General Conditions of Use as of 01/03/2023 – Translation for information, refer to French CGU.
Any use of the MEETMYCOACH.ORG Platform is subject to prior acknowledgement and express acceptance of these General Conditions of Use.
Your attention is drawn to the fact that acceptance of these General Conditions of Use implies acceptance of the rules of access and use of the MEETMYCOACH.ORG Platform.
1. Legal notices
1.1 Publisher of the MEETMYCOACH.ORG Platform
MEETMYPSY SAS, with capital of 1000 euros, whose registered office is located at 49 rue des carrières 92150 Suresnes and registered in the Nanterre Trade and Companies Register under number 889295602000028 (Hereinafter referred to as “MEETMYCOACH.ORG” or the “Company”)
Publication Director: Stéphanie Lautecaze, President of MEETMYPSY SAS
Editorial manager: Stéphanie Lautecaze, President of MEETMYPSY SAS Telephone: 0631064067
2. Definitions
The terms defined below have the meaning and scope given in their definition within the framework of the conclusion and execution of the General Conditions of Use of the MEETMYCOACH.ORG Platform and the General Conditions of Sale of the Services.
“ CGU ” means these General Conditions of Use of the MEETMYCOACH.ORG Platform and the Services;
” GTC ” means the General Terms and Conditions of Sale of the Services to Beneficiary Users; the GTC include the MEETMYCOACH.ORG GTC and the Coach GTC; As such, the Beneficiary User acknowledges that in the context of an Order, he expressly accepts the GTC applicable to the MEETMYCOACH.ORG Services and the Coach GTC.
“ MEETMYCOACH.ORG T&Cs ” means the General Terms and Conditions of Sale of the MEETMYCOACH.ORG Services; the MEETMYCOACH.ORG T&Cs are concluded between the Beneficiary User and MEETMYCOACH.ORG;
“ Coaches T&Cs ” means the General Terms and Conditions of Sale for Coaches Services; the T&Cs are concluded between the Beneficiary User and the Coaches chosen by the Beneficiary User;
“ Order ” means any commitment to purchase Coach Services and MEETMYCOACH.ORG Services by the Beneficiary User;
“ Personal Account ” means the account created by the User when first connecting to the MEETMYCOACH.ORG Platform and allowing access to their private and secure space for the use of the Services;
“ Content ” means all texts, photographs, videos, illustrations, functionalities and more broadly any element existing within the MEETMYCOACH.ORG Platform published by MEETMYCOACH.ORG and/or by the Coaches;
“ MEETMYCOACH.ORG ” means the company MEETMYCOACH.ORG as provider of the MEETMYCOACH.ORG Platform and the MEETMYCOACH.ORG Services;
“ MEETMYCOACH.ORG Platform ” means the web interface accessible at the address https://meetmycoach.org allowing Users to access the various Services and Content.
“ Coaches ” means the professionals referenced on the MEETMYCOACH.ORG Platform, practicing the profession of coach and who provide Coach Services to Users; the Coach has entered into General Conditions of Service (GCS) with MEETMYCOACH.ORG; each Coach acts under his/her exclusive responsibility in accordance with his/her professional obligations.
“ Data Controller ” within the meaning of the Regulations means the legal or natural person responsible for the processing of personal data; within the framework of the MEETMYCOACH.ORG Platform:
Each Coach is responsible for processing personal data relating to Users processed within the framework of Video-conference sessions from the MEETMYCOACH.ORG Platform; - MEETMYCOACH.ORG is responsible for processing personal data relating to Users outside of data processed within the framework of the Coach Services which fall under the processing responsibility of the Coaches.
“ Regulations ” jointly refers to Law No. 78-17 of 6 January 1978 relating to information technology, files and civil liberties, as amended (known as the “Information Technology and Civil Liberties Law”) and EU Regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data of 27 April 2016 (known as the “GDPR”).
“ Services ” means all Services and Content provided to Users from the MEETMYCOACH.ORG Platform and including the MEETMYCOACH.ORG Services and the Coach Services:
- “ MEETMYCOACH.ORG Services ” means the Services provided by MEETMYCOACH.ORG.
- “ Coach Services ” means the Services provided by Coaches.
