Terms of sales
Article 1. Legal mentions
The present General Sales Conditions (hereinafter the “GCS”) define the terms and conditions of the DayParGolf service offered by the company:
C2A INNOV (hereinafter “the Company”), a simplified joint stock company, whose headquarters are located at 106 route de Roanne – 42460 VILLERS – France, registered with the R.C.S. of ROANNE under the number 911 314 474.
Any use of the Service is subject to compliance with the General Terms of Sale by the Subscriber (hereinafter “Subscriber” or “Subscriber”)
The website https://www.daypargolf.com is hosted by the company o2switch.
Article 2. Language of the contract
The Subscription may be concluded in different languages. The Subscriber may choose the language on the Site, i.e. French or English. By selecting a language, the Subscriber certifies that he/she has a full understanding of the General Terms and Conditions of Sale and any other information posted on the Site in the language chosen. If the Subscriber is not sure that he or she fully understands the General Terms and Conditions of Sale, the Subscriber is advised not to subscribe to the Subscription via the Site and to contact C2A INNOV’s support team, whose contact details are given in Article 10 entitled “Contact”.
IF ONLY FRENCH IS AVAILABLE: Subscriptions can only be taken out in French. The Subscriber certifies that he/she has a full understanding of the General Terms and Conditions of Sale and of all other information posted on the Site. If the Subscriber is not sure that he or she fully understands the General Terms and Conditions of Sale, the Subscriber is advised not to subscribe to the Subscription via the Site and to contact C2A INNOV’s support team, whose contact details are given in Article 10 entitled “Contact”.
Article 3. Presentation of the DayParGolf service
The DayParGolf Service is a web application dedicated to golf on which Subscribers (golf structures) can propose customizable and configurable content that will be visible on a mobile application used by golfers playing (or not) on the course.
The mobile application can be downloaded free of charge, and can be used with any type of mobile (IOS, Android).
The mobile application offers each golfer the possibility to rate their score on each hole of the course, and to visualize their ranking among the other players of the day.
By subscribing to the DayParGolf service, the Subscriber can register and set up his golf course in the database accessible and visible by all golfers on the mobile application.
The Subscriber has the possibility to enrich his golf course with customizable content (texts, photos or drawings) in order to promote his structure and his golf course. The Subscriber can also modify his content whenever he wants, as long as his subscription is still active.
The Subscriber can protect and limit access to the DayParGolf service for his golf course to his members and golfing clients by using a password.
The Subscriber can send messages at any time to his members and golfing clients who use the DayParGolf mobile application.
The Subscriber can also take advantage of many other existing (or future) features of DayParGolf service.
The Company offers a free unlimited subscription to the DayParGolf service for any subscriber (golf structure) which undertakes to respect the General Conditions of Sale.
By agreeing to use all or part of the Service offered by the Company on the Site, the Subscriber agrees to be bound by the General terms and conditions of sale, without restriction or reservation, and acknowledges having read them in their entirety.
Article 4. Acceptance of the General sales conditions
The subscription to DayParGolf Services from the website is subject to the express acceptance of the present GCS by the Subscriber.
The editor reserves the right to revise, update, modify at any time and without notice, the application as well as the present GCS.
All new features that extend or enhance the Service are subject to the GCS. Continued use of the Service following such changes constitutes Subscriber’s consent to such changes.
The Subscriber will be able to consult the latest version of the GCS directly on the https://www.daypargolf.com website.
The Subscriber is therefore advised to consult the GCS frequently in order to be aware of and take into account any updates to the GCS.
Any violation of the General Terms and Conditions of Sale and/or the General Terms and Conditions of Use may result in the termination of the Subscriber’s Contract and the closing of the Subscriber’s account with C2A INNOV, in accordance with the provisions of Article 9 of these GCS.
In case of disagreement with these GCS, the Subscriber may not subscribe. Any subscription with reservations is considered null and void.
Article 5. Conditions of access to the service
To access the Service, a subscription must be taken out directly online on the https://www.daypargolf.com website.
The Subscriber must ensure prior to the subscription that he meets the necessary conditions as defined below.
5.1 TERMS AND CONDITIONS OF SUBSCRIPTION TO A FREE SERVICE
5.1.1 Subscription steps
In accordance with the provisions of Article 1127-1 of the Civil Code, the Subscriber must follow a series of steps to conclude the Subscription Contract electronically in order to complete a Subscription.
Before any Subscription, the User must register on the https://www.daypargolf.com website.
