Version dated October 15, 2019
WE INVITE YOU TO READ CAREFULLY THE GENERAL CONDITIONS.
The service that is accessible at the URL www.video.tahia-ori-tahiti.com is offered by the company Tahia Ori Tahiti (hereinafter, the "WEBSITE" or the "SERVICE" or "PUBLISHER ").
These General Terms and Conditions of Sales (hereinafter, the "Conditions of Use" or the "GTC" or the "Contract") define the contractual conditions under which users can access and use the SERVICE.
For any questions regarding this document and our services, please contact us via the following email address: firstname.lastname@example.org
ARTICLE 1. ACCEPTANCE OF THE TERMS AND CONDITIONS AND UPDATES
By ticking online the box "I have read and accept the Conditions of Use for the Ori Tahia service", you (as a user) confirm to accept without reserve the Conditions of Use. If you disagree with any of these terms, you can decide not to use or stop using our services (in case of modification of the terms of the GTC).
This document is a contract concluded between the user of the SERVICE (the "User") and the PUBLISHER (the "Party" or the "Parties"). The GTC constitute the entire agreement between the Parties. Only the French version of the Contract is authentic.
The GTC are easily accessible at any time via the different pages of the WEBSITE.
They can be changed; however, no cutback regarding your rights will be made without your consent.
Also, we will publish the new versions of the GTC on our WEBSITE and we will notify you via email allowing you the possibility to consult them or via a pop-up window that will appear when you connect to the SERVICE.
ARTICLE 2. SERVICES OFFERED VIA THE SITE www.video.tahia-ori-tahiti.com
The PUBLISHER offers access, through the WEBSITE, to Tahitian dance lessons as well as personalized follow-up sessions (or "coaching"), via several equipments (computer, laptop and smartphone).
Our SERVICE is for women and men already practicing Tahitian dance or beginners, provided that they have facilities to remotely learn how to dance.
Finally, the SERVICE is accessible by subscription whose terms and cost differ according to the choices and the user's country of origin.
The WEBSITE offers the User who makes a subscription:
-> Access to videos and online information related to learning Tahitian dance.
These videos are available in several languages with subtitles. Likewise, each video will be accessible for a fixed period indicated on pages of the WEBSITE.
-> Getting in touch with the dance teacher
Users have the possibility to interact with the dance teacher by sending her videos and questions, via the SERVICE internal messaging tools. The dance teacher will respond as soon as possible, once a month, to questions and requests from Users. The Users be notified once the response from the dance teacher arrives in theirs personal accounts.
-> The provision of personal accounts
Users have the possibility to create a personal profile, then to manage their subscriptions, courses and exchanges with the dance teacher via this interface.
3. SERVICE REGISTRATION
3.1 Registration conditions
Your registration to the SERVICE is required to access the videos and advice from the dance teacher.
Registration to the SERVICE and its usage is reserved for any individuals capable of signing a contract in accordance with the French law.
3.2 User Profile Creation
During your registration and throughout the duration of use of the SERVICE, you guarantee that the information you provide is accurate and truthful. In case any changes occur to the information communicated during your registration to the SERVICE, you agree to proceed without delay to said modifications on your personal account.
When the conditions necessary for registration are met, you will be assigned with a personal user identification (login) and a password. The user identification and password are strictly personal and confidential and they must in no case be communicated or shared with third parties. Each User agrees to create only one personal account corresponding to his/her profile.
We reserve the right to terminate the account of any User who disseminates or uses these elements in a manner contrary to their intended purpose. If your registration was stopped due to a violation of the GTC, you will no longer be authorized to use the SERVICE.
ARTICLE 4. FINANCIAL CONDITIONS
Payment: there is a charge for the subscription to use the SERVICE. The User must pay a subscription whose duration, price and details are described on the pages of the WEBSITE. The PUBLISHER offers several subscription categories depending on the number of dance sessions required by the User and their country of origin. You decide the subscription of your choice. You can, in certain cases, benefit from a promotional code that can only be used when you subscribe for the first time to the SERVICE.
