Preamble
The “MymotoCoaching” website (the “Site” or “Platform”) is a remote information and coaching platform between motorcycle riders or enthusiasts and the Site team, hosted by Valentin Teillet.
It allows users to:
– View videos or tutorials,
– Book or inquire about training courses,
– Chat with Valentin Teillet,
– Purchase merchandise and training programs.
These general terms and conditions of use (GCU) describe the terms and conditions under which 737 PERFORMANCE, SARL, registered with the Trade and Companies Register under number 903 391 225, whose registered office is located at 5 Route de la Glorandière, 85540 Saint-Vincent-sur-Graon, France (the “Publisher”), offers the Site.
These T&Cs define the rights and obligations of users of the services provided by SARL 737 PERFORMANCE / MYMOTOCOACHING on the Site.
1. Acceptance of the General Conditions of Use (GCU)
The Terms and Conditions, and any amendments thereto, come into effect on the date they are posted online and apply upon the user’s use of the Platform. This use therefore constitutes acceptance of the Terms and Conditions in their entirety upon the first use of the Platform.
Any user who does not accept the Terms and Conditions is responsible for not using the Site. Amendments to the Terms and Conditions are posted online at the Publisher’s initiative.
If the user ceases to use the Platform, the user remains responsible for their prior use of the Platform and for any content they may have published or transmitted through the Platform.
2. Conditions of access to the Site: choice of a package and creation of an account
I. Formulas
Upon registration, the User has the choice between three Plans: bronze, silver, and gold (the “Plans“).
The features and prices of each Plan are described on the Website. Each Plan consists of a monthly or annual subscription system and a registration fee. Variations may exist between Plans depending on the subscription system chosen (see the pricing table on the Website).
Please note that registration fees are non-refundable in the event of cancellation.
The annual subscription is valid for 12 months from the date of payment of the full year’s price in a single installment. The annual subscription implies an immediate and full payment obligation upon registration.
Subscription conversion requires the Publisher’s consent on a case-by-case basis and may therefore be refused.
The monthly subscription is an unlimited term subscription and requires payment for each new month started (i.e., on each anniversary date in the month following the subscription start date). If the monthly subscription is terminated, any new monthly period started is due.
The annual subscription is automatically renewed with a 20% discount on the advertised retail prices for the same period. The user may refuse this renewal up to the month following the renewal notification sent by email. The subscription will cease and the discount benefit will be permanently lost.
The “Welcome Pack”, which may be included in the annual subscription, will not be reissued with the renewal.
The registration fee corresponds to a fixed fee for the provision of digital content accessible on the Site.
II. Account creation
Access to the Site’s features requires choosing one of the offered plans, paying for it, and creating a User account by providing personal information, a username, and a password.
The User sets a secure and strictly personal password, which they agree not to disclose.
A page summarizes the User’s choice and the applicable price, and redirects them to a payment page. The User receives an email confirming their order at the address they provided during the subscription process.
Creating an account also implies unconditional and unreserved acceptance of the Terms and Conditions.
Use of the account and the Site is personal; the User is therefore solely responsible for the actions they perform via their Account and may not transfer, assign, rent, or delegate their access to a third party.
The User guarantees that they will provide the Publisher with accurate, truthful, and truthful personal information, in particular to enable their identification.
3. Use of the services provided by the Platform
Once the Account has been created, the user can use the services provided by the Platform according to their capacity, by logging into their account with their email and password.
I. Access to content
The Site provides access to this specific coaching content. It may be created at the Publisher’s initiative or at the request of users.
II. Chat with the Site team
The user can communicate with the Site team via the chat service available on the Platform. This chat service is not instantaneous and the team requires a response time. In order to adapt the use of the Site to each user in light of the availability of the team and Valentin Teillet, the Site may include a limitation on the number of messages based on a certain period and/or the number of characters and/or the content or their size that can be sent.
III. Training programs
The user can purchase training programs at certain piloting locations. They consist of exercises and tutorials presented remotely in the form of videos and text.
The user is fully independent and assumes sole responsibility for the implementation.
IV. Réservation de stages de moto
As motorcycle training courses are a leisure activity, there is no legal right of withdrawal.
The user can book their participation in motorcycle training courses according to the proposed dates and times. Unlike training programs, these courses are in-person.
Depending on the level of the course, certain prerequisites may be required, such as a license from the French Motorcycling Federation; it should be noted that motorcycling is a dangerous activity or sport requiring specific qualifications depending on the engine size of the vehicle.
The courses can only be booked by the user.
A 50% deposit is required upon registration. This deposit is non-refundable. A possible track fee, which varies depending on the circuit and duration, may be payable to the Publisher.
Equipment (helmet, protective gear), motorcycle, and fuel are the responsibility of the participant. Travel expenses and accommodation are the responsibility of the participant and are not provided.
