3. General Provisions Instructors
eClub is a service platform developed and managed by Mantano. Mantano has set up, on www.eclub.events (hereinafter the “Site”), a Marketplace allowing Sellers (hereinafter the “Organisers” or “You”), after registration, to enter into contact, through it, with individual buyers (hereinafter “Buyers”), also registered on the Site, with the aim of selling services of the “Online Events” type (hereinafter the “Activities”) at firm prices (hereinafter the “Service”).
In order to use the Service, the Host agrees to abide by these Host Terms and Conditions of Use (hereinafter the “Host Terms and Conditions of Use”) 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 Host are governed by the General Terms and Conditions of Sale (hereinafter the “GTC”), which are deemed to be accepted by the Host upon each order confirmation; they supplement the present Host GTC.
eClub invites you to read the Terms and Conditions by clicking on the General Terms and Conditions.
eClub reserves the right to modify these Terms and Conditions. Any modification will take effect immediately for the Online Activities as soon as they are notified to the Instructor. They will not apply to transactions in progress at the time of their entry into force.
The purpose of this Instructor GTC is to define the conditions under which eClub makes available to the Instructors, as part of the Service, technological tools enabling them to offer their Activities for sale.
3.2. Description of the Service
The Service is made up of a set of tools enabling the Leaders to contact Buyers in order to offer them Activities for sale, to reference and describe these Activities, to accept orders placed by Buyers, to collect the price of the Activities purchased and to manage the after-sales service for the Activities sold.
The transactions carried out via the Service for the purposes of the sale of Activities are concluded directly between the Buyer and the Leader. eClub is in no way a reseller of the Activities offered by the Leader via the Service.
Furthermore, in the event of non-compliance with this Instructor GCU, eClub reserves the right to temporarily or permanently interrupt access to the Service for the Instructor concerned, by suspending or terminating these Terms and Conditions under the conditions set forth in Article 3.6.
3.3. Access to the service
To use the Service, You must use the login and password created when You opened Your account. Usernames and passwords are the sole and exclusive responsibility of the Host. The Host undertakes to take all necessary measures to ensure that they are not known to third parties or used by unauthorised persons. The Host is responsible for maintaining the confidentiality of identifiers and passwords. In this respect, the Host is responsible for the consequences of the loss or misuse of identifiers and passwords.
In case of loss, misuse or fraudulent use of your username and/or password, the Host agrees to immediately notify eClub.
The host is responsible for any undue access, damage, disruption and damaging consequences caused by your failure to maintain the confidentiality of identifiers.
3.4. Obligations relating to transactions carried out through the service
3.4.1. General obligations
The Instructor must identify himself/herself to the Buyers as acting or not acting in a professional capacity. He expressly undertakes to identify himself as acting as a Service Provider whenever he sells Activities through the Service on a regular basis and for profit.
The Instructor undertakes to comply with the legislation applicable to the exercise of commercial activity (in particular registration, accounting, social and tax obligations). Indeed, the Host may be required to make tax and social security declarations in respect of his activity of selling services on the Site.
The Instructor also undertakes to comply with the laws and regulations incumbent upon him/her as a professional, particularly with regard to the Activities that he/she sells on the Site.
The Instructor undertakes to implement all means to satisfy its obligations in an optimal way by delivering a quality service to the Buyers.
To this end, he undertakes, in particular, to respond to emails from eClub’s Customer Service and Sales Departments as well as to emails from Buyers within 2 working days of receipt.
All exchanges between the Instructor and eClub are strictly confidential. The Instructor, therefore, undertakes not to disclose the content of these exchanges to a third party.
The Instructor is prohibited, and without this list being restrictive, from using visuals or trade names, pseudonyms or from making comments or other messages that would be offensive, contrary to public order or morality, which would infringe on the rights of persons or intellectual property rights of third parties, laws and regulations and the eClub brand image. Otherwise, eClub reserves the right to interrupt access to the Service to the Seller concerned, temporarily or permanently, by suspending or terminating the present contract under the conditions set out in Article 3.6.
3.4.2. Obligations relating to offers of Activities on the Site
The Instructor undertakes and guarantees that he will carry out the Activity that he offers for sale on the Site himself and that he has the skills enabling him to do so. He guarantees that they do not contravene in any way the laws, regulations in force and applicable standards and that they do not infringe the rights of third parties. The Instructor is solely responsible for the sale of the Activities he offers on the Service.
In particular, the Instructor is prohibited from offering on the Site, without this list being restrictive: Activities of a pornographic nature and more generally offending against morality; Activities inciting racial hatred or discrimination based on race, sex, religion, nationality, physical abilities, sexual orientation or age; stolen objects; medicines or drugs of all types; weapons, weapons of war and ammunition; live animals; alcoholic beverages.
On the description associated with the offers of Activities that he proposes on the Site, the Host undertakes to act in good faith. He/she is solely responsible for the accuracy of the information contained therein and undertakes to ensure that it does not risk misleading potential Buyers, both as regards the characteristics of the Activity and its price.
The Instructor also undertakes to ensure that the illustrations/visuals provided in the description associated with the Activities offered (photography, drawing, etc.) comply with the Activities thus illustrated and respect the rights of third parties and that they do not infringe public order or morality. He guarantees to eClub that he has the rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them to present the Activities.
In accordance with the provisions of the law of 21 June 2004, known as the “LCEN” (Law for Confidence in the Digital Economy), eClub may delete any information put online on the Site by an Instructor in the event of notification from a third party stating the illicit nature of this information or a violation of a right.
3.4.3. Obligations relating to the prices of Activities
The selling price of the Activities is freely defined by the Instructor, in the respect of the laws and regulations in force.
This price must be mentioned on the Site all taxes and fees included. Thus, the Buyer cannot be asked to pay any other amount than the one appearing on the description of the Activity.
3.4.4. Obligations relating to the sales of Activities
The contracts for the sale of the Activities proposed by the Instructor on the Site are concluded between the Instructor and the Buyer.
The Instructor is informed by email, through his Instructor interface, when an Activity that he has put online has been ordered by a Buyer.
The Instructor undertakes to honor at least 95% of the orders of the Activities offered for sale on the Website since the opening of his account. Failing this, eClub reserves the right to temporarily or permanently interrupt access to the Service for the Instructor concerned, by suspending or terminating the present contract under the conditions set out in Article 3.6.
3.5. Evaluation of Instructor
The evaluation is carried out according to evaluation criteria and by the attribution of stars.
For Instructors who have made at least 5 sales since opening the account, eClub reserves the right to temporarily or permanently interrupt access to the Seller’s Service if the evaluation is less than 4.5, by suspending or terminating the present contract under the conditions set out in article 3.6.
3.6. Suspension – Termination
1.6.1 The present General Terms and Conditions of Use are concluded for an indefinite period of time. Each Party may consequently terminate the GCU at any time without having to justify it. The termination can be done from the Instructor area and take effect at the next deadline.
1.6.2 In the event that the Host fails to meet any of its obligations, eClub may terminate this Agreement by simply sending a registered letter with acknowledgment of receipt.
1.6.3 In the event of serious and/or repeated failure by the Leader to meet its obligations or affecting its accounts, such as but not limited to, fraud, insulting language, counterfeiting, infringement of third party rights, failure to comply with at least one of the quality indicators (…), eClub may terminate these Terms and Conditions without notice and without the Leader being able to claim any compensation whatsoever.