Preamble

TEED UP is an online platform and mobile application published by TEED UP SAS, registered in the MARSEILLE Trade and Companies Register under number 899 646 186.

Our contact details are as follows:

– Registered office address: 19 Rue André Allar 13015 MARSEILLE

– Share capital: 1,110 euros

– RCS number: 899 646 186

– Intracommunity VAT number: FR94899646186

– E-mail address: contact@teedup-app.com

The purpose of the TEED UP platform is to put non-professional users (the « Teeders ») in contact with each other, previously registered on the Platform, and sports professionals (« Premium Coach ») based on geolocation, also registered on the TEED UP Platform in order to enable the Teeders to request a booking for a sports coaching session at the amount proposed by the Premium Coaches.

These General Terms and Conditions of Use (the « GTCU ») define the conditions under which the Platform provides Users with the technological tools enabling them to register, via the Platform, which is not the seller of the Services offered for sale on TEED UP by the Premium Coaches.

They supplement the General Terms and Conditions of Sale governing sales made between Teeders and Premium Coaches via TEED UP, and must be accepted by the user in order to use the Platform’s services, by means of validation when registering with TEED UP and on the occasion of each reservation made via the Platform.

Definition

– « Premium Coach » means a sports coach who carries out his or her coaching activity via the application by paying a monthly, half-yearly or annual subscription.

– User » refers to people who have created a profile on TEED UP (Premium Coaches or Teeders).

– Teeders » refers to consumers who use the Platform free of charge in order to be put in contact with Users.

– Premium Teeders » refers to consumers using the Platform who have paid for a Premium subscription entitling them to various benefits.

– Platform » refers to the solution published by TEED UP enabling Coaches and Customers to be put in contact with each other.

ARTICLE 1 – SCOPE OF APPLICATION

These Terms of Use apply, without restriction or reservation, to the use of the services and technological tools made available to Users by TEED UP.

These General Terms and Conditions of Use apply in addition to the General Terms and Conditions of Sale.

The User hereby declares that he/she has read and expressly and unreservedly accepts these Terms of Use in force on the date of registration.

These tools enable Teeders to register on TEED UP, to be put in contact and communicate with Premium Coaches, and to book sports sessions.

These tools enable Premium Coaches to register on TEED UP, to be put in contact and communicate with Teeders, to reference and describe the sports sessions offered, and to accept and record registrations for their sessions.

Sales are made on a tripartite basis between the Teeders, the Premium Coach and TEED UP.

These GCU are accessible at all times on TEED UP and will prevail, if necessary, over any other version or any other contradictory document.

As these GTU may be subject to subsequent amendment, the version applicable to the purchase of Teeders is that in force on the mobile application on the date the order is placed.

Modifications to these GCU are enforceable against TEED UP users from the date they are posted online and cannot be applied to transactions concluded previously.

ARTICLE 2 – REGISTRATION FOR SERVICES OFFERED BY TEED UP

Use of TEED UP implies full acceptance of these Terms and Conditions of Use.

To use TEED UP’s services, the User (Premium Coach or Teeders) must accept these T&Cs and register by creating a unique profile.

ELIGIBILITY

To use the services offered by TEED UP, the User must be at least 16 years of age.

Minors may use the Platform subject to obtaining prior authorization from the person with parental authority. TEED UP reserves the right to request written proof of age at any time, to carry out any and all checks, and to delete the user account if proof of age is not provided. TEED UP will delete the account of any minor member in the event of receipt of a request to close the account from the person holding parental authority.

REGISTRATION RULES

The User must complete an account creation form. The information required is as follows:

– Last name

– First name

– Gender

– Address

– Sport preference

– Equipment available

– Description

– E-mail address

– Phone number

Users can also log in with their Google or Facebook account. iOS users can log in with Apple.

When creating an account (unique profile), the User must comply with the following rules:

– The User undertakes to provide accurate and truthful information for the purposes of implementing the services offered.

– Registration must be personal.

– The User may not create more than one TEED UP account. The User undertakes not to create a false identity likely to mislead or to impersonate any other natural person.

