The company Comme des Français SAS (hereafter, "Comme des Français") had published a linking platform accessible on an internet site notably at the address www.commedesfrancais.com intended,on one hand to connect foreign or French tourists wishing to discover, on the occasion of a trip or a stay in a French city or region, with "French friends", true ambassadors of the French art of living, having all the requisite qualities, and who propose a number of activities in the domains of (gastronomic, linguistic, discovery of a terroir, cultural, artisanal, leisure) with typical French characteristics enabling them to further their culture and knowledge of France by sharing the French way of life, according to variable tariffs, fixed by the "French Friends", and on the other hand, to publish online media content and articles relating to the French art of living (hereafter, the "Platform").
The purpose of these General Terms and Cnditions of Use and Service (GTCUS) is to regulate the access and modalities of use of the Platform. The Parties involved in the Platform are invited to take a close look at them. Thus, the Parties understand and acknowledge that Comme des Français is not party to any agreement, contract or contractual relationship, of any kind, concluded between the members of its Platform. With the exception of an eventual publication by external services, subject to a convention outside the present GTCUS.
By clicking on the "Connect with Facebook" or "registration via Google" or "registration with an email" button, Members acknowledge that they have read and accept all of these terms and conditions of use and service.
In the present terms,
"French friend" meaning the Member proposing on the platform in the way of an experience, an activity relating to the discovery of the French art of living. The candidacy as a "French friend" Member is subject to prior validation by the company Comme des Français according to the required capacities and acceptance of the Charter of Proper Conduct.
"Beneficiary" meaning the member who has accepted an activity proposed by a "French friend" in accordance with the terms and the agreed price listed in the experience.
"GTCUS" meaning these General Terms and Conditions of Use and Service
"Charter of Proper Conduct" meaning the document accepted by the French friend allowing him/her to propose activities on the platform, taking into account the rules of good conduct to respect the Beneficiaries in order not to undermine the reputation of Comme des Français, the validation of the inscription of a French friend on the platform being subject to the prior acceptance of the said Charter
"Account" meaning the Account that must be created in order to become a Member and access certain services offered by the Platform
"Facebook account" has the meaning given to it in section 3.2 below
"Google account" has the meaning given to it in section 3.2 below
"Reservation Confirmation" has the meaning given to it in article 4.2.1 below
"Member Content" has the meaning given to it in section 11.2 below
"Experience" meaning an experience concerning an activity posted on the Platform by a "French friend" specifying its characteristics, schedule and tariff. The experience will also indicate the languages spoken by the Member proposing the activity
"Service charge" has the meaning given to it in section 5.2 below;
"Member" means any natural person who has created an Account on the Platform that he/she is a French friend or Beneficiary
"Price of an Activity" means, for a given Activity, the sum of money requested by the French friend and accepted by the Beneficiary in respect to his/her participation to the proposed Activity
"Platform" has the meaning given to it in section 1, above
"Activity" meaning the type of activities offered by a "French friend" which may be the discovery of a tourist site, a leisure activity, a visit to a cultural place, a French gastronomic specialty, a place symbolizing the art of French living (vineyard, local crafts, interactive workshop...)
"Reservation" has the meaning given to it in article 4.2.1. below
"Services" meaning all services rendered by Comme des Français through the Platform
"Site" means the website accessible at www.commedesfrancais.com
3.1 Registration requirements for the Platform
The use of the Platform is reserved for individuals of 18 years of age or older. Any inscription on the Platform by a minor person is strictly forbidden. By accessing, using or registering on the Platform, you are declaring and guaranteeing to be 18 years of age or older. Concerning the French friends, the latter can be grouped in a non-profit associative form, which in this case represents a wholly-fledged entity, or as a professional form, in the context of a lucrative activity (professional guides) approved and declared. Non-professional French friends can register on the Platform to offer an experience-sharing activity exclusively on a volunteer basis without any compensation.
3. 2 Opening an Account
The Platform allows Members to view Experiences as well as interact with each other for the reservation of an Activity, any User can view the Experiences even if they are not registered on the Platform. On the other hand, the User cannot publish an Experience or book an Activty without having previously created an Account and becoming a Member.
