GTC

Club terms and conditions

These General Terms and Conditions (hereinafter the "GTC") define the terms and conditions under which PING PANG & CO, a simplified joint stock company with share capital of €3177, whose registered office is located at 4 Place du Dix-Huit Juin 1940 75006 PARIS 6, registered with the Paris Trade and Companies Registry under number 878 154 103, represented by Mr. Quentin Pradelle ("Ping Pang & Co", "we", "us" or "our") will provide you with the Platform, access to Ping Pang & Co Spaces and Ping Pang & Co Co Coaches (the "Services").

 

  1. Definitions
  • "Ping Pang & Co Coach(es)" refers to people who offer ping pong coaching services to you or your guests via the Platform.
  • " Account ": refers to your account on the Platform, accessible by your login and password, and containing your personal information and its history on the Platform;
  • "Ping Pang & Co Space(s)": refers to any physical location to which Ping Pang & Co gives you access for the purpose of playing table tennis.
  • "Guests" : means any person you invite or authorize to use Ping Pang & Co Spaces or to interact with Ping Pang & Co trainers, whether or not that person has opened an Account with Ping Pang & Co.
  • "Platform" : the site (www.pingpang.paris) and the application (ping pang paris) available on iOS and Android.

 

  1. Acceptance / Contract

Any order for Services implies your unreserved acceptance of these GTC in their entirety. This constitutes the establishment of a contract between you and Ping Pang & Co.

This acceptance will be expressed by ticking the box corresponding to the sentence of acceptance of the present GTC during registration and before validation of an order, having for example the mention " I acknowledge having read and accepted all the applicable general conditions " or another equivalent mention. Checking this box will be deemed to have the same value as a handwritten signature.

This assumes that you have the legal capacity to do so. You must be of legal age.

If acceptance of the GTC is made on behalf of a company or other legal entity, you represent and warrant that you have the right to bind said company or other legal entity to these GTC.

If we learn that you do not have legal capacity or do not respect the conditions of use of the Services and/or reservation, your Account may be immediately closed, without notice and without engaging our responsibility. Any booking made in the absence of legal capacity may also be cancelled under the same conditions.

We reserve the right to change or modify these GTC at any time and without notice. Any change or modification to these T&Cs will be effective upon posting of the change or modification on the Platform, but only the T&Cs accepted at the time of an order will apply to specific orders. Your continued use of the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. You are responsible for regularly reviewing the most current GTC.

Our privacy policy applicable to your use of the Platform (the "Privacy Policy") is incorporated by reference into these T&Cs and may be viewed at (xx).

 

  1. Use of Services

You use the Services solely for your personal, non-commercial use and you agree to comply with all applicable laws in France when using the Services.

 

  1. Account, Access

To access the Services, you must first create an Account, which you can do via the Platform.

You may not authorize others to use your Account, and you may not assign or transfer your Account to any other person or entity. You are responsible for all activities that occur on or through your Account.

You can only create one Account.

To create an Account, you will be asked to provide us with some of your personal information, including your name. To access any of the Services, you will be asked to provide additional information such as your e-mail address, cell phone number and credit card details.

You agree to maintain complete, accurate and up-to-date information about your Account. Failure to maintain complete, accurate and current information on your Account, including having an invalid or expired credit card on file, may result in your inability to access and use the Services.

We do not undertake any obligation of quality of service for the Platform.

Ping Pang & Co reserves the right to suspend or terminate your Account and/or refuse any and all current or future use of the Services for any reason whatsoever, if you or your guests violate these TOS in any way or provide any information that is untrue, inaccurate, not current or incomplete, or if Ping Pang & Co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. You may not use our Services for any unlawful purpose or in any manner inconsistent with these T&Cs.

 

  1. Internal regulations for the use of Services

By accessing or using any of the Ping Pang Spaces, you agree to the following:

Guests must be registered: You are responsible for the Guests you invite to use the Ping Pang & Co Spaces. As a minimum, you must provide us with their e-mail address, so that we can confirm their registration. You are responsible for their conduct and behavior while in the Ping Pang & Co Spaces, and you must ensure that they comply with our rules and regulations. In the event of damage or violation of the rules, you will be held responsible for the consequences. It is your responsibility to inform your Guests of our policies and to ensure that they comply with them. You will not allow anyone to enter the Ping Pang & Co Spaces without having invited them via the Platform. You will not allow your Guests to use the Services without your physical presence at any time.