“ Third-party financer ” means any health insurer, mutual insurance company, broker, company, public or private body which has taken out a contract with MEETMYCOACH.ORG including, in favor of Users, access to the MEETMYCOACH.ORG Platform and, in favor of Beneficiaries, access to the Services.
” Users ” means any adult natural person benefiting from access to the MEETMYCOACH.ORG Platform supported by a Third Party financier and using the Services after creating a Personal Account, either as a Beneficiary or at their expense in their capacity as Beneficiary User. Users are composed of:
– “ Beneficiary ”: means any User benefiting from the Coach Services and MEETMYCOACH.ORG Services supported by a Third Party financier.
– “ Beneficiary User ” means any User who, if they wish, has the possibility of benefiting from the Coach Services and the MEETMYCOACH.ORG Services at their own expense. The Beneficiary User accepts the Coach T&Cs and the MEETMYCOACH.ORG T&Cs on the MEETMYCOACH.ORG Platform during each Order.
“ Video consultation ” means an exchange organized by video consultation from the MEETMYCOACH.ORG Platform between a User and a Coach. The Video consultation delivered by the Coaches may be supported by a Third Party financier or, failing that, is directly paid for by the Beneficiary Users in execution of the Coaches’ General Terms and Conditions.
3. General provisions
3.1 Contractual documents
Each User subscribes to these T&Cs of the MEETMYCOACH.ORG Platform.
Each Beneficiary User who so wishes may also subscribe to the Coaches T&Cs and MEETMYCOACH.ORG T&Cs on the MEETMYCOACH.ORG Platform to benefit from the Services when they are not supported by a Third Party financier.
Each User consents to the processing of their personal health data respectively by MEETMYCOACH.ORG and by each selected Coach.
Each User acknowledges having read the Privacy Policy.
The T&Cs, the GTCs, the Information and Consent Notice and the Privacy Policy together form the Contractual Documents.
The invalidity of a provision of these T&Cs thus judged by a competent court shall not affect the validity of the other provisions hereof. Any waiver of one of the provisions of the T&Cs shall not constitute a definitive waiver of all of the T&Cs.
3.2 Applicable law
The MEETMYCOACH.ORG Platform has been designed to be used by Users who are French residents. Users acknowledge that any information that is disseminated and/or exchanged on the MEETMYCOACH.ORG Platform may not be consistent or appropriate outside the target population for use of the MEETMYCOACH.ORG Platform.
The T&Cs will be executed and interpreted in accordance with French law.
In the absence of an amicable settlement, any dispute relating to the MEETMYCOACH.ORG Platform or in connection with its use will be submitted to the French courts, regardless of the User’s place of residence.
3.3 Complaints processing – MEETMYCOACH.ORG customer service
Any complaint relating to the Services of the MEETMYCOACH.ORG Platform should be sent to MEETMYPSY Customer Service at the following email address: stephanie@Meetmycoach.org or by post to: MEETMYPSY SAS, 49 rue des carrières 92150 SURESNES.
3.4 Proof agreement – electronic signature
The computerized records kept in the computer systems of MEETMYCOACH.ORG and its subcontractors will be considered as proof of communications and the various transmissions of writings and electronic documents between Users, the MEETMYCOACH.ORG Platform and each Coach.
The User acknowledges and accepts that, after authentication, any expression of will through the use of the functionalities offered within the MEETMYCOACH.ORG Platform, and in particular the acceptance of the T&Cs, the information and consent notice, the MEETMYCOACH.ORG T&Cs and the Coaches T&Cs for the purchase of Services, including the selection of Services, constitutes an electronic signature within the meaning of the provisions of Articles 1366 et seq. of the Civil Code, and manifests his consent by characterizing his proof.
In accordance with the provisions of Articles 1366 et seq. of the Civil Code, the implementation of an electronic signature, based on a reliable identification process guaranteeing its link with the act to which it relates, is considered a valid signature and as proof within the meaning of the aforementioned provisions.
The User may not contest the admissibility, validity or probative force of the aforementioned elements in electronic format or media, on the basis of any legal provision whatsoever that would specify that certain documents must be written or signed to constitute proof. Thus, the elements considered constitute evidence and, if they are produced as means of proof by MEETMYCOACH.ORG in any contentious or other procedure, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
3.5 Entry into force
The T&Cs come into force without reservation with respect to the User on the day of acceptance of the T&Cs and the Information and Consent Notice after having read and validated the content when creating their Personal Account.
