GENERAL TERMS OF SALE
NAME SPECIFIC INFORMATION – Information about the company
LIGHTING-UP – A multidisciplinary platform that offers an subscription services to our users to reach videos sessions developed by professionals certified in their disciplines – pilates, yoga, qi gong, feldenkrais, relaxation therapy and other disciplines than correspond to the well-being (” contained LIGHTING-UP “) spread by internet on smartphones, tablets, computers, television sets and other connected devices (” compatible devices with Lighiting-Up « ).
Created in 2017 LIGHTING-UP has several objectives:
Offer to all the access, on-line, to an intelligent physical work to prevent, to maintain and to improve our body from injures the everyday life.
Give a range of sessions of physical maintenance, stretchings, meditations, relaxations and the other practices, for which which aspire to a better quality of life.
Create one thematic program dedicated to the accompaniment of the pathologies in the everyday life, imagined by professionals.
Offer a WEBTV to improve the everyday life through soft and alternative therapies.
NAME SPECIFIC INFORMATION – Conditions of use
Site: the Web site www.lighting-up.com (“Site LIGHTING-UP”) Internet users: all those who have access in a way to the Site LIGHTING-UP, the user or not.
User: all the people, moral and physical, recorded in the Site LIGHTING-UP and who receive account of individual and exclusive access.
My Account: the personal space provided the User by LIGHTING-UP after their registration. This space stores the personal information passed on by the latter during its registration and allows him later to update them.
LIGHTING-UP: the developer of the Site to know the Simplified stock company (company to unique partner) LIGHTING-UP, with its head office in 14 Av Victor Hugo, 13100, Aix-en-Provence, registered in the SIRET under the number 825 403 041 00015, Such: 33 0610493889 and e-mail: firstname.lastname@example.org.
The present General Conditions have for object to govern the modalities of use of the Site www.lighting-up.com and Services.
The www.lighting-up.com Site is exploited by LIGHTING-UP. Right to withdraw According to the article L 121-20 of the Code of the French Consumption, the Subscriber is informed that he has a deadline of 14 true days as from the subscription in the site to exercise his right to withdraw, without penalty and without motive. However, according to the article L 121-20-2, 1 ° of the Code of the French Consumption, the right to withdraw cannot be any more exercised since the Member reached the on-line courses.
The present Site is the property of the company LIGHTING-UP registered in the SIRET under the number 825 403 041 00015 and address and phone number of which are email@example.com.
2. ACCEPTANCE OF THE GENERAL CONDITIONS
The Use of the Site and the Services(Departments) is proposed to the User and in Internet users, subject to its acceptance of the current General Conditions.
Consequently, before any use of the Site and the signing of command(order), the User recognizes to have acquainted with the present General Conditions and expressly declares to accept them in their entirety, without any limitation, since he checks the box ” I acquainted and I accept the General Conditions “.
He(It) is of the responsibility of the User to consult the current update.
2.1 CONTENTS AND PROPOSED SERVICES
The Site has for objective to propose the on-line broadcasting sessions of physical work, of durations and different levels realized by certified teachers.
The videos proposed on the Site are accessible at any time by every user having signed a Subscription subject to technical unavailability independent from the will of LIGHTING-UP.
The duration of the courts is variable between 05 and 45 minutes, the objective being to bring the User to realize correctly the exercises of the practised method, is to get back of a journey, prepare its body to optimize the day, to eliminate the general rigidity in a practice to the everyday life at the house, to the hotel or for him proposed the well-being in the work in the company.
Even if the User has already practised this method, LIGHTING-UP recommends to start the learning by videos targeted to the level “Beginners” or “Any Levels” and to evolve at the rate of its progress according to the levels of proposed courses.
LIGHTING-UP reserves the right to delete, to modify, to add or to update the courts and it in a constant search for the improvement of the quality of videos spread on the Site.
Except the space called TV””LIGHTING-UP whom proposes free of charge and in a participative way information and advice by therapists in alternative and alternative medicines, as well as conferences on the nutrition and the curiosities bound to the well-being generally, the Use of the Services is paying through subscriptions indicated on clause 5 below.