Event registration for large groups: If your group has more than eight (8) people in total for a single reservation, you must register for an "Event" in a Ping Pang & Co space and you will need to make your reservation by email to ([email protected]). Visit

CG shall remain applicable to the Services.

You and your Guests must not:

  • Use the Services for any improper purpose, including, but not limited to, drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous or threatening behavior, or any other purpose unrelated to ping pong activity or that is reasonably likely to have a negative impact on us.
  • Smoking or vaping in Espaces Ping Pang & Co or allowing candles, incense sticks or flames in Espaces Ping Pang & Co or causing smoke, vapors, fires or fumes.
  • Making excessive noise in Ping Pang & Co Spaces, creating loud noise, music or sounds, or conducting any other activity which, in Ping Pang & Co's opinion, would disturb other Ping Pang & Co customers, Guests or other tenants in any building containing a Ping Pang & Co Space.
  • Damaging, altering, installing, removing or modifying installations, equipment, machines or appliances in Ping Pang & Co.
  • Exceed the reservation slot at Espaces Ping Pang & Co, as specified in the order.
  • Authorize the use of a Ping Pang & Co space by persons under the age of 14 unless they are accompanied by at least one adult over the age of 14. You must provide at least one adult for every four minors.
  • Invoicing any sum to any person in connection with the use of a Ping Pang & Co Space, whether for private lessons or otherwise, without the express written consent of Ping Pang & Co - only Ping Pang & Co Co Coaches are authorized within Ping Pang & Co Spaces.
  • Act in a manner expressly prohibited by Ping Pang & Co within the Espaces Ping Pang & Co.

You and your Guests must :

  • Treat all other users of Ping Pang & Co Spaces (or occupants of any premises in which a Ping Pang & Co Space is located) and Ping Pang & Co Coaches in a courteous, respectful and appropriate manner at all times.
  • Wear clothing appropriate to the Ping Pang & Co area when using it, including shirts, pants (or shorts), dresses or skirts, and appropriate footwear. It is forbidden to change clothes in the Ping Pang & Co areas, except in the changing rooms.
  • Comply with all rules relating to Ping Pang & Co Spaces, as they may be communicated by us, by Ping Pang & Co Co Coaches, or by notice boards or otherwise. This may include compliance with building security procedures, information technology access and usage procedures provided by any manager of Ping Pang & Co Spaces.
  • Leave the Ping Pang & Co Spaces intact and clean. You and your guests may be held responsible for the cost of repairing damage to the Ping Pang & Co Spaces and the items therein beyond normal wear and tear during your use of the Ping Pang & Co Space.
  • Provide us and Ping Pang & Co Coaches with such proof of identity as we may reasonably require for entry to and use of Ping Pang & Co Spaces.

Personal belongings: We are not responsible for any belongings that you or your Guests may leave in a Ping Pang & Co. space. It is your responsibility to ensure that you have taken all your personal belongings with you when you leave a Ping Pang & Co. space.

Reporting Misconduct: If you believe that any Ping Pang & Co employee or contractor, or any person in a Ping Pang & Co Space with whom you interact, whether online or in person, is acting or has acted inappropriately, including, but not limited to, any person who

    1. engages in offensive, violent or sexually inappropriate behavior;
    2. who engages in any other disruptive behavior, you must immediately report such person to Ping Pang & Co, on the understanding that your reporting will not obligate us to take any action beyond that required by law, if any, and will not subject us to any liability.

 

  1. Coaches

You have the option of booking a time slot with a Ping Pang & Co Coach, when you make your reservation at the Espaces Ping Pang & Co.

We are committed to providing you with a Ping Pang & Co coach in this time slot. However, we make no commitment that Ping Pang & Co coaches will meet your needs and make no representations as to training results.

 

  1. Video surveillance

For your safety and that of our staff and customers, we have installed video surveillance systems in our Ping Pang & Co Spaces, which are constantly monitored by a third-party security company. These cameras constantly monitor the space and are used to deter potential criminal activity, keep you, our customers and staff safe, and protect our business assets.

By using our Espaces Ping Pang & Co, you agree to be recorded by these video surveillance systems. The declaration to the Préfecture de Police required by applicable legislation has been made by Ping Pang & Co, and the required displays appear within the Ping Pang & Co Spaces. Please note that we only use this information for security purposes, and we do not share this data with third parties, except as required by law, with the exception of our third-party surveillance company.