The T&Cs remain in force with respect to the User for the entire duration necessary for the User to use the MEETMYCOACH.ORG Platform.
In general, the User acknowledges that the expression of his consent to the T&Cs and to the information and consent notice is materialized by the activation of checkbox(es) associated with a proof agreement defined in these T&Cs.
4. Description of the MEETMYCOACH.ORG Platform and Services
WARNINGS:
(1) THE USER IS WARNED THAT MEETMYCOACH.ORG IS IN NO WAY ABLE TO VALIDATE, CONTROL, VERIFY THE ACCURACY, REALITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION AND DATA ENTERED AND PROVIDED UNDER THE SOLE RESPONSIBILITY, CONTROL AND DIRECTION OF THE USER ON THE OCCASION OF THE PROVISION OR USE OF THE SERVICES FROM THE MEETMYCOACH.ORG PLATFORM.
IN THIS REGARD, IT IS RECOMMENDED TO BE PARTICULARLY CAREFUL AND VIGILANT WHEN ENTERING AND/OR USING INFORMATION SO AS NOT TO PROVIDE AND/OR USE INCOMPLETE, AMBIGUOUS, INACCURATE, MISLEADING OR OBSOLETE INFORMATION.
4.1 The Services offered
The User has access from the MEETMYCOACH.ORG Platform to the MEETMYCOACH.ORG Services and the Coach Services:
In order to obtain further information on the data processing implemented from the MEETMYCOACH.ORG Platform within the framework of the Services offered, the User is invited to consult the Privacy Policy.
4.2 Content accessible from the MEETMYCOACH.ORG Platform
The MEETMYCOACH.ORG Platform contains Content published both by MEETMYCOACH.ORG and by Coaches.
Coaches are authorized to use the MEETMYCOACH.ORG Platform to deliver Services within the framework of General Conditions of Services (GCS) with MEETMYCOACH.ORG and under their exclusive responsibility in accordance with their professional obligations.
In this case, MEETMYCOACH.ORG assumes sole responsibility as a technical intermediary as defined in Article 6 I 2 of the Law on Confidence in the Digital Economy (known as “LCEN”) for Content freely produced by Coaches.
Furthermore, and despite all the care taken in processing the information, taking into account the evolution of scientific knowledge, Users are informed that the information offered to them is neither complete nor exhaustive and may not be immediately and systematically updated.
In general, the User acknowledges that the use he makes of the information and functionalities of the MEETMYCOACH.ORG Platform is done under his sole control, direction and responsibility.
MEETMYCOACH.ORG cannot be held responsible for the interpretation or use of the Services and Content and information disseminated through the MEETMYCOACH.ORG Platform, nor for the consequences.
4.3 Mandatory equipment
The User is informed that access to the Video-conference functionality with a Coach via the MEETMYCOACH.ORG Platform requires having the configurations defined below:
- – For devices running iOS (iPhone or iPad): Safari
- – For others: Chrome or Firefox
The User must also have a webcam.
In addition, and before each scheduled Video Consultation session with a Coach, the User is invited to check their internet access to ensure that it is in good working order and to place themselves in a quiet space guaranteeing the confidentiality of the Video Consultation.
4.6 Video consultation sessions
The User is informed that the organization of a Visio-consultation session is preceded by an appointment with the Coach selected via the MEETMYCOACH.ORG Platform. The appointment time is 12 hours (e.g.: the user who connects at 8 a.m. can make an appointment at 8 p.m. in the evening)
Exceptionally, the Coach may not be available at the time of the booked appointment. The Coach cannot be held liable in this case. In this case, the User has the possibility to schedule another appointment.
The User can also cancel/modify his appointment free of charge 12 hours before the initially scheduled appointment time.
Beyond the 12-hour period, the User no longer has the option of cancelling or modifying his appointment and he acknowledges being informed that he exclusively assumes all the consequences of his non-appearance at the appointment.
Depending on the User’s situation, either the missed Video Consultation will be deducted from the Video Conferences paid for by the Third Party Funder (case of the Beneficiary), or the missed Video Consultation will have to be paid directly by the User (case of the Beneficiary User).
Notifications by SMS or e-mail may be sent to the User, for the purposes of managing appointments made with the Coach via the MEETMYCOACH.ORG Platform (for example, confirmation of the appointment, postponement of the appointment time, reminder of the appointment 1 hour before, etc. ).
