General Terms and Conditions of Use and Sale for PLAYSE
These general terms and conditions of use and sale (hereinafter referred to as 'General Conditions') are entered into between: Playse, a limited liability company, registered in the Paris RCS under no. 918 048 224, with its registered office located at PLAYSE – 78 avenue des Champs Elysées 75008 Paris And The user of the website https://app.playse.fr
Preamble
The company Playse operates a website accessible at https://app.playse.fr or https://app.playse.us, offering an online marketplace dedicated to connecting sports coaches and individuals. These general conditions aim to govern the terms and conditions of use and sale of the site, as well as to define the rights and obligations of the users connected through the site. Any access and/or use of the site implies unconditional acceptance and compliance with all the terms of these general conditions.
I – Definitions
User: Any person benefiting from a personal space on the site ('my account'). Client: Any person benefiting from a personal space on the site ('my account') and booking a session. Coach: Any sports professional benefiting from a personal space on the site (coach account) and offering training sessions. As a reminder, according to Article L212-1: 'Only holders of a diploma, title with a vocational purpose or a qualification certificate may, for remuneration, teach, animate or supervise a physical or sports activity or train its practitioners, as a main or secondary occupation, habitually, seasonally or occasionally, subject to the provisions of the fourth paragraph of this article and Article L. 212-2 of this code.' Invoice Mandate: refers to the invoice mandate concluded between the coach and the company Playse under which the coach agrees to entrust to the company Playse, in compliance with the applicable rules, the establishment of his invoices relating to the sessions provided for a client via the site. Site: refers to the website whose address is https://app.playse.fr or https://app.playse.us
II – Registration on the Site
2.1 To be able to access the services, the user must register on the site. The user is required to provide accurate information which he undertakes to update immediately in case of modifications. Access to the created account is protected by an identifier and a password chosen by the user when registering on the site. The user is solely responsible for any use that may be made of his identifier and password, and solely guarantees their confidentiality, as well as any use of his account. 2.2 To be referenced as a coach on the site, the coach is required to undergo an interview with the Playse teams. The coach is referenced only by his first name. The coach undertakes not to contact the client directly without going through the Playse platform. The coach also agrees to conclude an invoice mandate with the company to use the services. 2.3 In the event that the user provides false, inaccurate, outdated or incomplete data, the company Playse shall be entitled to suspend or close his account and to refuse him, in the future, access to all or part of the services.
III – Description of Services and Site Operation
Registering a client via creating an account is a prerequisite for any booking and payment of a session. When a client wishes to benefit from a session with a coach, the client must first become aware of the conditions and details of the sessions offered by the coach on his presentation sheet, before making his booking. An agreement is only formed between the client and the coach from the moment the client has paid online for the chosen session. The user acknowledges that the payment of the session does not constitute acceptance of a firm offer and that the conclusion of the service is subject to confirmation by the coach, even if he is obliged to accept the booking except in cases of force majeure. In case the coach is unable to honor this reservation (for example, in the event of a serious event), Playse and the coach will make their best efforts to propose an alternative slot or an alternative coach to the client as soon as possible, or a refund. Payment for the service is made by credit card, by secure payment (via STRIPE) made available to users on the site. The payment for the session is deposited in a dedicated account opened in the name of Playse with a bank of its choice. Once the price of the session has been deposited in the dedicated account, Playse alone is authorized to instruct the bank to make the payment to the coach, after deducting the commission due to Playse for the use of its services. Under no circumstances can a service be provided in the absence of payment for the session. The client has a period of fourteen (14) days to exercise his right of withdrawal without having to justify reasons or pay penalties. This period of fourteen (14) days runs from the date of validation of his online payment. The client may exercise his right of withdrawal by registered letter with acknowledgment of receipt addressed to the customer service of the Company Playse. In accordance with the provisions of Article L. 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised when the client has already benefited from his session. In case of cancellation of the service for valid reasons at the request of the user (for example: in accordance with his 14-day withdrawal right from the date of online booking, or in case of force majeure) and/or the coach (in case of force majeure), the sums initially due for the session will be returned to the client, and the coach cannot claim payment of said sums, to the extent that he alone bears the risks associated with the service. After the 14-day withdrawal period, the sums due for the session will be returned to the client up to 100% if the client cancels the session more than 24 hours before the scheduled date of the service, and up to 0% if the client cancels the session less than 24 hours before the scheduled date of the service. Any service for which the client has been identified using his confidential codes will be taken into account by the site and will engage the concerned client. Coaches who have passed an interview with the Playse teams are listed in our database. An invoice is then issued and sent by Playse on behalf of and for the account of the coach, based on the information provided by the latter and sent by Playse to the client. The coach is required to communicate to the company all the information or other legal mentions that must appear on it in accordance with his legal obligations, as provided for in the invoice mandate. To validate the service, the client is required to confirm the completion of the session. If the client has not confirmed, the session is automatically considered completed after 48 hours. The validation of the service results in the payment to the coach of the invoice amount, after deduction of the service payable to Playse by the coach.