3. WARNING ON THE PHYSICAL ABILITIES OF THE USERS
LIGHTING-UP suggesting its remote Services, is not capable of estimating the physical or mental abilities of the Users and the Internet users using the Services, nor checking the information passed on by these during their registration or by means of the tests of evaluation. LIGHTING-UP recommends strongly to the User and in Internet users to consult his doctor to obtain a Vocational Certificate in the practice of the gymnastics.
The User and Internet users expressly recognize to have been informed about it before the consumption of the Services.
Any information, advice and/or other results claim on no account to establish or to replace a medical opinion.
LIGHTING-UP guarantees on no account a medical or sports result.
LIGHTING-UP relieves of any responsibility in case of accidents, hurts or damage of all kinds which could result from the practice by the Users and by the Internet users of the exercises presented in the sessions video on demand broadcasted on the Site.
The respect for safety instructions is of the exclusive responsibility of the User and of the concerned Internet user.
3.1 SERVICE EXCLUSIVELY BOOKED FOR THE CAPABLE PEOPLE
The Services being bound to the purchase of Paid services, they are exclusively booked for the people legally capable of concluding contracts. They are forbidden in particular the minors under age 18.
3.2 COMMITMENTS OF THE USER
Obligation of confidentiality: the user makes a commitment not to communicate to a third the information obtained within the framework of the use of the Site.
Prohibited behavior: i) any behavior is strictly forbidden, hardly of legal proceedings likely to interrupt, to suspend, to slow down and to prevent the continuity of the Services, ii) any intrusions or the attempts of intrusions in the systems of the Site, iii) any diversions of the resources system of the Site, iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, v) any infringements on security measures, authentification and identification such as the false declarations and vi) any acts likely to carry infringement of rights and financial, commercial and moral interests of the developer of the Site or the Users of the Services.
In case of breach in any of the measures of the present paragraph or more generally, breaches of the laws and regulations of any countries, LIGHTING-UP reserves the right to suspend the Use of the Site and the Services by the User at any time and without advance notice.
4. MODALITIES OF REGISTRATION
The User recognizes that any equipment (computer, software, cables etc.), freshly of connection or others are at his/her expense exclusive.
The User has to arrange skills, equipments and software required for the use of Internet, or where necessary, Internet Services and recognizes that the characteristics and the constraints of Internet do not allow to guarantee the security, the availability and the integrity of data transmissions on the Internet.
To use the Services, the User has to possess an equipment, software and configurations necessary for the smooth running of the site LIGHTING-UP: browser IE6 and +, Firefox 2 and +, Safari 3 and + or equivalent, activation of the functions Java script, reception of cookies of session and acceptance of the display of pop-up windows.
The registration in the Site LIGHTING-UP is free. To join, the User has to complete fields required in the form. The validated registration, the User has then an identifier – login (chosen by the User) and of a password who allow him(her) to reach at any time his(her,its) personal space called ” My Account “. Certain fields have a compulsory character and must be completed to open straight ahead to the Services of LIGHTING-UP. Other fields, with optional character can be completed at any time by the User by reaching the section ” My account ” including all personal data.
To benefit from the access to videos, the User has to subscribe to a paying Subscription. However, the trial subscription will give the access to certain videos determined beforehand by LIGHTING-UP. Any procedure of registration or subscription will be the object of a confirmation by e-mail, at the address given by the User during its registration.
5. PRICE LISTS(RATES) – SUBSCRIPTIONS
LIGHTING-UP informs the User that all the prices(prizes) mentioned on the Site are TTC (inclusive of all taxes). LIGHTING-UP proposes diverse formulae of registrations(inscriptions) or purchase based on a system of subscription.
The subscription to the LIGHTING-UP can be monthly, quarterly or annual. To use the LIGHTING-UP service, you have to have an access to Internet and a compatible device with LIGHTING-UP, and supply us a Method of payment up to date valid and accepted (“Method of payment”). You will find the specific details of your subscription by consulting the site LIGHTING-UP and by clicking the link ” My Account “.
