PICSMENTOR Terms of Service
These Terms constitute a legally binding agreement (the "Agreement") between you and THE PHOTO ACADEMY SA and its brands PICSMENTOR™, THE PHOTO ACADEMY™ (as defined below) and which governs your access to and use of www.picsmentor.com site, including their subdomains and all other sites through which THE PHOTO ACADEMY SA provides the Services PICSMENTOR™, THE PHOTO ACADEMY™, its applications for mobile, tablets and smartphones.
The terms "PICSMENTOR™", "we", "us", "our" or "ours" used in these Conditions refer to THE PHOTO ACADEMY SA, registration No 0744732742 VAT No : BE0744732742, rue Notre Seigneur 11, 1000 Brussels, Belgium. .
1. Scope of Services PICSMENTOR™
1.1 PICSMENTOR™ is an online marketplace that allows registered users (the "Mentors") to publish Photography Experiences or select Photography Courses offered by THE PHOTO ACADEMY™ on the marketplace PICSMENTOR™ and to communicate and deal directly with users who wish to book these Experiences or Photography Courses (users who use Experiences or Photography Courses are "Clients"). These Terms and Conditions shall be interpreted in accordance with French law.
1.2 As the creator of the Photography Courses identified under the brand name THE PHOTO ACADEMY™, THE PHOTO ACADEMY SA owns the curricula offered for sale by the Mentors on the PICSMENTOR™ marketplace and wishes to make them available to them without waiving its intellectual property rights. As the supplier of the marketplace PICSMENTOR™, THE PHOTO ACADEMY SA does not own the Photographic Experiences offered by a Mentor and does not create or sell, resell, supply, control, manage or offer any advertisements of Photographic Experience offered by a mentor. THE PHOTO ACADEMY SA is also not an organiser or retailer of package holidays within the meaning of Directive (EU) 2015/2302. The Mentors are solely responsible for their Announcements of Experiences in Photography. When Customers make or accept a booking, they enter into a contract with each other directly. THE PHOTO ACADEMY SA is not and does not become a party to any contract concluded between Clients, and THE PHOTO ACADEMY SA is not an insurer. While PICSMENTOR™ may facilitate the resolution of disputes, PICSMENTOR™ does not control or guarantee the existence, quality, safety, adequacy or legality of the Photo Experience Ads, the truth or accuracy of the descriptions of the Ads, the Ratings, Comments or other Customer Content, the performance or behaviour of any Mentor or third party. All references to a "verified" Mentor (or any term implying a particular ability or level) only mean that the Mentor has been subject to a professional capacity check procedure by the non-independent branch THE PHOTO ACADEMY™ Such a description does not constitute a professional certification within the meaning of the French State, nor a guarantee on the part of PICSMENTOR™ of its identity or background. You should always be cautious when deciding to use a Photographic Experience Service or photography course, to make a booking request, or to have any other exchange or interaction with any other Mentor, online or in person. The Images of our Photography Experience or Photography Courses are intended solely to provide a photographic representation of an Advertisement on the date the photograph was taken, and therefore do not constitute an endorsement by PICSMENTOR™ of any Mentor or Advertisement.
1.3 If you choose to use PICSMENTOR™ as a Mentor, your relationship with PICSMENTOR™ is only that of an independent third party contractor, and not that of an employee, agent, member of a joint venture or partner PICSMENTOR™ for any reason whatsoever, and you are acting exclusively for your own account and benefit, and not for or for the benefit of PICSMENTOR™. PICSMENTOR™ or PICSMENTOR™ do not direct or control you, and shall not be considered your officers, either generally or pursuant to these Terms. You acknowledge that you have full discretion to advertise your Photographic Experience or select your Photographic Courses or otherwise engage in other business activities or employment, despite your relationship as Principal (see Billing Mandate).
1.4 In order to promote PICSMENTOR™ and increase the visibility of Mentors' Photographic Experience, Mentors' Photographic Experience Services may be published on other websites, in applications and emails, as well as in online and offline advertising. Customers are free to use the communication tools made available to them at their sole discretion, in order to promote PICSMENTOR™ and increase the visibility of its Services.
1.5 PICSMENTOR™ may contain links to third-party websites or resources. These links may be subject to different Terms of Service and personal data protection practices. PICSMENTOR™ is not responsible for the availability or accuracy of these Third Party Services, or for the content, products or services available through these Third Party Services. Links to these Third Party Services should not be construed as an endorsement by PICSMENTOR™ of these Third Party Services.
1.6 PICSMENTOR™ is not responsible for any failure or interruption of the Internet or telecommunications infrastructure that is not under our control and that may lead to interruptions in the accessibility of the PICSMENTOR™ websites. PICSMENTOR™ may, temporarily and taking into account the legitimate interests of its customers, limit the availability of its services or certain areas or functionalities of its sites if necessary due to limited capacities, to preserve the security or integrity of our servers, or to carry out maintenance operations in order to ensure the proper functioning or improve the functioning of PICSMENTOR™. PICSMENTOR™ may improve or modify its sites and add new elements at any time.
