Please read these Terms of Service carefully ("Terms") as they contain important information about your rights, obligations and legal remedies. By accessing or using the WEshre Platform, you agree to be bound by these Terms and to comply with them.
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Last updated: June 16, 2019
These Terms constitute a legally binding agreement (the "Agreement") between you and WeShre (as defined below) that governs your access to the WeShre site and your use of this site, including its subdomains and all other sites through which WeShre provides WeShre Services (collectively, the "Site"), our mobile, tablet and smartphone applications and the application program interfaces (collectively, the "Applications"), as well as all associated services (collectively, the "WeShre Services"). The WeShre Site, Application and Services are hereinafter referred to collectively as "WeShre Platform". Our Warranty Terms and Conditions, Participant Refund Policy, and other Policies applicable to your use of the WEshre Platform are incorporated by reference into this Agreement.[ID1]
The terms "WeShre", "we", "us" or "our" used in these Terms refer to the company WeShre SRL ("WeShre"), a company incorporated under Belgian law, registered at the Crossroads Bank for Enterprises under number 0727.881.961 and located at B-4000 Liège, Rue des Acacias 19.
All payment services related to the use of the Whre Platform (the "Payment Services") are provided by Whre or partners, such as Stripe, as provided in the Payment Terms of Service ("Terms of Payment") .
It is the responsibility of the Organizers to identify, understand and comply with all laws, rules and regulations applicable to their Events and Organizer Services. It is the responsibility of the Organizers to identify and obtain the necessary permits, licenses or registrations for the Organizing Services they offer. Some types of Organizer Services are totally prohibited. Sanctions may include fines or other coercive measures. In our Help Center you will find information that will help you identify some of your obligations. If you have questions about local laws that apply to your We Events and Services, contact a lawyer. [ID1]Lien vers le guide de l’organisateur [ID2]lien
1.1 The WEshre Platform is an online marketplace that allows registered users ("Members") and certain third parties who provide services (Members and third parties who provide services are "Organizers" and the services they provide. propose "Organizer Services") to publish these Organizer Services on the WEshre Platform (the "Events") and to communicate and deal directly with Members wishing to reserve such Organizer Services (Members who use Organizer Services are "Participants"). Organizer Services may include activities on one or more days in different categories (the "Events"), as well as other varied services, whether or not related to events.
1.2 As a provider of the WEshre Platform, WEshre does not own, create, sell, sell, provide, control, manage or offer any of the Events or Services offered by the Organizer. WEshre is also not an organizer or retailer of package travel within the meaning of Directive (EU) 2015/2302. The Organizers are solely responsible for their Events and Organizing Services. When Members make or accept a reservation, they enter into a contract between themselves directly. WEshre neither becomes nor becomes a party to any contract between Members, and WEshre is neither a real estate broker nor an insurer. WEshre does not act as an agent of any Member except as provided in the Terms of Payment.
1.3 If WEshre can facilitate the resolution of disputes, WEshre does not control or warrant (i) the existence, quality, safety, suitability or legality of the Events or Organizing Service, (ii) the truth or accuracy descriptions of Events, Ratings, Comments or other Content of Members (as defined below), or (iii) benefits or behavior of any Member or third party. WEshre does not endorse any Member, Event or Organizer Service. All references to a "verified" Member (or similar term) mean only that the Member has undergone an appropriate verification or identification procedure, and nothing else. Such description does not constitute an endorsement, certification or warranty by WEshre of a Member, including its identity, track record, reliability or seriousness. You must always be careful when you decide to participate in an Event, or use other Organizer Services, accept a Participant's reservation request, or have any other exchange or interaction with any other Member, online or in person. The Verified Images (as defined below) are intended only to provide a photographic representation of an Event on the date the photograph was taken, and therefore do not constitute an endorsement by WEshre of any Organizer or any Event.
1.4 If you choose to use the WEshre Platform as an Organizer or as a Co-Organizer (as defined below), your relationship with WEshre is only that of an independent third party contractor, and not an employee, agent, member of a joint venture or associate of WEshre for any reason whatsoever, and you act exclusively for your own account and for your benefit, and not for or on behalf of WEshre. WEshre does not direct or control you, and can not be considered as directing or controlling you, either generally or in accordance with these Terms, including as part of Organizer Services. You acknowledge that you have full discretion to announce your Events or otherwise engage in other business activities or other employment.
1.5 In order to promote the WEshre Platform and increase the visibility of Events to potential Participants, Events and other forms of Member Content may be published on other websites, in applications and e-mails, and in online and offline advertisements in accordance with Article 5. In order to assist Members who speak different languages, WEshre may provide automatic tools to enable Members to translate Events and other forms of Members Content, fully or partially in other languages. Members are free to use these tools in their sole discretion. WEshre can not guarantee the accuracy or quality of these translations, and it is up to Members to check the accuracy of these translations.