Tacit renewal: your subscription is automatically renewed after the initial period for successive durations of one (1) month or one (1) quarter, depending on the subscription you choose. The amount of the subscription will be automatically debited from your bank account. You can refuse the tacit renewal, by sending a message via your personal account within a certain period before the due date. This delay is mentioned in an email informing your about the renewal of the subscriptions which is sent to each user (reminder email).
Suspension: you can suspend your subscription at any time, the renewal date being automatically postponed.
However, your personal account will be deleted if you do not use the SERVICE for six (6) months starting with the date of suspension.
Cancellation: the subscriptions cannot be cancelled and no refund is given.
Withdrawal period: the law offers the consumer the possibility to withdraw within a maximum period of fourteen (14) days from the date of the order of a service or of the delivery of the goods.
However, it should be noted that the withdrawal period does not apply in the case of "digital content supply that is not provided on a tangible medium, the execution of which has started after the express prior agreement of the consumer and the express renunciation to his/her right of withdrawal ". Thus, as the SERVICE offered via our WEBSITE consists of the provision of digital content, you expressly renounce to use your right of withdrawal by accepting the Conditions of Use.
4.2 Payment terms and conditions
The subscription price is payable in euros. The amount of the subscription will, case by case, be increased by the applicable VAT in accordance with the current legislation.
The payment of the subscription by the User is made directly online via a secure interface edited by the PUBLISHER’s partner payment institution. Full subscription payment is required upon registration. No payment delay can be granted.
Once you have completed the various stages of the online order, validated and paid for your subscription, we will send you a confirmation email for the order including a PDF copy of the GTC.
Our invoices, published with each order, are accessible via your personal account. If you regularly renew your subscription, please note that we provide access to invoices for the last twelve (12) months.
ARTICLE 5. USER OBLIGATIONS
In the context of using the SERVICE, the User commits to:
- Comply with the stipulations described in the GTC and current laws, and to respect the rights of third parties;
- Use your passwords and / or identifiers according to their strict purpose of authentication to the WEBSITE;
- Communicate only information, files and other content according to reality, honest and fair;
- Always be courteous and correct towards the dance teacher, never threaten or harass him;
- Not to divulge or put online personal information (texts, photos and videos) of third parties without their consent;
- Not to disseminate unlawful words or content, and any infringing, defamatory, abusive, insulting, obscene, offensive, discriminatory, violent, xenophobic content or that incites to racial hatred; or any other content contrary to good manners and rules of decency;
- Use the SERVICE only for purposes consistent with those described in the GTC. Thus, do not communicate content that would be contrary to the purpose of the SERVICE and do not use our services for commercial or advertising purposes;
- Do not communicate or send, through the WEBSITE, any content which includes links pointing to websites that are illegal or offensive or incompatible with the purpose of the WEBSITE.
In case you fail to comply with one or more of these obligations, we reserve the right to exclude the USER at fault from the SERVICE and to close his profile in accordance with the stipulations described in article 10 ("Termination").
ARTICLE 6. INTELLECTUAL PROPERTY
6.1 WEBSITE content and videos
The content of the WEBSITE (including videos of dance lessons and associated choreographies), including its structure, design, interfaces, databases, texts, brands, images, videos, music and the comprised graphic elements as well as the HTML reference tags (meta-tags), excluding content belonging to third parties, are the exclusive property of the PUBLISHER. This content is protected by the Intellectual Property Code and by any national or international text applicable to intellectual property law.
You are authorized to represent on your screen the pages of the WEBSITE only for personal consultation on a temporary basis and according to the purpose of our SERVICE, as defined in the GTC.
Any reproduction, distribution or use of all or part of the content of the WEBSITE (including videos of dance lessons) in any form whatsoever, without the express prior authorization of the PUBLISHER, is prohibited and would constitute counterfeiting, sanctioned by Articles L. 335-2 of the Intellectual Property Code.
Likewise, you are not allowed to:
- Extract information by temporary or permanent transfer, or use by making available to the public, all or a substantial part, in qualitative or quantitative terms, of the WEBSITE and other databases visible on our WEBSITE, for commercial or other purposes;
- Extract or use repeatedly and systematically all or part of the information visible on the WEBSITE, when such an operation clearly exceeds normal and private use of the WEBSITE;
- Use, market or distribute any component of the WEBSITE, in particular the information visible on the WEBSITE and any other database;
- Use software or manual processes to copy our web pages or to record or collect information from these pages without the express prior written consent of the PUBLISHER;
- Use devices or software to disrupt or attempt to disrupt the proper functioning of the SERVICE; or to carry out actions that would impose a disproportionate burden on our infrastructure.