To open an Account, you can:
(i) Ether complete all mandatory fields on the registration form;
On the occasion of the creation of your Account, whatever method chosen to do so, you agree to provide accurate and consistent personal information in accordance with reality and to update them, through your profile or by averting Comme des Français, in order to guarantee its relevance and accuracy throughout your contractual relationship with Comme des Français
In case of registration by email, you agree to keep secret the password chosen when creating your account and not to communicate it to anyone. In case of loss or disclosure of your password, you agree to inform Comme des Français without delay. You are solely responsible for the use made of your account by a third party, as long as you have not expressly notified Comme des Français of the loss, fraudulent use by a third party or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, other accounts than the one originally created.
Comme des Français may, for the purpose of transparency, confidence-building, or prevention or detection of fraud, implement a system of verification of some of the information you provide on your profile. This is especially the case when you fill in your phone number or provide an identity card.
You acknowledge and agree that any reference on the Platform or Services to so-called "verified" information or any similar term, means only that a Member has successfully completed the existing verification procedure on the Platform or Services in order to provide you with more information about the Member with whom you intend to fulfil a activity. Comme des Français does not guarantee the veracity, reliability or validity of the information which has been the subject of the verification procedure.
4.1 Rules for Publishing Activity Experiences
As a French friend, and provided that you fill the conditions below, you can propose Experiences on the Platform by indicating information about the nature of the Activities offered (cultural visit, craft discovery, wine discovery, culinary discovery etc...).
The Platform Comme des Français reserves the right to validate or refuse an application, after exchange with the candidate, without having to justify the reason
When proposing your Experience, you indicate the availability in terms of planning, languages practiced, price of the Activity
Once the publication is validated by the Platform, you can then connect to it to declare your schedule
You may only publish an Experience if you complete all of the following conditions:
You acknowledge that you are solely responsible for the content of the Experience you post on the Platform. As a result, you declare and guarantee the accuracy and truthfulness of any information contained in your Experience and commit to perform the Activity in the manner described in your Experience.
Provided that your Experience complies with the GTCUS, it will be published on the Platform after validation and thus visible to Members (Beneficiaries and French friends) and all visitors, even non- members, conducting a search on the Platform or on the website of partners of Comme des Français. Comme des Français reserves the possibility, at its sole discretion and without notice, not to publish or withdraw, at any time, any Experience that does not conform to the GTCUS or that it considers to be detrimental to its image, and that of the Platform or Service.
You acknowledge and agree that the criteria taken into account in the classification and the order of your Experience to be displayed among the other Experiences are at the sole discretion of Comme des Français
You are committed to the availability slots you offer. However if you repeatedly refuse entries on successive slots, the Platform Comme des Français reserves the right to suspend your Account.
4.2 Reservation of an Activity
The terms of reservation of an Activity depend on the nature of the Activity, Comme des Français have put in place an online reservation system.
4.2.1 Reservation Procedure
Comme des Français have put in place a system of reservation of Activities online (the "Reservation").
The eligibility of an Activity to the Reservation system remains at the sole discretion of Comme des Français, who reserves the possibility to modify these conditions at any time.
If you are a French friend and you have chosen to manage your own booking requests during the publication of your Experience, in order not to damage the reputation and the quality of the Platform, you are required to answer any booking request in a delay of 24 hours. Default to do so, the booking request expires automatically and the Beneficiary is reimbursed for all the sums paid, if any, at the time of the booking request. Moreover, if the French friend does not respond to two consecutive requests from a Beneficiary within 24 hours, the Platform "Comme des Français" reserves the right to delete or suspend his/her account.
As of the Confirmation of the Reservation, Comme des Français sends you the telephone details of the French friend (if you are a Beneficiary) or that of the Beneficiary (if you are a French friend), in the case that the Member has given his/her consent to the disclosure of his/her phone number. You are now solely responsible for the execution of the contract that binds you to the other Member.
On the other hand, the Members are forbided to fulfil services directly between themselves, outside the Platform Comme des Français, any breach of this prohibition in fact and in law will event in the exclusion of the Members concerned from the Platform, any contestation will not be considered and there will no compensation offered whatsoever.
Any use of the Services, whether as a Beneficiary or as a French friend, is nominative. The French friend as the Beneficiary must correspond to the identity communicated to Comme des Français.