Furthermore, the User acknowledges and accepts that each access to a Video-consultation session with a Coach via the MEETMYCOACH.ORG Platform constitutes consumption of the session. Thus, any session started and interrupted by the User is considered consumed.
Finally, if the User connects late to the video consultation session, the delay cannot be made up for in the session which will end at the initially agreed time.
WARNING
Each Coach, referenced on the MEETMYCOACH.ORG Platform, provides Services under his/her exclusive responsibility in accordance with his/her professional obligations.
Thus, the Coach may consider, in application of his professional obligations, that he is not able to deliver his Services to the User. In such a case, the Coach will inform the User and explain the reasons for the impossibility of delivering the Services.
Under no circumstances can the Coach be held liable in this regard, which the User acknowledges and accepts.
4.7 The discussion thread for exchanging between appointments
When posting questions and/or comments, the User undertakes to disseminate content that complies with the legal and regulatory provisions in force.
In particular, the User undertakes not to:
- – disseminate information contrary to public order or morality;
- – disseminate defamatory, abusive, harassing or threatening remarks to anyone, or in violation of the rights of others;
- – advocate crimes against humanity, incite racial hatred or pedophilia;
- – create a false identity or impersonate a third party;
- – divert the purpose of the MEETMYCOACH.ORG Platform to engage in propaganda or proselytism, prospecting or solicitation;
- – publish information of a commercial or advertising nature or constituting propaganda in favour of tobacco, alcohol or any other regulated substance, product or service, in particular medicines, medical devices or healthcare professionals or establishments;
- – disseminate content that infringes the personality rights of third parties;
- – publish information that contravenes data protection legislation
personal, allowing the identification of natural persons without their consent, in particular their surname, postal and/or electronic address, telephone, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users;
- – to transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality in particular of any software, computer or telecommunications tool.
WARNINGS:
THE USER IS INFORMED THAT HE POSTS QUESTIONS AND/OR COMMENTS WITHIN THE MEETMYCOACH.ORG PLATFORM, UNDER HIS SOLE AND ENTIRE RESPONSIBILITY, WHATEVER THEIR NATURE, SUBJECT AND PURPOSE.
MEETMYCOACH.ORG MAY BE REQUIRED TO TAKE MEASURES ON ANY REPORT FROM A USER, NOTIFIED IN ACCORDANCE WITH THE LEGAL FORMS IN FORCE, RELATING TO A COMMENT THAT DOES NOT COMPLY WITH THE PROVISIONS LISTED ABOVE OR WHOSE CONTENT INFRINGES THE RIGHTS OF THIRD PARTIES.
FINALLY, WITH RESPECT TO ALL EXCHANGES, MEETMYCOACH.ORG ASSUMES SOLE RESPONSIBILITY AS A TECHNICAL INTERMEDIARY AS DEFINED IN ARTICLE 6 I 2 OF THE LAW FOR CONFIDENCE IN THE DIGITAL ECONOMY WITH RESPECT TO CONTENT FREELY PRODUCED BY USERS.
IN THIS REGARD, MEETMYCOACH.ORG MAY BE REQUIRED TO SUSPEND ACCESS TO CERTAIN CONTENT AND TO COMMUNICATE, UPON REQUEST BY THE COMPETENT AUTHORITIES, ALL IDENTIFICATION ELEMENTS OF ANY PERSON HAVING CONTRIBUTED TO ANY CONTENT VIA THE MEETMYCOACH.ORG PLATFORM.
4.8 Testimonials
The User who wishes to publish a testimonial on the MEETMYCOACH.ORG Platform, voluntarily fills in the section provided for this purpose.
User testimonials are not published on the MEETMYCOACH.ORG Platform. They are private. Only the MEETMYCOACH.ORG teams will be able to access them. The Coach may also be the recipient of the testimonial if it concerns him directly.
The User’s attention is drawn to the fact that as part of his testimony on the MEETMYCOACH.ORG Platform, he may reveal data concerning him.
The User assesses under his responsibility the opportunity to transmit a testimonial and its content. No compensation is provided in exchange for the publication by the User of a testimonial.
The User who wrote the testimonial is informed and acknowledges that MEETMYCOACH.ORG may contact him/her regarding his/her testimonial.