IV – Access to the Site and Services
Access to the site and its services is exclusively reserved for registered users. Similarly, coaches must grant a mandate to Playse to establish and issue invoices on their behalf and for their account (by accepting the billing mandate) in order to use the site's services. Users are responsible for setting up the IT and telecommunications means necessary to access the site. They bear the costs of telecommunications when accessing the internet and using the site. The site is accessible 24 hours a day, 7 days a week for all users. Playse reserves the right, without notice or compensation, to temporarily or permanently close the site or access to one or more services in order to perform updates, modifications, or changes to operational methods, servers, and accessibility hours, though this list is not exhaustive. Playse reserves the right to make any modifications and improvements to the site and services that it deems necessary or useful for the proper functioning of the site and its services.
V - Pricing of Services
The coach pays a Fee to the Company, calculated as a percentage (20% VAT included) of the total value of the session price. This Fee is directly deducted from the amount payable to the Coach at the time of the client's validation of the completion of the service. For special requests, rates are available upon request through customer service (hello@playse.fr). This service will then be subject to a specific contract between Playse and the client.
VII - Evaluation System
At the end of each session, the client is asked to evaluate the coach's service. This evaluation includes an overall rating and a brief comment that appears on the coach's profile. The evaluations provide indications regarding the quality of the session performed, the skills employed in the provision of the service, and the final satisfaction of the client. Evaluations left by clients cannot be modified or deleted from the coach’s profile, except by exceptional request from the coach to Playse explaining the situation and after informing the client. The number of evaluations allows the coach to benefit from better ranking on the site, based on criteria chosen by users and thus promote their profile in search results.
VIII - Commitments
8.1 The user agrees to access and use the site and services in accordance with applicable laws and these general conditions. In this regard, the user acknowledges that for the exclusive purpose of verifying compliance with these general conditions and applicable laws, Playse may review any content published or exchanged on the site. 8.2 The user commits to make all necessary declarations and formalities related to their activity, and to fulfill all their legal, social, administrative, and tax obligations, as well as any specific obligations they may have under French law and/or foreign legislation applicable to them in the context of their activity and the use of the services. Upon request, the user agrees to provide Playse without delay any proof that they meet the conditions stated in this article. The user is solely responsible for properly completing the aforementioned formalities. Playse cannot be held liable in this regard. 8.3 The user is prohibited from publishing on the site's pages accessible to other users (including on the coach's profile page, discussion spaces, etc.) any 'contact information' such as a phone number or an email address. 8.4 Users agree to make fair use of the site and services and are expressly prohibited from bypassing the site and services. Consequently, when a coach and a client are connected via the site for a service, they agree to contract exclusively through the site. Any user noticing a bypass of Playse's services or being encouraged by another user to do so, commits to immediately inform Playse. Similarly, any user is prohibited from extracting content from the site for similar or competing activities, or for recruitment purposes. The client is prohibited from contacting a coach for a service they do not intend to honor. The client is also prohibited from using the services and the site to promote their own business or that of a third party. In this respect, they specifically agree not to send advertising messages to users of the site or to solicit them. 8.5 The client agrees not to request the cancellation of their electronic money provision payment to their financial institution during the course of the service.