1.6 The WEshre Platform may contain links to websites or third-party resources ("Third Party Services"). These Third Party Services may be subject to different Terms of Service and personal data protection practices. WEshre shall not be responsible for the availability or accuracy of such Third Party Services, or the content, products or services available from such Third Party Services. Links to these Third Party Services shall not be construed as an endorsement by WEshre of such Third Party Services.
1.7 WEshre is not responsible for any breakdowns or interruptions of the Internet or telecommunications infrastructure that are beyond its control and which may lead to interruptions in the accessibility of the WEshre platform. WEshre may, on a temporary basis and taking into account the legitimate interests of Members (eg by prior notice), limit the availability of the WEshre Platform or certain areas or functionality of the WEshre Platform if this is necessary due to capabilities limited, to maintain the security or integrity of the servers, or to perform maintenance operations to ensure the proper functioning or improve the operation of the WEshre Platform. This clause applies without prejudice to the provisions of Article 16 (liability). WEshre can enhance or modify the WEshre Platform and add new WEshre Services at any time. WEshre will inform Members of any changes made to the WEshre platform unless these changes are minor or do not materially affect the contractual obligations of the parties.
2.1 To access and use the WEshre Platform, or to create a WEshre Account, you must be a natural person at least 13 years of age or a duly incorporated business, organization or other legal person, recognized and in good standing under laws of the country in which you are established, and have the ability to contract.
2.2 WEshre may submit access and use of the WEshre Platform or certain areas or features of the WEshre Platform, subject to certain conditions or requirements, such as submission to a verification procedure, satisfaction of certain quality criteria and eligibility, the achievement of certain thresholds of Ratings or Comments, or a history of reservations and cancellations of a Member.
2.3 Verification of users on the Internet is difficult, and we are not responsible for the confirmation of the identity of any Member. Notwithstanding the foregoing, for the sake of transparency and for the purpose of fraud prevention, subject to applicable law, we may, but are not required, (i) ask Members to provide us with official identification or other information or to undergo other controls to verify the identities and background of Members, (ii) to consult third-party databases or other sources of information to ascertain whether Members are listed therein, and to request reports from Members. service providers, and (iii) if we have sufficient information to identify a Member, obtain extracts from criminal or sexual (or similar) crime files from local authorities (if available).
2.4 Access to and use of certain areas and features of the WEshre Platform may be subject to separate policies, standards or policies, or may be conditioned upon your acceptance of additional terms and conditions before you can access the applicable areas or features of the WEshre Platform. the WEshre Platform. In the event of a conflict between these Terms and other conditions applicable to a specific area or feature of the WEshre Platform, they will prevail over your access to that area or feature and your use of that area or feature, unless otherwise stated in these.
2.5 By using or downloading the App from the Apple App Store, you agree to the End User License Agreement for the Apple Licensed Application. Parts of the WEshre Platform use Google Maps / Google Earth mapping services, including Google Maps APIs. Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Supplemental Terms and Conditions.
WEshre reserves the right to modify these Terms at any time in accordance with this article. If we modify these Terms, we will post the amended Terms on the WEshre Platform by modifying the "Last Updated" date at the top of the Terms. We will also notify you of changes by e-mail within a minimum of thirty (30) days before the effective date. If you disapprove of the amended Terms, you may terminate this Agreement with immediate effect. We will notify you of your right to terminate the Agreement in the notification e-mail. If you do not terminate your Agreement prior to the effective date of the amended Terms and continue to access or use the WEshre Platform, you will be deemed to have accepted the amended Terms.
4.1 You must create an account (the "WEshre Account") to access and use certain features of the WEshre Platform, such as publishing an Event or making a reservation. If you create a WEshre Account for a company, organization or other legal person, you certify that you have the power to legally bind that legal person and to grant us all the authorizations and licenses provided for in these Terms.
4.2 You can create a WEshre Account by choosing an e-mail address and password, or by using your account with certain third-party social networking services, such as Facebook or Google ("SRS Account"). You may dissociate your WEshre Account from your SRS Account at any time in the "Settings" section of the WEshre Platform.
4.3 You must enter accurate, current, and complete information during the registration process and maintain the information in your WEshre Account as well as the information on your WEshre Public Profile page.
4.4 You are prohibited from creating multiple WEshre Accounts unless WEshre allows you to do so. You may not assign or otherwise transfer your WEshre Account to any other party.
4.5 It is your responsibility to maintain the confidentiality and security of your WEshre Account credentials, and you may not disclose your credentials to any third party. If you believe or have reason to believe that your identifiers are lost, stolen, misappropriated or otherwise compromised, or if your WEshre Account is used or suspected to be unauthorized, you must immediately notify WEshre. You are responsible for all activities carried out with your WEshre Account, unless you have not authorized these activities and you have not been negligent otherwise (for example, by not reporting unauthorized use or the loss of your loggin).
5.1 WEshre may allow Members to (i) create, upload, publish, send, receive or store content, such as text, photos, audio or video content, or other materials and information on or via the Platform WEshre (the "Members Content"), and (ii) access and view Member Content and any content made available by WEshre on or through the WEshre Platform, including proprietary content of WEshre and any licensed content or that a third party has authorized WEshre to use (the "WEshre Content", and in conjunction with the Members Content, the "Collective Content").
