General Conditions Of Sale-Conditions Of Use

The authentic version of the general conditions of sale and use of www.click-dive.com is the French version only. The English version is only an aid to understanding.

1 definitions

The terms defined below will be in these terms, whenever they will begin with a capital letter, they are used in the singular or in the plural, the meaning attributed to them below.

“Announcement”: means an offer of training or provision of underwater diving published by a professional on the Site.

“TCU”: refers to these terms of use.

“Click-Dive”: refers to the Click-Dive company, stock company simplified to the capital of 1,000 euros, whose headquarters is located 22 rue Fernand Pauriol – 13005 Marseille, registered in the register of trade and companies of Marseille under the number 823 622 014.

‘Click-Dive Commission’: means a commission of 4.5% VAT out of bank fees subtracted from the cost of an ad in remuneration of the Service. This value is given for the year 2017. It can evolve over time but Click-Dive society is committed to ensuring not to exceed its initial value for at least 5 years for any professional from its date of entry into the Click-Dive network. The commission is set at 4% for professional registering on the Click-Dive site prior to 10/02/2017 12:00 French time. This introductory offer is valid until 10/02/2017 only to a Paypal account or credit given. A Click-Dive special 4% commission for Professional installed on the sector of the city of Marseille is established for any sign posted a professional prior to 07/01/2017 the commercial program “Marseille-diving” Click-Dive. The Click-Dive commission is not transferable, non transferable and renewable annually unless objection of one of the two parties.

“Content”: means any text, graphic, image, video, information or other elements that users post, upload, publish, submit, transmit, or include in their ad or user account in order to make it available on the Site.

“Diving”: means any activity of underwater diving or snorkeling available for booking on the Site (such as including explorations, training courses, baptisms, cruises or trips etc.),

“Diver”: means any person or entity booking a dive for his Reservation.

‘Booking’: means booking a dive by a diver to a professional.

‘Additional options’: refer to options that can be subscribed for by the diver in addition to the price of the Professional (rental, framing, hardware educational…).

‘Price diver’: means the price displayed on the announcement including the professional price, the Commission Click-Dive and the other booking fees excluding the additional Options. Unless stated otherwise in the listing, the diver price includes the loan of equipment, nor the amount of inflation gas (air, nitrox, oxygen, trimix,…),

“Professional Award”: means the price freely chosen by the professional at the time of its announcement, including the Commission Click-Dive and booking fees.

‘Professional’: means any person physical or moral, professional, or community, that can justify their commercial legal exercise of scuba diving at first request Click-Dive or a diver. By extension, means also of a professional agent, this agent to justify the existence and the scope of the mandate he has received,

“Service”: refers to services linking professionals and divers to facilitate the management tool of bookings and payments between users.

“Site”: means all the site internet www.click-dive.com.

“User”: means any user of the Site and the service, whether professional or diver.

2. acceptance of terms of use

The use of the Service and the Site are subject to these terms. The terms of use constitute a contract relationship between the user and Click-Dive. They cancel and replace all previous provisions and constitute the entire rights and obligations Click-Dive and the user relating to their purpose. The Parties agree that in the event of contradiction between the information present on the Site and the terms of use, the latter prevail.

Full and whole, without reservation, acceptance by the user, terms hereof is deemed given therefore to the creation of his user account or subscription to an offer.

Click-Dive reserves the right to change at any moment, as appropriate, changes taking effect at the time of their publication on the Site. The continuation of the use of the Site’s tacit acceptance of the users of the latest update of the terms of use.

3. purpose of the Service

The Service is a service of networking between professionals and divers to facilitate the booking of diving so that the management of payments between users.

Each user understands and agrees that Click-Dive is and remains a third party to the contract between a professional and a diver. Click-Dive as such, cannot be required to perform the obligations of a user in its place and cannot be held liable in respect of breaches by a user to its contractual obligations.