Meals must be provided by the user. Arrival at the course location is the responsibility of the user or registrants.
Cancellations are not permitted, except for duly established medical reasons (medical certificate) and presented to the organizer before the start of the course. In this case, a 50% refund will be offered.
The participant may also find and present a replacement driver.
By exception, cancellation of participation at their discretion is possible up to two weeks before the start of the course; only a 50% refund will be offered. Beyond this two-week period, no refund or credit note will be due or offered.
Course registrants are required to comply with the provisions of the Highway Code (in particular Articles R221-1-1 and R221-16), and any requirements for prudence or diligence, and to behave courteously and respectfully. A valid French Motorcycling Federation (FFM) license is required.
Any failure to comply with safety instructions or regulations may result in immediate exclusion from the course, without refund.
The date and location of the course may be changed due to weather conditions or constraints imposed by a third party. In such cases, membership in the modified course or a refund may be offered.
Participants are required to comply with the circuit’s internal regulations and any local regulations.
V. Purchase of products
The prices and specifications of the products sold appear on the Site.
The general terms and conditions of sale of the mymoto-coaching.com website apply to these purchases, including the right of withdrawal provided for in Article 15 of these Terms and Conditions.
VI. Videos, tutorials and content on the Site
Motorcycling is a dangerous activity or sport requiring specific qualifications depending on the engine size of the vehicle. Some maneuvers presented are intended to be performed only in a suitable environment (i.e., a racetrack) and by holders of a license from the French Motorcycling Federation.
Use of the content is the sole responsibility of the user. It is the user’s responsibility to have the necessary insurance, licenses, and/or authorizations.
VII. Proper Use
The User agrees to use the Site in accordance with the provisions of the Terms and Conditions.
The User agrees, in particular, to:
- pay the Plan subscribed to on time;
have the necessary skills and resources to access the Site and understand the dangers of motorcycling or any sporting or leisure activity in general; - not disrupt the Site’s operation or transmit illegal, offensive, or dangerous content (viruses);
- keep their username and password confidential by not disclosing them to anyone;
- not violate the privacy, business secrets, rights of third parties, or the secrecy of correspondence by using the Site;
- remain respectful of other users and the Publisher, and in particular not to defame or insult them, nor to harass or make unlawful or disrespectful comments;
- not to advertise on the Site;
- not to present or encourage the consumption of tobacco, drugs, or substances that are illicit or incompatible with driving (alcohol);
- not to reproduce, represent, or communicate to the public or third parties in any way whatsoever the Site, as well as the content made available on the Site;
- not to extract, reuse, store, reproduce, represent, or preserve, directly or indirectly, on any medium, by any means, and in any form whatsoever, all or part of the Site.
The User generally undertakes not to contravene the legal and regulatory requirements applicable to the Platform, and in particular the provisions of the Intellectual Property Code.
4. Liability / Warranty
The User fully indemnifies the Publisher against any interference from a user or third party who considers that content infringes their rights or violates the Terms of Use.
737 PERFORMANCE / MYMOTOCOACHING cannot be held liable for unforeseeable and/or indirect damages suffered by the User, such as, but not limited to, injury, physical harm, loss of earnings, loss of opportunity, loss of income, loss of data, any financial or commercial loss, any business disruption, or any intangible damage such as damage to image or reputation.
The Company cannot guarantee the User that the Platform will exactly meet their expectations or that no errors will appear during the use of the Platform. The Company does not guarantee the reliability or accuracy of the information contained on the Site, nor the compatibility of the Site with the User’s specific uses.
The Company shall not be held liable for (i) any improper use of the Platform by users or any other third party, or (ii) any content made available by Users or shared on the Site.
In the event that the Company is held liable by a third party due to a User’s breach of any of the provisions of the T&Cs, the Publisher may seek a guarantee from the defaulting User.
The liability of the company 737 PERFORMANCE / MYMOTOCOACHING cannot be incurred in the event of loss or damage suffered by the user or any third party following a failure (i) of access to the Platform, (ii) of the Internet network, (iii) of telecommunications means, (iv) of any fault or negligence of the user or third party and (v), more generally, of any fact not directly and/or exclusively the responsibility of the company 737 PERFORMANCE / MYMOTOCOACHING or of any force majeure event.
5. Moderation
The Publisher may remove any content it deems to be contrary to the Terms of Use, without notice or justification, and without the User who created the Content in question being able to make a claim against it. Moderation by the Publisher is occasional.
In the event that the User finds that content is clearly illegal or that a hyperlink points to third-party content that could be considered as such, the user may notify the Publisher by contacting it.
The Publisher may not be held liable under any circumstances for exercising this right or for complying with legal requirements, and the user whose content is removed may not make a claim against the Publisher.
