Terms and Conditions of Where Is My Mat
Effective date: 25 April 2016
Please read carefully the terms and conditions set out below to fully understand the services offered by Where Is My Mat SAS, and what you are agreeing to when you use our services. Definitions
Where Is My Mat SAS may hereinafter be referred to as “Where Is My Mat”, “Whereismymat.com”, “us”, “we” or “our”.
The website hereinafter may also be referred to as the “Site”.
The pages, content and online reservation service provided on the website will be referred to as the “Service(s)”.
The terms and conditions will hereinafter be referred to as the “Terms and Conditions” or “Terms”.
Professionals, Yoga teachers, studios, gyms and any kind of institution or person(s) that provides classes and/or courses in relation to yoga on our website will hereinafter be referred to as “Yoga Professionals”.
The terms “Non-Professional”, “Yoga non-professional” or “Yogi(s)” refer to any visitor to the website who wants to participate in a class.
“User(s)” can be both Yoga Professionals and Yoga Non-Professionals who use the service on the site.
“Class(es)” may refer to a recurring class, a workshop, a retreat, a yoga teacher training course or any other activity in relation to yoga offered on our Site.
The user’s personal profile is also referred to as “My Profile”.
Content of any kind (editorial, graphical, audiovisual or other, including the name and/or image) that you select for your event is hereinafter referred to as “Content”.
- a. Contact details and operating services
- b. Availability of our Service
- c. Language of the Terms
- d. Governing law and jurisdiction Cookies
- e. Accepting the Terms
- f. Changes to the Terms
- g. Breach of Terms
- a. Service for Non-professionals or Yogis
- b. Service for Yoga Professionals
- c. Information accuracy of Services
- a. Mandatory information
- b. Accessibility and responsibility
- c. Communication
- a. Creating an activity for a Yoga Professional
- b. Commitment to your customers
- c. Other commitments for Yoga Professionals
- c. Limitations of liability
- 5. Terms and Cancellation policy
- a. Selection and booking
- b. Payment
- c. Cancellation Terms
- a. Cancellation policy for Yoga non-professionals
- b. Cancellation policy for Yoga Professionals
- 9. Prohibited activities and behaviors
- 10. Sanctions in case of violations
- 11. Liability and responsibility of Where Is My Mat
- 12. Intellectual property
- a. Property Rights
- b. Protection of all items: Trademarks, logos, links, information, etc.
- c. Prohibition of unauthorized use
- d. Sanctions
- 13. Personal data and privacy
- 15. Links and third-party sites
- 16. Duration of Services and unsubscription
These Terms are intended to define the terms and conditions of using the services offered on the site ("Services"), and also to define the rights and obligations of all parties making use of the services.
They are accessible and printable at any time by a direct link at the bottom of the site's home page.
1.a Contact details and operation services
Services are provided by the company Where Is My Mat SAS which is registered with a capital of 1,000 euros, under number 819 788 746 RCS Paris, with the registration address at 10 rue Perdonnet 75010 PARIS, France.
Where Is My Mat can be contacted at: By post: 10 RUE Perdonnet 75010 PARIS By email: firstname.lastname@example.org
The website is hosted by: Heroku, Inc. 650 7th Street San Francisco, CA 94103 Sales: +1 (866) 278-1349
1.b Availability of our services
The website and services are available, subject to restrictions, to:
- To any physical person with full legal capacity and at least 18 years old
- To any legal person acting through an individual with legal capacity to contract in the name and/or on behalf of the company or physical person
You may not use the Service and may not accept the Terms if:
- You are not of legal age (18 years or older)
- You are a person who is either banned or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service
1.c Language of the Terms
In the event of a translation of these Terms in one or more languages, the English language version shall prevail in case of conflict or dispute about the meaning of a term or provision.
1.d Governing Law and Jurisdiction
These general conditions are governed by French law. In case of a dispute concerning the validity, interpretation and/or execution of these Terms, the parties agree that the court of Paris shall have exclusive jurisdiction to judge unless mandatory procedural rules otherwise apply.
1.e Accepting the Terms
In order to use our Service, you must first agree to these Terms. You may not use the Service if you do not accept the Terms. You implicitly accept the Terms by simply using the Service. You understand and agree that Where Is My Mat will treat your use of the Service as acceptance of the Terms from that point onwards.