 

  1. Video replay technology

Our service uses video replay technology, which allows us and you to record your activities in the Ping Pang & Co Spaces (for example, you can order a video replay of a specific shot).

As part of the waiver of liability that you will be required to sign in order to use the Services, you authorize us to use your image recorded within the Espaces Ping Pang & Co, for various purposes. The conditions are detailed in the disclaimer.

 

  1. Account deletion

You agree that Ping Pang & Co, in its sole discretion and for any reason whatsoever, may delete all or part of your Account and/or User Content. Ping Pang & Co may also, in its sole discretion and at any time, discontinue providing access to the services or any part thereof, with or without notice. You agree that any termination of your Account may be effected without prior notice, and you agree that Ping Pang & Co shall not be liable to you for any such action. These remedies are in addition to any other remedies Ping Pang & Co may have, including if such termination is for breach of the TOS by you.

You may terminate your Account at any time by using the termination feature on the Platform, or by requesting Ping Pang to delete your Account by sending an email to ([email protected]).

 

  1. Right to use the Ping Pang & Co areas

You acknowledge that your use of the Ping Pang & Co Spaces is a limited, revocable, non-exclusive and non-transferable right, subject to these GTC.

The right of use entitles you to enter Espace Ping Pang & Co ten minutes before the reservation time, to access the equipment and to use it until the end of the reservation slot. You may then remain within Espace Ping Pang & Co to use additional Espace Ping Pang & Co services, but any use of a ping-pong table is limited to its reservation slot.

In its sole discretion and without limiting Ping Pang & Co's other rights hereunder, Ping Pang & Co may restrict, suspend or terminate your access to Ping Pang & Co Spaces in the event of fraud, trespass or violation of these TOS, or for any other lawful reason at Ping Pang & Co's sole discretion.

 

  1. Damage, repair or cleaning costs

As a user of a Ping Pang & Co Space, you are required to leave the Ping Pang & Co Space (including any property in the Ping Pang & Co Space) in the condition in which it was on your arrival.

You are responsible for your own acts and omissions, as well as the acts and omissions of your Guests or other persons to whom you grant access to the Ping Pang & Co space.

You are responsible for the cost of repairing any damage to or cleaning of Ping Pang & Co Spaces resulting from your breach of these T&C or your use of the Platform or Ping Pang & Co Spaces beyond normal wear and tear.

If Ping Pang & Co, at its discretion, determines that excessive repair or cleaning is necessary, Ping Pang & Co reserves the right to charge to the payment method designated in your Account the reasonable cost of such repair and/or cleaning, as well as additional service fees not to exceed five hundred (500) euros per event, and you agree to be responsible for payment of such fees.

These amounts are non-refundable and at the discretion of Ping Pang & Co.

 

  1. Reservations

You can reserve a time slot in a Ping Pang & Co Space and/or with a Ping Pang & Co Coach via the Platform.

Prior to your first reservation on the Site, you must create an Account.

The reservation process is as follows:

  • Create an account if this is your first booking, or log in to your existing account;
  • If you create an Account, you will receive a confirmation email and your email address will be validated.
  • Choose the Services you wish to book, and put them in your basket;
  • Providing your information and that of your guests;
  • Validate the basket by clicking on the validation button ;
  • Choice of payment method for the reservation and provision of payment information ;
  • View reservation summary (services, price, payment method) for final validation;
  • Review and approval of the GTC ;
  • Validation of the reservation, including a statement that the reservation implies an obligation to pay;
  • Upon receipt of payment, we send you an e-mail confirming your reservation.

Reservations are confirmed on receipt of payment.

The contact details and information you provide must be up-to-date and accurate.

We are not responsible for any booking errors made by you or any other incorrect information provided, nor for any consequences arising therefrom.

We reserve the right to refuse any booking for legitimate reasons, in particular in the event of payment problems, a booking made in bad faith, a booking made after an Account has been deleted due to non-compliance with your obligations under the GTC, etc. We reserve the right to refuse any booking for legitimate reasons, in particular in the event of payment problems, a booking made in bad faith, a booking made after an Account has been deleted due to non-compliance with your obligations under the GTC, etc.

We record reservations and invoices on a reliable and durable medium constituting a faithful copy. Computerized registers will be considered as proof of communications, reservations, payments and transactions between us.

