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Terms and Conditions

Last updated: July 2021

SECTION 1 - LEGAL NOTICE

This site, accessible at the URL www.daya.dance (the “Site”), is published by the individual company Irma Abdallah, SIRET 88524450900018, located at 35 rue de Tanger 75019 Paris, France.

The Site is hosted by the company OVH, located at 2 rue Kellermann BP 80157, 59053 ROUBAIX CEDEX 1 – France, telephone number: 09.72.10.10.07.

(hereinafter referred to as the “Operator”).

The Director of the publication of the Site is Irma ABDALLAH and Aïda BERRADA.

The Operator can be reached at the following email address hello@daya.dance.

SECTION 2 - GENERAL CLAUSES RELATING TO THESE GENERAL TERMS AND CONDITIONS

The general terms and conditions of sale (the “General Terms and Conditions of Sale”, or the “GTC”) are applicable exclusively to the online sale of services offered by the Operator on the Website.

The GTC are made available to customers on the Website where they can be consulted directly and can also be communicated to them on request by any means.

The GTC are opposable to the customer who acknowledges, by ticking a box provided for this purpose, that he has been made aware of them and that he has accepted them before placing an order. The validation of the order by its confirmation implies acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are assured by the Operator.

The GTC are also systematically sent with any order confirmation sent to the Client by the Operator. Any Client is therefore deemed to have read and accepted without reservation all the provisions of the GTC, which will apply to all services provided by the Operator. The GTC shall prevail over any clauses and conditions to the contrary that may appear in the general conditions of purchase or any other document issued by the Client. Any contrary conditions set by the Client will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. The Operator however reserves the right to derogate from certain clauses of the GTC according to the negotiations carried out with the Customer, by the establishment of particular conditions of sale (in particular by the conclusion of a service contract) which will be approved by the Customer.

SECTION 3 - DESCRIPTION OF SERVICES

The Site is a site for the online sale of services including the booking of dance lessons on behalf of third parties (dance schools, dance teachers, event organizers) (hereinafter the “Service(s)”) open to any natural or legal person using the Site (the “Client”). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the provisions of French law in force.

The Client remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Client’s expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Site.

The Customer acknowledges that he has checked that the computer configuration he uses is secure and in working order.

SECTION 4 - CREATION OF THE CUSTOMER ACCOUNT

In order to place an order on the Site, the Customer must first create his/her personal customer area. Once created, in order to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer’s responsibility not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA herein. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the identifier and password, enabling him to access his customer area, the Customer acknowledging that he is solely responsible for accessing the Service using his identifier and password, unless fraud is proven. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his login and/or password.

After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.

When registering, the Customer undertakes to :

– to provide real, accurate and up-to-date information at the time it is entered in the service’s registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.

– to keep the registration data up to date in order to ensure that it is real, accurate and up-to-date at all times.

The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting impersonation) or harmful information (such as viruses). If this is not the case, the Operator will be able to suspend or terminate the Customer’s access to the Site at its sole discretion.

SECTION 5 - ORDERS

When placing an order, the Customer must select the chosen Services, add them to his basket by indicating the selected Services and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to correct the contents of his basket if necessary, before validating it.

The Customer undertakes to read the General Terms and Conditions in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.

The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the “double-click” technique, i.e. after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery terms and costs) before validating it by clicking on “I validate my delivery”, then he/she acknowledges acceptance of these GTCs before clicking on the “I pay” button, and finally he/she validates his/her order after filling in his/her bank details. The “double click” is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The storage of the communications, the purchase orders and the invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.

A copy of the present General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of the confirmation of his Order so that the latter can refer to it.

The contractual information relating to the order (in particular the number of the order) will be the subject of a confirmation by e-mail in due course and at the latest at the time of the delivery. The Operator strongly advises the Customer to print and/or to file on a reliable and durable support this confirmation of order as proof. A digital invoice is made available to the Customer in the space “my account”. The Operator also advises the Customer to print and/or file on a reliable and durable support this invoice as proof.

