Windiver SASU (hereinafter referred to as « Windiver ») has developed a platform for indoor skydiving flight time sharing, accessible on a website at the address www.windiver.com or in the form of a mobile application designed to (i) bring together experienced flyer (Proflyer) who are in possession of a reserved access for wind tunnel time for their own account (hereinafter the « Host ») with other experienced flyers (hereinafter « Participant ») in order to share the practicing space (flight chamber) and therefore the associated costs and (ii) book seats for wind tunnel training flight time with a qualified indoor skydiving instructor (hereinafter « Instructor ») authorized by Windiver.
Hosts and Instructors (hereinafter « Planner ») can post shared flight or rained flight advert (in compliance with the conditions laid down by the wind tunnel they previously made their purchases of flight time) on the platform (hereinafter « Platform »).
These terms and conditions have the purpose of governing access to and the terms of use of the Platform. Please read them carefully. You understand and recognise that Windiver is not party to any agreement, contract or contractual relations, of any nature, entered into between the members of its Platform.
By clicking on “Sign up” button of the registration form, you recognise having read and accepted all these general conditions of use.
In this document,
« Block » means a Flight time slot of up to 30 minutes during which Flyers can access the Flight Chamber according to the time previously purchased from the Wind tunnel by the Planner ;
« T&Cs » means these Terms and Conditions ;
« Flight Chamber » means to the Indoor Skydiving practicing space in the Wind tunnel where Flyers have access when Booking a Flight Pack ;
« Booking Confirmation » has the meaning given to it in Article 4.2.1 below ;
« Member Content » has the meaning given to it in Article 11.2 below ;
« Account » means the account that must be created in order to become a Member and access certain Services offered by the Platform ;
« Service Fee » has the meaning given to it in Article 5.2 below ;
« Host » means the Member in the Platform that offers to share his Indoor Skydiving practice in return for the Cost Contribution, for a session defined by him alone via a previous Flight time purchase at the Wind tunnel of his choice and living in one of the Countries that allows the proposal of Flight Pack ;
« Instructor » means the professional Member qualified for Indoor Skydiving training, authorized by Windiver to post Trained Flight on the Platform, in return for the Cost Contribution and for a training Price given as an indication and living in a Country that allows him to offer a Flight Pack ;
« Member » means any individual having created an Account on the Platform ;
« Planner » means either a Host or an Instructor ;
« Flight Pack » means an advert of one or several flight Blocks posted jointly on the Platform by a Planner ;
« Participant » means a Member who accepted a Planner Flight offer or, where applicable, the person on whose behalf a Member has booked a Seat ;
« Cost Contribution » means, for a given Flight, the sum of money requested by the Planner and accepted by the Participant for his contribution to the Flight time purchase costs at the Wind tunnel ;
« Country » means one of the countries in the following list (Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Norway, Netherlands, Portugal, Spain, Sweden, Switzerland and United Kingdom) from which residents can post Flight Packs on the Platform ;
« Seat » means the Seat booked by a Participant for a Planner Flight Pack ;
« Platform » has the meaning given to it in Article 1 above ;
« Flyer » means all indoor skydiving flyers ;
« Price » means for a given Trained Flight, the sum of money requested by the Instructor as part of his coaching performance of the session, it is given as an indication by the Instructor and will have to be paid directly to him during the Flight according to the terms that he defined in his Flight Pack description ;
« Proflyer » means the Flyer having acquired the basis for an autonomous evolution in the Flight Chamber (in particular: Flight Chamber entry, safe fly, Flight Chamber exit) following supervised Flights and whose skills are validated by an Instructor ;
« Booking » has the meaning given to it in Article 4.2.1. below ;
« Services » means all services delivered by Windiver through the Platform ;
« Website » means the website accessible at the address www.windiver.com ;
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« Flight » means either a Shared Flight or a Trained Flight ;
« Trained Flight » means a Flight Block in a Flight Pack posted by an Instructor on the Platform and for which it agrees to host one or more Participants in the Flight Chamber in return for the Cost Contribution and the Price ;
« Shared Flight » means a Flight Block in a Flight Pack posted by a Host on the Platform and for which it agrees to host one or more Participants in the Flight Chamber in return for the Cost Contribution ;
« Windiver » has the meaning given to it in Article 1 above ;
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the Platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account
The Platform enables Members to post and view Flight Packs and to interact with each other for a Seat Booking. You can view the Flight Packs even if you are not registered on the Platform. However, you cannot post an Flight Packs or book a Seat without having first created an Account and become a Member.