5.2 The WEshre Platform, WEshre Content and Members Content may be wholly or partially protected by copyright, trademarks and / or other laws or regulations. You acknowledge and agree that the WEshre Platform and the WEshre Content, including all associated intellectual property rights, are the exclusive property of WEshre and / or its licensors or consenting third parties. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated in, or accompanying the WEshre Platform, WEshre Content or Member Content. . All WEshre trademarks, logos, trade names and other distinctive signs used on or in connection with the WEshre Platform and WEshre Content are protected by intellectual property law. Third party trademarks, service marks, logos, trade names and other proprietary designations used on or in connection with the WEshre Platform, WEshre Content and / or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You are prohibited from using, reproducing, adapting, modifying, creating derivative works from, distributing, licensing, selling, transferring, publicly presenting, transmitting, broadcasting or otherwise exploit the WEshre Platform or the Collective Content, unless you are the sole owner of a certain Member Content, or if these Terms expressly permit you to do so. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by WEshre or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, WEshre grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to (i) download and use the Application on your or your personal devices, and (ii) access the Collective Content made available to you on or through the WEshre Platform, and to view it solely for your personal, non-commercial use.
5.6 WEshre may offer the Organizers the opportunity to use professional photographers to take pictures of their Services offered by the Organizer, which are made available to the Organizers for inclusion in their Events with or without watermark or mark with the words "Photo verified by WEshre.com" or similar mention (the "Verified Images"). It is your responsibility to verify that your Organizer Service is faithfully represented in the Verified Images, and you must stop using the Verified Images on or through the WEshre Platform if they no longer correctly represent your Event, if you no longer provide the Organizer Service. submitted, or if your WEshre Account is closed or suspended for any reason. You acknowledge and agree that WEshre has the right to use any Image verified in accordance with Section 5.5 for advertising, marketing or commercial purposes, including limited use by authorized third parties, in any medium. If WEshre is not the exclusive owner of Verified Images, by using these Verified Images on or through the WEshre Platform, you grant WEshre an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the duration of the protection), assignable and sublicensable to use the verified Images for advertising, marketing or commercial purposes in any medium. WEshre grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use Images verified outside the WEshre Platform solely for your personal, non-commercial use.
5.7 You are solely responsible for all Content of Members that you make available on or via the WEshre Platform. Therefore, you represent and warrant that: (i) you are the sole and exclusive owner of all Content of Members that you make available on or through the WEshre Platform, or that you have all rights, licenses , consents and authorizations necessary to grant WEshre the rights to such Members Content as provided in these Terms; and (ii) neither the Content of Members, nor your publication, loading, publication, submission or transfer of Members 'Content, or WEshre's use of Members' Content (or any part of it) as provided in these Terms will not infringe, deflect or infringe any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or any third party's publicity or privacy rights, nor will it result in the violation of any applicable law or regulation.
5.8 You are prohibited from posting, uploading, posting, submitting or transmitting any Content of Members that: (i) is fraudulent, false, misleading (directly or through omission or failure to update information) or misleading; (ii) is defamatory, slanderous, obscene, pornographic, vulgar or offensive; (iii) incites discrimination, fanaticism, racism, intolerance, hatred, harassment or harm to an individual or group; (iv) is violent or threatening or promotes violence or threatening acts against any other person or animal; (v) promote the activities or use of illegal or dangerous substances; or (vi) violates WEshre's Content Policy or any other WEshre Policy. WEshre may remove or disable access to any Member Content that is contrary to applicable law, these Terms or WEshre's current Policies or Standards, or potentially harmful or unacceptable to WEshre, its Members, third parties or property. When WEshre deletes or disables Member Content, WEshre informs the Member and gives the reasons for that decision unless the notification (i) prevents or hinders the discovery of fraud or other illegal activity, (ii) night to the legitimate interests of other Members or third parties, or (ii) infringes the applicable law. You can appeal this decision by contacting customer service.
5.9 WEshre respects copyright laws and expects its Members to do the same. If you believe that any Content on the WEshre Platform infringes your copyrights, please inform us.
6.1 WEshre may charge a fee to the Organizers (the "Organizer Fee") and / or Participants (the "Participant Fee") (collectively, the "Service Fee") in consideration for the use of the Platform. WEshre. To learn more about the applicable Service Fees and how they are calculated, visit our Service Fees page.
6.2 The applicable Service Fees (including any Applicable Taxes) are communicated to the Organizer before it publishes an Event or to the Participant before it reserves. WEshre reserves the right to change the Service Fees at any time and will notify Members within a reasonable period of time before the new rates become effective. These fee changes will not affect bookings made prior to the effective date of the fee change.
6.3 You are required to pay the Service Fee due to WEshre. The applicable Service Fees (including any applicable taxes) are collected by WEshre. WEshre will deduct any Costs from the Organizer of the posted Price before remitting the payment to the Organizer. All Participant Expenses are included in the Total Fees collected by WEshre. Unless otherwise stated on the WEshre Platform, Service Fees are non-refundable.