6.2 License to use content provided by Users
The User may be required to provide the PUBLISHER with videos and any other information that concerns him/her required for the purpose of personalized monitoring and coaching. The User is and remains the holder of the rights to the content that he adds on the WEBSITE. However, the User grants the PUBLISHER, who accepts, a non-exclusive license to use the files and other content transmitted via the WEBSITE. This license covers the rights to use said content via the SERVICE, in particular in order to view the videos and provide comments and advice to the concerned User. You grant us the right to grant sublicenses for the use and the exploitation with the purpose of providing the SERVICE. This said license will remain active for the duration of your subscription to the SERVICE. To this end, the User declares that he/she is duly authorized to grant licenses to use the content transmitted within the limits defined in the GTC.
ARTICLE 7. PERSONAL DATA
We are concerned with preserving the confidentiality of your personal information and we attach great importance to protecting the privacy of the Users of our services.
The purpose of this Article 7 is to define the rules applicable to the collection and processing of your personal information (hereinafter “Personal Data”) via our SERVICE.
The processing of Personal Data of Users registered with the SERVICE is subject to European Regulation 2016/679 of April 27, 2016 concerning the protection of individuals with regard to the processing of personal data and on the free movement of this data (known as "GDPR") and to the law n° 78-17 of January 6, 1978 concerning data processing, files and freedoms, as amended (known as "Data Protection Act") (hereinafter the "Regulations").
For the purposes of this Article 7, the following terms have the meaning given to them within the GDPR: "personal data", "processing", "controller", "processor", "data subject" , etc. As such, personal data is defined as any information relating to an individual who can be identified, directly or indirectly, such as surname, first name, email and postal address, IP address, username, password, etc. (hereinafter "Personal Data").
This Article 7, and the rules derived from it, do not apply to services offered by third-party companies, operating partner websites or to other websites accessible from our WEBSITE. We are not responsible for the use of your Personal Data by these websites.
7.1 Person responsible for processing Personal Data
The “data controller”, as defined by said Regulations, of the Personal Data of the Users of the SERVICE is:
SASU Tahia Ori Tahiti - RCS Paris n° 842 361 594 – 26, rue d’Avron - 75020 Paris.
In this capacity, we undertake, as part of our activities, to comply with the provisions of the said Regulations, and to carry out lawful, fair and transparent processing of your Personal Data.
7.2 Personal Data collected and processed via the WEBSITE
We collect Personal Data from Internet users who wish, on one hand, to know more about our activities (via the contact form) and, on the other hand, to subscribe and use our SERVICE. Access and use of the SERVICE involves the collection and processing of your Personal Data, namely: surname, first name, country, e-mail address, password, etc.
The registration form may include a section offering us the possibility to use your Personal Data for marketing or commercial purposes (such as newsletter, questionnaire and information on similar services). In this case, you will be informed of such use of your data and will have the possibility to oppose it.
7.3 Conditions for the use of Personal Data
a) Purposes of the collection and processing of your Personal Data. Your Personal Data is collected and processed for specific, explicit and legitimate purposes and are not processed further in a way incompatible with these purposes. Here are these purposes:
- Provide and manage our services, your registration, your subscriptions and your account;
- Communicate with Users and improve the quality of our services, by answering your questions and informing you of our news;
- Improve the quality of our services;
- Ensure the security of Personal Data (e.g. prevent theft of digital identity, payment fraud, etc.)
- Resolve any possible dispute or resolve any problem related to the use of our services.
- Prevent possible prohibited or illegal activities.
Any use of Personal Data for a purpose other than those indicated above will require your express prior agreement. We commit not to access or use your Personal Data for purposes other than those necessary for the performance of our services.
b) Storage duration of your Personal Data. We commit to store your Personal Data only for the period strictly necessary for processing according to the aforementioned purposes, and in any event within the limits imposed by the applicable regulations and legislation. As such, we agree to keep the data for the time of subscription and associated financial transactions, for example. Also, depending on the type of Personal Data, the storage duration may vary between a few days and several years. For example, for prospects, the retention period is 3 years from the last incoming contact with the latter; and after cancelling a subscription to the newsletter the data is deleted when the request is made.