6. TERMS OF PAYMENT
6.1 VALIDATION OF THE SUBSCRIPTION AND THE TERMS OF PAYMENT
Having checked boxes “I tested my material and my connection”and”I acquainted and I accept general terms of sale”, the User by clicking on the button “to VALIDATE” reaches the page “MY ACCOUNT”where he can subscribe to various types of subscriptions. He makes his choice and confirms his request, before the payment, by clicking on the button “to VALIDATE”. The payment of subscription is made online by bank card for the benefit of.
The validation of subscription intervenes after validation of the payment. Uses of the subscriptions for online sessions, you give access to these during 24 hours a day hours.
The confirmation, sent by e-mail to the subscriber during the validation of the subscription, can act as invoice. An invoice can be established on request specific of the subscriber in firstname.lastname@example.org. The icons of bank cards accepted by the system of payment held by LIGHTING-UP appear on all the pages of the site (in footer).
The speed with which the bank account of the User is sold depends on the type of bank card of the customer: in the case of an immediate debit card, the current account is sold under 3 in 10 days according to the bank; in the case of a deferred debit card, the flow appears in the same conditions as those of the usual flows. The Users guarantee that they are completely authorized to use the bank card and that this bank card gives access to sufficient funds to cover all the costs resulting from the subscription in the Subscription. In case of refusal of the bank, the Subscription will automatically be cancelled.
The data recorded by LIGHTING-UP on the Site, just like the exchanged e-mails of confirmation, are worth proof of the set of the transactions crossed between the User and LIGHTING-UP, as well as of their date and their contents.
The data recorded by the system of payment establish the proof of the financial transactions.
6.2 SAFETY(SECURITY) OF PAYMENTS
The site LIGHTING-UP calls on to the system of secure payment by means of the technology of encryption SSL (Secure Sockets Layer) and the 3D Secure system. At the time of the payment, the User is so managed on the site of secure payment of the bank. No banking information relative to the banking personal data of the User is communicated with LIGHTING-UP or passes in transit by the Site. Consequently, LIGHTING-UP is forced to ask for this information for every new Subscription.: Or in the expiration of the deadline of validity of the bank card or for a re-registration after termination of the subscription.
Correspondingly and in the cases aimed at provisions of the article L 121-20 of the Code of the Consumption, the User has a deadline of 14 true days as from the subscription in his Subscription to ask for the refund.
However, the User expressly recognizes to give up the exercise of his right to withdraw since, for the deadline above evoked, he reached the Services proposed on the Site.
The faculty of retraction is applied by email email@example.com.
7. NAME SPECIFIC INFORMATION
The LIGHTING-UP company is responsible for the IT processing realized from the Web site ” www.lighting-up.com “.
According to data protection acts of January 6th, 1978, the User has a right of access and a rectification to the personal data concerning it. The User can also exercise his right of opposition by going on the Site to the section ” My Account “, by email in firstname.lastname@example.org.
The information taken in by LIGHTING-UP on the Site as for the name specific data is confidential. LIGHTING-UP makes a commitment not to communicate the latter with third parties. They are only necessary for the management of the command and for the Services of business connections. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the Services and the commands for their management, execution, treatment and payment. This information and data are also kept for purposes of safety, to respect the legal and statutory obligations and as well as to allow LIGHTING-UP to improve and to personalize the Services and the information sent by letter or email.
LIGHTING-UP does not sell, does not market, does not rent and more generally does not communicate and does not transfer, in third parties, the information concerning the Users. However, LIGHTING-UP can decide to make him(it) in the future. In case of transfer of files or in case of transfer of activity in a third party, LIGHTING-UP makes then a commitment to inform beforehand the User to obtain its consent.
LIGHTING-UP keeps the name specific data of the Users only in fine history, statistical or the management of the complaints.
