Conditions d'utilisation

Last revised: 7 September 2018

These Terms of Use apply on each and every use by any visitor and/or user of any of the TIQ2 Websites (as defined below), operated by TIQ2 SA, a Swiss company with its principal place of business in Nyon, Switzerland (“TIQ2”).

TIQ2 operates websites (collectively "TIQ2 Websites"). By using TIQ2 Websites and any services accessible from TIQ2 Websites, the visitor/user (further: “you”) agrees to be bound by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, you may not visit or use any of TIQ2 Websites, and you are required to leave all TIQ2 Websites.

Ownership of content

The copyright on the content of any of the TIQ2 Websites, and all TIQ2 trademarks appearing on TIQ2 Websites, belong to TIQ2 or its licensors. All intellectual property rights on content, names, logos and other trademarks are protected under national and international copyright, patent and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. You therefore may for example not use or reproduce any graphics, audio or video, photographic or other content from any of the TIQ2 websites without prior specific written consent of TIQ2.

Privacy

By using any of the TIQ2 Websites, you acknowledge irrevocably that you have read and that you do accept TIQ2’s Privacy Policy. You consent to the processing of your personal data by TIQ2 and/or its assignees in accordance with that Privacy Policy Statement.

General practices regarding use; Acceptable use policy; Breach

TIQ2 reserves the right to limit, suspend or terminate your access and use of TIQ2 Websites at any time without notice. TIQ2 makes no guarantee that any TIQ2 Website will be uninterrupted or error free. TIQ2 reserves the right to suspend or withdraw the whole or any part of any TIQ2 Website at any time without notice and without incurring any liability.

You may create links to TIQ2 Websites from other respectable websites. You may not create links to TIQ2 Websites from any racist or extremist website or any website advocating hatred, violence or discrimination. TIQ2 reserves the absolute right to require you to remove any link or links to any TIQ2 Website, and you undertake to comply immediately with any such requirement.

TIQ2 reserves the right to investigate and prosecute breaches of any of these Terms of Use to the fullest extent of the law. You consent to TIQ2 disclosing your identity and personal information to relevant authorities to the extent considered desirable in the investigation of any actual or suspected criminal offences. TIQ2 may cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that TIQ2 has no obligation to pre-screen or monitor your access to or use of TIQ2 Websites or any information, materials or other content provided or made available through TIQ2 Websites, but has the right to do so. You hereby agree that TIQ2 may, in the exercise of TIQ2' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use.

Your account

You may visit any of the TIQ2 Websites without having an account with TIQ2. In order to open an account on TIQ2 Websites and services available on TIQ2 Websites, you must register (‘Sign up’) with TIQ2 and provide any information required by TIQ2 during the registration process. You are responsible for maintaining the accuracy of this information, and for the security of your account and password. TIQ2 will not be liable for any loss or damage arising from your failure to comply with this responsibility. You are also responsible for any content that you may post on TIQ2 Websites and for all activity that occurs under your account. Your account is personal and may not be used by third parties. You must: (i) notify TIQ2 immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; and (ii) use reasonable efforts to stop immediately any unauthorized activity that is known to or suspected by you.

Prohibited use

You may not:

  • upload, post, email, transmit or otherwise make available any information,
  • materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, racist, extremist or offensive; that advocates violence; or that infringes another's rights, including any intellectual property rights;
  • use any TIQ2 Website:
    • for any fraudulent purpose or to any fraudulent effect
    • for the purpose of harming or attempting to harm minors in any way
    • knowingly transmit any data,send or upload any (material that contains) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to affect adversely the operation of any computer software or hardware.
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • obtain, collect, store or modify personal information about other users without prior written consent;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • modify, adapt or hack TIQ2 Websites or falsely imply that some other Website is associated with TIQ2 Websites or TIQ2;
  • access without authority, interfere with, damage or disrupt:
    • any part of a TIQ2-website,
    • any equipment or network on which a TIQ2-website is stored,
    • any software used in the provision of a TIQ2-website, or
    • any equipment or network or software owned or used by any third party; or
  • use any TIQ2 Website for any illegal or unauthorized purpose;
    • during any use of any of the TIQ2Websites, violate any laws in any relevant jurisdiction. Recognizing the global nature of the Internet, you will comply with all local rules regarding online conduct.

Comments

In the course of using TIQ2 Websites, you may provide TIQ2 with comments, including but not limited to suggestions and observations concerning errors, problems and defects, as well as any other issues, regarding any of the TIQ2 Websites. You hereby grant TIQ2 a worldwide, irrevocable, perpetual, non- exclusive, royalty-free, transferable and sub-licensable right to use, copy, modify, distribute, display, translate, perform, create derivative works from, sub-license and otherwise exploit any and all such comments.

Modifications to TIQ2 Websites and Terms of Use

TIQ2 reserves the right to modify or discontinue, temporarily or permanently, TIQ2 Websites (or any part thereof), or your access to all or any part of TIQ2 Websites, with or without notice at any time. TIQ2 shall not be liable for any modification, suspension or discontinuance of TIQ2 Websites. TIQ2 reserves the right to change these Terms of Use by posting changes on this page of TIQ2 Websites. By using TIQ2 Websites, you are bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

Links

TIQ2 Websites may provide or permit links to other Websites or resources. Because TIQ2 has no control over such Websites and resources, TIQ2 does not guarantee any availability of any such website and/or resource and TIQ2 does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. Your business dealings with any third parties through TIQ2 Websites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TIQ2 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.