The Subscriber will have to fill in a first form by providing a valid email address, a subscriber name, an address, a phone number and a password.
In order to validate his subscription, the Subscriber is asked to read the GCS and to check the box “I accept the General Sales Conditions”.
By checking these boxes, the Subscriber declares that he/she has read, understood and accepted the General Terms and Conditions of Sale, and that he/she has provided accurate, truthful, up-to-date and complete information.
Once these steps have been completed, the Subscriber will be able to access his personal account on the DayParGolf website. From that moment on, the Subscriber will be able to set up his golf course and complete it with his personalized content. After validation of the content, the golf course will be immediately available on the DayParGolf mobile application.
5.1.2 Conditions relating to the Subscriber
When the Subscriber takes out a Subscription, he/she becomes the Subscriber. The Subscriber declares that he/she is of legal age under French law, has the legal capacity to use the Service, and accepts without reservation the General Terms and Conditions of Sale.
When subscribing to a Subscription, and during the entire period of execution of the present contract, the Subscriber must provide accurate information, in particular his identity and contact information.
Any false information is prohibited by law and may result in the liability of its author. If the Subscriber provides false, inaccurate, outdated, or incomplete information, C2A INNOV is entitled to suspend or cancel the Subscription and the Subscriber’s account, and to deny the Subscriber access to all or part of the Service in the future, in accordance with the conditions set forth in Section 8 herein.
The Service is provided exclusively through electronic means.
In order to effectively benefit from the Service, the Subscriber must have Internet access and a valid e-mail address.
It is the Subscriber’s responsibility to take all necessary steps to be able to consult the information sent by C2A INNOV to the e-mail address provided at the time of subscription and to keep their equipment in good working order.
The Subscriber is particularly advised to check his e-mail regularly: information relating to the Site and the Service will be sent to the e-mail address provided at the time of subscription.
Accounts created by robots (“bots”) or any other automated methods are not allowed.
The Subscriber is responsible for maintaining the security of his or her account and access identifiers. C2A INNOV cannot be held responsible for any loss or damage resulting from failure to comply with this security obligation.
5.1.3 Subscription confirmation
Subscription to the service will be confirmed by email sent to the address indicated on the Subscriber’s account.
5.2 Opening of access to the service
The Administration Interface is accessible immediately after subscription, the Subscriber receiving a confirmation of his registration by e-mail.
Article 6. Subscriber's obligations
6.1 Provision of accurate information and identification
The Subscriber agrees to provide accurate contact details to C2A INNOV. C2A INNOV reserves the right to demand a photocopy of a valid identity document (National Identity Card or Passport) in order to comply with any request made by the public authorities in this regard.
Access to the Service is only possible after validation by C2A INNOV of the contact details (last name, first name, address) declared by the Subscriber.
In all correspondence, whether electronic, postal or telephone, addressed to C2A INNOV, the Subscriber must mention his or her last name, first name and e-mail address and, where possible, a valid telephone number. Any incomplete request will not be processed by C2A INNOV.
For any request to modify the Service or information concerning the Subscriber, change the payment method, modify the Subscriber’s address, bank details, etc., or to terminate the Contract, the Subscriber must provide C2A INNOV with his or her first and last name and e-mail address. Any incomplete request will not be processed by C2A INNOV.
6.2 Updating the subscriber's information
The Subscriber agrees to update his or her contact and banking information as and when changes occur, so that the Subscriber’s information available to C2A INNOV or its online payment service provider is up to date throughout the term of the Agreement.
6.3 Providing OF accurate and appropriate content
The Subscriber undertakes to set up his or her golf course with accurate information about the course, in particular the actual “Par” and “Handicap” values for each hole.
The Subscriber agrees to enrich his golf course with appropriate and suitable personalized content (photos, drawings or texts) respecting the morals, values and rules of conduct of our company.
The Subscriber must not, in any way whatsoever, for example, by photos, drawings or texts, infringe the law, public order, good morals and/or the rights of third parties (trademark law, copyright, database protection, etc.).
In particular, the Subscriber undertakes not to offer content of a pornographic, paedophilic and/or erotic nature or content that is clearly illegal or contrary to public order (violence, incitement to racial hatred, supply of products or services that are strictly prohibited on the territory, etc.).
In case of non-compliance with this commitment, the customer will be required to pay immediately a contractual penalty of three thousand eight hundred euros per violation found, this payment is not exclusive of a judicial request for damages. It is specified that the customer will have to pay as many times the penalty as the number of violations possibly noted.