 

  1. Terms of payment

You can pay by credit card, or by any other means offered by Ping Pang & Co.

You guarantee that you are the holder of the means of payment used to pay for the reservation and that you have sufficient funds to cover the full cost of the reservation.

All fees that Ping Pang & Co may charge you for the use of the Services are indicated on the site or the application at the time of booking, include all taxes payable and are non-refundable, unless indicated within the T&Cs, or specifically related to your booking or payment.

Ping Pang & Co may change the prices of the Platform, Ping Pang & Co Spaces or other Services at our sole discretion.

When you make a reservation on the Platform, we may place a bank imprint on your credit or debit card to ensure that funds are available for payment.

The amount of the imprint will be equal to the total amount of the reservation, including applicable taxes and fees. Please note that the imprint is not a debit and funds will not be debited from your Account at the time of booking. It is simply a temporary imprint on your card to ensure that funds will be available for payment when your reservation is confirmed. The duration of the imprint on your Account may vary depending on your bank. As a general rule, imprints are removed within a few days of booking, but some financial institutions may take longer. Payment for your booking will be made once the booking has been confirmed. If the booking is not confirmed, the imprint will be removed and the funds returned to your Account. If you cancel your reservation within the specified time, the imprint will be removed and the funds will be returned to your Account.

You agree to be charged for the duration of your reservation of Ping Pang & Co Spaces. If you exceed the duration for which you have reserved a Ping Pang & Co Space or a Ping Pang & Co Coach, you will be charged for such excess. You hereby consent to such overtime charges and overage fees.

We use a third-party payment provider, (Stripe) (the " Payment Provider"), to process payments or credits related to your use of the Services. Your payment for any service will also be subject to the terms, conditions and privacy policies of the Payment Provider and your credit card issuer. Ping Pang & Co is not responsible for any errors, omissions or damages caused by the Payment Provider. Further details about the personal data we collect and how we use it are set out in our Privacy Policy. Further information about the Payment Provider can be found at ( www.stripe.com)

If a credit card charge is refused, the reservation will not be validated and we will have no commitment to you in respect of the reservation. We will inform you and ask you to provide a valid replacement card. Failure to provide a replacement within 48 hours may result in suspension of your Account.

If a payment is refused, refunded, cancelled or recharged by your bank, you are not entitled to a refund of any associated service charges (such as payment processing fees), regardless of the reason for such refusal, refund, cancellation or recharging.

Any late payment may give rise to the invoicing of late payment penalties, without the need for prior formal notice. The rate of these penalties is equal to three times the legal interest rate and is applicable from the first day of delay. A sum of forty (40) euros may also be invoiced for collection costs. The invoicing of late payment interest and administrative collection costs does not prevent Ping Pang & Co, at its discretion, from instituting legal proceedings in order to obtain additional damages.

Ping Pang & Co also reserves the right, at its sole discretion, to review and deny any payment or payment processing if it suspects fraudulent activity or for any reason whatsoever.

 

  1. Withdrawal

If the Service is provided less than fourteen (14) days after the order, you do not have a right of withdrawal, which you accept.

If the Service is provided more than fourteen (14) days from the order date, you have fourteen (14) days from the order date to withdraw from your order.

To do so, please contact us at ([email protected]) with all the information needed to identify you and the reservation concerned.

Only the person identified as a customer of Ping Pang & Co may exercise this right, to the exclusion of any other person.

Withdrawal entails reimbursement of the price of the reservation, within fourteen (14) days of confirmation of receipt of the withdrawal.

If you wish, you can use the following withdrawal form in your e-mail:

 

SAMPLE CANCELLATION FORM

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of [insert name, address and e-mail address] :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services:

Ordered on :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Cross out or delete as appropriate.

 

  1. Intellectual property

All intellectual property rights relating to the Platform and its components, as well as to Ping Pang & Co Spaces, including, but not limited to, patents, copyrights, trademarks, industrial designs, trade secrets and service marks, are the exclusive property of Ping Pang & Co or are licensed to Ping Pang & Co.

You agree to comply with all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Platform and any component thereof.

"Ping Pang & Co", the Ping Pang & Co logo and other trademarks and/or service marks are the exclusive property of Ping Pang & Co and may not be used for any of the aforementioned purposes.