To create your Account you must complete all the mandatory fields on the registration form.
To register on the Platform, you must have read and accepted these T&Cs and the Privacy policy.
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Windiver in order to guarantee its relevance and accuracy throughout your contractual relations with Windiver. In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Windiver immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Windiver of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
3.3. Verification
Windiver may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering flying. Windiver cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4.1. Posting Flight Packs
As Member, and providing you fulfill the conditions below, you can create and post Flight Packs on the Platform by entering information about the Flight Blocks you intend to make (dates/times and place of practice, number of Seats offered, description of the session, & type of Flight planned, amount of the Cost Contribution, etc.).
You are only authorised to post a Flight Pack if you fulfill all the following conditions :
(i) you are a Proflyer and have a sufficient level for flying with other Flyers in the Flight Chamber of a Wind tunnel ;
(ii) you only offer Flight Packs for Flight Blocks for which you previously purchased Flight time that have been confirmed by the concerned Wind tunnel and, in all cases, that you are authorized to offer as Shared Flight and/or Trained Flight ;
(iii) (Attendance during the session) you are and remain the main Flyer (Planner) of the Flight Pack and your attendance is mandatory during the different Flight Blocks ;
(iv) you have no contraindication or medical incapacity for indoor skydiving practice ;
(v) you do not intend posting another advert for the same Flight Pack on the Platform ;
(vi) you are responsable of the adequacy between the development of the Flight you consider, your flying level, and the number of Seats you offer in order to enable an acceptable experience to all Participants ;
(vii) you recognise and respect the Terms and Conditions of the Wind tunnel in which you offer a Flight Pack ;
(viii) you are a consumer and are not acting as a professional.
You recognise that you are solely responsible for the content of the Flight Pack you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Flight Pack, and you undertake to fulfill the Flight(s) under the conditions described in your Flight Pack(s).
Providing your Flight Pack complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-Members, conducting a search on the Platform or on the website of Windiver’s partners. Windiver reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You are also informed that in case you introduce yourself as a consumer using the Platform while acting in fact, as a professional, you expose yourself to the penalties provided for in Article L.132-2 du Code de la consommation.
4.2. Booking a Seat
Windiver has set up an online Seat Booking system (the « Booking ») for the Flights offered in the Platform. The conditions for Booking of a Seat depend on the nature of the planned Flight.
4.2.1. Shared Flight
When a Participant is interested in a Flight Pack, he can make an online Booking request. This Booking request is automatically accepted. At the time of the Booking, the Participant proceeds to the online payment of the Cost Contribution and related Service Fees, where applicable. After verification of the payment by Windiver, the Participant receives a Booking Confirmation (the « Booking Confirmation »).
4.2.2. Trained Flight
For Trained Flights, Windiver suggests to book a Seat for a Trained Flight offered via the Platform. Windiver do not provide any coaching service as part of the Trained Flight, the Instructors being the only party to the contract of the session. You recognise that the Booking of a Seat for a Trained Flight is subject to conditions specified by the Instructor in the description of the Flight Pack.
4.2.3. Named nature of the Seat Booking and terms of use of the Services on behalf of a third party
Any use of the Services, in the capacity of Participant or Planner relates to a specific name. The Planner and the Participant must correspond to the identity communicated to Windiver and the other Members participating in the Shared Flight or Trained Flight. Furthermore, it is forbidden to post a Flight Pack on behalf of another Planner then yourself.
Access to and registration on the Platform, as well as searching, viewing and posting Flight Packs, are free of charge. However, the Booking is charged under the conditions described below.
5.1. Cost Contribution
5.1.1. Cost Contribution clarification
The amount of the Flight Cost Contribution is determined by you, as Planner, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Participants to pay to the costs you actually incur to make the Flight. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.
When you post a Flight Pack, Windiver suggests that you specify an amount of the Cost Contribution that corresponds to the actual amount of your purchase of Flight time from the Wind tunnel, according to its price list. In order to avoid abuse, Windiver reserves the right to verify that the amount of the Cost Contribution is not greater than the actual purchase fee offered by the Wind tunnel and, if applicable, to delete the Flight Pack.