In particular, when writing the testimonial, the User agrees not to:
- – disseminate information contrary to public order or morality;
- – disseminate defamatory, abusive, harassing, sexist, racist, discriminatory or threatening remarks or statements that violate the rights of others;
- – advocate crimes against humanity, incite racial hatred, violence in all its forms or pedophilia;
- – distribute pornographic images,
- – create a false identity or impersonate a third party;
- – divert the purpose of the MEETMYCOACH.ORG Platform to engage in propaganda or proselytism, prospecting or solicitation;
- – publish information of a commercial or advertising nature or constituting propaganda in favour of tobacco, alcohol or any other regulated substance, product or service, in particular medicines, medical devices or healthcare professionals or establishments;
- – disseminate content that infringes the personality rights of third parties;
- – publish information that contravenes the legislation on the protection of personal data, allowing the identification of natural persons without their consent, in particular their surname, postal and/or electronic address, telephone number, photograph, sound or audiovisual recording, or to collect;
- – to transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality in particular of any software, computer or telecommunications tool.
5. Conditions of access to the MEETMYCOACH.ORG Platform
Access to and use of the MEETMYCOACH.ORG Platform are reserved for Users who are natural persons over 18 years of age, benefiting from access to all or part of the Services and Content supported by a Third Party financier and after acceptance of the T&Cs and the Information-consent Notice.
Users may not use the Services and Content provided within the framework of the MEETMYCOACH.ORG Platform for purposes other than their intended purpose as defined in these T&Cs, and in particular are prohibited from using the MEETMYCOACH.ORG Platform, including the Services and Content, to promote a product, service, healthcare establishment, healthcare professional or pharmacy or generally for any advertising, promotional or professional purpose.
Any other fraudulent use of MEETMYCOACH.ORG rights exposes the User to suspension of access to the MEETMYCOACH.ORG Platform and, where appropriate, to prosecution.
The User acknowledges and accepts that all costs of connection to the Internet network remain his/her exclusive responsibility.
In addition, the User is informed that at all times, he must use the current validated version of the MEETMYCOACH.ORG Platform. Under no circumstances may an old version of the MEETMYCOACH.ORG Platform be used.
The User undertakes not to oppose by any technical means the updating of the MEETMYCOACH.ORG Platform.
5.1 Creation of a Personal Account
Access to session reservations with a coach on the MEETMYCOACH.ORG Platform is subject to the creation of a personal Account by the User.
When creating their Personal Account, the User is invited to provide their identification information (first/last name, email, telephone number). The User is then invited to create a secure password (see article 5.2 below), then to provide additional personal information in order to complete their profile.
Finally, the User is informed and acknowledges that the creation of a personal Account for the use of the Services and access to the Contents of the MEETMYCOACH.ORG Platform implies prior acceptance of these T&Cs, as well as the information and consent notice by means of two separate check boxes.
The User agrees to receive electronic messages and/or SMS to obtain confirmation of his registration and the creation of his Personal Account.
WARNING :
The User undertakes to enter and declare the data that allows his identification under his full responsibilities, controls and directions and undertakes to communicate complete, exact and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age.
In the event that it communicates false, inaccurate, misleading, incomplete or outdated information, MEETMYCOACH.ORG reserves the right to suspend or refuse the User’s access, without notice or compensation, temporarily or permanently, to all or part of the MEETMYCOACH.ORG Platform, its Services and Content. Furthermore, in such cases, MEETMYCOACH.ORG declines all liability arising from the use of the MEETMYCOACH.ORG Platform.
5.2 Connection to the Personal Account
Connection to the Personal Account is based on a reliable and secure User authentication system.
In this respect, when creating his/her Personal Account, the User enters a unique and personal password, allowing access to the MEETMYCOACH.ORG Platform. The password defined by the User must contain at least 8 characters with at least 1 number, 1 capital letter and 1 special character. The User acknowledges that he/she is solely responsible for the use he/she makes of his/her password and identifier.
The identification and authentication of the User by means of the password and login (their email address) when accessing their Personal Account constitutes irrefutable imputability to the User of the operations carried out once connected to their Personal Account by means of this password and login, under the conditions defined in the article “Proof Agreement” of these T&Cs.