However, we may keep certain information for a period after the closure of your personal account in order to:
Meet our legal obligations (e.g. accounting and tax) and the statutory limitation periods;
Respond to any requests for communication sent by authorized third parties (administrative authorities);
Prevent possible illegal behavior after the deletion of your personal account (re-use of your old account by a third party).
In this case, your data will be deactivated and will no longer be accessible online.
7.4 Confidentiality and sharing of information
a) Sharing of information with third parties. Your Personal Data is exclusively used by our internal services and will in no case given away or sold to third parties without your express prior agreement. Your Personal Data may, if necessary, be transmitted to third-party subcontractors involved to provision our services (technical and hosting providers, customer follow-up and satisfaction surveys, management of security incidents or fraudulent activity etc.).
As such, we undertake to communicate your Personal Data only to authorized and trusted service providers, who process them on our behalf, according to our instructions and in accordance with these GTC and in compliance with any other appropriate security and confidentiality measure.
b) Communication for juridical and legal reasons. Your Personal Data may be disclosed to third parties if we are constrained by law, a regulatory provision, or a court order, or if this disclosure is required for the purposes of an investigation, injunction or legal proceeding, on national territory or abroad.
Similarly, we may be required to share your information and Personal Data with companies, advisers or third parties in order to: (i) Enforce the current Conditions of Use of the SERVICE, including to record any breaches to these; and (ii) Guard against any infringement of the rights, property or security of our SERVICE and its users, in application and in compliance with the law.
7.5 Security and localization of Personal Data
a) Security measures provided. We provide a standard level of security to protect your Personal Data against unauthorized access and disclosure, modification, alteration, damage, accidental loss or accidental or unlawful destruction, as well as against any other form of unlawful processing or sharing to unauthorized parties.
To this end, the PUBLISHER and its technical and hosting providers have deployed appropriate measures (physical, technical and organizational) to ensure the integrity and confidentiality of your Personal Data. However, we cannot guarantee that your communications and other Personal Data will never be intercepted or disclosed by a third party.
Finally, we inform you that your Personal Data is stored on servers located in France and in the European Union.
b) Personal Data Protection Breach. If the PUBLISHER becomes aware of an incident affecting your Personal Data, he/she undertakes to inform the authorized supervisory authority (the "CNIL") no later than 72 hours after this discovery. In the event of a Personal Data breach likely to create a high risk for your rights and freedoms, we undertake to inform you of this as soon as possible, and under the conditions and in the manner described by the Regulations.
7.6 Respect for the rights of SERVICE Users
Any individual who’s Personal Data is processed by the PUBLISHER has the following rights:
- Right of access (ex: check the data that concerns you that is stored and obtain a copy);
- Right of rectification (e.g. update or correct your data if it is incomplete or incorrect);
- Right of opposition at any time, to the collection and processing of all or part of your data for the purposes of commercial prospecting for example, including profiling when it is linked to such prospecting. Thus, this right gives you the possibility to modify your notification preferences at any time;
- Right to limitation (e.g. in certain cases provided for by law, and if you question the processing of some of your data, you can request that we limit its use during the management of our dispute);
- Right to portability (e.g. you have the right to recover your data or to require its transmission to third-party providers);
- Right to deletion (e.g. you can request the permanent deletion of your User Account via the extranet);
- Right not to be subject to a decision based exclusively on automated processing, including profiling, producing legal effects concerning you or significantly affecting you in a similar way.
- Right to define general and specific directives defining the way in which you intend these rights to be exercised, after your death.
You can exercise these rights at any time in two ways:
(i) By post to the address mentioned in section 7.1 above; or (ii) by e-mail to email@example.com
We strive to respond to your requests as soon as possible.
We pay great attention to the personal data entrusted to it. However, if you consider that the processing of data concerning you infringes your rights, please be aware that you have the option to file a complaint with the National Commission for Data Protection (fr. CNIL).