At the time of the Reservation, the Beneficiary will tell the French friend the number of possible participants by specifying their identity, and whether they are major or minor. Minors will have to have parental permission to participate in the activity The cost of the Activity will be increased by as much per additional person; It is stated, however, that for security reasons, the number of participants in an Activity offered by a French friend may not exceed 10 persons (or less according to the wishes of the French friend).
However, Comme des Français allows its Members to reserve one or more Activities on behalf of a third party. In this case, you agree to accurately indicate to the French friend, at the time of booking or by sending the message to the French friend, the names, forenames, ages and telephone numbers of the person (s) on behalf of which you are booking an Activity. It is strictly forbidden to book an Activity for a minor under the age of 15. For Activities accepting minors, the latter will remain under the sole responsibility and custody of their legal representative (s) or their accompanying person (s). However, some Activities will not be open to minors for reasons of compliance with the legislation. In the event that a Beneficiary presents himself/herself on the day of the Activity accompanied by a minor for an Activity prohibited to minors, the Activity will be cancelled and not reimbursed. In case of doubt about the age of a participant, the French friend has the possibility to ask for an identity card justifying the age of the person before accepting or denying the service as specified above. In addition, the Platform is intended for the reservation of Activities for natural persons.
It is also forbidden to register a French friend other than yourself.
4.3. Notation and opinion
In order to optimize the quality of the site, Comme des Français encourages you to leave an opinion on a French friend (if you are a Beneficiary) or on a Beneficiary (if you are a French friend) with whom you shared an Activity or with whom you were supposed to share an Activity. On the other hand, you are not allowed to leave an opinion on another Beneficiary, if you were a Beneficiary yourself, or on a Member with whom you did not share an Activity or with whom you were not supposed to be sharing an Activity.
Your opinion, as well as that left by another Member for you, if any, are only visible and published on the Platform after the shortest of the following periods: (i) immediately after you have both left a comment or (ii) passed a period of 14 days after the first comment was left.
You have the opportunity to reply to a comment that another Member has left on your profile within a maximum of 14 days following the publication of the comment left to you. The comment and your reply, if any, will be published on your profile.
You acknowledge and agree that, Comme des Français reserves the possibility of not publishing or deleting any comment, question, review or reply that it deems to be contrary to these GTCUS, including insults or unverifiable grievances.
Comme des Français reserves the possibility to suspend your Account, limit your access to the services or terminate these GTCUS if (i) you have received at least three comments and (ii) the average mark of the comments you received is equal to or less than 3.
Access and registration to the Platform, research, consultation and publication of Experiences is free of charge. On the other hand, the Price of an activity is charged under the conditions described below.
5.1 Price of Activities
The amount of the Price of Activities is determined by you, as a French friend, under your sole responsibility. You declare, as a French friend, to be in a regular situation from a legal and tax point of view, in order to receive remuneration as a result of your Activities which will be exercised in the context of a prior registration as a self-employed person, Certified Professional Guide or in a non-profit associative form, through the use of our Platform. Private and non-registered French friends as self-employed persons but wishing to share an experience free of charge, cannot receive any remuneration for their accompanying services. No claim in any capacity whatsoever, including solicitation of a requalification as a hierarchical subordinate of the company Comme des Français, may be made against Comme des Français. As such, the company Comme des Français does not impose any distinctive demand on the French friend in making an advertising and promotional reference to the Platform on the occasion of the realization of his/her Activity.
When you propose an Experience, Comme des Français leaves you free choice of setting the cost charges of the proposed Activities. Comme des Français does not intervene in the tariff negotiations between the Members and accepts no claims of the Members in a disagreement on the proposed price.
The Platform Comme des Français bears the costs associated with the use and remuneration of the MangoPay payment solution. You receive the amount that was set for the cost of the proposed Experience. At the time of the reservation by the Beneficiary, the Platform Comme des Français adds to this price its service fees as defined in Article 5.2. Which it retains in connection with the use of the proposed reservation service.
Any claim by a French friend concerning the repayment of his/her services paid by the Beneficiary must be brought directly to the MangoPay solution in the context of the complaint procedure provided for by the Conditions of use thereof, appended to these GTCUS.
The company Comme des Français cannot be held responsible for any incident relating to the payment of sums due by the payment solution MangoPay with respect to the French friend.