IX – Liability
Liability of Users, Clients, and Coaches 9.1 The user is solely responsible for any direct or indirect damage they may suffer due to inaccurate, incomplete, and/or misleading information they provide during registration or due to not updating such information, for which they alone bear the consequences. 9.2 The user is solely responsible for all content they choose to upload to the site; Playse does not control the content before it is posted. The user expressly prohibits themselves from publishing any offensive, defamatory, denigrating, slanderous, racist, xenophobic content, or content that is contrary to morality and good customs, infringing, disruptive to public order or third-party rights, potentially harmful to the rights, reputation, and image of Playse, and more generally, content that would violate the law and/or regulations, especially criminal law. 9.3 The user is solely responsible for the conclusion and execution of contracts related to a service they enter into with a coach through the Playse site, with the company only serving to facilitate their connection. 9.4 Players agree to possess civil liability insurance. 9.5 The coach acknowledges that the tools and technical means provided by Playse, especially for billing, do not exempt them from their responsibility concerning the legal obligations they must fulfill, particularly regarding mandatory details that must appear on their invoices or in terms of applicable taxes. 9.6 The coach is fully responsible for being able to declare the income from their service activity on the designated portal. This is necessary for the exercise of their 'personal services' activity. 9.7 The coach is fully responsible for possessing their professional sports educator card issued by the departmental directorate for social cohesion. Liability of the Company 9.8 Playse makes every effort to ensure the access and proper functioning of the site and services 24 hours a day, 7 days a week. However, given the limitations associated with the internet, Playse cannot exclude that access and operation of the site and services may be interrupted especially in case of force majeure, malfunction of the user's equipment, failures in the user's internet network, or maintenance operations intended to improve the site and services. Consequently, Playse cannot be held responsible for any service interruption, whether voluntary or not, it being understood that it commits to making its best efforts to limit interruptions that could be attributable to it. 9.9 Playse provides coaches and clients with tools and technical means to enter into a service contract through the site. Its responsibility is limited to providing these means, as described herein, and to facilitating the connection between coaches and clients. Playse and the user are independent parties, each acting in their own name and on their own behalf. Playse does not enter into any contract in the name of and/or on behalf of a coach or a client; they contract directly with each other through the site. As a result, Playse cannot in any case be considered as an employee/employer, agent, or principal of a user. Since Playse is not involved in any capacity in the contracts related to a service concluded between coaches and clients, they are solely responsible for any difficulties, claims, and disputes that may arise during the conclusion and/or execution of said contracts. Consequently, each user releases Playse from any liability for the direct or indirect consequences resulting directly or indirectly from the connection, conclusion, and/or execution of such a contract between a coach and a client. In this respect, Playse cannot be held responsible for any cancellation of payment or revocation of authorization to collect at the initiative of the client alone, and the consequences that may result from it. 9.10 Playse cannot be held liable for false, misleading, or outdated information provided by the coach and transmitted to the client.