LIGHTING-UP can also supply strengthened statistics relative to the Users, to the sales, the structures of the exchanges and relative to the information on the Site in trusted third parties, but these statistics will contain no personal datum. LIGHTING-UP declared the file with the CNIL(NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES) (Commission nationale de l’informatique et des libertés). The number of recording is the [ incluir].
LIGHTING-UP can set up a discussion forum on the site.
On no account, the data collected within the framework of this forum can, without preliminary agreement of the user, be communicated or resold in any third party. The User recognizes to be completely responsible for taxes which he publishes on the forum. As a consequence, LIGHTING-UP cannot see its involved responsibility because of the illicit character of the contributions(taxes) of the user.
Any contribution containing verbal attacks, mockeries or vulgarities and more generally striking a blow in any way at the law and order, at the good customs, at the right for the reputation, for the private life, just like third party, as well as those who would be dénigrantes, slanderous, offensive, obscene, violent, racist, xenophobic and more generally opposite in the law in any respect whatsoever, can be deleted by the moderator of the forum, even be the object of a description in the public authorities, according to the article 6-1-7 of the law of June 21st, 2004 for the confidence in the digital economy.
8. RESPONSIBILITY AND GUARANTEED
8.1 FUNCTIONING OF the SITE LIGHTING-UP AND THE SERVICES
To use the Services, the Member has to possess an equipment of the software and the configurations necessary for the smooth running of LIGHTING-UP: browser IE6 or equivalent, activation of the functions Java script, reception of cookies of session and acceptance of the display of windows “pop-ups”.
The use of LIGHTING-UP on a PIMP requires the exclusive use of the Mozilla Firefox browser – LIGHTING-UP does not guarantee an optimal functioning with Safari browsers or OPERA. Watch out, for a complete use of LIGHTING-UP you will have to have software Adobe flash up to date (download on www.adobe.com).
The Member has to arrange skills, equipments and software required for the use of Internet, or where necessary, internet, phone services and by Audiotel and recognizes that the characteristics and the constraints of Internet do not allow to guarantee the safety, the availability and the integrity of data transmissions during their transit on the Internet. LIGHTING-UP does not guarantee that the Services will be usable if the subscriber uses a utility of ” pop-up to killer “; in this case, this function must be deactivated before the use of the Service. LIGHTING-UP does not guarantee that the Services will be usable if the internet access provider of the Member shows itself failing in the fulfillment of its own service. In these conditions, LIGHTING-UP is not responsible for a not functioning, for an impossibility of access, or for attributable bad conditions of use of the site LIGHTING-UP to a not adapted equipment, to internal dysfunctions to the access provider of the Member, to the congestion of the Internet network, and for any other reasons outside LIGHTING-UP having the character of a case of absolute necessity such as defined by the French jurisdictions. The exploitation of the Services can be for a moment interrupted because of maintenance, of updates or of technical improvements, or to develop the contents and/or their presentation. As possible, LIGHTING-UP will inform his(her) Members before an operation of maintenance or update.
LIGHTING-UP can be held responsible on no account for an accident arisen to one of his Members during one of the sessions of exercise. The Member before practicing the recommended exercises makes a commitment to have in its ownership recent medical one medical certificate of not contraindication (less than 3 months) allowing him to practice these exercises.
LIGHTING-UP can see its involved responsibility by a Member only in the hypothesis where the certain and definitive proof would be established in justice of a fault committed by LIGHTING-UP or by one of his persons receiving benefits occurring in the execution of the contractual obligations of LIGHTING-UP, having caused in the Member a damage. Where necessary, he will fall to LIGHTING-UP to demonstrate that she did not commit fault in the execution of her contractual obligations.
