General terms of use Beyond The Beach

General Terms of Use 

 

THIS IS LONG DOCUMENT AND CONTAINS MANY IMPORTANT PROVISIONS ON YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE TO ADDRESS WWW.BEYONDTHEBEACH.US YOU AGREE TO BE BOUND BY THESE TERMS OF USE. WE ENCOURAGE YOU TO PRINT A COPY FOR YOUR RECORDS.

 

1. Binding stakeholders

Beyond The Beach is a one-man company by simplified action with a capital of 1 000,00 euros , with registered office at 3 , rue de la Jeunesse , Enclosure, 97233 Schoelcher (Martinique), registered with the trade register and companies Martinique under number 815 090 212 ( hereinafter ” Beyond the Beach ” or “we “).

We have created and we operate the website accessible at www.beyondthebeach.us ( hereinafter the “Site Beyond The Beach “) whose purpose is to be a service company through interfaces digital and electronic, including brokerage services in the areas of hospitality, catering, excursions, tours and activities.

By using the Site Beyond The Beach, you agree to be bound by these Terms of Use which form a contract between Beyond The Beach and yourself ( hereinafter the ” Framework Agreement “). You are skilled in this context of “User”.

If you refuse to be bound of this Framework Agreement, you may not use the Site and Beyond The Beach must imperatively leave.

 

2. What we offer through the Site Beyond The Beach

We have set up the website Beyond The Beach to facilitate your meeting with one person or several persons sharing a meal, a tour, an activity.

 

3. Become a guest through the website Beyond The Beach

If you ‘re feeling the soul of a guest , you can search on the website Beyond The Beyond the Encounter  match your desires. You will be qualified as ” Guest .”

 

4. Our role on the website Beyond The Beach

Our role is to connect the providers on one hand and on the other hand guests through an SEO performed on the website Beyond The Beach ( hereinafter the “Relationship Commissioning Service” ) .

The Site Beyond The Beach and serves marketplace and exchange platform . It is used to reference the deals of providers responding to a number of objective criteria , key information on them as well as contributions from guests.

Providers, however, remain entirely free to set specific conditions of their meetings.

Our Relationship Commissioning service is open only to individuals aged over 18 years and / or having the legal capacity to contract.

 

5. Use of the services offered by our partner, the company Mangopay

Beyond The Beach is a distributor of Mangopay SA, a Luxembourg company with capital of 500,000 Euros, whose headquarters is located 26-28 Rives de Clausen, L-2165 Luxembourg, registered with the Trade Register of Luxembourg Companies under number B173459 (hereinafter designated “Mangopay”).

Mangopay provides transmission services, use and management of electronic money. These services are offered on the website as payment of a Beyond The Beach Meeting. No other method of payment is proposed on the website.

Prior to becoming provider or guest, please read the general conditions of use of electronic money MANGOPAY issued by Mangopay.

If you become a provider or a guest, you agree to be bound by the Mangopay’s terms.

Creating a provider account  or a guest account includes the creation of an “Account” under the Terms MangoPay. Accepting a Beyond The Beach Meeting by a Guest constitutes a “Transaction” under Terms MangoPay.

 

6. Your publications on the website Beyond The Beach

If you are a provider, we also offer you the ability to publish on the website Beyond The Beach a set of content enabling users to know you and know the details of the deals you offer.

If you are a guest, we also offer you the opportunity to review under a Beyond The Beach Meeting at which you attended.

You remain solely responsible for user content and warrant Beyond The Beach against any action that may be initiated against the fact of user content.

By publishing such User Content on the Site Beyond The Beach :

you expressly agree that it is made publicly available ;

you are allowing everyone, including people who do not use the Site Beyond The Beach, access to such User Content, and to use it, but also to associate it with you ;

You acknowledge that User Content does not confer any right of any kind this being especially no property rights, including intellectual property on the Site Beyond The Beach and / or its contents (other than User Content taken isolated way) ;

you authorize us to use the User Content without payment, and in particular to exploit the User Content both for external and internal communication, as institutional capacity, events, promotional or advertising.