X – Protection of Personal Data
10.1. Playse builds strong and lasting relationships with its users, based on mutual trust: ensuring the security and confidentiality of its users' personal data is a top priority for Playse. Playse collects and uses user's personal data in compliance with the provisions of Law No. 78-17 of January 6, 1978, known as the 'Data Protection Act,' and the General Data Protection Regulation of April 27, 2016, known as the 'GDPR.' 10.2. DATA COLLECTION All data concerning users is collected directly from them during the creation of their profile and during the ordering process. 10.3. PURPOSE OF COLLECTED DATA The collection of personal data of site users is based on the following legal grounds: - The legitimate interest of PLAYSE in ensuring the follow-up and smooth progress of orders. - The legitimate interest of PLAYSE in improving site navigation and adapting its functionalities. - User consent regarding commercial prospecting and cookies. User data is primarily processed to: - Allow navigation on the site - Ensure the follow-up and smooth progress of the order And subsidiarily, - Prevent and combat fraud (hacking, anti-money laundering, etc.) - Improve site navigation - Conduct optional satisfaction surveys on site usage - Conduct statistics on tool usage and create internal reports for PLAYSE's management teams PLAYSE may use the provided email address to send promotional emails regarding news, offers, or any information that may potentially interest the site user. PLAYSE may send SMS and push notifications to the user. For example, to send a reminder of their next class or notify them that the coach/client is awaiting a response. 10.4. TYPES OF DATA PROCESSED PLAYSE may process, as an intermediary between users, all or part of the following information: - Name, surname, postal address, telephone number, and email address - Transaction history - Ads posted by coaches - Banking details and documents necessary for identifying recipients of issued transfers 10.5. PLAYSE is the sole recipient of this data. Personal data will not be transmitted to commercial or advertising entities. However, PLAYSE may be required to transmit this data to technical service providers for the execution of orders and the operation of the site. 10.6. This data is stored in France. 10.7. PLAYSE undertakes not to infringe upon the privacy of users and to take all necessary precautions to preserve the security and confidentiality of their personal data, notably by preventing it from being modified, damaged, or disclosed to unauthorized persons, subject to any obligations that may be incumbent upon it under Law No. 2004-575, known as the 'Digital Economy Trust.' The user acknowledges and agrees that during the aforementioned period, PLAYSE retains all documents, information, and recordings concerning their activity on the site. 10.8. In accordance with current European regulations, PLAYSE users have the following rights: - Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of Users' data - Right to lock or erase the personal data of users (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited - Right to withdraw consent at any time (Article 13-2c GDPR) - Right to limit the processing of users' data (Article 18 GDPR) - Right to object to the processing of users' data (Article 21 GDPR) - Right to data portability of data provided by users, when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR) - Right to determine the fate of users' data after their death and to choose to whom PLAYSE should (or should not) disclose their data to a previously designated third party. If the user wishes to know how PLAYSE uses their personal data, request rectification, or object to its processing, the user can contact PLAYSE in writing at the following address: PLAYSE – 78 Avenue des Champs Elysées 75008 Paris or by email at hello@playse.com. In this case, the user must indicate the personal data they would like PLAYSE to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport). Requests for the deletion of personal data will be subject to the obligations imposed on PLAYSE by law, particularly regarding the retention or archiving of documents. Finally, PLAYSE users can file a complaint with supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes). To exercise their rights, users can simply write to the following email address (contact@playse.fr) or send a letter to: PLAYSE – 78 Avenue des Champs Elysées 75008 Paris.
X – Protection of Personal Data
I authorize PLAYSE and its technical service providers to film me during a football training session. In accordance with provisions regarding the right to image, I accept that the recordings may be used, exploited, and broadcasted by PLAYSE as part of its activities with its various audiences, notably on live streaming systems, video conferencing, video streaming platforms allowing replay, as well as in any form and on any known or unknown media, on an unlimited territory and without limitation of duration, in full or in extracts. PLAYSE expressly prohibits itself from exploiting the recordings in a manner that could infringe upon privacy, reputation, dignity, or integrity of myself or my child. I guarantee that I am not bound by any agreement with a third party, of any nature whatsoever, aiming to limit or prevent the implementation of this authorization. The present authorization for the exploitation of the right to image is granted free of charge.