However, in the event of a dispute, Comme des Français can help with a view to its amicable resolution, without such assistance constituting any responsibility whatsoever.
In addition, you are solely responsible for the costs of cancelling the reservation as long as this cancellation is attributable to you.
5.2 Service Charges
In the framework of the contractualised services between the Members, Comme des Français levies, in consideration of the use of the Platform, at the time of the reservation, a Service Charge (hereinafter "Service Charge") in a flat-rate manner fixed at 8 Euros TTC per booking made for a service of less than 55 euros and 15% for a service greater than or equal to 55 euros. The amount of the service is defined as the amount proposed for a person multiplied by the number of participants.
The Service Charge is levied by Comme des Français for each service that is the subject of a Reservation by a Beneficiary.
These Service Charges are deducted from the payment of the Activity by the MangoPay solution to the French friend, and remitted by the latter to the Platform Comme des Français.
Comme des Français reserves the right to change at a later date the amount of these Service Charges according to the costs and charges which may be imposed on it.
5.3 Claim of a Beneficiary and Refund of the Cost of a Completed Activity
After an activity has been completed, the Beneficiaries have a 24 hour period to submit a claim to Comme des Français. In the absence of protest of their part during this period, Comme des Français considers the confirmation of the Activity as acquired.
From this express or tacit confirmation, you, as a French friend, have a credit payable on your Account. This appropriation corresponds to the total amount paid by the Beneficiary at the time of confirmation of the reservation reduced by the Service Charge, i.e. the amount of the Price of the Activity is the expenses paid by the Beneficiary and the costs and remuneration of the solution of MangoPay Payment
When the Activity is booked by the Beneficiary, and in the absence of a claim of the latter within the period of 72 hours, Comme des Français will validate the said booking and authorise the company MangoPay to transfer the money to your bank account (by entering in your Account, in advance, your bank details) or your PayPal account (by filling in your account, in advance, your PayPal email address), in accordance with the contractual terms of payment.
The order of transfer to your name will be forwarded to the payment solution MangoPay after confirmation of your share of the good holding of the Experience and past the period of claim available to the Beneficiary (provided that Comme des Français has your banking information).
Apart from the activity of "Professional Guide" subject to public accreditation and professional declaration (items verified by Comme des Français when validating the inscription), you agree, as a French friend, to use the Services and the Platform uniquely to be connected, on a non-professional basis, with people wishing to share an Activity with you. The use of the Services and the Platform remains an additional income in the context of a self employed status for which you are regularly declared. Similarly, the activity exercised by private French friends as a "volunteer" without remuneration is not considered to be a main occupation.
You also acknowledge, as a French friend, that you are not under the hierarchical authority of the company Comme des Français, and do not exercise your services in the context of a contract of employment.
You are solely responsible for calculating the costs you incur for an Activity, and you agree to remain reasonable and measured, to the extent possible, in setting the prices proposed to the beneficiary(ies).
Comme des Français also reserves the possibility to suspend your Account, limit your access to Services or terminate these GTCUS in case of over-activity on your part on the Platform, which, due to the nature of the services offered, their frequency, or the number of Beneficiaries accompanied, may lead to think that you are unsertaking a main professional activity , except in the event that the French friend is a certified and declared Professional Guide.
7.1 Terms of Reimbursement in the Event of Cancellation
The Activities with reservation are the subject to this cancellation policy.
Cancellation of an Activity with reservation by the French friend or the Beneficiary after payment is subject to the following stipulations:
– In case of cancellation attributable to the French friend, the Beneficiary is reimbursed for the total amount he/she has paid (i.e. the cost of the service and the related Service Charges). This is particularly the case when the French friend cancels a service or does not go to the meeting point at the latest 30 minutes after the agreed time; In this case, the Platform Comme des Français bears the costs of the reservation;
– In case of cancellation attributable to the Beneficiary:
If the Beneficiary cancels prior to the validation of the Activity by the French friend, he/she is reimbursed the entire amount of the cost of the service, without any restraint, the Platform Comme des Français supporting the costs of the reservation.
