General conditions of use - 24th February 2012

Preamble

EOS (eGG-one school) runs the website http://school.egg-one.com/ herein referred to as platform or EOS website) of which the objective is to bring together coaches and students in the playing of video games. The coaches are video game players of whom the abilities and teaching skills are approved by EOS. The students are internet users of all levels, wishing to be coached in the playing of video games who are looking for coaching lessons aimed at both beginners and those looking to progress.


1. Objective of the present general conditions

The objective of the present general conditions of use for the EOS platform is to define the conditions of the establishment of relationships between the coaches and their students through EOS, according to the terms set out hereafter.


2. The EOS obligation

EOS is charge with the establishing of relationships between coaches and students. EOS is not part of the contract concluded between a coach and a student.

2.1. With respect to coaches

As publisher of the website http://school.egg-one.com/, EOS ensures the coach, via this virtual platform, accessibility and visibility amongst the students. In this way, EOS provides the coach with the tools and support allowing the students to enter into a contract with the coach and to book coaching lessons. This is carried out notably by the provision of a calendar allowing the coach to display when they are available and a message facility. EOS also provides the coach with a personal space on the website that they can use to present themselves and convey their teaching methods. EOS proceeds with the remuneration of coaches under the conditions defined hereafter.

2.2. With respect to students

EOS allows students to book lessons with the coaches present on the website via the platform it runs. EOS provides students with a personal space allowing them to give reviews, show their appreciation and indicate their level of satisfaction following a lesson given by a coach. EOS commits to ensuring that all complaints made by students following a lesson by a coach on the platform will be dealt with according to the conditions provided in article 8.


3. Formation of the contract

3.1. Formation of the coaching contract

The coaching contract is concluded between a coach and a student after the definitive agreement on the time and price of the lesson. This agreement is finalized the moment payment is made on the EOS website. EOS will send confirmation by email to both the coach and student of the conclusion of the contract and a reminder of the start time and price of the lesson booked as well as the elements allowing the coach and student to get in touch in order to execute this coaching contract.

3.2. Specifics regarding lessons offered by a third party

Third parties have the possibility of offering a lesson with the coach of their choice to future students via the “offer a lesson” tab. In this instance, EOS will give the subscriber a booking token valid for one year and allowing a lesson to be booked with the coach selected at the time of the purchase according to the classic procedure given in article 3.1. Regarding the provision of the lesson, the coach will be paid in accordance with their rate at the time the token was purchased and not their rate on the day of the provision of the lesson. If the designated coach doesn't display any available time slots that are suitable for the beneficiary of the booking token, the latter will be able to: - either ask EOS to refund the booking token at a sum equal to its initial value, - or exchange it for a new booking token with a value equal to its initial value and a maximum of one exchange. This new booking token has a validity period of one year starting from the date it was issued.


4. Particular dispositions applicable to the coach

4.1. Coach's obligation

If they wish to give lessons via the EOS platform, the coach will display their availability on the website run by EOS. The coach has the possibility of freely editing and removing their available time slots on the condition that a lesson has not already been booked. The coach has the functionality to prevent the booking of an hour's time slot between 0 and 24 hours before the start of the time slot. This duration is to be defined by the coach on the platform. Once a time slot has been booked by the student, the coach commits to provide the lesson in good faith, in terms of punctuality, educational value and the quality of teaching legitimately expected by the student. The coach will make it their personal business to respect the terms of this contract which links them to the holder of the license granted for the use of the game. EOS reminds the coach of their obligation to respect the laws and regulation relative to the exercise of a professional activity. EOS cannot be held responsible for any ignorance from the coach concerning their social and fiscal declaratory obligations.

4.2. Hours

The coach is free to display their availability and to give the number of hours' worth of lessons they wish on the website run by EOS. No minimum is imposed.

4.3. Lesson price

The hourly rate of the lesson is freely set by the coach. EOS has no right to scrutineer the cost of the services provided by the coach.

4.4. Non-exclusivity

Coaches can freely provide other lessons through other intermediaries under the condition of the respect for good faith as provisioned under article 10 of the present convention.


5. EOS payment, commission and remuneration

5.1. Payment

EOS receives a mandate from the coach to view the sums of money transferred by the students during a transaction. The student gives EOS the mandate to pay the coach. The coach authorizes EOS to view, in their name and on their behalf, the price of the lesson in the expectation of the execution of the provision. The transfer of the sum is conditional upon the execution by the coach of their service. On the last day of each month, EOS will give the order to transfer the sums owed to the coach for all of the lessons given by them via the EOS platform, by bank transfer to the account communicated beforehand by the coach. Concomitantly, EOS will issue an invoice addressed to the coach which will state the entirety of services provided by them during the previous completed month and include the commission taken by EOS. On express demand from the coach, EOS will be able to transfer the funds before the end of the delivery date specified in the previous paragraph subject to not exceeding a reasonable number of monthly transfers. The coach expressly gives up the right to request interest payments that may result from the investment of funds awaiting payment. Any failure or delay in payment will result in, by operation of the law, the payment of late payment interest equal to the legal rate in force in France. However, the coach notes that payments by EOS can be delayed for reasons pertaining to banking constraints or in the event of a complaint made by a student following a lesson provided by the coach.