Disclaimer of warranties

Use of any of the TIQ2 websites is at your sole risk. The TIQ2 websites and their content are provided for use on an “as is” and “as and if available”-basis. TIQ2 makes no warranties regarding any of the content on any of the TIQ2 websites.

Indemnification

You will indemnify and hold TIQ2 its subsidiaries, affiliates, officers, agents, co- branders or other partners and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of TIQ2 Websites, your connection to TIQ2 Websites, any breach by you of these Terms of Use, and/or any violation by you of any rights of a third party. You are solely responsible for his or her actions when using TIQ2 Websites, including, but not limited to, costs incurred for Internet access. TIQ2 reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TIQ2, and you will cooperate with TIQ2’s defense against any such claim.

Limitation of Liability

In no event shall TIQ2 or its employees, agents, suppliers or contractors be liable for any damages of any nature, including without limitation any consequential loss, damages for loss of income or profit, loss of or damage to property, loss of goodwill, use, data or other intangible losses, claims of third parties, or any other loss, cost, claim or expense of any kind or character arising out of or in connection with the use of the TIQ2 Websites, their content or any website with which they are linked.

Applicable law and jurisdiction; invalidity; section titles

These Terms of Use are governed by and construed in accordance with the laws of Switzerland, without applicability of any treaty or conflicts of law principles. Any dispute shall be submitted to the exclusive jurisdiction of the court competent in the place of business of TIQ2. Any failure of TIQ2 to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, TIQ2 may in a different way give effect to her intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal effect.

GENERAL TERMS OF TIQ2 CONCERNING ONLINE BOOKING

Anybody making a booking through TIQ2 is bound to these General Terms plus to the Clubs' or Trainer’ Terms. “Club or Trainer” is any training establishment or educational establishment (all in the widest sense), and "Clubs' or Trainer’ Terms" are its Terms & Conditions which are applicable on any dealing with that establishment, for instance holding a cancellation policy of the Club or Trainer in effect at the time of the online booking. The online booking service provided by TIQ2 is free for Participants and Parents. For Clubs and Trainers, please refer to the specific Terms and Conditions.

The person who takes part, or intends to take part, in a course that is the object of a booking is the “Participant”; if the Participant has not reached the age of 18, the booking must be done or approved by his parent or guardian, who must also give his or her exact address. This shall also apply when the age of consent is not 18 years in the country where the course is taking place, or in which the Participant or his or her parent or guardian is resident.

Information provided upon sign up and booking

The Participant will provide truthful information at the time of booking; the Participant may be expelled forthwith from the course at any time should said information prove to be a misrepresentation. Participants who are unsure of their language level should contact TIQ2.

Clubs and Teachers

TIQ2 will present Clubs and Trainers in a way that comparison of the offering is easy for the consumer, ie. the Participant and/or Parent. TIQ2 will endeavour to present information on the profile, facilities, activities, courses, accommodations and transfers, terms and conditions, plus links to the Club or Trainer website and email-address.

Booking a course

Once any course is chosen by the Participant, the Participant can then book the course immediately through TIQ2.

The booking may be rejected and/or not executed by either TIQ2 or the Club for the following reasons:

  • The booking is made by an under aged Participant without the consent from his Parent or guardian;
  • The Participant does not send documents requested in time;
  • The Participant does not make payment by the requested date;
  • The Participant cannot be reached for more than one month;
  • The Participant provided untruthful information during the online booking;
  • The course is over subscribed, not running or deemed unsuitable for the Participant;
  • There are practical reasons for rejection of the booking;

The booking is deemed to be unsuitable for any other reasons.

Once a booking is received, TIQ2 will email a confirmation of the booking. Acceptance by the Club or Trainer leads to a contract between the Participant and the Club or Trainer, on which the Club’s and Trainer’s Terms are applicable. TIQ2 is not a party to that contract. TIQ2’ role is solely that of facilitator. TIQ2 carries an obligation to make her best effort, not an obligation to procure any result. TIQ2’ system enables the Participant to communicate with the Club and Trainers. TIQ2 will request the Club to send all necessary documents directly to the Participant.

Payment

TIQ2 will assist the Participant to make his payment directly to the Club or Trainer by providing all information necessary thereto. TIQ2 is not an intermediary for the payment of the course fees. Payment must be made to the Club or Trainer by the Participant in accordance with the Club’s terms.

Changes of Terms

TIQ2 reserves the right to change these Terms.

Cancellation and refund

After making the booking, cancellations are governed by the Clubs' and Trainer’s Terms.

Booking process

If a booking cannot be processed or executed due to the Participant’s incompliance with the Clubs' or Trainers’ Terms, the Participant is liable for the charge depicted in the Clubs' or Trainers’ Terms.

Disclaimer

TIQ2 is not liable or responsible in case:

  • the Club or Trainer decides to stop or change the course;
  • the Participant is unable to attend the course for personal reasons;
  • the Club or Trainer has supplied inaccurate information to TIQ2 which leads to inaccurate information by TIQ2.
  • of any other reasons out of TIQ2' control.

Damages

TIQ2 is not liable for any damages caused to or by the Participant and/or Parent, nor for damages causes to or by the Club and/or Trainer.

Applicable law and Jurisdiction

These Terms are governed by the laws of Switzerland. All disputes arising out of or in connection with these Terms shall be subjected to the exclusive jurisdiction of the courts of TIQ2’ place of business. However, TIQ2 may seek emergency relief before any competent court or tribunal in the event of a breach or anticipated breach of these Terms.

Data protection

TIQ2’ Privacy Policy is applicable.

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