In the event of the provision of inaccurate or misleading information, or in the event of identity theft, or in the event of non-compliance by the User with these GTC, TEED UP reserves the right to interrupt access temporarily or permanently, suspending or terminating these GTC without notice or compensation.

TEED UP cannot be held responsible for the accuracy or inaccuracy of the information provided by the User.

In the event of a change, the User undertakes to update the information provided at the time of registration without delay.

TEED UP does not have the technical means to verify the identity of each User at the time of registration. TEED UP shall not be liable for any impersonation of a user.

Any user suspecting identity theft should immediately notify TEED UP at the following e-mail address: contact@teedup-app.com.

Access to the user account is protected by a username and password chosen by the user at the time of registration.

The User undertakes to keep these codes confidential and not to divulge them to any person whatsoever. The User is solely responsible for the use of his/her codes and access to TEED UP, unless proof of fraudulent use can be provided.

Any fraudulent use of these codes of which the User becomes aware must be notified to TEED UP immediately in writing. The User is responsible for all activities related to its account, whether or not authorized by the User.

Teeders have the right to report profiles that infringe the rules set out herein in the various additional GTC and GCU documents. This report must be accompanied by proof or screenshots so that we can take the necessary steps to delete the reported account.

Teeders also have the right and the possibility to block people of their choice without having to give any justification.

REGISTRATION PROCEDURE

The User may register :

1. via the registration form available on the TEED UP Platform;
2. via the Application: to register, the User must provide the information requested on the registration form, such as first name, last name and date of birth, in a complete and correct manner. Registration is only possible under the user’s real name. The use of imaginary names or pseudonyms is not permitted;
3. via TEED UP’s import of registration details provided by the user on the Facebook or Google social networks: registration via Facebook Connect or Google Sign-In requires confirmation by the user of the selected details, previously provided by the user on Facebook or Google, that these details will be imported into the TEED UP network. The user can then add to or reduce the details in his or her profile on the Platform.

TEEDERS – FREE MEMBERSHIP

Access to TEEDUP services requires a single, free registration.

Free membership gives users access to all TEED UP features, but with the insertion of visual advertisements, and with restricted benefits compared to the paid version.

TEEDERS – PREMIUM MEMBERSHIP

TEED UP Premium is a service offered and operated by TEED UP, which enables users to subscribe to a service with or without a commitment, and to have no advertising on the platform. The Premium service also provides access to promotional codes from commercial partners after the completion of a number of sporting events between 0 and 10, as determined by TEEDUP.

Membership conditions are described in the document entitled « PREMIUM Account Special Conditions ».

ARTICLE 3 – OBLIGATIONS OF PREMIUM COACHES

Contracts for the sale of Services offered by the Premium Coach on TEED UP are concluded on a tripartite basis between the Premium Coach, the Teeders and Teed Up.

Premium Coaches undertake to use their best endeavors to fulfill their obligations by delivering a quality service to Teeders.

Premium Coaches, who are required to identify themselves as such to Teeders on TEED UP, undertake to comply with the legislation applicable to the exercise of a professional activity (in particular registration, accounting, social and tax obligations) as well as the laws and regulations applicable to the services sold through TEED UP.

Premium Coaches are solely responsible for acceptance of the Services they offer on TEED UP, as well as their content and quality.

Premium Coaches undertake to draw up, in good faith, precise and accurate descriptions of the Services offered, in particular as regards their essential characteristics, so as not to mislead Teeders.

They guarantee the accuracy of the information contained in the descriptions of the Services posted on TEED UP.

In particular, visuals must comply with the Services offered for sale and respect the rights of third parties, and Premium Coaches warrant to TEED UP that they have all necessary rights to use these descriptive elements.

In particular, Premium Coaches shall refrain from using visuals or other descriptive elements, or from making statements or other messages that are abusive, contrary to public order or morality, that infringe the personal rights or intellectual property rights of third parties, or that violate laws and regulations or the brand image of TEED UP, which may then temporarily or permanently interrupt access to its services by suspending or terminating them under the conditions set out in Article 6 « Termination of access to services ».