Ping Pang & Co may protect the Platform by technological means intended to prevent any unauthorized use of the Platform. You agree not to circumvent these means.

These GTC do not grant you any intellectual property rights, except for a limited, non-exclusive, non-transferable and revocable license to use the Platform. If you choose to download content from the Platform, you must do so in accordance with these GTC. This content is provided to you solely for the purposes intended and remains at all times the property of Ping Pang & Co.

Any use of the elements of the Platform other than that authorized by these GTC, including reproduction, modification, distribution or republication, without the prior written authorization of Ping Pang & Co, is absolutely prohibited.

We reserve the right to take any action necessary to enforce our rights and compensate you for any damages. Violation of your rights to the Platform will also result in termination of all your rights under these GTC.

In general, you will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell or otherwise transfer, publicly display, publicly perform, transmit, stream or otherwise exploit the Platform and Services or any component thereof or any content thereof, except as expressly authorized in these TOS.

No license or right is granted to you, implied or otherwise, with respect to any intellectual property rights owned or controlled by Ping Pang & Co or its licensors, except for those licenses and rights expressly granted in these T&C or expressly agreed to in writing by Ping Pang & Co.

 

  1. User content

Ping Pang & Co may, in its sole discretion, authorize you to post, upload, publish, submit or transmit content.

You are solely responsible for all content that you upload, e-mail, post or otherwise transmit to or through the Platform, including documents, text, graphics, video, messages, forum postings, profile information, comments, questions or other materials (" User Content ").

By making any User Content available on or through the Platform or the Ping Pang & Co Space, you hereby grant Ping Pang & Co a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license and right to sublicense and transfer, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Content for any purpose, including, but not limited to, on, through or by means of the Platform or the Ping Pang & Co space.

Nothing in these GTC shall be deemed to restrict any rights you may have to use and exploit any User Content.

You also hereby represent and warrant that you have the right to grant us this right to your User Content and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against any claims resulting therefrom.

You acknowledge and agree that you are solely responsible for all User Content that you make available via the Platform or Ping Pang & Co Spaces. Accordingly, you represent and warrant that :

    1. you are the sole and exclusive owner of all User Content that you make available through the Platform or Ping Pang & Co Spaces or you have all necessary rights, licenses, consents and releases to grant Ping Pang & Co the rights to such User Content as set forth in these T&Cs; and
    2. neither the User Content, nor the display, uploading, posting, submission or transmission of the User Content, nor Ping Pang & Co's use of the User Content (or any portion thereof) will infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or privacy, or result in the violation of any applicable law or regulation.

 

  1. Restrictions on use

You must not :

      1. license, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or make available to any third party the Services or any of their components;
      2. modify the Platform or create derivative works;
      3. reverse engineer the Platform or any component thereof, or access the Platform in order to
          1. copy any idea, feature, function or graphic of the Platform, or graphics of the Platform or any of its components, or
          2. run any automated program or script, including but not limited to robots, indexers, bots, viruses or worms, or any program that may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform or any of the Services.
      4. send spam or other duplicate or unsolicited messages via the Platform in violation of applicable laws;
      5. send or store, via the Platform, material that is counterfeit, obscene, threatening, defamatory or otherwise illegal or tortious, including material that is harmful to children or that violates the privacy rights of third parties and material that could be considered sexual or psychological harassment or of a discriminatory nature;
      6. send or store, via the Platform, material containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs;
      7. interfere with or disrupt the integrity or performance of the Platform or Ping Pang & Co Spaces or the data contained therein; or
      8. attempt to obtain unauthorized access to the Platform or Ping Pang & Co Spaces or to systems or networks linked to them.

Ping Pang & Co shall have the right to investigate and prosecute violations of the foregoing to the fullest extent of the law. In particular, in the event of a criminal offence, Ping Pang & Co may involve the relevant authorities and cooperate with them in prosecuting the users concerned.

You acknowledge that Ping Pang & Co has no obligation to monitor your access to or use of the Platform, Ping Pang & Co Spaces or User Content, or to review or edit any User Content, but that it has the right to do so in order to operate the Platform or Ping Pang & Co Spaces, to ensure your compliance with the TOS, or to comply with applicable law or the order or request of any court, administrative or other governmental body.

Ping Pang & Co reserves the right, at any time and without notice, to remove or disable access to any User Content that Ping Pang & Co, in its sole discretion, deems to be in violation of these TOS or otherwise harmful to the Platform or Ping Pang & Co Spaces.