2. Eligibility, Use of PICSMENTOR™, Mentor Verification
2.1 To access and use PICSMENTOR™, or to create an PICSMENTOR™ Account, you must be a natural person (individual) at least 18 years of age or a company, organization or other legal entity duly incorporated, recognized and in good standing under the laws of the country in which you are established, and have the capacity to contract (electronically sign the mandatory conditions in the PICSMENTOR™ relationship).
2.2 You undertake to comply with all export control laws in force in your country.
2.3 PICSMENTOR™ may make access to and use of its sites or certain areas or functionalities of its sites subject to certain conditions or requirements, such as the submission to a verification procedure, the satisfaction of certain quality and eligibility criteria, the achievement of certain rating or comment thresholds.
2.4 Verifying users on the Internet is difficult, and we assume no responsibility for confirming the identity of any Mentor. Notwithstanding the foregoing, for the purposes of transparency and fraud prevention, subject to applicable laws, we may, but are not required to, ask Mentors to provide us with official identification or other information, or to submit to other checks to verify the Mentors' identities and background, consult third party databases or other sources of information to verify if Mentors are listed, and request reports from service providers, and if we have sufficient information to identify a Mentor, accept or refuse their presence on the PICSMENTOR™ site, unpublish their account, even after a period of proven activity.
2.5 By using or downloading the PICSMENTOR™ Application from the Apple App Store, you accept the Apple Licensed Application End User License Agreement. Some parts of PICSMENTOR™ use Google Maps/Google Earth mapping services, including Google Maps APIs. Your use of Google Maps/Earth is subject to the Additional Google Maps/Google Earth Terms and Conditions.
3. Modification of these Terms and Conditions PICSMENTOR™ reserves the right to modify these Conditions at any time in accordance with this article. If you do not agree with the amended Terms and Conditions, you may terminate this Agreement with immediate effect by unpublishing or deleting your account. If you do not terminate your Agreement before the effective date of the amended Terms and you continue to access or use the PICSMENTOR™ services, you will be deemed to have accepted the amended Terms.
4. Create an account
4.1 You must create an account at PICSMENTOR™ to be able to access and use certain features, such as publishing an Ad. If you create an PICSMENTOR™ Account for a natural person (an individual), a company, an organization or other legal entity, you certify that you have the authority to legally bind such person and to grant us all authorizations and licenses provided for in these Terms.
4.2 You can create an PICSMENTOR™ Account by choosing an email address and password, or by using your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
4.3 You must enter accurate, up-to-date and complete information during the registration process and keep your PICSMENTOR™ Account information up to date as well as the information on your PICSMENTOR™ or PICSMENTOR™ public profile page.
4.4 You are prohibited from creating multiple PICSMENTOR™ Accounts unless PICSMENTOR™ allows you to do so. You are prohibited from assigning or otherwise transferring your Account to another party.
5.1 How do we collect information about you? We obtain information about you when you use our website, for example, when you contact us about products and services, or if you register to receive one of our weekly newsletters.
5.2 What type of information is collected from you? The personal information we collect may include your name, address, e-mail address and information about the pages you access and when you access them. If you purchase a product from us, your card information is not held by us, it is collected by our third-party payment processors, which specialize in the secure online capture and processing of credit/debit card transactions, as explained below.
5.3 How is your information used? - We may use your information to: process the orders you have submitted; to perform our obligations under any agreement between you and us; solicit your views or comments on the services we offer; inform you of changes to our services; send you the communications you have requested that may be of interest to you.
5.4 Under EU tax law, we are required to keep your basic personal data (name, address, contact details) for at least 6 years, after which they will be destroyed. After your consent, we will keep your information for marketing purposes until you inform us that you no longer wish to receive this information. You can modify and access the information we hold about you here.
5.5 Who has access to your information?
- We will not sell or rent your information to third parties.
- We will not share your information with third parties for marketing purposes.
5.6 Your choices You have the choice of whether or not to receive information from us. If you do not wish to receive direct marketing communications from us about our work and exciting products and services, you can select your choices by checking the appropriate boxes located on the form on which we collect your information. We will not communicate with you for marketing purposes by email, telephone or text message unless you have given your prior consent. We will not contact you by mail for marketing purposes if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by contacting us by email: firstname.lastname@example.org.