In the event of loss or theft of the password and/or login, the User undertakes to inform MEETMYCOACH.ORG without delay, by any written means of his choice:
- – Telephone: 06 31 06 40 67
- – Email : stephanie@Meetmycoach.org
In this respect, the User undertakes to keep his authentication elements secret, it being understood that MEETMYCOACH.ORG cannot be held responsible for any loss or damage occurring in the event of failure to comply with this obligation, any use of the aforementioned elements being made under the full responsibility of the User.
In addition, the User may, at any time, modify his password in the “Modify My Profile” section accessible from his Personal Account, particularly if he suspects use of his password and/or identifier by an unauthorized third party.
WARNING :
The User’s attention is drawn to the fact that his/her Personal Account may contain data relating to his/her health. Given its sensitivity, he/she is warned of the need to ensure that third parties do not access his/her Personal Account.
The User implements under his responsibility all useful and relevant security measures for the needs of protecting access to his Personal Account.
Finally, the User is informed that MEETMYCOACH.ORG has no intention of intervening in the Coach/User relationship covered by the professional secrecy to which the Coaches are bound.
6. Obligations and liability
MEETMYCOACH.ORG is bound by an obligation of means in the context of the provision of the MEETMYCOACH.ORG Platform and the Services as far as it is concerned.
Each Coach is responsible for the advice he or she provides using the Meetmycoach.org Platform, particularly during video conference sessions.
The User acknowledges that MEETMYCOACH.ORG cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the causes (including damage that may be caused by the possible spread of viruses, by computer fraud, due to the constraints and limits of the Internet network or even the loss, deterioration or alteration of files) nor for the resulting consequences:
- of his use of the MEETMYCOACH.ORG Platform and the Services;
- the inability to access the MEETMYCOACH.ORG Platform and the Services, with the exception of direct damages resulting from gross negligence or intentional misconduct.
The User is responsible for the use he makes of the MEETMYCOACH.ORG Platform and the Service(s) he chooses and in particular for the information he benefits from in this context. The User remains fully and personally responsible for the use of the MEETMYCOACH.ORG Platform and the Services under the conditions of common law. He undertakes to validate the adequacy of the MEETMYCOACH.ORG Platform and the Services to his needs. He acknowledges that he alone makes any decision based on the Services, if applicable.
Coaches are exclusively responsible for the Services they provide to Users under the conditions defined by the regulations applicable to their profession.
In general, Users agree to use the MEETMYCOACH.ORG Platform and the Services:
- in compliance with laws, regulations and third-party rights, in particular intellectual and industrial property rights;
- in a loyal manner and in accordance with its purpose. In particular, they are responsible for:
- to meet their security obligations, in accordance with the “Security” article of the T&Cs;
- to use the MEETMYCOACH.ORG Platform and the Services in compliance with the T&Cs, the Coach T&Cs, the T&Cs
MEETMYCOACH.ORG and the legal and regulatory provisions in force;
- not to market all or part of the Services accessible from the MEETMYCOACH.ORG Platform.
In the event of non-compliance with one or more provisions of the T&Cs and/or the Coaches T&Cs and/or the MEETMYCOACH.ORG T&Cs, for the User, access to the MEETMYCOACH.ORG Platform may be, unilaterally, automatically and without notice, temporarily suspended or permanently blocked.
7. Security
Generally speaking, preserving the security of a Personal Account requires Users to:
- – To comply with security instructions and in particular the rules relating to the definition and change of authentication elements;
- – To respect access management, in particular, not to use the authentication elements of another User, nor to seek to know this information;
- – To keep their authentication details strictly confidential and not to disclose them to a third party, whatever their professional qualities and activities;
- – To notify MEETMYCOACH.ORG of any technical malfunction observed and any anomaly discovered, such as intrusions.
In particular, it is the User’s responsibility to take all appropriate measures to protect their own data and materials from contamination by viruses or other forms of attacks that may circulate via the MEETMYCOACH.ORG Platform.
Users acknowledge the existence of risks inherent in the use of telecommunications, including even in the presence of secure access as implemented within the framework of the MEETMYCOACH.ORG Platform, and particularly in terms of:
- – Unreliability of the Internet network;
- – Continuity not guaranteed in access to the MEETMYCOACH.ORG Platform and its Content and Services;
- – Performance not guaranteed, particularly given the spread of viruses;
- – Any other technical constraints which are not under the control and responsibility of MEETMYCOACH.ORG.