 

  1. SMS messaging

Subject to your consent, Ping Pang & Co may send you SMS messages in connection with your reservations and use of the Ping Pang & Co Spaces, as well as for promotional purposes if you have not refused this type of sending. Message and data rates may vary according to your cell phone service provider.

If you change your cell phone service provider, you may need to re-register with Ping Pang & Co in order to receive future SMS messages.

Ping Pang & Co reserves the right to stop sending SMS at any time.

You can also unsubscribe at any time by replying from your cell phone to any text from Ping Pang & Co with the word STOP, this unsubscription taking effect within seven (7) days.

Please note that refusing to receive SMS messages may prevent you from receiving the information you need to use the services correctly, such as room access codes and other important information.

 

  1. Third-party services

When using the Platform and Ping Pang & Co Spaces, you may contract with service providers, advertisers or sponsors other than Ping Pang & Co, purchase products and/or services from them or participate in their promotions when they present their products and/or services through the Platform, Ping Pang & Co Spaces or Ping Pang & Co trainers.

Any such activity, and any terms, warranties or representations associated with such activity, are solely between you and the applicable third party.

Ping Pang & Co does not endorse websites linked to the Platform, found in Ping Pang & Co Spaces or obtained through Ping Pang & Co Coaches, and in no event shall Ping Pang & Co or its licensors be responsible for the content, products, services or other materials available on such sites or from third party providers.

Ping Pang & Co provides the Services to you in accordance with the GTC.

You acknowledge, however, that some third parties may require you to accept additional or different T&Cs before you use or access their goods or services, and Ping Pang & Co disclaims any liability arising from such agreements between you and third parties.

Ping Pang & Co may rely on third-party advertising and marketing provided through the Platform or the Ping Pang & Co Spaces and other mechanisms to subsidize the Platform or the Ping Pang & Co Spaces, this also being subject to the conditions set forth in the Privacy Policy.

You agree that it is your responsibility to take reasonable care in all actions and interactions with any third party with whom you interact through the Platform or Ping Pang & Co Spaces.

  1. Compensation

You agree to release, defend, indemnify and hold harmless Ping Pang & Co and its respective officers, directors, agents, subsidiaries, joint ventures, employees, landlords, tenants and third party service providers from and against any and all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable attorneys' fees, resulting from:

    1. improper use of or access to the Service by you or your Guests;
    2. the breach of any provision of these GTC by you or your Guests;
    3. the violation of any law or the rights of any other third party (including, without limitation, any copyright, intellectual property right or right of privacy) by you or your invitees; or
    4. any claim that any content you or your Guests have caused damage to any of the Espaces Ping Pang & Co.

This indemnification obligation shall survive the termination of these GTC and your use of the Platform.

  1. Limitation of warranty

We provide our Service and all content, materials, information, software and products included therein for use "as is", and "without further warranty".

To the fullest extent permitted by law, Ping Pang & Co disclaims all representations and warranties, express or implied, regarding the Services and in particular the Platform, including, without limitation, any warranties of merchantability and fitness for a particular purpose, title, performance, compatibility, security or accuracy; and that the quality of the Services, information purchased or obtained by you through the Services will meet your requirements or expectations. You acknowledge and agree that the entire risk arising from your use of the Services and any third party services or products rests solely with you.

You hereby acknowledge and agree that :

    1. the security of the locker rooms, if any, of the Ping Pang & Co Spaces is provided by a third party, and that Ping Pang & Co shall have no liability for any failure to secure the locker rooms, including, but not limited to, any loss or theft of your property;
    2. Ping Pang & Co Spaces are located in buildings that are not owned or managed by Ping Pang & Co, and Ping Pang & Co makes no warranty in this regard.

We do not warrant that the Platform will operate uninterrupted or error-free, or that it will always be available or free of harmful components, or that it is secure, protected against unauthorized access, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, originating from either Ping Pang & Co or its suppliers.

Neither you nor we will have any liability to the other in the event of force majeure, including, but not limited to, acts of God, power, communication, satellite or network failures, unauthorized access or theft, acts of war or terrorism, labor disputes or strikes.

 

  1. Limitation of liability

This clause applies only if you are not a consumer. It does not apply to consumer customers.