7.1 Conditions applicable to all Events
7.1.1 When you create an Event on the WEshre Platform, you must (i) provide complete and accurate information about your Organizing Service (such as the description of the accommodation, its location and dates of availability), (ii) specify deficiencies , restrictions (such as rules of procedure) and applicable conditions (such as the minimum age, skills or physical condition required for a Sports Event) and (iii) provide other relevant information requested by WEshre. It is your responsibility to keep your Event information up-to-date (including availability dates).
7.1.2 You are solely responsible for the pricing (applicable taxes included, as well as any other expenses such as cleaning fees) for your Event ("Displayed Price"). Once a Participant has booked, you can not ask for a higher price than the one in the booking request.
7.1.3 None of the conditions set out in your Event, in particular those relating to cancellations, shall be contrary to these Conditions or to the cancellation conditions that you have selected for your Event.
7.1.4 The photos, animations or videos (collectively, the "Images") used in your Events must accurately reflect the quality and condition of your Organizer Services. WEshre reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Event.
7.1.5 Insertion and Ranking of Events in WEshre Platform Search Results is dependent on various factors, such as Participant's search parameters and preferences, Organizer's requirements, prices and availability dates. , the number and quality of the Images, the customer service and the cancellation history, the Comments and Ratings, the type of Organizer Service, and / or the booking facility. You can find more information about the factors that influence how your Events appear in search results in our Help Center.
7.1.6 When you accept or have pre-approved a Participant's reservation request, you enter into a legally binding agreement with that Participant, and you are then required to provide the Participant Services to the Participant in the manner described in your Event on the date of the reservation request. You also agree to pay the applicable Organizer Fees and any applicable Taxes.
7.1.7 WEshre advises the Organizers to take out suitable insurance for their Organizing Services. Please read your insurance policy carefully, and in particular, make sure you understand any exclusions of coverage and deductibles, and check, among other things, whether your insurance policy covers the actions or omissions of the Participants (and persons for which the Participant has booked, if any) during their stay in your Accommodation or participation in your Event or other Organizing Service.
7.2.1 If you choose to request a deposit for your Event, you must mention it in your Event (the "Security Deposit"). The Organizers are prohibited from requesting a Security Deposit (i) after confirming a reservation, or (ii) outside the WEshre Platform.
7.2.2 Any Event that you publish and the booking of an Event (i) will not violate any agreement you have with third parties, such as union council agreements, condominium regulations or other agreements, and (ii) comply with all applicable laws (such as Planning Acts), tax obligations and other rules and regulations (including obtaining any required permits, licenses and registrations).
7.3.1 WEshre may allow Organizers to authorize other Members (the "Co-Organizers") to manage their Events, to engage them and to perform certain actions authorized by the Organizers in connection with their Events, such as accepting reservation requests, communicate with the Participants, host the Participants and update the amount of the displayed participation and the dates of availability (collectively, the "Services offered by the Co-Organizer"). No agreement between an Organizer and a Co-Organizer may be contrary to these Terms and Conditions of Payment or any other Policy applicable to your Services offered by the Organizer. The Co-Organizers may only act individually and not on behalf of a company or other organization unless expressly authorized by WEshre. WEshre reserves the right, in its sole discretion, to limit the number of Co-Organizers that an Organizer may invite for each Event, and to limit the number of Events that a Co-Organizer may manage.
7.3.2 The Organizers must exercise due diligence when deciding to add a Co-Organizer to their Event (s). The Organizers are responsible for all Events and Content of Members posted on the WEshre Platform created by a Co-Organizer on their behalf. In addition, the Organizers remain responsible for their own actions and omissions, including, in particular, any conduct causing harm or damage to Co-Organizers. The Co-Organizers remain responsible for their own actions and omissions when assuming their role and responsibilities as Co-Organizer, including, in particular, any conduct causing prejudice or damage to the Organizer. In addition, the Organizer and the Co-Organizer are jointly and severally liable in the event of third party claims, including complaints from Participants, in connection with the actions and omissions of the other person in connection with the Events, communication with Participants, and the provision of Co-Organizer Services.
7.3.3 Unless otherwise agreed between the Organizer and the Co-Organizer, the Organizer and the Co-Organizer may terminate the agreement binding them at any time. In addition, the Organizer and the Co-Organizer acknowledge that their collaboration will terminate if WEshre (i) suspends the Co-Organizing Service or (ii) cancels the participation of either party in the Co-Organizing Service. . In the event of termination of the agreement between the Organizer and the Co-Organizer, the Organizer will remain responsible for all actions initiated by the Co-Organizer prior to the termination, including any current or future bookings initiated prior to the termination, that the Organizer will honor, except in case of gross negligence or malicious behavior of the Co-Organizer. When a Member is withdrawn as a Co-Organizer, that Member will no longer have access to any information from the Organizer or Participant related to the Event (s) of that Organizer.