Once the Flight Pack has been completed, the amounts paid by your Participants for the Cost Contribution are returned to you in their entirety within a period of 2 to 7 days (related on bank transfer delays) after you have made the request it in your user Account.
5.1.2. Price clarification
As part of a Trained Flight, the Price per Seat is fixed at its sole discretion by the Instructor. The Price is displayed on the Platform as an indication for the users, and must be paid directly to the Instructor during the session. As a qualified professional Member you acknowledge that it is your responsibility to keep you informed of all legal and tax obligations related to your activity of indoor skydiving coaching, and to fulfill all the necessary steps and actions necessary to respect them (in particular concerning your turnover declaration and payments of various taxes related to your activity).
5.2. Service Fees
In the context of Flights, Windiver, in exchange for use of the Platform, at the time of Booking, shall collect Service Fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution requested by the Planner and also the number of Seats available for the concerned Flight Pack. The methods for calculating the Service Fees in force can be provided on simple request sent to the email address contact@windiver.com.
The Service Fees are collected by Windiver for each Seat subject of a Booking by a Participant.
Whatever the place of residence of the Planner and the Participant, the methods for calculating the Service Fees and the applicable VAT do not vary and respond to the French legislation.
5.3. Rounding
You recognise and accept that Windiver may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.4. Methods of payment and repayment of the Cost Contribution to the Planner
5.4.1. Collection mandate
In using the Platform as a Planner for Flights with Booking, you confer on Windiver a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of a Shared Flight or Trained Flight, and after manual or automatic acceptance of the Booking, Windiver shall collect the whole of the sum paid by the Participant (Service Fees and Cost Contribution).
The Cost Contributions received by Windiver are deposited in an account dedicated to payment of the Planners.
You recognise and accept that none of the sums received by Windiver in the name and on behalf of the Planner gives entitlement to interest. You agree to respond diligently to any request of Windiver, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, Windiver may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
5.4.2. Payment of the Cost Contribution to the Planner
After the Flight, Participants shall have a period of 48 hours after the end of the Flight to submit a claim to Windiver. In the absence of claim of the Participants within this period, Windiver shall consider the Flight confirmed.
From the time of this express or tacit confirmation, you shall have, as a Planner, a credit payable on your Account. This credit corresponds to the total amount paid by the Participant at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Participant.
When the Flight is confirmed by the Participant, you have the option, as a Planner, of giving instructions to Windiver to pay the money to your bank account (by entering your bank details in advance in your Account). The payment order in your name will be sent on the first working day after your request or, if you do not so request, the first working day after the provision of the sums in question to your profile (providing Windiver has your bank information).
At the end of the applicable 5-years limitation period, any sum not claimed from Windiver shall be deemed to belong to Windiver.
5.4.3. Payment Service for Planners
Payment processing services for Planners on Windiver are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Planner on Windiver, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Windiver enabling payment processing services through Stripe, you agree to provide Windiver accurate and complete information about you and your business, and you authorize Windiver to share it and transaction information related to your use of the payment processing services provided by Stripe.
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Shared Flight with you or to book a Seat in a Trained Flight.
As Planner, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Host your own part of the costs induced by the Flight.
Windiver enables during the creation of a Shared Flight advert to fill in the amount of the Flight time purchased to the Wind tunnel for each Flight Block. The price per Participant is then calculated automatically by dividing the price of the Flight Block by the number of available Seats. The total amount of Cost Contribution that the Host can claim is equivalent to the amount of the Flight time purchased for the Flight Block minus the amount of the price per Participant related to his own use of the Flight Block.
Regarding a Trained Flight, Windiver enables the Instructor during the creation of a Trained Flight advert to fill in the amount of the Flight time purchased to the Wind tunnel for each Flight Block. The price per Participant is then calculated automatically by dividing the price of the Flight Block by the number of available Seats. The total amount of Cost Contribution that the Instructor can claim is equivalent to the price filled in during the creation of the Trained Flight advert.
In addition, the Instructor can precise as an indication, the Price concerning it’s coaching service and how it is shared between the various Participants, in his Flight Pack description. Windiver will not be held responsible for the amount or any obligation related to the cashing of this Price by the Instructor. As an Instructor, we remind you that it is in your own responsibility to fulfill all the legal and tax procedures of your country of residence concerning the Price collection during the Trained Flight.
Windiver also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Flights offered, their frequency, the number of Participants carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Windiver that you are generating a profit on the Platform.