ARTICLE 8. GUARANTEE AND ACCESSIBILITY TO THE WEBSITE
Limitations: we use all available means to provide service users of the WEBSITE with proper quality of service. However, we do not guarantee that the WEBSITE will not be interrupted, or that it will be error-free or safe. In general, we do not guarantee the completeness or accuracy of the content and information offered via the WEBSITE. We do not guarantee that the WEBSITE will meet the needs of the Users. It is the responsibility of the Users to ensure that they actually have access to the appropriate technical means in order to use our services.
Maintenance: we reserve the right to suspend access to the WEBSITE from time to time in order to carry out maintenance operations and to update to the WEBSITE. We will strive to carry out maintenance operations during non-working hours and to limit their duration.
ARTICLE 9. RESPONSIBILITY
Service: our responsibility cannot be invoked concerning the use you make of the WEBSITE and the SERVICE. Our responsibility cannot be questioned for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the SERVICE. We cannot be held responsible for any damage resulting from the use of the services.
The use of the WEBSITE, and the associated services, is made under your sole and entire responsibility. Hypertext link: the WEBSITE may integrate hyperlinks to third party websites, including websites of commercial partners. We cannot in any way be held responsible for direct and / or indirect damage that could result from the use of content, data or information of any kind, accessible from said hypertext links. It is your responsibility to check that the information on these partner websites is accurate, complete and complies with the regulations. The application of the GTC does not extend to third party sites.
Internet network and data loss: you acknowledge and accept that the Internet, and more generally any telematic network used for data transmission purposes, may involve risks linked to the lack of protection of certain data against possible misappropriation and risk of contamination by viruses. Also, we cannot be held responsible for any loss or alteration of data, any loss of profit, turnover, opportunity, time or any indirect damage, whether said loss or said damage is due to negligence, or any other cause, in connection with the execution or non-execution of these Conditions of Use.
ARTICLE 10. DURATION AND TERMINATION
The Conditions of Use come into force when you have completed the registration procedure on the WEBSITE, for the duration of your subscription.
We may, and you may terminate the Contract under the following conditions:
In the event of your request to close your profile;
If you refuse any new version of the Conditions of Use;
In the event you use the SERVICE contrary to these GTC, or any other breach of the Conditions of Use.
In this case, we will send you a notification email asking you to rectify the violations of the GTC within seven (7) days. If there is no correction within this period, we reserve the right to close your profile without further notice. Any profile closure initiated by us will be carried out without reimbursement of the paid subscription and without prejudice to compensate for the entire damage possibly suffered by the PUBLISHER due to your actions on our SITE.
In the event of termination of the Contract for any reason whatsoever, we will proceed to the closure of the personal account or profiles concerned, as well as the deletion of all content transmitted via the WEBSITE by the Users concerned.
ARTICLE 11. APPLICABLE LAW AND JURISDICTION
These Conditions of Use are governed by French law.
IN THE EVENT OF A LITIGATION, THE PARTIES DECIDE, AT FIRST, TO ATTEMPT TO RESOLVE IT AMICABLY OR OUT OF COURT.
IN THE EVENT OF A FAILURE WHILE LOOKING FOR A AMICABLY SOLUTION, THE USER MAY SEND THE COMPLAINT TO THE COMPETENT MEDIATOR REFERRING TO THE FOLLOWING WEBSITE: http://www.economie.gouv.fr/mediation-conso.
IN THE EVENT OF FAILURE, ALL LITIGATIONS LIKELY TO BEGIN BETWEEN THE PARTIES, RELATING TO SIGNING, INTERPRETATION, EXECUTION AND TERMINATION OF THESE TERMS, WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS TO WHICH THE PARTIES EXPRESSLY ASSIGN JURISDICTION, EVEN IN CASE OF PLURALITY OF DEFENDANTS, IN REFERENCE, GUARANTEED APPEAL OR ON DEMAND PROCEEDINGS.