LIGHTING-UP will not be responsible for direct or indirect damage undergone by the Member when the behavior of the Member is originally or contributed to the damage which it claims to undergo. For illustrative purposes, LIGHTING-UP will not be responsible for direct and indirect damage undergone by the Member because of the non-fulfillment or for the bad execution of the present conditions of use by the Member. If you are pregnant you necessarily have to have the agreement of your doctor before any practice of gymnastics especially online sessions – you can practice it but by following the advice of your doctor, our professors and you should not make deep twistings, the postures of inversion, any postures on the stomach or the postures or you feel bad. Go out immediately of a posture if you are not well. In case of pregnancy verify with your doctor if you are capable of the soft gymnastics.
8.2.1 LIMITATION OF LIABILITY
Limitation of liability concerning the use of the Services LIGHTING-UP does not guarantee that the Services are usable if the subscribed User uses a utility of “pop-up killer”; in this case, this function will have to be deactivated before the use of Services.
LIGHTING-UP does not guarantee that the Services are usable if the internet access provider of the User shows itself failing in the fulfillment of its own service as well as mentioned in the article Warning of the present Conditions. Besides, the Users of AOL, because of the specificity, among others, of their Internet browser, can meet problems of functioning.
Limitation of liability concerning the use of the Site.
The Site includes hypertext links or other dismissals made towards other sites. As far as LIGHTING-UP cannot check these sites, LIGHTING-UP disclaims all liability as for their contents, products, Services or available element.
LIGHTING-UP is freed from its contractual obligations in case of emergence of an event of force majeure, or any attributable fact in a third, or quite different circumstance having a cause outside and\or independent from the personal fact of LIGHTING-UP, preventing him directly or indirectly from executing normally its contractual obligations.
The cases of absolute necessity will include, in particular, besides the cases recognized by the jurisprudence, any natural disasters, any acts of war, breaches of the peace, epidemics, fires, floods and other disasters, any governmental acts, any strikes whatever shape they are (internal, externs(day pupils), lockout), and any dysfunction of Internet or networks. In the hypothesis where a case of absolute necessity prevents, delays or affects the execution of an obligation, any delay or a defect of execution of its obligations cannot give rise to damages.
LIGHTING-UP could be held responsible on no account for technical problems limiting the access to the Services or to the damage caused in the material(equipment) or in the equipment of the User.
Limitation of liability as for the applicable legislation.
The information supplied by LIGHTING-UP on the Site is in accordance with the current French legislation. The responsibility of LIGHTING-UP could not be committed(hired) in case of failure to respect the legislation of another country from which the Site and the Services are used.
8.3 INTELLECTUAL PROPERTY CONTENTS BROADCASTED BY LIGHTING-UP
The marks(brands) (in particular LIGHTING-UP), logos, graphics, photos, animations, videos and texts contained on the site LIGHTING-UP and in the Service LIGHTING-UP are the intellectual property of LIGHTING-UP or his partners and cannot be reproduced, used or represented without the express authorization of LIGHTING-UP or his partners, at the risk of legal proceedings. The use of these elements of intellectual property by the Member is strictly reserved for a private and personal use in the frame and for a period of the membership to LIGHTING-UP. Any other use by the Member is forbidden without the authorization of LIGHTING-UP. The Member refrains in particular to modify, to copy, to reproduce, to download, to broadcast, to transmit, to exploit commercially and/or to distribute and/or to use in any way the videos of the disciplines, the pages of the site LIGHTING-UP, or the computing codes of elements composing the Services and the site LIGHTING-UP.
8.4 AVAILABILITY OF THE SERVICES AND the SITE
LIGHTING-UP tries hard to make the www.lighting-up.com Site accessible 24 hours a day hours, 7 days a week days. However, LIGHTING-UP cannot be responsible for consequences of technical incidents being able to engender an interruption of the Site as well as the possible loss of data.
Besides, for the smooth running of Services and of the Site, LIGHTING-UP reserves the right to interrupt the access to proceed to operations of maintenance, update, improvements and/or of test. LIGHTING-UP will as possible try hard to realize these operations for the shortest possible durations and except the hours of strong use. The responsibility of LIGHTING-UP can be on no account looked for by this fact.