Ping Pang & Co shall in no event be liable for any indirect damages suffered by you or your guests as a result of using the Services or the Platform. Indirect damage includes, but is not limited to, loss of earnings or profits, commercial damage, loss of data, loss resulting from loss of use of the software, the consequences of complaints, actions or claims by third parties against you, even if we have been warned of their occurrence, with the exception of guarantees granted by Ping Pang & Co.

In any event, in the event that we are held liable, for whatever reason and on whatever legal basis, for any and all damages, Ping Pang & Co's liability shall be expressly limited and shall not - per contractual year - exceed eighty percent of the total amount paid by you for the Service.

To the extent applicable under local law, nothing in the T&Cs limits Ping Pang & Co's liability for death or personal injury, negligence, or wilful misconduct.

 

  1. Notification

Ping Pang & Co may send you email notifications to the email address provided in your Account information.

You may notify and address any complaint or claim to Ping Pang & Co (such notification, complaint or claim shall be deemed to have been made upon receipt by Ping Pang & Co) at any time by email to ([email protected]).

 

  1. Applicable law, jurisdiction and disputes

These GTC shall be governed by and construed in accordance with the laws of France applicable therein. Any dispute arising out of your relationship with Ping Pang & Co in connection with these T&Cs shall be submitted to the jurisdiction of the competent court in Paris, which shall have exclusive jurisdiction, including in the event of a warranty claim, multiple defendants or emergency proceedings.

 

  1. Mediation

In accordance with the provisions of articles L612-1 et seq. of the French Consumer Code, if you are a consumer, you may, in the event of a dispute with us, have free recourse to the mediation service [...]. ], if you have not received a response to your request from our customer service department within a reasonable period of one (1) month:

● electronically: [ ]

● or by post: [ ]

In this case, you are free to accept or refuse mediation and, in the event of mediation, you and we are free to accept or refuse the solution proposed by the mediator.

 

  1. General
    1. Independence

These T&Cs and the use of the services do not create any affectio societatis, partnership, employee or agency relationship between you and Ping Pang & Co.

 

    1. Transfer

You may not assign these T&Cs (in whole or in part) without the prior written consent of Ping Pang & Co. Any assignment in violation of this section shall be void.

These T&C may be assigned without your consent (in whole or in part) by Ping Pang & Co, including to (i) a parent or subsidiary, (ii) a purchaser of substantially all of our assets, or (iii) a successor by merger or other corporate action.

 

    1. Nullity and tolerance

If any provision of these GTC is found to be invalid or unenforceable, it will be deleted and the remaining provisions will be enforced to the fullest extent of the law.

Ping Pang & Co's failure to enforce any right or provision of these GTC shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Ping Pang & Co in writing.

 

    1. Entire agreement

These T&C constitute the entire agreement between you and Ping Pang & Co and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between Ping Pang & Co and you with respect to the subject matter hereof.

 

    1. Customer service

Our customer service can be contacted by e-mail at the following address: ([email protected]).

 

  1. COVID

You agree to follow and comply with all preventive measures promulgated by government authorities and Ping Pang & Co ("Measures") to prevent the spread of COVID-19 within Ping Pang & Co Spaces, and to inform Ping Pang & Co immediately if you learn that a person carrying the virus has frequented Ping Pang & Co Spaces or that any of the Measures have been violated.

You acknowledge that Ping Pang & Co makes no representation or warranty that the Ping Pang & Co Spaces are free of the virus that causes COVID-19 or that no person infected with the virus that causes COVID-19 has recently visited the Ping Pang & Co Spaces.

Thus, in compliance with applicable laws, you waive all recourse and release Ping Pang & Co, as well as its officers, directors, managers, members, shareholders, employees and agents, from all liability. You also waive any claim for compensation for any damages, defaults, costs or expenses, including reasonable attorneys' fees, as well as any expenses related to legal proceedings, judgments and agreements arising directly or indirectly from your presence in the Ping Pang & Co Spaces or in connection with the COVID-19 virus (hereinafter the "Waived Claims"). You hereby grant Ping Pang & Co and its representatives a full and final release with respect to the Released Claims.

You agree that, to the extent permitted by applicable law, Ping Pang & Co shall have no liability to you or any of your guests, whether in contract, tort, delict or otherwise, for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages, loss of profits or revenues, arising out of or in connection with your activities in the Ping Pang & Co Spaces as a result of the COVID-19.