7.1. Terms of repayment in the case of cancellation
All the Flights are the subject of this cancellation policy. Notwithstanding the previous, in case of cancellation of a Seat by a Participant to a Flight, Service Fees are retained by Windiver.
The cancellation of a Seat on a Flight by the Planner or the Participant after Booking Confirmation is subject to the stipulations hereunder :
- In the case of cancellation owing to the Planner, the Participant is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Planner cancels a Flight. Windiver reserves the right to suspend your Account, limit your access to Services or cancel these T&C’s if cancellations are considered, to its sole discretion, as to frequent and/or repeated ,
- In the case of cancellation owing to the Participant :
If the Participant cancels more than 7 days before the planned Flight time as mentioned in the Flight Pack, the Participant shall only be refunded the Cost Contribution. The Service Fees are retained by Windiver and the Planner does not receive any sum of any nature ;
If the Participant cancels less than 7 days or 7 days before the planned Flight time as mentioned in the Flight Pack, the Participant shall not be refunded the Cost Contribution paid at the time of Booking, the Service Fees are retained by Windiver, and the Planner receives 100% of the Cost Contribution ;
If the Participant do not arrive at the meeting point at least one hour before the planned Flight time, the Wind tunnel can refuse the access to the Flight Chamber (regarding its own C&T’s) and no refund shall be issued. The Planner shall be compensated with the whole of the Cost Contribution and the Service Fees are kept by Windiver.
When cancellation occurs at least 24 hours before the Flight and owing to the Participant, the Seat cancelled by the Participant shall be automatically made available to other Participants who may book it online and is accordingly subject to the conditions of these T&Cs.
Windiver appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the refund requests.
7.2. Right of withdrawal
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Windiver consisting of putting you in contact with another Member has been fully executed. (In accordance with article L. 221-28 of the French Consumer Code).
8.1. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Flights, you undertake :
(i) not to use the Platform for professional, commercial or profit-making purposes if you are not an Instructor ;
(ii) not to send to Windiver (notably upon creation or updating of your Account) or the other Members or Instructors any false, misleading, malicious or fraudulent information ;
(iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Windiver or a third party or contrary to good morals ;
(iv) not to infringe the rights and image of Windiver notably its intellectual property rights ;
(v) not to open more than one Account on the Platform and not to open an Account in the name of a third party ;
(vi) not to try to bypass the online Booking system of the Platform, notably by trying to send another Member or Instructor your contact details in order to make the Booking outside of the Platform and avoid paying the Service Fees ;
(vii) not to contact another Member or Instructor, notably via the Platform, for a purpose other than defining the terms of the Flight sharing ;
(viii) not to accept or make payment outside of the Platform, except for the Price for Trained Flights as defined in these T&Cs ;
(ix) to comply with these T&Cs and the Privacy Policy ;
(x) to comply with the rules and T&C’s of the Wind tunnel in which the Flight is taking place.
8.2. Undertakings of the Hosts
Furthermore, when you use the Platform as Planner, you undertake :
(i) to respect all laws, regulations and codes applicable to the practice and/or the training of indoor skydiving ;
(ii) to check that your insurance covers your flying practice ;
(iii) not to take any risk during the Flight, not to take any product that may impair your attention and your abilities to practice vigilantly and completely safely ;
(iv) to post Flight Packs corresponding only to Flights actually planned ;
(v) to perform the Flight as described in the Flight Pack (notably with regard to the number of Participants, type of Flight, etc..) and to respect the times and places agreed with the other Members ;
(vi) not to take more Participants than the number of Seats indicated in the Flight Pack ;
(vii) in the case of unforeseen event or change to the time of one of the Flights, to inform your Participants without delay ;
(viii) to wait for Participants at the agreed meeting place for at least 30 minutes before the time of the first Flight ;
(ix) not to post a Flight Pack relative to Flight Blocks you do not own or that you are not authorised to use for the purposes of Shared Flight or Trained Flight ;
(x) to ensure you can be contacted by your Participants by phone on the number registered on your profile ;
(xi) not to generate any profit on Flight time via the Platform ;
(xii) not to have any contraindication or medical incapacity for practicing indoor skydiving ;
(xiii) to behave appropriately and responsibly during the Flights, and in compliance with the spirit of indoor skydiving.