1.f Changes to the Terms
Where Is My Mat reserves the right to modify part of or all Terms at any time. This may entail anything from minor changes to major changes, such as legal regulatory changes. Modified Terms will be posted on the T&C page on Where Is My Mat. In case of additional terms and conditions added or significant changes made to the existing Terms, which include changes which impact your obligations towards our services, we will send you an email with the notification that the Terms and Conditions have changed. Your continued use of the Service after the date the modified Terms are posted will constitute your acceptance of the modified Terms. If you do not accept the new Terms you must unsubscribe from our Services by sending us an email to email@example.com
1.f Breach of Terms
In case of your non-compliance with these Terms, Where Is My Mat reserves the right to suspend and / or deny access to the Services without notifying you.
2. Scope of our Service
Where Is My Mat provides an online platform through which all types of yoga classes can be offered by yoga professionals and through which visitors to the website can search for these classes and make reservations.
Yoga professionals are yoga teachers, studios, gyms and any institution that can give a yoga class. Yoga non-professionals or yogis are any visitor to the website who wants to participate in a class. Classes can be a recurring class, a workshop, a retreat, a yoga teacher training course or any other activity in relation to yoga offered on our Site.
2.a Service for Non-professionals or Yogis
Where Is My Mat offers you a free service to access available activities, made available by Yoga Professionals, to facilitate your online search, making reservations, or subscribing to plans or packages. These reservation or subscriptions are made in real time via the Site, using any one of multiple devices.
You can search for and view information on classes without being registered on the Site. However, when you want to book a class you must create an account on Where Is My Mat
By making a reservation through Whereismymat.com, you enter into a direct (legally binding) contractual relationship with the class provider. From the point at which you make a reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant Yoga Professional and sending you a confirmation email for and on behalf of the Yoga Professional.
2.b Service for Yoga Professionals
Where Is My Mat offers studios, yoga teachers, retreat organizers and any other institute or person that organizes a yoga class, via the Site, a tool for managing bookings and activities that you add in your account and publish on our website. Information on your classes will be available to all visitors to the website and subscribers in order to attract new yogis to your classes. Our Service allows you to communicate the characteristics of your business and the subscriptions or packages that you offer.
You are fully responsible for updating all your listings, availability, rates and other information which is displayed on our Site.
2.c Information accuracy of Services
Please note that the use of the Site, application and services is intended to facilitate the interaction between Yoga Non-Professionals or Yogis and Yoga Professionals. Yoga Professionals can add their classes, workshops, teacher trainings, retreats or other activities and once published they can be booked by the Yogis. Where Is My Mat cannot control the content of the published classes, neither the legal conditions nor the prices of these classes. Although we will use reasonable skill and care in performing our services we cannot check everything, and we cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, inaccurate, misleading or untrue information or non-delivery of information.
3. Account Creation
You can freely browse the Site, but to access certain features, to book an activity or to create a listing you must create an account and become a member. You can register to make use of the Service directly on the Site.
3.a Mandatory information
When you create an account you must provide all information marked as mandatory. An incomplete registration will be considered as a non-valid account. Registration and creating an account will give you automatic access to a personal profile (hereinafter “Profile”) where you can manage the use of our Service. You guarantee that all information provided upon account creation is accurate, timely and sincere and is by no means misleading. You are responsible for keeping all information in your Profile up to date. You understand and agree that the information provided upon account creation is proof of your identity and are used to personally identify you when making use of our Service or visiting our Site.
3.b Accessibility and responsibility
You can access your personal account or Profile at any time by visiting our Site and identifying yourself using your username and password. You are solely responsible for maintaining the confidentiality of your username and password. You agree not to permit any third party to use your Profile on your behalf unless you gave explicit consent to this third party and you bear the full responsibility. We understand that for Yoga Professionals there is an option of sharing the access of one account or Profile with different persons; this can be for a yoga studio account for instance. In this case the person that created the Profile gives explicit consent to the other parties to use the Profile and bears full responsibility for the use of the Profile for her or himself and the other parties. If you notice your account being used without your knowledge or suspect misuse of your account by anyone other than yourself or parties you have consented to use your Profile, please contact Where Is My Mat immediately at the contact details provided in section 2 of these Terms. You agree that Where Is My Mat can take appropriate measures in such case to ensure the safety of your Profile and our Service.
You accept that we will use your email address and mobile phone number for the transmission of information to you on the Service provided by Where Is My Mat. You are automatically opted in for marketing, product and Services communication, but can actively opt out for marketing communication in your Profile. You are not allowed to opt out for product, Services and legal communication.
