2. General Conditions of Use Buyers
eClub is a service offered by Mantano, Head Office: 34 Boulevard des Italiens, 75009 Paris B 522 762 202.
eClub has set up, on eclub.events and www.eclub.events (hereinafter the “Site”), a Marketplace allowing major buyers (hereinafter “Buyers” or “You”), after registration, to enter, through it, into a relationship with professional Sellers, also registered on the Site (hereinafter the “Organisers”), in order to purchase services (hereinafter “Activities”) offered at a firm price (hereinafter the “Service”).
In order to use the Service, the Buyer must agree to abide by these Buyer Terms and Conditions of Use (hereinafter the “Buyer Terms and Conditions”) without restriction or reservation. This acceptance is materialized by a validation click when registering on the Service.
Sales made through the Service between the Buyers and the Instructors are governed by the General Terms and Conditions of Sale of the Service (hereinafter the “GTC”), which must also be accepted by the Buyer at the time of each purchase, they complete the present Buyer GTC.
eClub invites You to read the GTC by clicking on the General Terms and Conditions of Sale and Use.
The purpose of this Buyer GCU is to define the conditions under which eClub makes available to Buyers, as part of the Service, the technological tools used to purchase Activities from the Instructors.
2.2. Description of the Service
The Service consists of a set of tools enabling Buyers to register on the Site, to contact the Instructors in order to place orders for Activities, to pay the price of the Activities, and to communicate with each other using a messaging tool made available to them.
It also includes a scoring system enabling the Purchaser to evaluate the quality of his relationship with the Instructors.
Transactions carried out via the Service for the purchase of Activities are concluded directly between the Buyer and the Leader. eClub is in no way a reseller of the Activities offered by the Leaders through the Service.
In the event of non-compliance with these Terms and Conditions of Use Buyer, eClub reserves the right to temporarily or permanently interrupt access to the Service to the Buyer concerned.
Each Buyer undertakes to conclude purchases in good faith.
2.3. Access to the Service
Access to the Service by Buyers is reserved for strictly personal use. When using the Service, the Buyer declares that he/she is acting in a private capacity.
In addition to acceptance of this Buyer GCU, access to the Service is subject to the opening of an account on the Site. To do so, you must provide the data allowing your identification. When opening this account, You agree to provide only accurate information, then to inform eClub without delay of any changes affecting them, using the messaging tool made available to You as part of the Service.
To use the Service, You must use the login and password created when You opened Your account. You agree to keep them secret and not to disclose them to any third party. Indeed, You will be solely responsible for accessing the Service using your username and password, unless there is evidence of fraudulent use for which You are not responsible.
In the event of loss, misappropriation, or fraudulent use of your username and/or password, You agree to immediately notify eClub customer support.
2.4. Price of the Service
The opening of an account and the use of the Service are free of charge (excluding possible connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Site. Only the purchase of Activities from Instructors is subject to payment, under the conditions provided for in the Terms and Conditions of Use.
2.5. Intellectual Property
2.5.1 – All texts, comments, works, illustrations, works, and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly prohibited.
2.5.2 – The corporate names, trademarks, and distinctive signs reproduced on the Site are protected under the law of
The liability of eClub towards the Buyer can only be engaged for facts which would be directly attributable to him and which would cause him a prejudice directly related to these facts. It cannot be held liable for indirect damages. Nor can eClub be held liable for the misuse of the Service by the Buyer or for any fault on its part. Nor can it be held liable for facts attributable to a third party to the Service.
In addition, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, eClub cannot be held liable for content made available on the Site by Buyers or Instructors, particularly with regard to the description of Activities or the assessments that Buyers make of Instructors, unless it does not make them promptly inaccessible after being informed of their illegality under the conditions provided for by this law.
Finally, eClub declines all responsibility with regard to the sales that the Buyers conclude through its Service with the Instructors, to which it remains a stranger. Any complaint relating to the comments appearing on the description of the Activities or their realization will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.
The Buyer is solely responsible for the use he or she makes of the Service, in particular the assessments he or she makes on the Site and undertakes to guarantee at the first request to indemnify and compensate eClub for any damage, loss, loss of profit, which eClub may suffer if its liability is engaged by a third party, as a result of an action related to this use of the Service by the Buyer.
2.7. Partial nullity
If one or more stipulations of these GTCU are held to be invalid or declared as such in application of a law, regulation, or final decision of competent jurisdiction, the other stipulations will retain their full force and scope.