4. Service access

4.1. legal capacity

The Service is reserved for major physical people, emancipated minors, with their full legal capacity and legal entities that can submit unreservedly to these GTU.

4.2 access

In order to use his user account, it must have an address e-mail and a mobile phone number valid for the duration of the use of the Service. The user is committed to complete its Click-Dive account, legally use a Paypal account for payment, as well as have a level of diving adapted to the activity that he can justify, associated with a medical certificate if required by local regulation and an insurance person covering the activity.

5. use of Service

5.1 creating a user account

Beforehand, in order to use the Service, the user must create a user account by following the procedure listed on the Site and/or sent to him by email. Will be notably asked the user to complete all of the fields of his account.

The user alone is responsible for the preservation of the confidentiality of the access codes in its box e-mail and his user account, Click-Dive disclaiming all liability in the event of use of the Service by anyone other than the user or a person authorized by him with their usernames and passwords.

If you forget or use not conform by one third of his credentials, the user undertakes to inform Click-Dive promptly by email to the address [email protected]

The user undertakes to update contact information on the Site in the event of changing his email address and/or his mobile phone number as well as all of the fields of his account.

5.2 publication of an announcement and professional account

Any professional (diving center, independent, organizing events or diving trips and stays trainer) free may publish one or more ads to propose a dive under the provisions of article 6.1.1. This professional user will have to register as a professional to have access to this service in calling for the creation of a professional account on the site. Validation of professional on-site account demand cannot take place without the professional cannot justify its commercial exercise with a number of legal body (APS, SCA, etc.). Creating a professional account requires to have a Paypal account, or to provide a bank account number for those whose banks are SEPA area, on behalf of the professional company so that Click-Dive can add the amounts due. By creating a professional account, the professional agrees to be listed in our handy map and use a picture, logo or representative photograph of activity of the professional registered that the professional will be able to send us an e-mail or else can we collect on the website or any other medium of communication of the professional. This referral service is free for professionals registered on our site. Click-Dive reference also without charges on its Click-Dive card any medical service in connection with diving. Click-Dive offers a listing on its practical map by subscription system for other professional activities in connection with the diving: diving bottles inflating stations physical businesses, restaurant owners and hosters. This subscription is valid until the end of the current calendar year or the coming if the subscription takes place in December and will be repeated automatically off request by mail to the Subscriber to the service. The subscription is offered at costs 300 euros HT (360 euros including VAT) per year off promotional offer.

Click-Dive not vouch any user, diving or announcement.

The announcement must imperatively include at least one picture of diving and specify:

-the characteristics and the location of the dive,

-the qualifications necessary plongistiques (all accepted levels) to its participation in the event where it need,

-the dates of availability of the dive,

-the professional price chosen,

-any optional additional costs (rental, framing,…),

In the case of a Reservation, the professional price is freely chosen by its care. It includes the Commission Click-Dive and bank charges.

The professional undertakes to ensure maximum equal to the public price as part of his professional activity (price displayed or offered on any other media or directly with clients) the professional price. In the case of non-respect of this commitment, the professional will be required to pay the amount of 1,000 euros for every time to Click-Dive where this clause cannot exist in addition to the damage and interests that might be requested from the courts.

Click-Dive show on advertisement the diver price corresponding to the total price in euros to be paid by the diver including (i) the professional price, (ii) applicable additional fees expressly referred to in the ad, and (iii) the Commission Click-Dive.

This price includes all taxes (value added tax) and excluding costs of inflation or rental of equipment, unless otherwise stated in the announcement.

When the announcement will be submitted, Click-Dive administrators should validate it before that divers can book a dive. Click-Dive undertakes to examine any new announcement in 96 h.

Professionals will respect their booking capabilities and will not propose a number of dives greater than these in their ads. The number of remaining places can be modulated (increased or decreased) for each ad according to reservations other than the Click-Dive site professionals are committed to immediately update these numbers of places available on the Click-Dive site and notify the administrators of the Site. An excess of dives sold would be the sole responsibility of the professional.