7.3.4 As a Co-Organizer, you will not be evaluated by the Participants, which means that your Co-Organizer activities will not affect the Comments or Ratings of other Events for which you are Organizer . On the other hand, the Organizer of this or these Events will be evaluated by the Participants (including potentially on the basis of the behavior and performance of the Co-Organizer). The Organizers acknowledge that the behavior and performance of a Co-Organizer may affect the Comments and Ratings of the Participants on their Events.
8.1 Conditions applicable to all bookings
8.1.1 Subject to compliance with all the conditions set by WEshre and / or the Organizer (such as submission to a verification procedure), you may reserve a proposed Event on the WEshre Platform by following the appropriate booking procedure. All applicable fees, including the Participation Amount, the Security Deposit (if any), the Participant Fees and any applicable Taxes (collectively, the "Total Fees") will be shown to you prior to the reservation. You agree to pay the Total Fee for any reservation requested with your WEshre Account.
8.1.2 Upon receipt of a reservation confirmation from WEshre, a legally binding agreement is established between you and the Organizer, subject to the applicable additional conditions of the Organizer, including in particular the applicable cancellation conditions. and the rules and restrictions specified in the Event. WEshre covers the Total Expenses at the time of the booking request or upon confirmation by the Organizer in accordance with the Terms of Payment. For some bookings, Participants may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book an Organizing Service on behalf of Additional Participants, you must verify that each of them complies with the conditions set by the Organizer, and is informed of these Terms and other conditions, rules and restrictions by the Organizer and accepts them. If you make a reservation for an additional Participant who is a minor, you represent and warrant that you are legally entitled to act on behalf of the minor. To participate in an Event, minors must be accompanied by an adult who is responsible for it.
8.1.4 WEshre may allow a Participant who makes a reservation on behalf of one or more additional persons (the "Organizer") to allocate the payment of the Total Fee for a qualifying reservation on a proportional basis between the Organizer and at least one additional person (each a "Co-Payer") (the "Group Payment Service"). To participate in the Group Payment Service, each Co-Payer must have or have registered a WEshre Account before making a payment. All payments via the Group Payment Service are processed by WEshre and are subject to the Terms of Service for Group Payments.
8.1.5 You agree to leave the Event no later than the cut-off time that the Organizer specifies in the Event or at another time agreed between you and the Organizer. If you stay after the deadline without the Organizer's consent, the Organizer is entitled to have you leave the Event by means that comply with the applicable law. In addition, you agree to pay, at the request of the Organizer, for each two (2) hour period (full or partial), an additional fee equal to two (2) times the average of the amount of participation shown. Initially by you to compensate for the inconvenience suffered by the Organizer, as well as all applicable Participant Fees, Taxes and all legal costs incurred by the Organizer to discharge the Participant (collectively, the "Exceeding Fees"). ). A Security Deposit, if requested by an Organizer, may be deducted from any Exceeding Fee due for a Participant's Exceeding.
8.2 Booking of Events and other Services offered by the Organizer
8.2.1 You must read carefully the description of any Event or other Organizer Service that you intend to reserve to verify that you (and the other Participants for whom you are booking) meet the conditions specified by the Organizer in its Event, such as the minimum age, abilities, fitness or other. In your sole discretion, you may decide to inform the Organizer of any medical or physical problems, or other circumstances that may prevent you or any other Participant from participating safely in any Event or other Service offered by the Sponsor. 'Organizer. In addition, some laws may apply, such as the legal drinking age in the country where the Event or other Organizing Service takes place.
8.2.2 Before and during an Event or other Organizing Service, you must at all times follow the instructions of the Organizer.
8.2.3 You may not invite additional persons to an Event or other Organizing Service if you have not added such persons as Additional Participants during the booking process on the WEshre Platform.
9.1 The Organizers and Participants are responsible for all booking changes they make on the WEshre Platform or for requesting the WEshre User Support to make (the "Booking Changes"), and agree to pay all the displayed Prices, the Organizer's Fees or Additional Participant Fees and / or any Taxes associated with these Reservation Changes.
9.2 The Participants may cancel a confirmed booking at any time, subject to the cancellation conditions of the Event set by the Organizer, and WEshre will reimburse the amount of the Total Expenses due to the Participant in accordance with these cancellation conditions. Except in the case of extenuating circumstances, all amounts of the Total Fees due to the Organizer under the applicable cancellation conditions will be paid to the Organizer by WEshre in accordance with the Terms of Payment.
9.3 If an Organizer cancels a confirmed reservation, the Participant will be fully refunded the Total Fees paid for that reservation. In certain cases, WEshre may allow the Participant to apply the refund to a new booking, in which case WEshre will credit the amount on the subsequent booking of the Participant at the request of the latter. In addition, WEshre may publish an automatic comment on the Event canceled by the Organizer, indicating that a reservation has been canceled. In addition, WEshre may (i) mark the Event as unavailable or block the dates corresponding to the canceled reservation, and / or (iii) apply a cancellation fee, unless the Organizer has a legitimate reason to cancel reservation in accordance with the WEESTR's Mitigating Circumstances Charter or have legitimate concerns about the Participant's behavior.