To prove the content and terms and conditions of our email communications and information exchanges to you, you can print your received emails on paper. The following section 4 is intended for Yoga Professionals only
4. Class listing
By being a member of our Site as a Yoga Professional you are able to create a listing of your class(es), workshop, retreat, yoga teacher training or any other activity associated to yoga. To create the listing, you are requested to provide various information, including the procedures for the event, including location, features, availability, pricing and financial rules and conditions that apply. All listings and Classes are obliged to have a valid physical address. Your listing will be featured on our Site once you agree to publish it. Other members of the Site, including non-professionals, Yogis or other Yoga Professionals, are able to see information on and book your Class through the Site once it is published. You understand and agree that all information associated with your event, once published, is offered to members of the Site and that in no way whatsoever you are able to ask a person who made a booking, to change any of these procedures. If you have stated, for instance, that the price is 10 euros, and a person has booked your class, you are not allowed to ask the person to pay 11 euros. You acknowledge and agree that you are solely responsible for all content of your listed Classes. Where Is My Mat reserves the right to, at any time, without notice, remove, disable, access or change your listing for any reason whatsoever, including listings that we think, in our sole discretion, can be considered as questionable or harmful for our Site.
4.a Creating an activity for a Yoga Professional
As a Yoga Professional, you can add your class(es) with the intent to publish on the Site to make them available for booking. You are solely responsible for managing the timeliness, availability and reliability of information provided for your listed Classes. The cancellation policy is set by Where Is My Mat and can be consulted in paragraph 6 of these Terms and Conditions.
If you use other booking methods (online, by phone, direct or through intermediaries), you agree and acknowledge that you and you alone are responsible for updating in real-time the information provided and the availability of your Class(es) displayed on our Site. Once a booking is made via our Site in a time slot identified as “available” on the Site, you alone bear all consequences of any inaccuracy of information or mistaken reservations that may arise.
4.b Commitment to your customers
You acknowledge, agree and commit that you will offer (to customers acquired via the Site) the same rates, discounts, subscriptions, sales offers, promotions and more generally, the same commercial terms and conditions and use of services as you offer to your own customers.
4.c Other commitments for Yoga Professionals
Any claims by Yoga Non-Professionals related to services provided by the Yoga Professional is forwarded directly to the Yoga Professional involved. You agree to provide Where Is My Mat as soon as possible, and within eight (8) days of the transfer request, a detailed response, or if appropriate a proposal for compensation to the person in question.
Furthermore, you agree to confirm participation of the Yoga Non-Professional in course (es), class (es), workshop (s), retreat (s), yoga teacher training or any other activity added by you to the Site, upon his/her arrival at the class or within forty-eight (48) hours after the start of the class.
4.d Limitations of liability
In accepting the reservation to your Class, you, the Yoga Professional, engages in a direct contractual relationship with the Yoga Non-Professional who booked your Class. As such, we, Where Is My Mat, acts only as an intermediary between you and the Yoga Non-Professional, by providing the details of the reservation and sending a confirmation message to the Yoga Non-Professional on behalf of you.
Where Is My Mat therefore disclaims any liability for breach of contract by any user of the Site (Yoga Professional or Yoga Non-Professional), or for any damage that may occur during the Class and/or by use of equipment at disposal, either physical or to the surroundings.
You are solely responsible for the activities practiced in your classes. You must enforce mandatory regulations such as safety rules, hygiene, discipline and respect for other users, to allow the best possible conditions for the class, particularly in terms of safety. You have the sole responsibility and authority to impose these set rules on Yoga Non-Professionals or any participants in your classes and to penalize them for violation of the regulations.
5. Terms and Cancellation policy
The Yoga Non-Professional can, via the Site, make a reservation with a Yoga Professional offering classes on Where Is My Mat. It is possible to see real-time information on the availability of the classes as provided by the Yoga Professionals.
5.a Selecting and booking
You, as a Yoga Non-Professional, are responsible for checking all information provided before proceeding with any booking on the Site. Before making a reservation, you are responsible for checking:
- the quality, extent and level of services provided for the Class by the Yoga Professional;
- more generally, if the activities provided by Yoga Professional meet your needs.
You are solely responsible for any booking you make. Where Is My Mat disclaims any liability concerning errors made by Yoga Professionals in the booking, such as errors in the date, place or booking schedule etc.
The price of the Class you book is paid directly by Yoga Non-Professionals to the Yoga Professionals upon arrival in the class, and by providing your booking reference number.