As part of the booking, users understand, recognize and accept only the diving is investigated in the booking contract.

5.4 insurance

The professional undertakes to only offer booking diving covered by insurance of civil and legal liability for their diving and booking and/or training activities regardless of the nationality of the user, the area of expected evolution and to respect the law in force in organizing dives.

Click-Dive is not responsible for any accidents that may take place in preparation, then, or as a result of diving and invite divers to take out personal insurance for the activity.

The subscription to this contract by the Professional is done at the time of his announcement.

The contract applies automatically for each booking of diving through the Site.

Subscribing to this contract implies the respect of these terms by users.

5.5 the diver booking offer

The diver selects the site a dive, a date and a time so, as appropriate, that one or more additional options proposed by the professional in the relevant announcement. This selection is an offer for booking of diving (the “booking offer”).

By making a booking offer, the diver between its banking coordinates and undertakes to (i) pay in advance for the diver price by Paypal transfer or credit card (see section 8) to the professional.

The professional has no deadline to accept the booking, it is responsible for the availability in place and ensures that number at the time of his announcement.

The professional may not refuse a booking offer at its sole discretion.

5.6 booking of diving

The diving price is directly charged.

After the withdrawal of the amount of the price dive on the bank account or Paypal of the diver, Click-Dive communicate to each users information and personal data of another user. Users agree to not use that as part of the diving and to not be contacted directly in the future to conclude a contract of diving.

No-show of the diver at the scheduled time for diving, diving in the announcement amount will not be refunded and kept by the professional.

Users understand and agree that Click-Dive may be required to act as a mediator or arbitrator in case of disputes between users.

Any dispute involved between professional and diver, particularly as to the existence and/or to accountability for damage and/or the amount of repairs should be submitted to the competent courts.

5.8 evaluation users

Every diver can evaluate a professional with whom a contract of Reservation and diving reserved by writing a comment and/or a rating system. Reservations actually carried out open right to the publication of an assessment.

The comment and rating will be published on the public profile of the user concerned.

Ads of professionals will be ranked based on the quality of the comments and/or notes, the frequency of bookings.

Users can remove themselves a comment written by another user. However they have a right of reply to comments.

The user can also report to Click-Dive there is a comment that is inconsistent with this TOS by sending an email to the address [email protected]

Click-Dive reserves the right to remove any offending comments to the rules in force (racist, discriminatory, contrary to good morals or public order…) at its sole discretion as well as to remove any user account in the event of repeated inappropriate comments.

6. obligations of the parties

6.1. obligations of the user

The user undertakes to:

-use the website and the Service in accordance with these terms and the laws in force,

-to provide truthful, lawful, objective information and respecting the laws in force (insult, incitement to hatred, racism..).

-Act in good faith in the context of the use of the Service and the Site.

-having only one user account and do not open an account for anyone other than himself,

-use its user account only for personal, all activities performed from his account user being considered have been made by itself.

-regularly update its information by logging into the user account.

-not to give his account to a third party or to another user

-keep confidential its codes to access his account user,

-be able to prove at any timet of its graduates and/or qualifications claimed in his CV diver,

-to respect the administrative and regulatory formalities in force,

Each user must load itself archiving support independent memory of the Site the information available on the Site he needs for purposes of conservation of evidence, accounting, etc.

Click-Dive will, however, is available to users, on the Site, the different versions of the UGC since the creation of the user account.

6.1.1. specific obligations of the professional

The professional undertakes to:

-able to justify at any time as a diving professional,

-have appropriate regularly stated and/or registered his activity to the competent authorities,

-don’t offer booking that diving respecting the legislation in force,

-Verify the identity and the quality of the plunger before the dive,

-Verify that the diver is holder of certificates, diplomas and/or qualifications specified in his CV diver and necessary for the practice of diving.

-inform the diver in the announcement of any limitation of liability of the insurer.

The professional accepts and undertakes to respect its social and fiscal obligations according to its status.