Premium Coaches undertake to ensure the availability of the Services they offer for sale via TEED UP and to immediately remove any Services that are no longer available. If the Premium Coach cancels a customer’s booking for personal reasons, he/she will be liable for the costs of the TeedUp-independent payment platform, which may amount to 3.5% of the total amount of the Service.

The selling price of Services is freely defined by Premium Coaches, in compliance with applicable laws and regulations.

This price must be quoted on TEED UP inclusive of all taxes and charges (including VAT).

The Premium Coach must indicate whether he/she is approved as a Service à la Personne (SAP), which may entitle Teeders to a tax credit.

TEED UP undertakes to provide Premium Coaches with proof of services rendered so that they can justify their activities to the tax authorities.

ARTICLE 4 – DISPUTES RELATING TO SERVICES

Teeders may, at any time, contact the Premium Coaches and send them any complaints concerning the Services provided, using the messaging tool made available for this purpose by TEED UP.

As the content, organization and methods of performance of the Service depend solely on the Premium Coach, who is a free service provider, the latter is personally responsible for any complaints made by Customers.

Premium Coaches must give priority to the amicable resolution of disputes.

In accordance with current regulations, the Platform offers Teeders a mediation service for consumer disputes relating to transactions.

Mediation costs are borne by the Seller.

ARTICLE 6 – TERMINATION OF ACCESS TO TEED UP SERVICES

Premium Coaches may cease to access the Platform’s services, without having to justify any particular reason, provided that they give fifteen (15) working days’ notice and honor any outstanding orders.

In the event of a breach of any of the Premium Coach’s obligations under these GCU, the Platform may, after sending formal notice by any means which has remained ineffective for a period of seven (7) working days, definitively cut off the Premium Coach’s access to its services, by e-mail or by registered letter with acknowledgement of receipt, without the Premium Coach being entitled to claim any compensation whatsoever.

In the event of a serious and/or repeated breach by the Premium Coach of its obligations or affecting its accounts, such as fraud, abusive language, counterfeiting, infringement of third-party rights, failure to comply with the rules of the art and professional practices, etc., TEED UP may deprive the Coach of all access to its services, without the Premium Coach being entitled to claim any compensation whatsoever.

ARTICLE 7- EVALUATION AND ADVICE

At the end of the Coaching Service, the Teeders can evaluate it. In the same way, they can rate any sporting encounter between Teeders.

The Teeders can assign a star rating (between 1 and 5), and also publish their opinion of the service. Teeders are obliged to keep their comments in moderation, and acknowledge that they are liable for any damage caused by their comments.

Comments and ratings will be posted on the profiles of Premium Coaches, Teeders and Premium Teeders.

TEED UP reserves the right to delete any comments that are abusive or contrary to the general terms and conditions.

The Teeders are hereby informed that the comments published will be kept until the end of the contractual relationship between TEEDUP and the Premium Coach, unless the comment corresponds to the above hypothesis, or unless the Teeders expressly request its removal.

ARTICLE 8 – BUSINESS PARTNERS

Teeders will have the chance to win promotional codes and offers from TEEDUP’s various business partners. These partners will be listed on the application’s homepage and on the map.

Teeders will need to create a sufficient number of sports fixtures to unlock a promotional code from the list of partners, which will be valid directly in store or on their online site. These conditions depend exclusively on the contract signed between TEEDUP and the retail partner.

Teeders can only use one promotional code at a time. In order to unlock another code, the user must create another series of sports fixtures.

TEEDUP reserves the right to determine and vary the number of sporting events to be created in order to unlock partner discounts.

This number will be more advantageous for Premium Teeders than for Teeders whose membership is free.

ARTICLE 9 – PROTECTION OF PERSONAL DATA

Pursuant to Act 78-17 of January 6, 1978, as amended by Act no. 2018-493 of June 20, 2018, Users are reminded that the personal data requested from them by the Platform is necessary both to guarantee them access to TEED UP’s services and to place and process orders.