Any email that will be sent to the Customer within the framework of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:

  • The Customer would not respect the General Conditions in force at the time of his order ;
  • The Customer’s order history shows that there are outstanding amounts from previous orders;
  • One of the Customer’s previous orders is the subject of a dispute currently being processed;
  • The Customer has not responded to a request for confirmation of his order that the Operator has sent him.

The Operator shall archive the contracts for the sale of Services in accordance with the applicable legislation. By sending a request to hello@daya.dance, the Operator will provide the Customer with a copy of the contract for which the request is made.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order is binding. Thus, the responsibility of the Operator could not in no way be sought in the eventuality where an error at the time of the placing of the order would prevent or delay the delivery/the delivery.

The Customer declares that he/she has full legal capacity to enter into the present General Conditions.

Registration is open to adults and minors, provided that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Customer.

In case of breach by the Customer of one of the provisions of the present, the Operator reserves the right to terminate without notice the account of the aforementioned Customer.

SECTION 6 - PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order made on the Site is an order with an obligation of payment, which requires the payment of a price against the supply of the ordered Service.

The Customer is informed that the provision of the Service cannot be carried out before the perfect collection by the Operator of the sums due by the Customer.

The Operator uses the solution of online payment PayPal

The orders can be paid by using one of the following payment methods:

  • Payment by electronic wallet (eg. Paypal). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order in complete security without communicating his bank details.

In this case, the order validated by the Customer will be considered as effective only when the secure banking payment center will have given its agreement on the transaction.

Within the framework of the procedures of control, the Operator can have to ask the Customer all the documents necessary to the finalization of his order. These documents will not be used for any other purpose.

SECTION 7 - PRICE PAYMENT

The price of the Services in force at the time of the order is indicated in euros including all taxes on the Site. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement for the promotion.

The price is payable in Euros (€) only.

The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

The total amount due by the Customer and its details are indicated on the order confirmation page.

SECTION 8 - RIGHT OF WITHDRAWAL, CANCELLATIONS AND REFUNDS

8.1 Right of withdrawal

The Customer shall have a withdrawal period of fourteen (14) calendar days from the conclusion of the contract.

The right of withdrawal does not apply to the provision of Services whose execution has begun, with the agreement of the Customer, before the expiration of the fourteen-day period.

By accepting the present General Conditions, the Customer expressly acknowledges having been informed of the withdrawal terms and conditions.

8.2 Cancellation of a course reservation

The cancellation of a course reservation must be done by email at the following address: hello@daya.dance

If the Customer cancels his or her Reservation more than twenty-four (24) hours before the start of the course, the Customer will get his or her credit back, which can be used for future Reservations.

If Customer cancels his or her Reservation less than twenty-four (24) hours before the start of the course, Customer will not get his or her credit back.

SECTION 9 - CUSTOMER SERVICE

The Customer can contact the Operator by email to hello@daya.dance indicating his name, telephone number, the subject of his request and the number of the order concerned.

SECTION 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to the intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

SECTION 11 - LIABILITY AND WARRANTY

The Operator declares that he has taken out an insurance policy guaranteeing his professional and contractual liability.

The Operator cannot be held responsible for the non-execution of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to the present.

The Customer recognizes that the characteristics and the constraints of Internet do not allow to guarantee the safety, the availability and the integrity of the transmissions of data on Internet. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the case where the responsibility of the Operator would be sought because of such a behavior of one of its Customers, this last one commits himself guaranteeing the Operator against any condemnation pronounced against him as well as refunding the Operator of the whole of the expenses, in particular the lawyers’ fees, engaged for his defense.

11.1 Disclaimer of liability

The Classes and all other products and services made available through the Site are provided by third parties and not by DAYA. You agree that your use of the Site and your attendance or participation in any Classes and your purchase and/or use of any Classes is at your own risk. We assume no responsibility for, and make no warranties of any kind, express or implied, arising out of, in connection with, or with respect to the Site and/or the Classes.

DAYA provides access to the Studio Classes. DAYA is not otherwise connected with, nor is it an agent of, any third party with whom a user has made a booking. The studio is solely responsible for its interactions with you and all claims, injuries, illnesses, damages, liabilities and costs incurred by you as a result of your interaction with the studio, your visit or your participation in a class should be charged directly to the studio.