5.c Cancellation Terms
Once you have booked a Class, the Yoga Professional has the right to modify the class, but acknowledges that the student has booked a class according to specific conditions and will have the right to bring these conditions to the attention of the Yoga Professional. Cancellation of an activity or listing has to be in accordance to the cancellation policy of Where Is My Mat as described in paragraph 6 of these Terms and Conditions.
6. Cancellation policy
6.a Cancellation policy for Yoga non-professionals
When you book a class, workshop, retreat, teacher training or any activity or event on Where Is My Mat, you have the right to cancel this booking up to 24 hours in advance. If you cancel the booking made less than 24 hours in advance you are subject to the cancellation policy of the Yoga Professional. This can mean that you are still liable to pay for the class you have booked in some cases. If you cancel 3 booked classes less than 24 hours in advance per month, your account may be suspended by us.
6.b Cancellation policy for Yoga Professionals
A Yoga Professional has the right to modify, change or cancel his class, but can only cancel his class more than 48 hours in advance, so that Where Is My Mat has the needed time to inform all students who have booked the class in a timely manner. If the Yoga Professional cancels his class less than 48 hours in advance it is the sole responsibility of the Yoga Professional to be able to offer another class under the same conditions to the students who had booked the cancelled class. If a Yoga Professional cancels more than 3 times an activity or class, less than 48 hours in advance, per month, his account is subject to be suspended.
7. User obligations
Both Yoga Professionals and Yoga Non-Professionals, hereinafter “the User(s)” or “You”, agree without prejudice to other obligations hereunder, to respect the following obligations:
- You agree, in your use of the Service, to respect the laws and regulations to which you are subject and to not infringe the rights of others or the public order.
In this case the Yoga Professional is solely responsible for the proper fulfillment of all formalities, including administrative, fiscal and social regulations, as well as all due payments, fees or taxes of any kind due, as appropriate, in connection with his/her use of the Service. In no case whatsoever is Where Is My Mat responsible for these types of formalities.
- You agree and acknowledge the characteristics and constraints of the Site, especially technically and that you are solely responsible for the use of the Service.
- You are informed and agree that the implementation of the Service requires a connection to the internet and that the quality of the Service depends directly on the connection for which you alone are responsible.
- You are solely responsible for establishing relations with other Users and the information you communicate to them as part of the Service. We recommend that you always act with caution and discernment in these relations and communications. You further agree and undertake that, in your exchanges with other Users, you will comply with the standard rules of politeness and courtesy.
- You agree not to assign, or transfer any of your rights or obligations to any third party in any manner whatsoever.
- You agree to provide Where Is My Mat all necessary information for the proper performance of the Service. More generally, you agree to cooperate actively with Where Is My Mat for the performance hereof.
- You are solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image) that you select for your event, hereinafter referred to as “Content”. You agree and guarantee that you have all the rights and permissions required to use the Content and that it is lawful, does not undermine public order, morality or rights of third parties and does not violate any statutory or regulatory provisions. More generally, you understand and agree that the Content you use will not entail any civil or criminal liability for Where is My Mat.
- You understand and agree to not use and/or publish:
(i) Pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Content.
(ii) Infringing Content.
(iii) Untruthful, misleading or proposing or promoting illegal activity or fraudulent Content.
(iv) Harmful Content for computer systems of third parties (such as viruses, worms, Trojans, etc.).
(v) And more generally, Content that may adversely affect the rights of others or harm others in any manner and in any form whatsoever.
- You must take the necessary measures to safeguard your own personal information as considered necessary.
8. User responsibilities
You safeguard Where Is My Mat against all demands, actions and/or claims that we could suffer due to breach of your obligations or warranties under these Terms. You will indemnify Where Is My Mat from any harm we would suffer and pay all fees, charges and/or convictions that you may incur because of this.
9. Prohibited activities and behaviors
It is strictly forbidden to use the Service for:
- Pursuing illegal or fraudulent activity or to violate the rights or safety of others.
- Breaching public order or any violation of laws and regulations.
- Intruding into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party by violating its integrity or security.
- Sending unsolicited and / or commercial solicitation emails.
- Operations to improve the ranking of a third party site.
- Using or inciting any form and by any means whatsoever, to one or more of the above described acts and activities.
- And more generally any practice other than the Services for purposes other than those for which they were designed.
- It is strictly forbidden for you to copy and / or divert for other purposes or those of third parties the concept, technology or any other element of the Site.
- Any behavior likely to interrupt, suspend, slow or prevent the continuity of services.