The Professional includes Click-Dive is untied from any obligation of Council and that it does not engage the responsibility of Click-Dive in this title.

The Professional is required to provide to the diver, at first request, an invoice for the professional price.

The professional undertakes to offer the diver price prices strictly lower or equal to the same benefits it could offer live and no fees for use of the Site cannot be the responsibility of the diver.

The professional undertakes also to not divert or solicit users of the Service and not to conclude contracts of diving directly with them, apart from a reservation via the Site.

6.1.2. specific obligations of the diver

The diver is committed to:

-be owner of the credit card or the Paypal account used for the booking of diving,

-warn Click Dive through his user account, less than 2 hours after the start of diving, any dispute/disagreement relating to the announcement,

-hold the certificates, diplomas or qualifications for the relevant booking diving.

-to behave during the duration of the Reservation in person responsible.

The diver includes Click-Dive is untied from any obligation of Council and that it does not engage the responsibility of Click-Dive in this title.

6.2 obligations of Click-Dive

Click-Dive undertakes to make its best efforts to:

-ensure the functioning of the Site,

-meet the demands of users relating to the Service in a timely,

-allow users to access their account user to the summary of the orders including details of professionals price paid and the price exclusive of tax and tax paid value added.

7. cancellation of the booking

Any cancellation must be subject to prior written information at Click-Dive by users via e-mail.

7.1. the result of a case of Force Majeure

In case of occurrence of circumstances characterizing a case force majeure within the meaning of article 11, any user may ask for (i) the postponement of the booking to a later date, or (ii) the cancellation of the reservation, after justification of such circumstances in writing to the professional within a maximum of 12 hours following the time of the booking.

Click-Dive will not be held liable as such.

In the event of a cancellation due to a special weather bulletin preventing any output, the professional will propose to another date and no later than 1 year after the date of the booking diving directly with the plunger. If no agreement is found the professional will refund, within a period of fifteen (15) days by bank transfer or Paypal, the diver of the price dive net of bank charges or Paypal.

The professional will not therefore perceive the amount which it is entitled.

7.2. the fact of the professional

The professional may request the cancellation of diving which he proposed, except in cases of force majeure.

In the case where personal reasons serious and accepted by Click-Dive, the professional was canceling a reservation, it must inform Click-Dive, and the diver and will have to find an alternative solution in agreement with the diver.

In case of disagreement between the parties, the Click-Dive Commissions would only be charged so professional. The diver price would be refunded in full directly by the Professional with the diver by bank transfer or Paypal within 15 days.

However, in the case where the request for cancellation of the booking by the professional would be motivated by inability of the diver to be able to justify its certificates, its graduates or such qualifications as mentioned in his diver account and/or stated in the announcement, this cancellation will be considered as justified. The diver cannot require the repayment of the amount of the price diver. The professional will retain the professional price net of the Commission Click-Dive and bank fees or Paypal.

From three abusive or unjustified cancellations, Click-Dive reserves the right to delete the account of the owner under the conditions of article 13.

7.3. the fact of the diver

The diver can cancel the booking up to 72 h before reserved diving time. In this case the professional undertakes to reimburse the diver within 15 days the price net of bank charges or Paypal diver and the Commission Click-Dive.

The diver can cancel the booking 72 h and 48 h before reserved diving time. In this case the professional undertakes to reimburse 75% of the price net of bank charges or Paypal diver and the Commission Click-Dive the diver within 15 days.

The diver can cancel the booking between 48 hours and 24 hours before the reserved diving time. In this case the professional undertakes to pay 50% of the price net of bank charges or Paypal diver and the Commission Click-Dive the diver within 15 days.

The diver can cancel the booking between 24 hours before the reserved diving time and time of the reserved diving. In this case the Professional is not committed to refund the diver.

 The professional may in these cases, at his discretion and responsibility, offer another benefit to avoid any refund as an alternative and directly to the diver. The alternative solution must be validated by both parties.