Under no circumstances can MEETMYCOACH.ORG be held responsible for these risks and the harmful consequences, whatever their extent, for the User.
8. Intellectual property
8.1 MEETMYCOACH.ORG Platform, Services and Content
MEETMYCOACH.ORG holds the intellectual property rights to the Content and Services of the MEETMYCOACH.ORG Platform, with the exception of the information and content provided by the Coaches and subject to the rights assigned by the latter.
The use of the MEETMYCOACH.ORG Platform does not in any way confer on the User any ownership rights over the MEETMYCOACH.ORG Platform, its Services and Content.
All Services and Content of the MEETMYCOACH.ORG Platform, including but not limited to the domain name, brands, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, navigation plan, design and organization of its sections, their titles, existing or future, are protected by intellectual property rights, held or claimed by MEETMYCOACH.ORG, with the authorization of the holders of these rights, where applicable.
Any use, reproduction, copy, distribution of all or part of the Services and Content of the MEETMYCOACH.ORG Platform by the User for any use other than private or other than the use of the MEETMYCOACH.ORG Platform is prohibited. This right of use is non-transferable and non-exclusive.
Unless expressly authorized in advance by MEETMYCOACH.ORG, the User is prohibited from any reproduction, representation and use other than those referred to above and in particular:
- Any adaptation, reproduction, representation, making available to the public at their request or not, distribution, rebroadcast in any form whatsoever, partially or totally, in a derivative manner or otherwise, networking, public communication, free of charge or for a fee, of all or part of the works, services, and all elements protected or likely to be protected by intellectual property law reproduced within the MEETMYCOACH.ORG Platform;
- Any link, access, modification, addition, deletion relating to the MEETMYCOACH.ORG Platform.
Any form of use of the Services and Content of the MEETMYCOACH.ORG Platform in violation of the rights of MEETMYCOACH.ORG would constitute an infringement punishable by the Intellectual Property Code, likely to expose the perpetrators of these actions to civil and criminal legal proceedings.
The following are also prohibited:
- Any commercial use in whole or in part of the MEETMYCOACH.ORG Platform;
- Any use for collective purposes of a nature or likely to create an illegitimate obstacle to the operation of the MEETMYCOACH.ORG Platform.
MEETMYCOACH.ORG reserves the right to take all measures it deems appropriate to prevent or put an end to the infringement of its intellectual property rights or the intellectual property rights of third parties, without any liability being attributed to it as a result of these measures.
In addition to its exclusive intellectual property rights over the structure of the databases implemented in the context of the use of the product, as defined above, due to the substantial financial, material and human investments made by MEETMYCOACH.ORG in the design, development, hosting and implementation of the MEETMYCOACH.ORG Platform, the User acknowledges that MEETMYCOACH.ORG has the status of “producer” of all databases produced in the context of the MEETMYCOACH.ORG Platform, within the meaning of the provisions of Article L. 341-1 of the Intellectual Property Code, and thus has all property rights over the databases thus constituted, exclusively and for the entire legal duration of protection of the databases as defined by the Intellectual Property Code.
The rights of MEETMYCOACH.ORG over the databases produced within the framework of the use of the MEETMYCOACH.ORG Platform in execution of these General Conditions of Use are understood to be subject to compliance with the Regulations relating to the protection of personal data.
9. Protection of personal data
In accordance with the Regulations, personal data concerning the User (including data relating to civil status, personal life, and data relating to his health within the meaning of the Regulations) and concerning the Coach (including data relating to civil status, professional life) are collected and processed within the framework of access to and use of the MEETMYCOACH.ORG Platform.
9.1 Personal data relating to Users
Information concerning the processing of the User’s personal data is provided in the Information and Consent Notice expressly accepted by the User when creating his/her Personal Account, and in the Privacy Policy which the User acknowledges having read.
9.2 Personal data relating to Coaches
Information regarding the processing of the Coach’s personal data is provided in the general terms and conditions of service (GTS) that the Coach accepted when creating their Personal Account on the MEETMYCOACH.ORG Platform. The GTS are available in their professional space.
10. Hyperlinks
10.1 From the MEETMYCOACH.ORG Platform
MEETMYCOACH.ORG does not verify or select the contents and sites that may be linked to the MEETMYCOACH.ORG Platform and is in no way responsible for the content of the sites to which links are made, including the sites of partners which are published under their full, exclusive and respective responsibility for what concerns them.
