the law.
The account may be suspended or canceled, without prior notice and without compensation in case of:
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 cannot be held responsible in the event that a User has an illegal behavior and / or against morality, or prejudicial to other users. On the other hand, IDM invites Users to report any behavior or comment that are against to the law or the General Conditions of Use in order to take any useful measures.
IDM does not transmit information to its partners which could allow them to identify the User. In application of the provisions of the Data Protection Act of 6 January 1978, IDM commits to use personal data of the User only for the strict purposes specified above.
In application of the same provisions, the User has a right of access, modification or deletion of his personal data by contacting the following e-mail address: firstname.lastname@example.org
For the rest, the trainer declares to have read the General Conditions of Data Protection and freedom.
By registering on the EQUIVISIO website, the trainer declares that he / she can teach borseback riding according to the regulations of the country in which the lesson takes place and be covered by a professional insurance guaranteeing his / her professional responsibility for riding instruction including remote / online sessions.
Any trainer who offers a lesson agrees to fulfill honestly and exactly all the information requested. He commits to pay attention to the e-mails of the IDM company sends to him on the e-mail address provided during his profile registration.
The trainer agrees to be present and connected to the visio-coaching platform at the time and day agreed with the Rider. He commits himself not to book several lessons at the same time and to organize his schedule so that the lessons do not overlap in case of successive lessons. It will provide for this purpose a sufficient extra time between two lessons.
The trainer and the Rider agree on the content of the lesson. The trainer accepts and acknowledges that the information he publishes about his specialties and credentials are public on the Equivisio Website. To this end, he will pay particular attention to the information he gives which must be sincere. Equivisio may at any time ask the trainer to justify given information.
Equivisio, who does not intervene at any time in the content of the lesson, will not be held responsible for the behavior of any of the Users or the content of the lesson.
However, if Equivisio was informed by a user of illegal or unethical behavior, it could take any measure depending on the seriousness and truth of the facts in order to delete the account of the User and / or transmit to the competent authorities the material elements available to it.
The Rider and the Coach receive, as soon as the course is confirmed, the URL link allowing them to connect to the visio-coaching platform. The use of the said platform can not take place outside the hours determined at the time of registration and this use is outside of any responsibility of Equivisio. The platform can not be used outside the booked lessons, under penalty of expulsion from the website.
The visio-coaching session is done through the platform created and administered by the IDM company.
The Rider and the Coach willhave previously taken care to ensure that they have the necessary equipment to run the lesson, and that the bandwidth they have is sufficient for the execution of the lesson. Visio-coaching material is sold by Equivisio when requesting the installation of an Equivisio website
A list of stables equipped and likely to rent the necessary equipment and facilities is also available on the website. The rental of equipment and facilities, the reservation of the time slot shall be made via the Equivisio website. The team makes the available time slots online and the modalities of use of the facilities, as well as the equipment made available.
The conditions for the realization of the lesson, its content, the teaching aids, the installation of the working systems, if any, must be respected for the welfare of the animal, the comments made both by the Rider and by the Coach are the sole responsibility of the protagonists, and EQUIVISIO can in no way be responsible for the attitude of one or the other users, or the educational content of the lesson. The trainer must make sure not to endanger the integrity of both the horse and the rider.
The Rider acknowledges the risks associated with riding.
Session recording may be offered as an option. The Equivisio company, for reasons related to the security and the control of the conditions of execution of the course, will be able to have access to the recordings in particular in the event of complaint of one of the users.
The IDM company will receive a commission amounting to 20% of the amount HT of the course requested by the trainer. This commission is capped at €10 (all taxes included) whatever the price of the lesson. This commission is paid by EQUIVISIO as remuneration for the service it provides to the Trainer.
In case of cancellation of the lesson by the trainer the price will be refunded to the Rider, by credit on his account. In the event of cancellation of the course repeatidely by the trainer, without justifications (the number of canceled lessons is fixed at a number of 4 maximum) he may be charged to his account the amount corresponding to twice the price asked to the Rider for the lesson and its User account may be suspended.
Lesson cancellations must be scheduled at least 72 hours in advance. If this deadline is not respected the IDM company may proceed to penalties that may be up to twice the amount of the lesson paid by the Rider at the expense of the trainer.
In case of cancellation of the lesson by the Rider without justified reasons (medical or veterinary reasons for example), the lesson amount will be lost. The Coach will not be affected by this cancellation and will receive his rate entirely.
EQUIVISIO will issue a monthly invoice on behalf of the Trainer and for payment of the services provided. The lessons will be paid at the end of each month. IDM will only pay for the lessons. The IDM company is in no way responsible for any errors communicated by the trainer in regards to his affiliations or credentials.
EQUIVISIO directly invoices the service on its behalf to the Rider integrating the commission due by the Coach.
At the end of every month, it will issue an invoice in the name of the trainer corresponding to the hours of instruction made after deduction of the commission amount.
In order to meet the legal billing obligations, the Coach will have to declare during the registration process the information required for billing to his bank 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 will send the Trainer the invoice to the email address provided during the profile registration. The trainer will then have a period of one month to contest the invoice issues on his behalf.
As a service provider, the trainer 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 trainer.
The IDM company cannot be held responsible for a VAT declaration issue as soon as the invoices issued on behalf of the trainer have been brought to his attention. IDM can not in any way be considered as the tax representative of the Trainer or of the company or association he represents, nor as his representative for VAT purposes.
IDM is the billing agent on behalf of the Trainer. For this purpose, the Trainer gives an express billing mandate to the IDM company, by which it authorizes it to issue on his behalf and in his 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 invoice issued by EQUIVISIO on behalf of the Coach, will resume the number of courses provided by him and the amount of EQUIVISIO for said courses;
The Coach will at the same time receive a commission invoice from EQUIVISIO corresponding to the remuneration of the company for the service rendered.
The coach has the obligation to be insured in civil liability, for his teaching activity, distance training.
The responsibility of EQUIVISIO cannot in any case be sought in the event of an accident, during the course which is directed under the sole responsibility of the teacher, the Partner Stable committing to provide the Rider with facilities and material compliant with security requirements.
The data stored on IDM ’s servers will be considered as proof of the communications, communications, registrations, and payments made for the lesson, between the Riders and the trainer and between IDM and the trainer regarding billing.
Archiving of invoices and payment tickets is provided for one year from the date of issue.
Any dispute relating to the present will fall under the exclusive jurisdiction of the Commercial Court Toulouse (France) as regards the disputes with the Trainers and Courts of the place of residence of the defendant for the disputes with the Riders.
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.