LIGHTING-UP reserves the right, for the good purposes of the use of the Site and the Services, to place cookies in the computer of the Users. Cookies are small files of information which a Web site can send on the hard disk of a personal computer to facilitate their access to the Site. The servers of the Site and the Services supplied by LIGHTING-UP use temporary cookies. The User can oppose the recording of cookies by configuring his browser according to the information supplied on the site of his browser) (SAFARI, INTERNET EXPLORER and MOZILLA FIREFOX).
The User recognizes expressly that his opposition to the recording of cookies will not allow him(her) to benefit from all the features of the Site and from the Services. LIGHTING-UP does not intervene as Internet service provider. As such, she can guarantee neither the quality of the Internet connection, nor the absence of peculiar interruptions to the network.
The User declares to be informed about the difficulties inherent to the use of internet of the fact in particular of the disturbance of networks, and about very variable debits which can cause failures or incidents in the access to the Site and to the Services.
LIGHTING-UP does not guarantee that the Site will be exempt from anomalies, from errors or from bugs, neither that these can be corrected, nor that the Site will work continuously or breakdowns, nor still that it is compatible with a equipment or a particular configuration other than that expressly validated by LIGHTING-UP.
LIGHTING-UP is responsible on no account for attributable dysfunctions to software of third party that these are either not incorporated into the Site or supplied with this one. On no account, LIGHTING-UP is responsible for every type of predictable or unpredictable damage (including the loss of profit or opportunity) ensuing from the use or from the total or partial impossibility to use the Site.
The User declares to know the characteristics and the limits of the Internet, in particular his technical performances, the times of answer to consult, question or transfer data and risks bound to the communications safety.
For all these situations, the responsibility of LIGHTING-UP can be on no account looked for.
9. TERMINATION AND SUSPENSION
From the page ” Home > customer Space ” when the User clicks on ” Stop my subscription “, he(it) is managed towards the page ” customer Space > Subscription “: the button “MODIFICATION” allows him(her) to cancel its Subscription. Since the User clicks “to VALIDATE”, on the site of secure payment of the bank, his account will be deactivated and he cannot view any more videos. All other Services will remain in him(her) accessible. Its identifier and its password will be unchanged and address and phone number kept during 5 years.
No refund can be made: the termination has to intervene at least two working days before date planned by the next taking.
Besides, LIGHTING-UP reserves the right to suspend at any time without advance notice temporarily or definitively the subscription of a User who i) is not solvent ii) do not respect all or part of the General Conditions if LIGHTING-UP thinks that its actions may engage his(her,its) responsibility or put in danger the smooth running of the Site, or in case of fraud or of obvious dishonesty.
In a concern of safety and Services quality, the User recognizes by LIGHTING-UP the right to deactivate the account of a User remained inactive during more than 12 ( twelve) months. In these hypotheses, the User cannot aspire to damages and/or to compensation of whatever nature.
10. RIGHTS of INDUSTRIAL AND INTELLECTUAL property
The general structure of the Site, as well as the texts, the moving pictures or not, the sounds, the know-how and quite different element composing the other pages of the Site are the exclusive property of LIGHTING-UP. Any representation or total or partial modification of this Site or one or several of the elements were quoted in the previous paragraph, whatever process it is, without the written express authorization of LIGHTING-UP is forbidden and would establish a forgery sanctioned by articles L.335-2 and following ones of the Code of the intellectual property.
Hypertext links set up within the framework of the Site in the direction of other present resources on the Internet network and, in particular, towards his(her) partners, were the object of a prior, express and written authorization. The Users and the visitors of the Site cannot set up a hyperlink in the direction of these Sites without the express authorization and the prerequisite of LIGHTING-UP.
11. COMPLAINTS INFORMATION NOTIFICATIONS
Any complaint, complementary request of information or notification planned on the present General Conditions must be sent by email to the following e-mail address: email@example.com
12. APPLICABLE LAW
These Conditions of use are governed, interpreted and applied according to the French law, the language of interpretation being the French language in case of contesting on the meaning of a term or an arrangement of the present Conditions of use.