- Any intrusions or attempted intrusions into the Where Is My Mat systems.
- All diversions to site system resources.
- Any action likely to impose a disproportionate burden on the infrastructure of the Site.
- Any infringement of security and authentication measures.
- Any actions which could harm the rights and financial, commercial or moral value of Where Is My Mat or users of its site.
- It is strictly forbidden to monetize, sell or license all or part of the Services or access to the site, and the information hosted therein and / or shared.
- More generally; any breach of these terms.
10. Sanctions in case of violations
In case of a breach of any provision of these Terms or, more generally, violations of the laws and regulations by a User, Where Is My Mat reserves the right to take appropriate action including, but not limited to:
- Suspending or terminating access to the Service for the Use
- Removing any Content posted on the Site.
- Publishing any message on the Site that we deem fit.
- Inform any concerned authority.
- Judicial action.
11. Liability and responsibility of Where Is My Mat
Where Is My Mat agrees to provide our Services with due diligence and in accordance with law and regulations.
Where Is My Mat has no knowledge of the Content posted by the Yoga Professionals within the use of the Service. We perform no moderation, selection, audit or control whatsoever and we act solely as a hosting provider. Consequently, we cannot be held responsible for Content, authored by third parties, and claims should be directed to the author of the Content in question. We should be informed about any Content which is harmful for any third party as stipulated by Article 6 6 I 5 of Act No. 2004-575 of 21 June 2004. If Content is in contradiction to our terms and conditions, Where Is My Mat reserves the right to take measures as set out in Section 11 of these Terms.
Where Is My Mat disclaims any liability for any loss of information accessible in the User's personal Profile; the latter must save a copy and cannot claim any compensation in this respect.
Where Is My Mat is committed to conducting regular checks to verify the functioning and accessibility of the site. As such, Where Is My Mat reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Where Is My Mat cannot be held responsible for difficulties or impossibilities during temporary access to the Site that would have originated from circumstances that are external, force majeure, or due to disruptions in telecommunication networks.
Where Is My Mat does not guarantee Users:
- That the Services, subject to constant research to improve such performance and progress, will be completely free of errors, defects or faults.
- That the Services are standard and cannot be customized to one’s specific needs and expectations.
In any case, the liability for Where Is My Mat hereunder is expressly limited to direct damages suffered by the User, which need to be proven.
12. Intellectual property
Systems, software, structures, infrastructures, databases and content of any kind (text, images, video, music, logos, trademarks, database, etc.) operated by Where Is My Mat within the Site are protected by all intellectual property rights or rights of producers of existing databases. All disassembly, recompilation, decryption, excerpts, reuse, copies and, more generally, any act of reproduction, distribution and use of any of these elements, in whole or part without the permission of Where Is My Mat are strictly prohibited and may be subject to prosecution.
12.a Property Rights
All rights, economic and moral, intellectual property and/or industrial, related to Content and information elements of the website and present on the Site belong exclusively to Where Is My Mat, subject to any property right that may belong to a third party for which Where Is My Mat got the necessary approval of rights or permissions.
The rights granted to the User for the use of the Site and services provided by Where Is My Mat will outweigh any sale or other authorization to operate or use any of the materials on the Site.
12.b Protection of Trademarks, logos, links, info, etc.
All elements (brands, drawings, texts, hyperlinks, logos, images, videos, sound, software, layout, databases, codes, etc.) on the Site and associated sites are protected by national and international intellectual property laws. These elements remain the exclusive property of Where Is My Mat and/or its partners and/or users.
12.c Prohibition of unauthorized use.
You are not allowed to make any reproduction, republication, redistribution, adaptation, translation and/or partial or complete transformation, or transfer to another website any component and element present on the Site, without prior written permission of Where Is My Mat and/or its partners.
You agree not to submit, copy, sell, republish, or generally make available, in any form whatsoever, any information or material received from Where Is My Mat or available on the Site to another natural or legal person, of all countries.
You agree to comply with the above statements related to intellectual property provisions for Where Is My Mat.
You recognize and acknowledge that non-compliance with these prohibitions constitutes as an act of infringement which is prosecutable by both civil and criminal law.
13. Personal data and privacy
Where Is My Mat reserves the right to insert on any page of the Site and other communication to Users, any kind of advertising or promotional messages, in a form and under conditions that Where Is My Mat deems suitable.
15. Links and third-party sites
16. Duration of Services and unsubscription
17. Entry into force
These general conditions came into force on 25 April 2016.