9.4 For Events and other Services offered by the Organizer, if the weather conditions present a risk to the safety of the Participants or prevent an Organizer from providing a Service offered by the Organizer which takes place mainly outdoors, the Organizers may cancel the Service proposed by the Organizer. The Organizers may also cancel the Service proposed by the Organizer if there are other conditions that would prevent the Organizer from offering the Service offered by the Organizer in complete safety.
9.5 In certain cases, WEshre may cancel a reservation in progress or confirmed on behalf of an Organizer or Participant and make appropriate refunds and payments. Such cancellation may be decided for reasons set forth in the WEESRE Mitigation Circumstances Charter or for the reasons set out in Article 15 of these Terms. When WEshre cancels a reservation, WEshre notifies the Members concerned and gives reasons for this action, unless this notification (i) prevents or hinders the discovery or prevention of fraud or other illegal activities, (ii) harms the interests other Members or third parties, or (iii) infringes the applicable law. You can appeal this cancellation by contacting customer service.
9.6 If a Participant who books an Event or other Service offered by the Organizer encounters a Problem as defined in the Participant Refund Policy, WEshre may elect to refund to the Participant all or part of the Total Fee in accordance with the Refund Policy. participants.
9.7 If a Participant or WEshre cancels a confirmed reservation and the Participant receives a refund in accordance with the Participant Refund Policy, WEshre's Extenuating Circumstances Policy or the applicable cancellation policy set by the Organizer and mentioned in the Event, after the Organizer has already been paid, WEshre will have the right to recover the amount of the refund from the Organizer, including by subtracting the said amount from the reimbursement of all future Payments due to the Organizer.
9.8 Unless otherwise specified in these Terms, Members may use the WEshre Resolution Center to send or request money for refunds, Additional Services offered by the Organizer, Services offered by the Co-Organizer or Claims related to reservations. You agree to pay all amounts sent via the Resolution Center in connection with your WEshre Account and WEshre will process all such payments.
10.1 Within a certain time after finalizing a reservation, Participants and Organizers may leave a public comment (the "Commentary") and a star rating (the "Rating") about the Event and Organizers and Participants. Ratings and Comments reflect the opinion of individual Members and not that of WEshre. Ratings and Comments are not verified by WEshre and may be unfounded or misleading.
10.2 Ratings and Comments left by the Participants and Organizers must be faithful and must not contain offensive or defamatory terms. Ratings and Comments are also subject to paragraph 5 of these Terms and must comply with the Extortion Policy and Content Policy.
10.3 Members are prohibited from manipulating the Rating and Comment system in any way, for example by asking a third party to write a positive or negative Comment about another Member.
10.4 Ratings and Comments are part of the public profile of a Member and may also appear elsewhere on the WEshre Platform (including the Events page) along with other relevant information, such as the number of bookings, the number of cancellations, the average response time and other information.
11.1 As a Participant, you are required to return the venue of the Event (including any personal effects or other property that is in the venue) to the state you found it on your arrival. You are responsible for your own actions and omissions and those of any person whom you invite to the Event, or to whom you give access, to the exclusion of the Organizer (and of persons whom the Organizer invites).
11.2 If an Organizer claims and provides evidence that you, as a Participant, have caused damages in a faulty manner (the "Damage Claim"), the Promoter may request payment through the Resolution Center. If an Organizer reports a claim for damages to WEshre, you will have the opportunity to respond. If you agree to pay the Organizer, or that WEshre, in accordance with any applicable rule on the burden of proof, establishes your liability under the Damage Claim, WEshre, via WEshre, after the end of the Event , will collect from you and / or withdraw from the Security Deposit (if applicable) the amount necessary to resolve the Damages Claim in accordance with the Terms of Payment. In addition, WEshre reserves the right to recover any amount from you and to exercise all remedies available to you in the event that your liability for a Claim for Damages is established, including, without limitation, link to any request for payment made by an Organizer under the WEshre Organizer Guarantee. You may appeal a decision made by WEshre under section 11.2 by contacting customer service. The decisions made by WEshre in connection with a Damage Claim do not affect your contractual or legal rights. This clause does not affect your right to sue in court.
11.3 Members agree to cooperate with and assist Usshre in good faith, to provide WEshre with the required information and to take reasonable steps requested by WEshre, with respect to all Claims or other claims made by WEshre. Members regarding (i) Events or (ii) any personal effects or other property in the venue of the Event (including, without limitation, claims for payment made under the WEshre Organizer Warranty) or (iii) Co-Organizers Agreements or (iv) a Group Payment Reservation. At the reasonable request of WEshre, the Member shall participate with the Organizer in a mediation or similar free dispute resolution proceeding, directed by WEshre or a third party chosen by the latter or its insurer, in the event of losses for which a Member claims payment to WEshre (including, without limitation, payments under the WEshre Organizer Guarantee). Members have the right to terminate their participation in mediation or any similar dispute resolution process at any time. This clause does not affect a Member's right to sue in court.