XI – Cookies
XII – Intellectual Property
12.1 Site The site and each of its components, including but not limited to, texts, images, videos, photographs, trademarks, logos, company names, domain names are the exclusive property of the company Playse or its partners. These elements are protected by laws relating to intellectual property and others, notably copyright law. Any reproduction or representation, in whole or in part, of the site or any of its components, without the authorization of the company Playse, is prohibited and constitutes infringement punishable by the Intellectual Property Code. 12.2 Content Any user who publishes content on the site retains full ownership of everything they publish. By communicating content through the site, the user expressly authorizes the company Playse to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate, and display all or part of the content on the site, social networks, blogs operated by the latter and/or on any other media (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purpose of exploitation, improvement, promotion, marketing, advertising of services and the site or for the establishment of partnerships. This authorization is valid worldwide and for the entire duration of the user's registration. The user acknowledges that any use of their content by the company Playse prior to their unsubscription, deletion, or termination of their account cannot be contested.
XII – Intellectual Property
12.1 Site The site and each of its components, including but not limited to, texts, images, videos, photographs, trademarks, logos, company names, domain names are the exclusive property of the company Playse or its partners. These elements are protected by laws relating to intellectual property and others, notably copyright law. Any reproduction or representation, in whole or in part, of the site or any of its components, without the authorization of the company Playse, is prohibited and constitutes infringement punishable by the Intellectual Property Code. 12.2 Content Any user who publishes content on the site retains full ownership of everything they publish. By communicating content through the site, the user expressly authorizes the company Playse to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate, and display all or part of the content on the site, social networks, blogs operated by the latter and/or on any other media (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purpose of exploitation, improvement, promotion, marketing, advertising of services and the site or for the establishment of partnerships. This authorization is valid worldwide and for the entire duration of the user's registration. The user acknowledges that any use of their content by the company Playse prior to their unsubscription, deletion, or termination of their account cannot be contested.
XIII - Hyperlinks
13.1 The User is authorized to create one or more hyperlink(s) pointing, for example, to the homepage of the site or to their profile page if they are a coach. Users are prohibited from creating any link from sites that do not comply with current legislation or that may harm the interests, reputation, and/or image of the site and the Playse company. In any case, the Playse company reserves the right to terminate this authorization at any time if it appears that the link established with the site is likely to harm its interests, reputation, and/or image. Under no circumstances does the existence of a hyperlink from a third-party site to the site imply cooperation and/or partnership between the site and that third-party site. The Playse company exercises no control over third-party sites and therefore assumes no responsibility for the content and products and/or services available on or from these third-party sites containing a hyperlink to the site. 13.2 The site may contain links to partners' sites of the Playse company or to third-party sites. The Playse company exercises no control over these sites and therefore assumes no responsibility for the availability of these sites, their content, and the products and/or services available on or from these sites. The company will not be liable for any direct or indirect damages that may occur when the user accesses the partner's site and/or the third party's site and uses the content and products and/or services of this site by the user.
XIV – Duration, Termination, and Sanctions
This contract is concluded for an indefinite period from the acceptance of the general conditions by the user. In the event that the user does not comply with these general conditions and/or commits any breach of applicable laws and regulations, the company is entitled to suspend or close the user's account automatically and by operation of law, and to refuse them access, in the future, to all or part of the services, without prejudice to any damages that Playse company may be entitled to claim.
XV – Customer Service
For any question or information regarding the site and services, the user can contact Playse company via the 'contact' section on the site or by sending an email to the following : hello@playse. fr .
XVI – Nullity – Waiver
In the event that any clause of this contract is declared null and void by a change in legislation, regulation, or by a court decision, this shall in no way affect the validity and compliance of these general conditions. The failure of Playse company to exercise the rights granted to it under these conditions does not constitute a waiver of its rights.
XVII – Modification of the General Conditions
Playse company reserves the right to modify all or part of these general conditions. Playse company will inform the user of any modifications to these general conditions as soon as they are posted on the site. In the event of non-adherence to the new general conditions, the user has a period of 24 hours from the date of notification to notify the Company by email. In the event that the user has not notified their disagreement within the specified period above, they will be deemed to have accepted the modifications.
XVIII – Applicable Law and Competent Jurisdiction
These general conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation, and/or execution falls within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Créteil. Effective Date: July 13, 2022