Teeders’ data is communicated to Premium Coaches to enable them to carry out the contract. Under no circumstances may it be used for any other purpose.

Each Premium Coach only has access to the personal data provided by the Teeders when the order is placed.

The Platform and the Premium Coaches undertake to ensure the security of the personal data they store for the purposes of fulfilling and tracking orders.

The processing of information communicated via TEED UP complies with legal requirements concerning the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, the User has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.

This right may be exercised under the terms and conditions defined on TEED UP.

ARTICLE 10 – INTELLECTUAL PROPERTY

The mobile application and each of its components, including but not limited to text, images, videos, photographs, trademarks, logos, company names and domain names, are the exclusive property of TEED UP or its partners.

These elements are protected by intellectual property and other laws, in particular copyright.

Any reproduction or representation, in whole or in part, of the Site or of any of its component parts, without the authorization of the Company, is prohibited and constitutes an infringement punishable under the French Intellectual Property Code.

The content offered by the Coach on TEED UP is the property of the Premium Coach and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Any User who publishes Content on the mobile application retains full ownership of everything he or she publishes.

By communicating Content via the Platform, the User expressly authorizes TEED UP to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of the Content on the Site, social networks, blogs operated by the latter and/or on any other media (in particular physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of operating, improving, promoting, marketing and advertising the Services and the mobile application or for the purposes of setting up partnerships. This authorization is valid worldwide and for the duration of the User’s registration.

The User acknowledges that any use of its published Content made by TEED UP prior to its deregistration, deletion or termination of its account may not be challenged.

ARTICLE 11 – LIABILITY

TEED UP is not responsible for the services provided between Teeders and Premium Coaches, which are the responsibility of the Premium Coaches. Any dispute relating to the service must be settled directly between the Teeders and the Premium Coach.

TEED UP may only be held liable to the User for events for which it is directly responsible and which cause the User direct loss, to the exclusion of any indirect loss.

TEED UP shall not be liable for any misuse of the Platform services by the User. Nor shall TEED UP be held liable for events attributable to a third party.

In accordance with current regulations, the Platform may not be held liable for any content made available on TEED UP, in particular with regard to the description of Services, unless it does not promptly render such content inaccessible after having been informed of its illegality.

The User is solely responsible for his or her use of the Platform’s services, and in particular for any assessments he or she may make of TEED UP, and undertakes to indemnify and hold harmless the Platform, at its first request, against any damage, loss or loss of profit it may suffer if it is held liable by a third party as a result of an action arising from the Customer’s use of the Platform’s services.

The User is solely responsible for his/her use of the services, and for any relationships that may be formed.

The User undertakes to make strictly personal use of the Platform’s services. Users are prohibited from assigning, licensing or transferring all or part of their rights or obligations hereunder to third parties.

It is important to remember that TEEDUP is only a distribution channel for promotional codes for commercial partners. These codes cannot be used directly on TEEDUP. They will be valid exclusively on the partner’s online site or in the partner’s store.

No financial transactions between Teeders and commercial partners will take place via TEEDUP.

It is the Teeders’ responsibility to respect the TEEDUP brand image and to represent its values and ethics when dealing with commercial partners.

TEEDUP reserves the right to delete the accounts of Teeders who violate the moral and ethical rules of commercial partners, whether online or in-store.

Article 11 – INDEPENDENCE

Premium Coaches and TEED UP certify that they remain totally independent partners and professionals.

Article 12 – NEWSLETTER

The Teeders are informed that they will receive the TEED UP newsletter and commercial offers. The Teeders may stop receiving these offers at any time by unsubscribing at the end of each mailing.

Article 13 – PARTIAL NULLITY

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 14 – APPLICABLE LAW

The present General Terms and Conditions of Use and the operations arising therefrom are governed by French law.

They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

Article 15 – DISPUTES

Any dispute relating to the interpretation and/or execution of these GCU shall be subject to French jurisdiction.

Claims should be sent to the following e-mail address: contact@teedup app.com

Please note that any dispute or claim concerning the service must be settled directly between the Teeders and the Premium Coach.