5.2. EOS commission

A commission of 15% is taken by EOS on the price of each lesson set by the coach and paid by the student. However, where the price of the lesson is 70 or more per hour, the commission taken by EOS will be capped at €10 per hour.


6. Responsibilities

The coach and student alone are responsible for how they use the platform. EOS cannot be held responsible for use that is not compliant with the general conditions of use. EOS is not a garantor for the good execution of the contract by the coach. However, EOS being keen to promote the suitable usage of its platform, the student can complain to EOS following a lesson in which they were not satisfied according to the conditions given in article 8.


7. Protection of third part rights

Coaches and students agree to use the video games in respect of the terms that link them to the license holder and not to broadcast illicit content on the website run by EOS. In this way, coaches and students will make it their personal business to respect the terms of the contract which link them with the holder of the license granted for the use of the game. In no case will EOS be held responsible for any violation of the rights of the grantor of the game's license for which the lesson is given. Coaches and students agree not to broadcast any illicit content on the EOS platform. In its role of website publisher, EOS has the possibility of moderating comments and suspending the accounts of users likely to harm the interests of others. In a general manner, coaches and students agree not to commit and behavior likely to affect the rights of a third party.

8. Student complains and lesson refunds

The lesson is refundable in the event that coach absence or delay results in the lesson's cancellation. In this event, EOS encourages coaches and students to find a friendly solution and to find another date to hold the lesson. If the student isn't present for their lesson, they will not be able to make a complaint. Subjective motives for dissatisfaction relating to the educational qualities of the coach cannot give rise to a refund. The student is reminded that they have the possibility of offering their reviews and evaluation of the coach following a lesson. The student will have the chance to complain to EOS following the procedure stated on the website in the event of a coach failing to meet their obligations within 72 hours of the lesson ending.


9. End of participation

Coaches and students can end their participation on the platform at any moment subject to informing EOS by email or by unregistering themselves from the website. In the event of one of the parties committing a violation of the present general conditions, EOS reserves the right to terminate the present contract and suspend access to and/or cancel the account of the coach or student on the EOS platform, without prejudice for the damages or compensation sustained by EOS in such a case.


10. Good faith

For the duration of the current agreement, the parties agree to act in good faith, with respect to their reciprocal contractual rights and take all measures with a view to carrying out the the present agreement. In this way, EOS encourages coaches and students to find a friendly solution in the case of dispute. Concerning the students that were introduced to them by EOS, the coach is forbidden from giving the lessons directly to the student without going through the website run by EOS. In the event of violation of this obligation, EOS reserves the right to suspend the coach's and student's access to the platform and to seek damages and interest.


11. Force majeure

The responsibility of EOS cannot be sought in the event that the execution of one of its obligations is prevented or delayed by a case of force majeure. This also applies for problems relating to the maintenance and hosting of the website.


12. Modification of the present general conditions

EOS has the faculty to modify the present general conditions. Any modification will be notified to the coaches and students. It will not apply to lessons already booked. The invalidity of one or several clauses of the EOS platform's general conditions of use will not result in the nullity of the said general conditions.


13. Personal information

By registering on the EOS website (notably to open a client account or to subscribe to services provided on the EOS website), coaches and students agree to provide us with sincere and correct information concerning them. The communication of false information is against the present conditions of use. In conformity with the Law n°78-17 of 6th January 1978 “ Informatique et Libertés” the collection and processing of this information were subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 1548978. EOS SAS is responsible for processing this information. Its headquarters is 23 rue Alfred Nobel, 77420 Champs-sur-Marne. Information collected is subject to processing destined to allow the execution of the coaching contract. The information is kept until you unregister from the EOS website thereby marking the end of the participation on the website of the coach and the student. In conformity with the “ informatique et libertés” law of 6th January 1978 modified in 2004, you benefit from the right to access and withdraw the information concerning you which you can exert by writing to EOS 23 rue Alfred Nobel, 77420 Champs-sur-Marne or using the following email address [email protected] indicating your name, surname, email and address. EOS is the only holder to the data concerning you. However, if you accepted it at the time of your registration on the website, EOS and its commercial partners can send you information on specific and one-off promotional offers by email. These partners are specifically chosen by EOS according to the quality of their products and services. You can ask to no longer receive theme emails at any moment on the link provided to this effect and inserted at the bottom of every email you receive. You can also, for legitimate motives, oppose the processing of information concerning you.


14. Intellectual property

The entire content of the website school.egg-one.com (illustrations, texts, wording, brands, images, videos) is the property of EOS, its co-contracting parties or partners. Any partial or total reproduction of the EOS website using whatever procedure and whatever means requires prior expressed authorization from EOS. All information, content, files and software provided on the EOS website are protected by the French and international laws concerning intellectual property and copyright. EOS does not authorize the reproduction, representation, copying, displaying or distribution of any content for which the EOS website user does not posses the intellectual property rights. Any use without authorization of this content in fraud of the rights held by EOS and/or by a third party of the latter may constitute counterfeiting, sanctioned by the Intellectual Property Code.


15. Jurisdiction

The present conditions are subject to French law. All disagreements relating to the validity, interpretation, execution or cancellation of the present contract will fall exclusively under French jurisdiction.