If the Beneficiary cancels up to 96 hours before the reserved slot, after validation by the French friend, except in cases of force majeure according to the definition regularly admitted and duly justified, the Beneficiary is reimbursed the amount of the cost of the Activity. Only the Service charge (Article 5.2) is retained by Comme des Français and the French friend receives no sum of any whatsoever;
If the Beneficiary cancels within a period between 96 hours and 24 hours before the reserved slot and after validation by the French friend, a refund is authorized, net with a penalty of 20% of the amount of the Activity and of the Service Charge which remains, acquired by Comme des Français, except in cases of force majeure duly justified. The French friend perceives the difference between the service fees retained by the Platform and the applied penalty.
If the Beneficiary cancels less than 24 hours before the scheduled time of the beginning of the Activity as mentioned in the experience and after validation by the French friend, or if he does not show up at the latest within 30 minutes of the agreed time, no reimbursement shall be made except in cases of duly substantiated force major (accident, sickness, death). The French friend is compensated to the full amount of the cost in the expenses and the Services Chages are retained by Comme des Français.
In the event of a request for cancellation for meteorological reasons which may pose a danger to the safety of persons or property, as described in "orange, red or violet vigilance" by the National meteorological services, prior to any Cancellation and reimbursement, it will be proposed between the Beneficiary and the French friend, to agree, among themselves, of another date to be fixed for the Activity. If it is not possible to agree on another date, the cancellation will be considered as a case of force majeure and will result in a reimbursement to the benefit to the Beneficiary.
Where the cancellation occurs before the beginning of the Activity and by the Beneficiary, the Activity (ies) cancelled by the Beneficiary are as of right made available to other Beneficiaries who can book them online and accordingly subject to the conditions of these GTCUS.
Comme des Français appreciates at its sole discretion, on the basis of the elements at its disposal, the legitimacy of the requests for reimbursement it receives.
7.2 Right of Withdrawal
By accepting these GTCUS you expressly agree that the contract between you and Comme des Français consisting of the connection with another Member shall be executed before the expiration of the withdrawal period upon Confirmation of Reservation and waive expressly to your right of withdrawal, in accordance with the provisions of article L. 221-28 of the Consumer Code.
8.1 Commitment of all users of the Platform
You acknowledge that you are solely responsible for compliance with all laws, regulations and obligations applicable to your use of the Platform.
In addition, by using the Platform and during the services, you agree to:
(i) not use the Platform for professional purposes as a French friend, except in the case of certified and registered Professional Guides.
(ii) transmit to Comme des Français (especially when creating or updating your Account) or to other Members no false, misleading, deceptive or fraudulent information;
(iii) keep no comments, conduct or publish on the Platform any content of a defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, sexual connotation, inciting hatred, violence, discrimination or hatred, encouraging the activities or use of illegal substances or, more generally, contrary to the purposes of the Platform, such as to impair the rights of Comme des Français or a third party or contrary to good morals;
(iv) not to undermine the rights and image of Comme des Français, including its intellectual property rights;
(v) do not open more than one Account on the Platform and do not open an account on behalf of a third party;
(vi) not to attempt to circumvent the online reservation system of the Platform, in particular by attempting to communicate to another Member your contact information in order to make the reservation outside the Platform and not to pay the Service Charges;
(vii) not to contact another Member, including through the Platform, for a purpose other than to define the terms of the Activities;
(viii) not to accept or make a payment outside the Platform
8.2 Commitments of French friends
In addition, when you use the Platform as a French friend, you agree to:
(i) comply with all laws, rules, codes applicable to the realization of your activities, including the provision of valid liability insurance at the time of proposed Activity;
(ii) take no risk when driving, if you are required to transport beneficiaries with your private vehicle, not to absorb any product that would impair your attention and ability, to drive with vigilance and safety;
(iii)publish experiments that correspond only to truly planned activities;
(iv) publish media content, whether texts, photographs or videos (previously validated by Comme des Français before they were posted on the Platform) of which you are the sole author, and of which you guarantee to hold all the Intellectual Property Rights
(v) perform the Activity as described in the experience and respect the schedules and places agreed with the other Members (notably the agreed meeting point);
(vi) not to take more Beneficiaries than the number indicated in the experience;
(vii) in the event of an impediment or change in the schedule of an Activity, inform your Beneficiaries without delay;
(viii) wait for the Beneficiaries at the agreed meeting place at least 30 minutes beyond the specified time;
(ix) ensure you can be reached by phone by your Beneficiaries, at the number registered on your profile;
(x) generate no direct payments with Beneficiaries other than through the Platform;
(xi) ensure that you do not have any contraindications or medical incapacity to perform your Activities.