7.3.1 if diving is not the announcement

In case the dive does not correspond to the announcement, the diver report you to Click-Dive before the dive and him will present all by attesting proof.

The diver must decide whether he wants to cancel the dive.

In the event that it should decide to hold the Reservation, it can in no way claim the diver price, for any reason whatsoever to the title of this dive.

In the event that he decides to cancel the booking the diver understands and accepts that it cannot request a refund of the price Diver (net of the Commissions Click-Dive) than directly with the professional, without ever being able to engage the responsibility of Click-Dive as such. In this case, the professional owner undertakes to repay the diver diver of the price and be responsible for bank fees or Paypal and the Commission Click-Dive.

8 conditions of diving regulations

The diver price by the diver is paid for each booking, by anticipation, by payment by credit card or Paypal transfer the site from acceptance of the offer.

The diver price per diver is paid only once.

9. availability of the Service and the Site

Click-Dive undertakes to make its best efforts to ensure that the Service and the Site are available 24/24, 7 days 7, other than those required for the needs of curative or evolutionary maintenance continuously.

The user’s attention is specifically drawn to the fact that the Site and the Service are, like any computer application, likely of malfunctioning, anomalies, errors or interruptions which may be particularly due to connection problems.

As a result, Click-Dive does not guarantee to the user that the Site and the Service will be available on a permanent basis.

The user cannot seek the liability of Click-Dive because of such failures, anomalies, errors or interruptions, even in the event where these would have caused some harm.

10. liability

10.1 limitation of liability

Click-Dive reminds that it is not a party to booking contracts and or agreements between users.

Click-Dive is not responsible for delays or the possible management of disputes between users.

Click-Dive is also not responsible for the possible lack of provision on the account of the tenant or of any disagreement between the professional and the diver.

Under reserve of exclusions of liability provided for in these terms, it is agreed that in any event and whatever the basis, responsibility that Click-Dive may incur in any capacity whether in connection with the Site or Service, except fraudulent, or heavy fault cannot exceed the total amount charged by Click-Dive to the user when booking which results in the operative responsibility of Click-Dive.

In any case, Click-Dive will not be held to fix an injury of indirect nature, when well same Click-Dive had been informed of the possibility of such damage.

The user acknowledges that the fare conditions of the Service are based on these limitations and exclusions, without which Click-Dive would have not contracted.

10.2. exclusions of liability

In addition to the cases provided for in this TOS, the responsibility of Click-Dive is excluded in the following cases:

-compliant or unlawful use of the Site and/or the Service by the user,

-unavailability of the Site and/or the service in accordance with section 9 above,

-fraudulent intrusion of a third party in the Site and/or the Service,

-non-conformity of the diving with the announcement,

-failure to respect the administrative and legal formalities by the user.

Moreover, the responsibility of Click-Dive cannot be held in respect by users of their social and fiscal obligations according to their statutes and/or any duty of advising users to this title.

10.3. hypertext links

The Site may include links to other websites or other Internet sources. Click-Dive has no control of these Sites and external sources. As a result, Click-Dive cannot be held responsible for the availability of these Sites and external sources and accepts no liability for the content, advertising, products, Services and anything else available on the latter. In addition, Click-Dive cannot be held responsible for all damage or losses, true or alleged, consecutive to, or in connection with the access, use or the fact of having trusted the content, goods or Services available on these Sites or external sources. Click-Dive is responsible for hypertext links that it creates. Any difficulty with a link that she would not have created must be submitted to the administrator or webmaster of the Site in question.

11. force majeure

The parties agree that such are cases of force majeure:

-special weather preventing all outputs.

-the legislative and regulatory changes

-natural disasters, fires, storms, floods, wars and acts of terrorism, strikes internal to the company, illness, overvoltage and electric shocks, failures of the systems of cooling and computer materials, lockups and slowdowns of electronic communications networks and,.

-more generally quite unpredictable and outside will Click-Dive and users.