DAYA endeavors to ensure that the content posted on the Site, including but not limited to text, data, software, scripts, graphics, photos, comments, location and class descriptions, and other features and materials (the “Content”) are accurate at the time of posting.

To the fullest extent permitted by law, DAYA disclaims all liability arising from any errors, omissions or inaccurate information in such Content and/or reliance on such Content; any terms, representations, conditions or warranties which might otherwise be implied by these Terms are hereby excluded.

11.2. Responsibility for Classes and information about Physical Condition

You understand that DAYA is not a dance school and that the classes that DAYA offers are offered by the studio concerned and not by DAYA. DAYA guarantees to do its utmost to provide quality classes but DAYA is not responsible in the event that you are not satisfied with the class you choose at a dance studio.

You acknowledge that there are certain risks and hazards inherent in the practice of sports and that the classes you may attend or participate in offer various activities and levels of intensity. By using DAYA, you acknowledge and agree that you are aware of these risks which include, but are not limited to, property damage, illness, personal injury or death. You acknowledge that some of these risks cannot be eliminated and you expressly assume the risk of injury or damage.

You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using DAYA and to determine whether and how your participation is appropriate. Do not access the Classes if your physician or other health care professional advises against it. You should stop immediately if you experience weakness, dizziness, pain or difficulty breathing at any time during your dance class.

SECTION 12 - PERSONAL DATA

Each Customer is solely responsible for preserving the confidentiality of his login and password, and is solely responsible for all access to his Customer Account, whether authorized or not.

The Operator cannot be held responsible for any action or damaging fact carried out via the personal space of the Customer by a third party who would have had access to its identifiers and password following a fault or a negligence being ascribable to the Customer. The Customer undertakes to inform the Operator immediately if the Customer knows or suspects any unauthorized use or access to his personal space.

For more information about the use of personal data by the Operator, please read carefully the Privacy Policy (the “Policy”). You can consult this Policy at any time on the Site.

SECTION 13 - CONDITIONS RELATING TO STUDIOS

Persons taking Classes are deemed to agree to the disclaimers and terms and conditions of the individual Studios. Your participation in a Class may be subject to additional policies, rules or conditions of the applicable Dance Studio and you understand and agree that you may not be permitted to book or attend classes or services if you do not comply with these Terms or the Studios’ policies, or as otherwise determined by a Studio. If you have any questions about a Studio’s waivers or other terms and conditions, please visit the applicable Studio’s website or contact the Studio directly. A Studio may request or require that you provide information in order for you to participate in a Course. You understand and agree that DAYA is not responsible for the Studio’s use of such information.

SECTION 14 - DISPUTE RESOLUTION

Generally, if a dispute arises between you and DAYA, our aim is to provide you with a neutral and cost-effective means of resolving it quickly. We strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternative dispute resolution options.

SECTION 15 – HYPERLINKS

The hyperlinks available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third party sites at his own risk or, if applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the conditions of use and/or the content applying to or appearing on these third party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third party sites not published by the Operator.

The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third party site proposing content contrary to the laws and/or good morals.

The Client may not use and/or insert a hypertext link to the site without the prior written agreement of the Operator on a case by case basis.

SECTION 16 – REFERENCES

The Client authorizes the Operator to mention the name of the Client and its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

SECTION 17 - GENERAL RULES AND REGULATIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

CHANGES IN CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.

Moreover, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site. In case of material modifications and in the hypothesis of continuous/ongoing services, the user will be informed by means of an email and a warning on the site before the implementation of the modification.

The Customer acknowledges that the Operator cannot be held responsible in any way to him or to any third party because of these modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print the present General Conditions for a safe and durable conservation, and to be able to invoke them at any time during the execution of the contract if necessary.

CLAIM

In the event of a dispute, you must first contact the company’s customer service at the following address: hello@daya.dance

GOVERNING LAW

These Terms and Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read the present General Conditions.

By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to this day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.