(xii) behave appropriately and responsibly during the Activity and in accordance with the spirit of quality and hospitality of all French friends in order not to undermine the reputation of the Platform Comme des Français.
8.3. Commitments of Beneficiaries
When you use the Platform as a Beneficiary, you agree to:
(i) behave properly during the Activity so as not to hinder the French friend or the tranquility of other Beneficiaries or third parties encountered;
(ii) respect the places visited or the vehicle of the French friend (in the case of transport) and their cleanliness;
(iii) in case of impediment, inform the French friend and the Platform Comme des Français without delay;
(iv) wait for the French friend at the agreed meeting place at least 30 minutes beyond the specified time;
(v) communicate to Comme des Français or any French friend who requests it, your identity card or any document of a nature to attest to your identity;
(vi) make sure you can be reached by phone by the French friend, at the number registered on your profile, especially at the given meeting point.
(vii) during the notation of the French friend, to leave a note or an objective comment on the quality of the Activity rendered by the latter.
In the event that you have made the reservation of one or more Activities on behalf of third Parties, in accordance with the provisions of article 4.2. above, you are strongly satisfied by this third Party of their respect to this present article and in general, to the present GTCUS. Comme des Français reserves the possibility to suspend your Account, limit your access to the Services or terminate these GTCUS, in case of failure on the part of the party on behalf of which you have reserved an Activity to these GTCUS
As a member, you have the opportunity to end your relationship with Comme des Français at any time, free of charge and without cause. To do this, simply go to the "Account closing" tab of your profile page.
In case of (i) violation of your part of these GTCUS, including your obligations as a Member referred to in sections 4.2.1, 6 and 8 above, (ii) exceeding the limit referred to in section 4.3.3. Above or if (iii) Comme des Français has serious reasons to believe that this is necessary to protect its security and its integrity, those of its Members or third parties or for purposes of prevention of fraud or investigations, Comme des Français reserves the Possibility to:
(i) Terminate, immediately and without notice, these GTCUS; Or
(ii) Prevent the publication or deletion of any notice, experience, messages, content, reservation request, or any content published by you on the Platform; Or
(iii) Limit your access and use of the Platform; Or
(iv)Temporarily or permanently suspend your Account.
When necessary, you will be notified of the delivery of such a measure in order to allow you to give your explanations to Comme des Français. Comme des Français will decide, to its sole discretion, to lift the measures put into application or not.
11.1 Content published by Comme des Français
Subject to the content provided by its Members, Comme des français is the sole holder of all Intellectual Property Rights relating to the Service, the Platform, its content (including texts, images, drawings, logos, videos, sounds, data, graphics) and software and databases that ensure their operation.
Comme des Français grants you a non-exclusive, personal and non-transferable license to use the Platform and Services, for your personal and private use, non-commercially and in accordance with the purposes of the Platform and Services.
You are forbidden to any other use or exploitation of the Platform and the Services, and their contents without the prior written permission of Comme des Français. In particular, you are forbidden to:
(i) reproduce, modify, adapt, distribute, publicly represent, disseminate the Platform, the Services and their content, with the exception of what is expressly authorized by Comme des Français;
(ii)decompile, reverse engineer the Platform or Services, subject to the exceptions provided for in the texts in force;
(iii) Extract or attempt to extract (including using data extraction robots or any similar data collection tool) a substantial portion of the data from the Platform.