 

7. Financial conditions

A participation fee is requested for guests to each Beyond The Beach Meeting as a lump sum payable prior to the Beyond The Beach Meeting.

Each provider as a person agrees to use the Site Beyond The Beach occasionally and not to use it for profit.

The provider as a person are encouraged to keep any proof of expenses for each Beyond The Beach Meeting.

Beyond The Beach receives remuneration in the form of a commission in return for its Relationship Commissioning Service.

Beyond The Beach will charge the guests a total amount, which includes the price displayed by the experience builder (the “hospitality”) and service charges.

 

8. Terms and payment

Payment of the contribution requested by the provider and of our commission, including tax, due to a Beyond The Beach Meeting are made by the Guest before the scheduled date of the concerned Beyond The Beach Meeting, upon acceptance by the latter, in electronic money through collaborative payment module “MangoPay Wallet” of Mangopay. This payment is a “Payment Transaction”.

 

9. Applicable regulations

We invite you to read the regulations, whether fiscal, administrative, or any other nature that may apply to you if you’d be a provider or a guest.

You agree to only offer, serve alcoholic beverages during a meeting Beyond The Beach except in accordance with applicable regulations. Alcohol abuse is dangerous for health. The liquor stores are subject to special regulations the contravention of which is likely to penalties.

You agree to respect the rules of the condominium in which takes place a Beyond The Beach Meeting.

 

10. Changing the Master Agreement

This Framework Agreement is a contract of adhesion that can not be changed unilaterally and at the initiative of Beyond The Beach. Beyond The Beach reserves the right to modify this Agreement at any time frame. Any amendment shall enter into force upon publication on the Site Beyond The Beach.

By continuing to use the Site Beyond The Beach, you agree to be bound, as amended by the Agreement Framework.

If you reject the amendments made, you can not use the Site Beyond The Beach and must imperatively leave it.

We encourage you to print a copy of each version of the Framework Agreement that would apply to you for your records.

 

11. Exclusions and limitations of liability of Beyond The Beach

11.1. Limitation of liability Beyond The Beach because of user content

Beyond The Beach act within this framework as a content host, by the meaning of the law.

Beyond The Beach can not be held responsible for user content it has stored at the request of a user unless, having obtained knowledge of the unlawful nature of the user contained in the forms and conditions of French law, Beyond The Beach did not promptly removed or rendered inaccessible said user content.

 

11.2. Exclusion of liability Beyond The Beach under the access to the site Beyond The Beach

Beyond The Beach is not bound to any obligation of results or from any obligation of means regarding the operation of the site Beyond The Beach.

Beyond The Beach can not be held responsible for any error, omission , interruption, deletion , defect , delay in operation or transmission, theft or destruction or unauthorized access to , or alteration of any communication with any user.

Beyond The Beach reserves the right to temporarily suspend access to its services for technical reasons or maintenance without these operations are eligible for any compensation.

 

11.3. Limitation of Liability Beyond The Beach under the matchmaking services

La responsabilité de Beyond The Beach vis-à-vis du Bâtisseur d’Expérience ou vis-à-vis de l’invité au titre du service de mise en relation qu’elle propose est limitée au montant de la commission qu’elle a perçue de celui-ci pour le service de mise en relation en cause.

Ainsi, dans le cas où vous subiriez un préjudice, de quelque nature qu’il soit, du fait d’une faute commise par Beyond The Beach dans le cadre de l’exécution d’un service de mise en relation, l’indemnisation que vous pourriez obtenir de Beyond The Beach sera limitée au montant de la commission que vous lui avez versée pour le service de mise en relation en cause.

The responsibility of Beyond The Beach with the provider or the guest under the matchmaking service it provides is limited to the amount of the commission it received thereof for the matchmaking service in question. So in the event you experience a loss, of whatever nature, due to a foul by Beyond The Beach as part of running a matchmaking service compensation that you might get Beyond the Beach will be limited to the amount of commission you paid him for the matchmaking service in question.