In general, WEshre assumes the payment of the amounts that are payable by the / to the Participants or Organizers in the smallest unit supported by a given currency (eg euro cents or other currencies supported) . If a third party payment provider of WEshre does not support payments in the smallest unit supported by a particular currency, WEshre may, in its sole discretion, round up the amounts posted payable by the / the Participants or Organizers to the The nearest functional whole (upper or lower) of the denominated currency (ie the euro or any other supported currency nearest). For example, WEshre can round an amount of € 11.50 to an integer greater than € 12 and round off an amount of € 11.49 to the integer less than € 11.
13.1 As the Organizer, you are responsible for determining your reporting, collection, payment, or inclusion in your posted Price of any applicable VAT or other indirect sales tax, occupancy taxes, or income taxes (the "Taxes").
13.2 Fiscal regulations may require us to collect relevant Tax Data concerning the Organizers, or to apply withholding tax deductions on the payments we make for their benefit, or both. If an Organizer does not provide us with the required documentation in accordance with applicable law (eg tax ID number) to fulfill our obligation (if any) to withhold Taxes on the payments we make to you, we reserve the right to withhold payments up to the taxable amounts as required by law until resolution.
13.3 You understand that any relevant government agency, department and / or authority (the "Tax Administration") on which your Event depends may require the collection of Taxes from the Participants or Organizers on the displayed Price, and the transfer of such Taxes to the appropriate tax administration. The laws vary from country to country but these taxes can be collected and paid in the form of a percentage of the posted price fixed by the Organizers, of a fixed amount per Event, or other variants (the "Event Taxes").
13.4 In any case the Organizers and Participants are solely responsible for the collection and / or payment of all Occupancy Taxes applicable to Events.
14.2 You acknowledge that WEshre has no general obligation to monitor Members' Content or actively seek out facts and circumstances that indicate unlawful activity, but that WEshre has the right to verify, disable access to, or modify the Members' Content, in order to (i) exploit, protect and enhance the security of the WEshre Platform (including, without limitation, for the purposes of fraud prevention, risk assessment, investigation and user assistance ); (ii) verify compliance with these Terms by Members; (iii) comply with the applicable law, the order of a court, or the requests of the police, the courts or other public agencies or state bodies; (iv) react to Members' Content that is judged to be harmful or unacceptable; or (v) for other purposes provided for in these Terms. Members undertake to cooperate with and assist Weshre in good faith, to provide WEshre with the required information and to take reasonable steps requested by WEshre, in connection with any investigation conducted by WEshre or a WEshre agent on the use or misuse of the WEshre Platform.
14.3 If you believe that any Member with whom you interact, online or in person, has or has behaved inappropriately, including, without limitation, any person (i) who has offensive, abusive or sexually inappropriate behavior, (ii) that you believe that this person has stolen something from you, or (iii) that causes any trouble in any way, you must immediately report it to the appropriate authorities, then to WEshre, giving us the contact details of the police station police number and police report number (if available). You agree that your report does not require us to take any measures other than those provided for by law (if any).
15.1 This Agreement will be valid until you or WEshre terminate(s) the Agreement as described below.
15.2 You may terminate this Agreement at any time by sending us an e-mail. If you delete your WEshre Account as an Organizer, all confirmed bookings will be automatically canceled and your Participants will receive a full refund. If you delete your WEshre Account as a Participant, all confirmed bookings will be automatically canceled and any refund will depend on the cancellation conditions of the Event.
15.3 Without limiting our rights as set forth below, WEshre may terminate this Agreement for convenience at any time by giving you thirty (30) days notice by e-mail sent to your registered e-mail address.
15.4 WEshre may immediately and without notice terminate this Agreement and / or cease to provide you with access to the WEshre Platform if (i) you have substantially breached your obligations under these Terms, the Terms of Payment, our Policies or our Standards, (ii) you have violated applicable laws and regulations or third party rights, or (iii) such action is necessary to protect the security or property of WEshre, its Members or third parties (for example, in case of fraudulent behavior of a Member).
15.5 In addition, WEshre may take any of the following measures: (i) to comply with applicable law, court order, or the demands of the police, the courts or other public agencies; State bodies, or if (ii) you have violated these Terms, the Payment Terms, our Policies or Standards, applicable laws and regulations or the rights of third parties, (iii) you have provided inaccurate, fraudulent information , obsolete or incomplete when creating the WEshre Account, creating the Event or later, (iv) you and / or your Events or Organizer Services do not meet the criteria of quality or eligibility at any time (v) you have repeatedly received Poor Ratings or Negative Feedback, or WEshre is otherwise informed or is receiving complaints about your performance or behavior, (vi) you have repeatedly confirmed reservations or you have not responded to reservation requests without legitimate reason, or if (vii) WEshre considers that such action is necessary to protect the security or property of WEshre, its Members or third parties, or to prevent fraud or other illegal activities:• refuse to post, delete or post Events, Ratings, Comments or other Content of Members;• cancel current or confirmed bookings;• limit your use of or access to the WEshre Platform;• temporarily or permanently revoke a special status associated with your WEshre Account;• temporarily suspend or, in case of serious and repeated infringements, your WEshre Account permanently and stop providing access to the WEshre Platform. In case of minor infractions and if necessary, you will be notified of any action envisaged by WEshre and will have the opportunity to resolve the problem in a reasonably satisfactory manner for WEshre.
