Legal Notice
& TOS
Effective as of 09/06/2021
The purpose of these general conditions of use (known as "CGU") is to provide a legal framework for the terms and conditions for the provision of the site and services by Mahalo-Coach and to define the conditions of access and use of the services by "the user".
Any registration or use of the site implies acceptance without any reservation or restriction of these T&Cs by the user.
When registering on the site via the registration form, each user automatically accepts these T&Cs and undertakes to comply with these conditions.
In the event of non-acceptance of the T&Cs stipulated in this contract, the User must renounce access to the services offered by the site.
Mahalo-Coach reserves the right to unilaterally modify the content of these T&Cs at any time.
ARTICLE 1 - Legal notices
Editing and management of the publication of the Mahalo-Coach site is provided by:
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Surname and first name: Mr PONCET Marc
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SIRET number: 95389086000018
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Email: m.poncet@mahalo-coach.com
Site hosted by Wix Online Platform Limited
Address: 1 Grant's Row, Dublin 2 D02HX96, Ireland.
ARTICLE 2 - Access to the site
The site is accessible anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.
The non-member User does not have access to the reserved services. For this, he must register by filling out the form. By agreeing to register for the reserved services, the Member User undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The User is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his member space.
To access the services, the User must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, it prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The User may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to support@mahalo-coach.com .
This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the Mahalo-Coach site will have the possibility of suspending or even closing a User's account after formal notice sent electronically and which has had no effect.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the User.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of Mahalo-Coach.
In these cases, the User thus accepts not to hold the publisher responsible for any interruption or suspension of service, even without notice.
The User has the possibility of contacting the site by e-mail at the publisher's email address provided in ARTICLE 1 or at support@mahalo-coach.com .
ARTICLE 3 - Personal data
The site provides the User with the collection and processing of personal information in respect of privacy in accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms.
Under the Data Protection Act, dated January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data.
The User can exercise this right:
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by email at support@mahalo-coach.com
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via his personal space
ARTICLE 4 - Intellectual property
The trademarks, logos, signs and all the content of the site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.
The User must seek the prior authorization of the site for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this site by any means whatsoever, without the express authorization of the operator of the website would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.
It is reminded in accordance with article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and his source.
ARTICLE 5 - Liability
The sources of the information disseminated on the Mahalo-Coach site are deemed reliable but the site does not guarantee that it is free from faults, errors or omissions.
The information provided is presented for information and general purposes without contractual value. Despite regular updates, the Mahalo-Coach site cannot be held responsible for the modification of the administrative and legal provisions occurring after publication. Likewise, the site cannot be held responsible for the use and interpretation of the information contained in this site.
The User makes sure to keep his password secret. Any disclosure of the password, in whatever form, is prohibited.
He assumes the risks associated with the use of his username and password.
The site declines all responsibility.
We recommend using the second factor if available.
The Mahalo-Coach site cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use, access, or download from this site.
The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 6 - Hypertext links
Hypertext links may be present on the site.
The User is informed that by clicking on these links, he will leave the Mahalo-Coach site. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be responsible for their content.
ARTICLE 7 - Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his navigation software.
Cookies are small files temporarily stored on the hard drive of the User's computer by your browser and which are necessary for the use of the Mahalo-Coach site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User's visit, others remain.
The information contained in the cookies is used to authenticate on the site by memorizing that you the User has already given his identifiers and password, so as not to have to redo it on each new page.
Article 5(3) of Directive 2002/58/EC amended in 2009 lays down the principle:
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prior consent of the user before the storage of information on his terminal or access to information already stored on it
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unless these actions are strictly necessary for the provision of an online communication service expressly requested by the user or have the exclusive purpose of allowing or facilitating communication by electronic means.
These cookies being necessary for the provision of the service of the site, by browsing and connecting, the User accepts them.
ARTICLE 8 - Publication by the User
The site allows members to post comments for each exercise.
In his publications, the member undertakes to respect the rules of Netiquette (rules of good conduct of the Internet) and the rules of law in force.
The site may exercise moderation on the publications and reserves the right to refuse to put them online, without having to justify it to the member.
The member remains the holder of all of his intellectual property rights. But by publishing a publication on the site, he assigns to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute his publication, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property.
In particular, the member assigns the right to use his publication on the Internet and on mobile telephone networks.
The publishing company undertakes to include the member's name near each use of its publication.
Any content posted by the User is his sole responsibility.
The User agrees not to upload content that may harm the interests of third parties.
Any legal action brought by an injured third party against the site will be borne by the User.
The User's content may be deleted or modified by the site at any time and for any reason, without notice.
ARTICLE 9 - Creation of an athlete's account by a coach
An athlete can have an account created directly by a coach.
This mechanism is provided only in the case of a contract and an agreement between the two parties.
The Mahalo-Coach site will take action in the event of abuse of the functionality by a sports coach.
If you receive an unwanted email from an account creation, contact support@mahalo-coach.com so that we can help you.
ARTICLE 10 - Use of external resources
We use the external resources below:
ARTICLE 11 - Applicable law and competent jurisdiction
French law applies to this contract. In the event of absence of amicable resolution of a dispute arising between the parties, the French courts will have sole jurisdiction.
For any question relating to the application of these T&Cs, you can contact the publisher at the contact details listed in ARTICLE 1 and ARTICLE 5.