 

11.4. Exclusion of liability of Beyond The Beach under  Beyond The Beach’ meetings themselves

The responsibility of Beyond The Beach with the provider or the guest will in no case be engaged under the proper conduct and / or the successful completion of meetings Beyond The Beach .

Beyond The Beach is in no case guarantees the relevance and / or accuracy and / or completeness of the information exchange in the framework of a meeting Beyond The Beach or on the website Beyond The Beach.

 

11.5. Exclusion of liability of Beyond The Beach under the misconduct of a user

The responsibility of Beyond The Beach will in no case be instituted for a foul committed by a user, including whether the fault location as part of Beyond The Beach of use or service offers by Beyond The Beach.

 

11.6. Exclusion of liability Beyond The Beach under the proposed ancillary services

With the exception of the liability related to the matchmaking service and framed above, responsibility for Beyond The Beach will in no event be liable for other services offered free of charge on the website Beyond The Beach.

 

11.7. Exclusion of liability Beyond The Beach under third party websites

The website Beyond The Beach may contain hypertext links to other websites owned and / or operated by persons other than Beyond The Beach (hereinafter , the ” third party websites “). The responsibility of Beyond The Beach will in no case be engaged because of the products and / or services offered and / or the content of such third party websites . In particular , but are not limited to, Beyond The Beach will not know responsible for the accuracy , adequacy or completeness of the contents of these third party websites or can not be held responsible for any or all of those. The responsibility of Beyond The Beach could not be committed in case of failure of payment service offers by her partner.

 

11.8. Exclusion of liability of Beyond The Beach under the regulations applicable to a Beyond The Beach encounter 

 

The user undertakes to respect the regulations, including, but are not limited to, tax, administrative and civil, as may be applicable as a the provider, the guest or simple user.

The responsibility of Beyond The Beach can not be held because of the contravention by a user with the applicable regulations.

 

11.9. General Disclaimer for Beyond The Beach

More generally, and unless expressly provided otherwise, in any case Beyond The Beach or its officers, employees or agents shall not be liable for any damages, direct or indirect resulting from the use of the site Beyond The Beach or services offered there of all site content Beyond the Beach or other items accessible or downloaded from the site, although Beyond the Beach is aware or has been advised of the possibility of such damages.

 

12. Property of Beyond The Beach on the content of the website Beyond The Beach

 

Site elements and in particular editorial content, graphics, logos, brands, drawings, texts, icons, his scripts, applications, software and functionality, with the exception of User Content (hereinafter collectively the “Site Content”) are the exclusive property of Beyond the Beach or its assigns. The reproduction, imitation or affixing partial or total, of any part of the Site Content owned by Beyond The Beach is strictly prohibited without the prior written consent of Beyond The Beach.

Site Content may not be modified, copied, distributed, framed, reproduced, downloaded, displayed, posted, transmitted or sold in any form or by any means whatsoever, in whole or part without the written agreement prior Beyond The Beach.

You may use the Site Beyond The Beach and the Site Content as provided herein. Any use of the Site Beyond The Beach or the Site Content other than as provided hereby, or in contravention of applicable law or rights of third parties is strictly prohibited.

 

13. Other obligations that applies to you in your use of the website Beyond The Beach

You agree not to use the website Beyond The Beach, the site of the Content, User Content, the Down Service Relationship and other services offered on the Website of Beyond The Beach – An illegal manner or in a manner prejudicial to Beyond The Beach, other users or third parties, or under conditions that could damage, disable, overburden, or impair the Site Beyond The Beach :

– To disseminate, publish, or store on the Site Beyond The Beach illegal content (hereinafter referred to a “Content Illegal”), including, but are not limited to, a racist, anti-Semitic, discriminatory, pedophile, inciting violence, racial or ethnic hatred, malicious, bigoted, vulgar, obscene, fraudulent, harmful, unlawful, abusive, defamatory, invasive of privacy or image rights, infringing on property rights intellectual, or otherwise objectionable;

– To disseminate any material that contains software viruses or any code, files or programs designed to interrupt, destroy or limit the functionality of software, computer or telecommunications equipment;

– To provide products or services to the Site Users Beyond The Beach other than Love Beyond The Beach;

– To extract or collect email addresses or other information to Users, experience Builders and / or guests for any other purpose than to offer or receive a meeting Beyond The Beach, and including, but are not limited to, commercial purposes, for purposes of sending unsolicited communications or for collection systematized information;

You specifically agree not to use automated scripts to collect information from the Site Beyond The Beach or interact with the relationship Commissioning Service or the Site Beyond The Beach.