Their presence does not in any way mean that MEETMYCOACH.ORG selects, qualifies, certifies, adheres to or validates their content or accepts any responsibility for the content or use of these third-party sites, including those of partners.
Each User accesses third-party sites under his/her sole and entire responsibility, including when links have been proposed from the MEETMYCOACH.ORG Platform.
10.2 Towards the MEETMYCOACH.ORG Platform
Any implementation of a link to the MEETMYCOACH.ORG Platform requires the express prior authorization of MEETMYCOACH.ORG which can be requested at the following email address: stephanie@Meetmycoach.org
11. Force Majeure
MEETMYCOACH.ORG shall not be held liable in the event of inaccessibility of the MEETMYCOACH.ORG Platform, its Services and its Content caused by events beyond its control which could not reasonably have been foreseen and the effects of which cannot be avoided by appropriate measures, and preventing the performance of its obligations within the meaning of the legal definition contained in Article 1218 of the Civil Code (“Force Majeure”).
The execution of the T&Cs will be suspended for as long as the Force Majeure Event lasts and MEETMYCOACH.ORG will endeavour, as far as possible, to end the Force Majeure Event or to find a solution enabling it to perform its contractual obligations despite the Force Majeure Event.
If the impediment is permanent, the User’s access to the MEETMYCOACH.ORG Platform will be closed.
12. Modification of the T&Cs and developments of the MEETMYCOACH.ORG Platform
MEETMYCOACH.ORG reserves the right to modify at any time the T&Cs or the rules concerning the use of the MEETMYCOACH.ORG Platform, its Services and Content.
MEETMYCOACH.ORG also reserves the right to develop the MEETMYCOACH.ORG Platform, the Services and the Content. When using the MEETMYCOACH.ORG Platform, the User uses the updated version of the MEETMYCOACH.ORG Platform.
The User will be informed of the posting online of each new version of the T&Cs and the MEETMYCOACH.ORG Platform and may be invited to accept them again by checking the corresponding boxes.
In any event, continuing to use the MEETMYCOACH.ORG Platform after any modification of the T&Cs entails acceptance of the modifications to the T&Cs.
Finally, MEETMYCOACH.ORG reserves the right to temporarily or permanently suspend access to the MEETMYCOACH.ORG Platform, without delay or compensation of any kind whatsoever.
13. Termination of the T&Cs
13.1 Termination at the initiative of MEETMYCOACH.ORG
MEETMYCOACH.ORG reserves the right, unilaterally and without notice, formal notice or compensation of any kind whatsoever, to terminate all or part of the User’s access to the MEETMYCOACH.ORG Platform, its Services and Content, in particular in the event of abusive, unfair, fanciful or fraudulent use of the Services and Content of the MEETMYCOACH.ORG Platform or non-compliance with the rights of MEETMYCOACH.ORG and/or any obligation of the User defined in the T&Cs and/or the MEETMYCOACH.ORG T&Cs and/or the Coach T&Cs or in the event of behavior that does not comply with the laws in force with regard to the Coach, such as, in particular, insulting, violent, racist behavior, inciting racial hatred or violence.
In the event of permanent impediment in accordance with the “Force Majeure” article of the T&Cs, all access to the MEETMYCOACH.ORG Platform will be closed.
13.2 Termination at the initiative of the User
At any time, the User has the possibility to close his Personal Account by sending a request to the following email address: stephanie@Meetmycoach.org
The User is informed that the closure of his Personal Account will not result in the automatic deletion of personal data concerning him. This data will be kept under the conditions defined in the privacy policy accepted by the User.
Following this action, the User will no longer be able to access the Platform, Services and Content.
13.3 Termination at the initiative of the Coach
The Coach assumes exclusive responsibility for the Users with whom he is in contact and/or whom he follows within the framework of the MEETMYCOACH.ORG Platform, in the event of closure of his access to the MEETMYCOACH.ORG Platform. An automatic notification will be sent to this effect to each User concerned.
14. Cession
MEETMYCOACH.ORG may assign the T&Cs at any time to a subsidiary or successor, regardless of the transaction.
The User is not authorized to transfer the rights he has under the T&Cs to a third party without the express prior authorization of MEETMYCOACH.ORG.