8.3. Undertakings of the Participants
When you use the Platform as Participant for a Shared or Trained Flight, you undertake :
(i) to adopt appropriate behaviour during the Flight so as not to disturb the concentration or flying of the Planner and the other Participants ;
(ii) to respect the place where occurs the Flight Pack (the Wind tunnel) and its cleanness ;
(iii) in the case of unforeseen event, to inform the Planner without delay ;
(iv) to be at the meeting place at least 1 hour before the first Flight of the Flight Pack ;
(v) to communicate to Windiver, or any Planner who asks so, your identity card or any document evidencing your identity ;
(vi) to respect all laws, regulations and codes applicable to the practice and/or the training of indoor skydiving ;
(vii) to check that your insurance covers your flying practice ;
(viii) not to take any risk during the Flight, not to take any product that may impair your attention and your abilities to practice vigilantly and completely safely ;
(ix) to ensure you can be contacted by the Planner by phone on the number registered on your profile, notably the hour just before the Flight ;
(x) not to have any contraindication or medical incapacity for practicing indoor skydiving ;
(xi) to behave appropriately and responsibly during the Flights, and in compliance with the spirit of indoor skydiving.
You can terminate your contractual relations with Windiver at any time, without cost and without reason. To do this, simply go to the « Personal data » tab of your Account Page and click on the link « Delete my account ».
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Windiver has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Windiver reserves the right to :
(i) terminate the T&Cs binding you with Windiver immediately and without notice ; and/or
(ii) prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform ; and/or
(iii) limit your access and your use of the Platform ; and/or
(iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Windiver. Windiver will decide, at its sole discretion, whether or not to lift the measures put in place.
In the context of your use of the Platform, Windiver will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by Windiver in compliance with the applicable law and the stipulations of the Privacy Policy.
11.1. Content published by Windiver
Subject to the contents provided by its Members, Windiver is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Windiver grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Windiver. Notably, you are prohibited from :
(i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by Windiver ;
(ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force ;
(iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Windiver a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your « Member Content »).
In order to enable Windiver to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Windiver, for the whole world and throughout the duration of your contractual relations with Windiver, to reproduce, represent, adapt and translate your Member Content as follows :
(i) you authorise Windiver to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service ;
(ii) you authorise Windiver to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
The Platform constitutes an online networking Platform on which the Members can create and post Flight Packs for Shared or Trained Flights. These Flight Packs can notably be viewed by the other Members to find out the terms of the Flight, and where applicable, to directly book a Seat in the concerned Flight Pack with the Member having posted the advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that Windiver is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Flight.
Windiver has no control over the behaviour of its Members, Instructors, Wind tunnels and their staff and the users of the Platform. It does not own, exploit, supply or manage the Wind tunnels and the plannning of flight Blocks, and it does not offer any Flights on the Platform.
You recognise and accept that Windiver does not control the validity, truthfulness or legality of the Flight Pack, Seats and Flights offered. In its capacity of time sharing intermediary, Windiver does not provide any indoor skydiving practicing service and is not a Wind tunnel, nor an Instructor ; the role of Windiver is limited to facilitating access to the Platform.
The Members (Planners and Participants) act under their sole and full responsibility during the Flights.
In its capacity of intermediary, Windiver cannot be held liable for the effective occurrence of a Flight, and notably owing to :
(i) erroneous information communicated by the Planner in his Flight Pack, or by any other means, with regard to the Flight and its terms ;
(ii) cancellation or modification of a Flight by a Member or an Instructor ;
(iii) the behaviour of its Members during, before or after the Flight.
Windiver shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Windiver reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
These T&Cs and the documents integrated by reference express the entire agreement between you and Windiver relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Windiver may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Windiver before it takes effect.
These T&Cs version has been provided for your convenience. This translation is for informational purposes only, and the definitive version of our T&Cs is the French version, subject to French law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Windiver in writing of any dispute in order to obtain an amicable solution.
The Platform is published by WINDIVER SASU, simplified single shareholder company, with a share capital of 10.000 euros, registered with the Companies Register of Bordeaux under number 839.399.888 (VAT number: FR39839399888), with its registered office at 17, rue Huguerie – 33000 Bordeaux (France) (email : contact@windiver.com) represented by its President, Vincent TEXTORIS, Website Publication Director..
The Website is hosted on the Heroku servers, Inc., 1 Market St. Suite 300, San Francisco, CA 94105.
For any question, you can contact WINDIVER SASU using this contact form.
Version 1.0 - updated on January 3rd 2019
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