 

14. Let us know as soon as you notice illicit Content

If you notice on the website Beyond The Beach illegal Content, you may send a written notification by e-mail at direction@beyondthebeach.fr with the following information : (1) identification of the content in question , (2) information allowing us to locate the content in question on the Site Beyond the Beach ( 3) information that allows us to contact you , (name, surname (s) , mailing address, telephone number , email address and , if applicable , the name of the entity on whose behalf you are working , mailing address , registration number) , (4) certificate , if any , that you are the holder of intellectual property rights or image rights or person concerned or authorized to act on behalf of such holder .

 

15. Excluded – Removing access to the website Beyond The Beach

Without prejudice to its right to call you a guarantee and / or ask for redress of damages Beyond The Beach reserves the right to remove unilaterally and without notice your access to Beyond The Beach if you are guilty of infringement of intellectual property rights or if you have published on the Site Beyond the Beach an illicit content.

Beyond The Beach also reserves the right to exclude , with advance notice, its offers a service that no longer meet the quality requirements, or other serious and valid reasons to be justified provider concerned.

 

16. Cookies and personal information

 

You acknowledge and agree that Beyond The Beach can store personal information and other information about you on your computer in the form of “cookies”. The use of cookies only affects the operation of the Site Beyond The Beach. You acknowledge and agree that if you prohibit or restrict the filing of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site Beyond The Beach. You acknowledge and agree that Beyond The Beach can also store personal information about you on its computers in France or outside its borders. By using the Site Beyond The Beach, you acknowledge and agree that Beyond The Beach may, in its sole discretion:

– Maintain or disclose this information if required by law or if there are serious reasons for considering that preservation or disclosure of such information is necessary to comply with legal process;

– Enforce the terms of the Master Agreement;

– Respond to complaints about any User Content or any meeting Beyond The Beach prejudicial to the rights of third parties;

– Protect the rights, property and safety of Beyond The Beach, the users or the public.

 

17. Legal information

The website Beyond The Beach was developed by the company Beyond The Beach SASU .

Beyond The Beach has all proprietary rights in the Site Beyond The Beach and on the Site Content .

Beyond The Beach acts as publisher of the Site Beyond The Beach.

The publishing director of the site Beyond The Beach is the founder of Beyond The Beach, Ms. Leslie FERRATY .

The Site Beyond The Beach is hosted by OVH.

 

18. Contacts

 

For questions related to the website Beyond The Beach or operation of the Service Down relationship, you can join Beyond The Beach at the following:

– by mail : Beyond The Beach 3 rue de la Jeunesse , Enclosure 97233 Schoelcher , Martinique

– by e-mail : contact@beyondthebeach.fr

– by phone: +596 696 98 60 29

 

19. Applicable right

This framework contract, matchmaking service, other services offered by Beyond The Beach on the website Beyond The Beach and use of the website Beyond The Beach are subject to French law.

 

20. Jurisdiction – jurisdiction clause

Unless public policy provision otherwise applicable, any dispute between Beyond The Beach yourself under this framework contract, the matchmaking service, other services offered by Beyond The Beach on the website Beyond The Beach or the use of the site Beyond the Beach will be submitted to the territorial jurisdiction of competent courts of appeal from the court of Fort-de-France, Martinique.

 

21.Amicable settlement of disputes

Prior to the competent court in the context of such a dispute, please (but is not an obligation) to contact our claims in an attempt to previously resolved by amicable dispute.

Our claims service can be contacted:

– By email : contact@beyondthebeach.fr,

– By phone +596 696 98 60 29,

– By mail:

Beyond The Beach

3 rue de la Jeunesse, Enclos

97233 Schoelcher, Martinique