11.2 Content Communicated by you to the Platform
In order to allow the provision of the services and in accordance with the purpose of the Platform, you grant Comme des Français a non-exclusive license to use the content and data you provide in connection with your use of the services ( Hereafter, your "Member Content"). In order to enable Comme des Français to be broadcasted by digital network and by any communication protocol, (in particular the Internet and mobile network), as well as the availability to the public of the content of the Platform, you authorize Comme des Français, globally and for the duration of your contractual relationship with Comme des Français, to reproduce, represent, adapt and translate your member content in the following way:
(i) you authorize Comme des Français to reproduce all or part of your Member Content (including the photograph of the French friend) on any digital recording medium, known or unknown to date, and in particular on any server, hard disk, memory card , or any other equivalent medium, in any format and by any known and unknown process to date, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service;
(ii) you authorize Comme des Français to adapt and translate your Member Content, as well as to reproduce these adaptations on any digital media, current or future, stipulated in (i) above, in order to provide the Services, in particular in different languages. This right includes the ability, in accordance with your moral right, to make changes in the formatting of your Member Content for the purpose of complying with the Platform's graphical charter and/or making it technically compatible for its publishing through the Platform.
As a French friend, you may be required to publish media content other than that relating to a Activity experience, relating to a particular knowledge, experience or know-how in relation to the French art of living. This type of publication, subject to the prior validation of Comme des Français, may be the subject of a remunerated contractualisation which is the subject of a separate agreement of these GTCUS. Media content can be a text, a photo or a video, which you declare to be the author and hold all Intellectual Property Rights. Failing to do so, any infringement of the Intellectual Property of a third party may be the subject of a judicial indemnity procedure, in case the responsibility of the Platform Comme des Français is sought in this respect. In addition, media content must respect the laws and practices in force in terms of privacy, not be defamatory or undermine the moral integrity of others, in particular respecting good morals.
The Platform is an online linking Platform on which members can create and publish experiences or media content for Activities for the purpose of discovering places, gastronomy, crafts, leisure avtivities, customs relating to The French art of living and allowing Beneficiaries accompanied by French friends to share this art of living... These experiences and media content can be consulted by other Members to learn about the Terms of Service and, if applicable, book directly with the Member who posted the experience on the Platform.
By using the Platform and accepting these GTCUS, you acknowledge that Comme des Français is not a Party to any agreement between you and the other Members to share the costs associated with an Activity.
Comme des Français has no control over the behaviour of its Members and Users of the Platform. It does not have, does not exploit, does not provide, does not manage the content of the experiences, nor does it offer any services on the Platform.
You acknowledge and agree that Comme des Français does not control the validity, veracity or legality of the experiences, Activities and services offered. In its capacity as an intermediary, Comme des Français does not provide any direct Activity, the role of Comme des Français is limited to facilitate access to the Platform.
Members (French friends or Beneficiaries) act under their sole and complete responsibility.
As an intermediary, Comme des Français cannot be held responsible for the actual conduct of an Activity, in particular because of:
(i) erroneous information communicated by the French friend, in his experience, his media content or by any other means, as to the Activity and its modalities;
(ii) the cancellation or alteration of a service by a Member;
(iii)the behaviour of its Members during, before, or after the Activity.
As far as possible, Comme des Français will strive to keep the Platform accessible 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended, without notice, due to technical maintenance, migration, updates or due to failures or constraints related to the operation of the networks.
In addition, Comme des Français reserves the right to modify or interrupt, to its sole discretion, temporarily or permanently, all or part of the access to the Platform or its functionality.
These changes or interruptions made necessary for the maintenance of the site will be subject, to the extent possible and except cause of force majeure, of prior information on the homepage of the site and will not be subject any claim or demand for compensation.
These GTCUS and the integrated documents by reference express the entire agreement between you and Comme des Français on your use of the Services. Any other document, including any mention on the Platform (FAQ, etc.), has only an informative value.
Comme des Français may be required to modify the present General Terms and Conditions of Use and Service in order to adapt to its technological and commercial environment and in order to comply with the regulations in force. Any modification of these GTCUS will be published on the Platform with a mention of the date of update and will be notified to you by Comme des Français before its entry into force.
These GTCUS were written originally in French and subject to French law. In case of differences or contradictions between linguitic versions, only the French version of the GTCUS shall apply.
You may also submit, if applicable, your claims relating to our Platform or our Services, on the dispute resolution platform put on line by the European Commission accessible on the link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The European Commission will send your complaint to the competent national ombudsmen. In accordance with the rules applicable to mediation, you are required, before any request for mediation, to have previously addressed in writing to Comme des Français of any dispute in order to obtain an amicable solution.
In the case of inability to reach an amicable solution, disputes may be brought before the courts of Lille (France).
GTCUS in force on September 25th 2018