The company TAHIA ORI TAHITI
SASU registered with the Paris RCS under number 842 361 594
With a share capital of 1,000 euros
Headquarters: 26, rue d’Avron – 75020 PARIS
Tél. : + 33 (0)9 81 21 90 66
Email : firstname.lastname@example.org
Madame Julia CAMBET PETIT-JEAN
This site is hosted by:
The company SERENISYS with a shared capital of 40,000 EUR
Headquarters: 88 avenue des Ternes – 75017 Paris - France
RCS Paris – Numéro SIREN 491 608 063
Tél. : +33 (0)1 46 94 60 30
TAHIA ORI TAHITI
When you browse our website, information may be saved, or read, in your terminal, based on your choices. This page allows you to better understand how cookies work and how to configure them.
What is a cookie?
A cookie is a small text file placed on your computer when you visit a site or consult an advertisement. They aim in particular to collect information relating to your navigation on the sites and to send you personalized services. In your computer, cookies are managed by your internet browser. The cookie does not allow identifying you as such.
You are notified of the existence of cookies as soon as you connect to the website www.video.tahia-ori-tahiti.com (for Video-on-Demand or VOD website) and www.tahia-ori-tahiti.com (for the showcase website) by the presence an information banner at the top of the home page.
Different issuers and types of cookies
- Functional cookies
Integrate a button: Accept / Refuse
- Analytics cookies
This information will be collected in order to carry out audience measurements, statistics, in order to improve the quality of the tools for our services, to detect possible problems and to be able to offer new content.
We have no control over the cookies that can be placed by our Google Analytics analysis tool, maintained by the company Google. To understand the cookies placed as part of the traffic analysis, click here. Integrate a button: Accept / Refuse
We do not have control over the cookies that can be placed by our Smartlook analysis tool. This tool analyzes the behavior of users by recording the session is maintained by the company Smartsupp.com. To understand the cookies placed as part of the traffic analysis, click here. Integrate a button: Accept / Refuse
- Social network cookies
The pages containing social media buttons, give the possibility to social networks to place trackers to analyze your interests. We do not have control over the cookies that can be placed by social networks and invite to visit the different platforms in order to learn more about the usage of the information collected by these display buttons. These social networks are: Facebook Twitter, Instagram, YouTube.
Acceptance or refusal of cookies
If necessary, we decline any responsibility for consequences related to poor operation of our services resulting from the impossibility for us to record or consult the cookies necessary for their execution and that you would have refused or deleted.
In order to manage cookies based on your expectations, we invite you to configure your browser by taking into account the purpose of cookies as mentioned above.
Here's how to control or prevent the storage of cookies:
The configuration of each browser is different. It is described in the help menu of your browser, which will allow you to modify your cookies based on your preferences.
You can deactivate cookies by following the instructions as follows:
1 / If you use Internet Explorer as a browser
In Internet Explorer, click the Tools button, then Internet Options.
In the General tab, under Browsing history, click Settings.
Click the View Files button.
Click on the Name column header to sort all files in alphabetical order, then scroll through the list until you see files starting with the prefix »Cookie«. (all cookies have this prefix and usually contain the name of the website that created the cookie).
Select it or the cookies including the name »Tahia Ori Tahiti« and delete them
Close the window that contains the list of files, and then click OK twice to return to Internet Explorer.
Click on the Name column header to sort all files in alphabetical order, then scroll through the list until you see files starting with the prefix »Cookie«. (all the cookies with this prefix and usually contain the name of the website that created the cookie).
Select the cookie you want or the cookies including the name »Tahia Ori Tahiti« and delete them
Close the window that contains the list of files, then click OK twice to return to Internet Explorer.
2 / If you use the Firefox as a browser
Go to the "Tools" tab in the browser then select the "Options" menu
In the window that appears, choose "Privacy" and click on "Display cookies". Locate the files that contain the name "Tahia Ori Tahiti". Select them and delete them.
3 / If you use the Safari as a browser
In your browser, choose the menu Edit> Preferences.
Click on Security.
Click on Show Cookies.
Select the cookies that contain the name »Tahia Ori Tahiti« and click on Delete or on Delete all.
After deleting the cookies, click on Done.
4 / If you use the Google Chrome as a browser
Click the icon in the Tools menu.
Click on the Advanced Options tab and go to the "Confidentiality" section.
Click the Show Cookies button.
Locate the files that contain the name »Tahia Ori Tahiti« Select them and delete them.
Click on "Close" to return to your browser ".