5.7 How you can access and update your information The accuracy of your information is important to us. We are looking for ways to facilitate the review and correction of the information we hold about you. In the meantime, if you change your email address or if any of the other information we hold is inaccurate or outdated, please send us an email at: email@example.com. You have the right to request a copy of the information that PICSMENTOR™ holds about you. We have security measures in place to protect the loss, misuse or alteration of your information. Non-sensitive personal information (your email address, etc.) is transmitted without SSL encryption over the Internet, and this can never be 100% guaranteed. Therefore, while we strive to protect your personal information, we cannot guarantee the security of the information you provide to us, and you do so at your own risk. Once we receive your information, we do our best to ensure its security on our systems. When we have given (or when you have chosen) a password that allows you to access certain parts of our websites, you are responsible for the confidentiality of that password. We ask you not to share your password with anyone.
5.8 Profiling We may analyze your personal information to create a profile of your interests and preferences so that we can contact you with information for you. We may use additional information about you when it is available from external sources to help us do so effectively. We may also use your personal information to detect and reduce fraud and credit risk.
5.11 16 years or less We are concerned about protecting the privacy of children 16 years of age or younger. If you are 16 years of age or younger, please obtain prior permission from your parents or guardians each time you provide us with personal information. 5.12 Transfer of your information outside Europe As part of the services offered to you through this website, the information you provide to us may be transferred to countries outside the European Union ("EU"). For example, this may happen if one of our servers is occasionally located in a country outside the EU. These countries may not have data protection laws similar to those of the EU. By submitting your personal data, you agree to this transfer, storage or processing. If we transfer your information outside the EU in this way, we will take appropriate security measures to ensure that your privacy rights continue to be protected as set out in this policy. If you use our services while you are outside the EU, your information may be transferred outside the EU to provide you with these services.
5.13 Review of this policy This policy is subject to regular review. This policy was last updated in February 2019.
5.14 What are your rights? If, at any time, you believe that the information we process about you is incorrect, you may request to see that information and even have it corrected or deleted. If you have a complaint about how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. If you are not satisfied with our response or if you believe that we are processing your personal data in a manner that is not in compliance with the law, you may file a complaint with the Office of the Information Commissioner (ICO).
6. Terms of Service for Payments To become a service provider (Mentor) for PICSMENTOR™ you will be asked in the next step to accept an invoicing mandate and become the Mandate of THE PHOTO ACADEMY SA which will become the Mandate for your payments.
7. Intellectual property rights and copyright
7.1 PICSMENTOR™, the PICSMENTOR™ or THEPHOTOACADEMY™ Content and Customer Content (Mentors or Customers) may be fully or partially protected by copyright, trademarks and/or other laws of France and other countries. You acknowledge and agree that PICSMENTOR™ and its Content, including all associated intellectual property rights, are the exclusive property of PICSMENTOR™ and/or its licensors or consenting third parties. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated into or accompanying PICSMENTOR™, its Content or the Content of Customers (Mentors or Customers). All trademarks, service marks, logos, trade names and other distinctive signs PICSMENTOR™ & PICSMENTOR™ & THEPHOTOACADEMY™ used on or in connection with PICSMENTOR™ and its Content are trademarks or registered worldwide with WIPO. The trademarks, service marks, logos, trade names and other proprietary designations of third parties used on or in connection with PICSMENTOR™, its Content are used for identification purposes only and may be the property of their respective owners.
7.2 You may not use, reproduce, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit PICSMENTOR™ unless you are the full owner of certain Customer Content (Mentors or Customers), or if these Terms expressly authorize you to do so. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by PICSMENTOR™ or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3 Subject to your compliance with these Terms, PICSMENTOR™ grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to download and use the Application on your personal device(s), and access and view it on or via PICSMENTOR™, solely for your personal and non-commercial use.
7.5 You are solely responsible for all Customer Content (Mentors or Customers) that you make available on or via PICSMENTOR™. Therefore, you represent and warrant that: you are either the sole and exclusive owner of all Customer Content (Mentors or Customers) that you make available on or via PICSMENTOR™, or you have all the rights, licenses, consents and authorizations necessary to grant PICSMENTOR™ the rights to such Customer Content (Mentors or Customers), as provided in these Terms; and neither the Customer Content (Mentors or Customers), nor your publication, uploading, publication, submission or transfer of Customer Content (Mentors or Customers), nor the use by PICSMENTOR™ of Customer Content (Mentors or Customers) (or any part thereof) as provided for in these Terms shall violate, will not misappropriate or infringe any patent, copyright, trademark, trade secret, moral or other proprietary or intellectual property rights, or third party publicity or confidentiality rights, or result in the violation of any applicable law or regulation.