15.6 If we take any of the measures described above, (i) we may fully refund your Participants for all confirmed bookings, regardless of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for outstanding or confirmed bookings that have been canceled.
15.7 In the event of termination of this Agreement, you are not entitled to a restoration of your WEshre Account or any of your Member Content. If your access to the WEshre Platform or your use of the WEshre Platform has been restricted, your WEshre Account has been suspended, or we have terminated this Agreement, you will not be able to create a new WEshre Account or access the WEshre Platform. or use it via the WEshre Account of another Member.
15.8 If WEshre makes any of the decisions set out in section 15, you may appeal this decision by contacting our customer service department.
WEshre can be held liable under the applicable legal provisions for intentional and serious misconduct by us, our legal representatives, directors or agents. This also applies to the presumption of warranties or other objective liability or in the case of wrongful injury to life, limb and / or health. WEshre is liable for breaches of essential contractual obligations by us, our legal representatives, directors or agents; this responsibility is limited to the typical foreseeable damage that may occur. The essential contractual obligations are obligations of WEshre which you expect to be fulfilled and on the fulfillment of which you must be able to count for the proper performance of the contract. Any other responsibility of WEshre is excluded.
To the extent permitted by applicable law, you agree to discharge, defend (if WEshre so wishes), indemnify and relieve WEshre, its affiliates and subsidiaries, including, without limitation, WEshre s, as well as their officers, directors, employees and any liability for any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to (i) your -respect of these Terms or our Policies or Standards, (ii) your improper use of the WEshre Platform or WEshre Services, (iii) your interaction with any Member, your participation in an Event or other Service offered by the Organizer your participation in the Group Payment Service, including, without limitation, any prejudice, loss or damage (compensatory, direct, incidental, intangible or otherwise) of any kind related to or resulting from such interaction, stay, participation or use, (iv) your violation of any law, regulation or right of any third party.
In accordance with this Article, this indemnification obligation applies only if and insofar as the claims, liabilities, damages, losses and expenses have been sufficiently caused by your breach of a contractual obligation.
We invite you and encourage us to share your comments and suggestions with us so that we can improve the WEshre Platform ("Remarks"). You can send us your Comments by e-mail, in the "Contact" section of the WEshre Platform, or by any other means of communication. No Note that you transmit to us is considered confidential or proprietary. By submitting your Notes to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and sub-licensable license to use and publish these ideas and materials for any purpose, without any compensation to you.
These Terms are governed by and construed in accordance with Belgian law. If you act as a consumer and if the mandatory legal regulation of consumer protection in your country of residence contains provisions that are more advantageous for you, these provisions apply regardless of the choice of Belgian law. As a consumer, you may take legal action in connection with these Conditions in the competent court of your place of residence or the place of jurisdiction of WEshre's place of business in Belgium. If WEshre wishes to assert any of its rights against you, as a consumer, it can only do so in the courts of your jurisdiction. If you act as a legal person, you accept the exclusive jurisdiction of the Belgian courts. The language of the proceedings will be French or English.
You can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr[ID1] . Please note that WEshre is not obligated and does not undertake to use an alternative dispute resolution method to resolve any disputes with consumers. [ID1]lien
20.1 These Terms, together with any additional terms, policies, rules or standards that supplement them, constitute the entire agreement between WEshre and you regarding the subject matter hereof, and supersede all prior verbal agreements and understandings. or written, between WEshre and you regarding access to the WEshre Platform and its use.
20.2 No joint venture, partnership or employer-employee or principal-agent relationship exists between you and WEshre as a result of this Agreement or your use of the WEshre Platform.
20.3 These Terms of Service do not confer and are not intended to confer rights or remedies on anyone other than the parties.
20.4 If any provision of these Terms is declared invalid, void or unenforceable, that clause will be canceled without its cancellation affecting the validity and enforceability of the remaining clauses.
20.5 The fact that WEshre does not require the respect of a right recognized by these Terms or a provision of these Terms shall not constitute a waiver of such right or provision unless we acknowledge and accept it in writing. Except as expressly provided in these Terms, the exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedy available to it under these Terms or the law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without the prior written consent of WEshre. WEshre may, without limitation and in its sole discretion, assign, transfer or delegate this Agreement and any rights and obligations hereunder with 30 days notice. Your right to terminate this Agreement at any time remains intact.
20.7 Unless otherwise indicated, all notices or other communications authorized or required herein by the Member, shall be made electronically and delivered by WEshre by e-mail, notification on the WEshre Platform or messaging service.
20.8 If you have any questions about these Terms, send us an e-mail.