6.4 Respect of advertising rules
The Subscriber is authorized to publish in its customizable content advertisements relating to its own golf structure (or domain), such as advertisements concerning its golf course, its clubhouse, its restaurant(s), its accommodations, etc…
The Subscriber is also authorized to publish in its customizable content the advertisements negotiated under contract with its own sponsors and advertisers.
In both of the above cases, i.e., if the Subscriber decides to promote its structures through advertising, or if the Subscriber decides to resell the space reserved for it to third parties such as its advertisers and sponsors, it undertakes to publish advertising content that complies with the advertising regulations in force and respects the rules of ethics in the advertising sector.
C2 A INNOV may not be held liable in court for any failure by the Subscriber or its third parties to comply with these advertising rules.
Any infraction of these rules by the Subscriber or its third parties, in addition to the civil and criminal proceedings to which they may give rise, will be punished by C2A INNOV and may result in punishments or sanctions up to and including permanent exclusion from the DayParGolf service.
6.5 Promotion of the DayParGolf service to its clients
The Subscriber commits to inform and make known the existence of the DayParGolf service to all his members and clients, at least at the reception desk of his golf structure.
He also commits himself to communicate the password he has chosen to his members and that allows them to use the DayParGolf mobile application on their course.
The Subscriber commits to promote the DayParGolf service to his members and golfing clients by advertising means of his choice.
The Subscriber commits to displaying (on a screen for example) the results of the day proposed by the DayParGolf service (Total Ranking page), at the reception or at the Club House.
The Company authorizes the Subscriber to put a shortcut to DayParGolf on their own website in order to propose to their golfing members a direct access to the mobile application.
6.6 Compliance with current legislation
The Subscriber agrees to comply with current legislation. In particular, the Subscriber acknowledges that he/she is responsible for monitoring the use of his/her access to the Service.
In this regard, the Subscriber agrees to respect, or to ensure that any person using the Service respects, in particular the following rules:
– It is the Subscriber’s responsibility to take all appropriate measures to protect his or her own data and/or software from contamination by viruses circulating on electronic communication networks, particularly on the Internet, and to prevent the misuse of the access provided by third parties;
– The Subscriber agrees not to use the Services for counterfeiting purposes (piracy), not to
The Subscriber undertakes not to use the Services for counterfeiting purposes (hacking), not to intrude into computer systems or “hacking”, not to propagate viruses or any program intended to cause harm, not to disseminate electronic mail under illegal conditions (e.g. spamming and e. bombing).
Article 7. Obligations and provision of service
C2A INNOV undertakes to provide access to the Service in accordance with current standards and contractual specifications.
In exceptional cases, for maintenance or updating purposes, C2A INNOV reserves the right to suspend access to all or part of the Service.
C2A INNOV undertakes, in accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, to declare the automated processing of personal data for which C2A INNOV is responsible and to comply with the legal requirements concerning the use of such personal data.
Article 8. DURATION OF THE CONTRACT AND RIGHT OF TERMINATION
The Contract takes effect as of the date on which C2A INNOV sends the Subscriber an e-mail confirming the subscription.
The Contract is concluded for an unlimited period.
The Contract may be ended at any time at the Subscriber’s or C2A INNOV’s initiative under the conditions described below:
C2A INNOV reserves the right to suspend or cancel the Subscription or deny access to the Service without prior notice in the event that the Subscriber breaches the GCS, Special Terms and Conditions, General Terms and Conditions of Use, or its legal obligations, following a formal notice sent by e-mail or registered letter with acknowledgement of receipt requesting the Subscriber to comply with the terms of the notice, which has remained unanswered for 15 days.
C2A INNOV will only consider the suspension or cancellation of the Subscription under this procedure. Thus, a chat conversation or a phone call requesting the cancellation of the Subscriber’s account will not be considered as a cancellation request and will therefore not be taken into account.
Termination of the Agreement will therefore take effect immediately.
Any data in C2A INNOV’s possession will be deleted immediately upon termination of the Subscription.
The said information will nevertheless be kept in backup form for a maximum period of 6 months from the date of termination, to enable the Subscription to be restored. After this period, the information and content will be permanently deleted.
C2A INNOV may suspend or terminate a Subscription as of right in the event of a request from the competent judicial and/or administrative authorities.
Article 9. Miscellaneous
9.1 Protection of personal data
The Company certifies that it only collects data directly related to the activity, for the purpose of creating or managing the Subscriber’s account.
Subscriber’s personal data is collected and stored in accordance with the French Data Protection Act number 78-17 of January 6, 1978.