6. Access, modifications and developments of the Platform
In the event of a breach of the Terms of Use (including non-payment), the User may, at the Publisher’s discretion, have their account or access suspended or deleted. The User will be informed of this by the Publisher. The amounts, plus late payment interest if necessary, remain due until the User duly terminates the account.
The Publisher reserves the right to temporarily suspend access to the Site or to all or part of the services provided through it, for reasons beyond its control or for technical reasons, including the need to update the services, products, their descriptions, modify them, ensure maintenance, and, generally, for any other technical and organizational reasons, without liability being incurred as a result.
The Publisher reserves the right to make modifications, improvements, and/or developments to the Site or to the terms of access to the services, particularly on a technical level.
Furthermore, the Publisher reserves the right to permanently or temporarily cease one or more services available on the Site, subject to notice when applicable, without any compensation for the User and without its liability being sought as a result.
7. Intellectual Property
The Site and all its specific elements (such as logos, trademarks, designs, models, images, videos, texts, photos, graphic design, software, databases, but not limited to) are the exclusive property of 737 PERFORMANCE / MYMOTOCOACHING or have been subject to prior authorization for use.
The Company grants Users a non-exclusive, personal, and non-transferable right to access the Site for use in accordance with the terms and conditions defined herein. In particular, videos may not be downloaded or recorded. No other rights are included, assigned, or granted.
Any total or partial representation of the Site or any element thereof by any means whatsoever, without the prior written authorization of 737 PERFORMANCE / MYMOTOCOACHING is prohibited and constitutes an infringement within the meaning of the Intellectual Property Code and will be punishable as such.
The User shall not infringe, directly or indirectly, the intellectual property rights of the Publisher and shall not exploit in any way whatsoever the names, brands, logos, software, information, databases and all documents communicated to him, in general, in the event of the execution of these T&Cs.
8. Personal data
Access to and use of the Platform requires the collection and processing of personal data concerning the user.
This personal data is collected when an Account is created or, more generally, when using the Platform.
The personal data collected is processed by the Publisher, as the data controller. It will only be used to identify users and to provide services, deliver products sold, and enable better use of the Platform.
Coaching recipients’ data is retained for two years after the expiration or termination of the contractual relationship between the Publisher and the user.
The Publisher, training organizers, and service providers involved in the provision of services, content, and products are the sole recipients of personal data.
Account login data is also collected by the Platform. This data is intended for internal use only. Under no circumstances will this data be transferred or sold to third parties.
In accordance with the General Data Protection Regulation, all users have the right to information, opposition, access, and rectification of their personal information. Any user wishing to exercise this right and obtain disclosure of their personal information should write to the Publisher.
The remaining conditions set out in the Privacy Policy apply.
9. Term/Termination
Each user’s account is valid for the duration of the selected subscription. Upon expiration or termination of each Plan, the user no longer has access to coaching content or videos, but can continue to order products or register for courses.
No early termination or cancellation of the Plan subscription by the User is possible.
The Publisher may terminate the User’s account, without notice, without legal formalities, and without compensation, in the event of a serious and/or repeated breach by the user of any of their obligations set out in these Terms of Use, without the Publisher being held liable for this and without any refund being due.
10. Absence of right of withdrawal
Non-professional users have a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely, following telephone canvassing, or off-premises, without having to provide a reason or incur any costs other than those provided for in Articles L.221-23 to L.221-25 of the French Consumer Code.
The period mentioned in the first paragraph begins on the day the Site’s services are subscribed to or, in the case of an order for Products, on their delivery.
However, this right does not apply to the portion of the services and the price corresponding to the provision of digital content, the performance of which begins upon subscription (in particular, registration fees). Indeed, when subscribing, the User (i) pays the registration fees, (ii) expressly consents to the execution of the contract beginning before the withdrawal period expires, (iii) acknowledges that they have lost their right of withdrawal, and (iv) confirmation of the foregoing is provided to the User, who may also fully benefit from the digital content delivery service from that moment on.
The registration fees, and all other fees corresponding to the provision of digital content beginning upon subscription, therefore remain due to the Company, even if the right of withdrawal is exercised.
For all other matters, and in particular the purchase of products, please refer to the provisions of Article 15 of the General Terms and Conditions of Sale.
Finally, no right of withdrawal applies to leisure activities, including motorcycling as part of training courses.
11. Payments
Payments are made via the “Stripe” platform, the terms, limitations and conditions of which apply.
12. Other terms and conditions
I. Modifications to the Terms of Use
The Publisher reserves the right to modify these Terms of Use at any time, subject to notifying Users by any means available on the Platform. These modifications and developments come into effect on the date they are posted online and are binding on the date of the User’s first use of the Platform.
If the User continues to use the Platform after notification of the change to the Terms of Use, they will be deemed to have read, understood, and accepted the new Terms of Use and will be automatically bound by them.
II. Notification
Notifications should be made to the contact email address.
III. Applicable law
The T&Cs are governed by French law.