12 confidentiality

Click-Dive undertakes to keep confidential any information collected during the creation of the user account.

Click-Dive is committed not to use any data obtained from the user for other purposes than that of the Service, and especially not to resell these data to third parties for commercial purposes, except that such use is required by law or by any administrative or judicial authority.

13. suspension / termination

The user acknowledges that Click-Dive has the right to suspend access to the Service or to terminate its contractual relationship with the user, or remove any user account, right, simple e-mail and without other formalities for any reason, and in particular:

-in case of use in line or illegal service especially in case of problem of payment (including suspicion of money laundering),

-in case of no respect of the terms of use,

-in case of cancellation more of two reservations, except in cases of force majeure, in the terms of article 7,

-in the case of a particularly negative evaluations by other users or non-compliance of the diving with the announcement.

-in the case of a shutdown of the Site and/or the Service by Click-Dive.

The user agrees in consequence to not create a new user account.

The user may terminate his account at any time by simple e-mail to [email protected]

However he is committed to maintaining and ensuring ongoing or accepted bookings.

14. personal data

Treatment of personal data has been a simplified declaration with the French (CNIL) personal data protection authority on 17 November 2016 under the number 2008754.

The data processing Manager is Mr Nicolas Duflot.

The user consents to the transfer of their personal data, for the proper performance of the Service and for non-commercial purposes, outside the European Union.

In accordance with the data protection Act n ° 78-17 of 6 January 1978 and its implementing decrees, the user has a right of access, modification, rectification and deletion of personal data concerning him, exercisable from [email protected]

Depending on the choices made when creating the user account, the user will be likely to receive commercial offers of Click-Dive. If the user no longer wishes to, he may at any time to oppose by sending an e-mail message the informing to [email protected]

Any use of personal data other than that indicated above shall be subject to a prior individual consent and explicit on the part of users.

15. intellectual property

“Click-Dive” and the logo appearing on the Site are trademarks and remain the full property of Click-Dive. No license is granted to the user.

Click-Dive is the owner of the intellectual property rights associated with the Service and the Site, and, particularly related to software components, ergonomics, layout, graphics, logo, and the design of the Site.

The user shall not interfere in any way whatsoever to the intellectual property rights held by Click-Dive.

Users are solely responsible for content and ensure Click-Dive of any claim relating to the content related to the violation of the rights of third parties and the legislation in force and undertake to indemnify Click-Dive for any damage that may be suffered by it and to pay damages and interest, fees, including Council, she could have committed such.

Each user concedes a non-exclusive right to reproduce, represent, modify, translate, adapt, and sublicense the content for the duration of the copyright and for the whole world, of any other analog, digital or paper, for commercial purposes free of charge or not.

16. independence of the clauses and Severability

If one or more stipulations of the terms were declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and their range, to the extent permitted by that decision. In addition, the fact that a party to not rely on one breach of the other party to any provisions of the terms of use shall be construed as a renunciation on its part to take advantage in the future of such a breach.

17 cookies

When accessing the Site, a cookie (or ‘local storage’ or ‘cookies’) can be installed automatically and be stored temporarily in memory or on the hard disk of the user, in order to facilitate navigation on the Site. Cookies are used to record information related to the use of the Site (such as the pages visited, the date and time of access, etc.). Users have the right to oppose the registration of cookies by setting their browser settings. However, this operation will remove all the cookies used by the browser, including those used by other web sites, which can lead to the alteration or loss of certain settings or information. The removal of cookies can be likely to change, or even to make difficult navigation of the user on the Site. On this point, see the advice of changing these options depending on the browser used, accessible under ‘your traces’ of the CNIL website: www.cnil.fr.

18 publication – accommodation

OVH

SAS with a capital of €10 069 020
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
VAT NO.: FR 22 424 761 419
Head office: 2 rue Kellermann – 59100 Roubaix – France.
Director of publication: Octave KLABA http://OVH.com

19. applicable law

These terms are exclusively governed by french law.