Subscribers have the right to access, modify or delete their personal data at any time by sending an e-mail to: contact@daypargolf.com.
For more details, the Subscriber is invited to refer to the Privacy Policy available here: https://www.daypargolf.com/politique-de-confidentialite/
9.2 Intellectual property rights
The structuring of the application but also the texts, graphics, images, photographs, sounds, videos that compose it are the property of the editor and are protected as such by the laws in force under the intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and functionalities proposed by the application, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement. And this, with the exception of the elements expressly designated as free of rights on the site.
Moreover, it is forbidden to the Subscriber to introduce data on the site which would modify or which would be likely to modify the contents or the appearance.
9.3 Applicable LAW
The use of the DayParGolf web application is subject to French law.
The French courts are exclusively competent in case of dispute related to the interpretation, application, or execution of these GCS. The Company will first propose an amicable resolution of the dispute, before submitting it to the competent courts.
9.4 Independence of the clauses
The nullity of one of the clauses of the GCS or of the Contract, in particular in application of a law, a regulation or following a decision of a competent Court that has become final, shall not entail the nullity of the other clauses of the Contract, which shall retain their full effect and scope. In this case, the Parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the GCS.
9.5 Responsibility
The Subscriber is responsible for the proper performance of his or her contractual obligations in accordance with the legislation and standards in force.
The Subscriber is responsible for the Data he or she makes available and for the proper use of the Service and undertakes to hold C2A INNOV harmless against any claims or actions brought by a third party as a result of his or her actions on electronic communication networks, particularly the Internet.
The Subscriber is exclusively responsible for any direct or indirect, material or immaterial damage caused to C2A INNOV by the Subscriber or by the persons for whom the Subscriber is responsible, as a result of the use of the Service, and undertakes to hold C2A INNOV harmless against any claims, demands or convictions to which C2A INNOV may be subject, where such claims, demands or convictions are based on the use of the Service by the Subscriber or by the persons for whom the Subscriber is responsible, or in the event of the Subscriber’s fault.
C2A INNOV cannot guarantee continuous access to the Services, their permanence, or their continued use. Consequently, C2A INNOV cannot be held liable for any inconvenience or damage inherent in the use of the Internet, particularly in the event of a breakdown in service, external intrusion, the presence of a computer virus, or fraudulent use that could be made by a third party.
Service maintenance operations may be carried out at any time, which may temporarily prevent access to the Services. C2A INNOV is in no way responsible for any such inconvenience.
The Subscriber is the only person responsible for adapting his or her computer hardware, data, software and network connection to the Site, thereby enabling the Subscriber to access the Services.
The information of any kind available on the Site is only indicative. Consequently, it is the Subscriber’s responsibility to verify the accuracy, completeness, and relevance of the information.
C2A INNOV shall not be held liable for any use made of this information by the Subscriber.
C2A INNOV is in no way responsible for any intrusions and/or viruses that could damage the computer systems used. The Subscriber must use protective solutions such as “anti-virus”, etc…
9.6 force majeure
The Parties shall not be held responsible for any failure to fulfill any of their obligations under the Contract resulting from the occurrence of a case of force majeure, such as those usually considered by French law and jurisprudence. The party invoking a case of force majeure must notify the other party of its existence as soon as possible, do its best to limit the consequences thereof and resume performance of the services concerned immediately after the case of force majeure has disappeared.
If the case of force majeure persists for more than one (1) month, the Contract may be terminated immediately, by operation of law, without compensation on either side, by either Party, by written notification to the other Party.
Article 10. Contact
For any question or request for information relating to the application of these GCS, the Subscriber may contact the publisher:
• By email: contact@daypargolf.com
• By registered mail with acknowledgement of receipt to the address:
C2A INNOV
106 Route de Roanne
42460 VILLERS (France)
Article 11. claim
In the event of a technical failure or complaint about a transaction, the Subscriber may contact C2A INNOV customer service:
• By email: contact@daypargolf.com
• By registered mail with acknowledgement of receipt to the address:
C2A INNOV
106 Route de Roanne
42460 VILLERS (France)
Article 12. Disputes - Applicable law
The Contract is governed by French law. All disputes which could arise between the Parties on the occasion of the interpretation and/or the execution of the present Contract will be subjected, in the absence of amicable agreement, to the exclusive competence of the competent court within the jurisdiction of the Court of Roanne, with the exception of the disputes concerning non-trading persons and for which the legal rules of attribution of competence apply.