7.6 You may not post, upload, publish, submit or transmit any Customer Content (Mentors or Customers) that is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, slanderous, obscene, pornographic, vulgar or offensive; incites discrimination, fanaticism, racism, intolerance, hatred, harassment or causing harm to an individual or group; is violent or threatening or promotes violence or threatening acts against any other person; encourages activities or the use of illegal or dangerous substances; or violates the Content Policy of PICSMENTOR™ or any other policy PICSMENTOR™. PICSMENTOR™ may remove or disable access to any Customer Content (Mentors or Customers) that is contrary to applicable law, these Terms or the current policies of PICSMENTOR™, or potentially harmful or unacceptable to PICSMENTOR™, its Customers, third parties or property. When PICSMENTOR™ deletes or disables Customer Content (Mentors or Customers), PICSMENTOR™ informs the Member and gives the reasons for this decision unless such notification prevents or hinders the discovery of fraud or other illegal activity, harms the legitimate interest of other Customers or third parties, or violates applicable law. You can appeal this decision by contacting customer service. Mentors are not allowed to: Refuse a Passionate person in a Photography Experience or Photography Course because of their race, skin colour, ethnic origin, national origin, religion, sexual orientation, disability, gender identity or family status. Impose any other selection criteria related to race, skin colour, ethnic origin, national origin, religion, sexual orientation, disability, gender identity or family status. Publish an advertisement or make any statement containing criteria of deterrence or preference based on race, colour, ethnic origin, national origin, religion, sexual orientation, disability, gender identity or family status.
7.7 PICSMENTOR™ respects copyright laws and expects its Customers to do the same. If you believe that any Content on PICSMENTOR™ infringes your copyright, please notify us in accordance with our Intellectual Property Rights Policy.
8. Service Fees
8.1 PICSMENTOR™ may charge Mentors and/or Clients a service or transaction fee for using its site.
8.2 The applicable service or transaction fees are communicated prior to any booking on the website PICSMENTOR™. PICSMENTOR™ reserves the right to modify these Fees at any time and will inform its service providers within a reasonable time before the new rates take effect. These fee changes will not affect payments for services rendered prior to the effective date of the fee change.
8.3 You are responsible for paying the Service or Transaction Fee due to PICSMENTOR™. The applicable Service or Transaction Fee (including any applicable Taxes) is collected by Stripe Connect or PICSMENTOR™ Stripe Connect or PICSMENTOR™ will deduct any Service or Transaction Fee from the posted Price before remitting payment to the Mentor. Any Client Fee is included in the total Fee collected by PICSMENTOR™. Unless otherwise specified, the Service or Transaction Fee is not refundable.
9. Conditions applicable to Announcements of Photographic Experiences or Photography Courses.
9.1 When you create a Photographic Experience on PICSMENTOR™ (and its listing for Customers on PICSMENTOR™), you must provide complete and accurate information about your Service, including disabilities, restrictions (such as level of photography) and applicable requirements (such as minimum age, ability or physical condition required for an Experience). It is your responsibility to keep the information in your Ad up to date (including availability dates).
9.2 You are solely responsible for setting the price (including taxes applicable in your country) for your Photography Experience. Once a Customer has booked, you may not charge a higher price than the one indicated in the booking request. THEPHOTOACADEMY™ Photography Courses, on the other hand, are offered with a low and high price limit below and above which it is not possible to offer them for sale.
9.3 None of the conditions set out in your Advertisement, including those relating to cancellations, must be contrary to these Conditions or the cancellation conditions you have selected for your Advertisement.
9.4 The insertion and ranking of Advertisements in the search results on PICSMENTOR™ depends on various factors, such as search parameters and customer preferences, prices and availability dates, cancellation history, comments and ratings.
9.5 When you accept or pre-approve a booking request from a Client, you enter into a legally binding agreement with that Client, and are then required to provide the Photographic Experience or photography course as described in your Announcement on the date of the booking request. You also agree to pay the Service or Transaction Fee due to PICSMENTOR™ and any applicable taxes depending on your status and country.
10. Ratings and comments
10.1 Within a certain period of time after the finalization of a booking or the completion of a Photography Experience or a Photography Course, Clients and Mentors will be asked to leave a public commentary and a star rating with each other. Ratings and Comments reflect the opinions of individuals and not those of PICSMENTOR™ or THEPHOTOACADEMY™ Ratings and Comments are not verified and may be unfounded or misleading. On request, they can be analyzed by our moderation team but no guarantee as to their publication or unpublication will be offered by PICSMENTOR™ or PICSMENTOR™.
10.2 Ratings and Comments left by Clients or Mentors must be accurate and must not contain abusive or defamatory language. Ratings and Comments are also subject to Section 5 hereof and must comply with the Content Policy and the Extortion Policy.
10.3 Mentors are prohibited from manipulating the Rating and Comment system in any way, for example by asking a third party to write a positive or negative comment on their profile.
10.4 Ratings and Comments are part of a Mentor's public profile and may also be posted elsewhere on PICSMENTOR™ with other relevant information, such as the number of trainings, number of cancellations and other information.
11.1 As a service provider (Mentor), it is your responsibility to determine your obligations to declare, collect, remit, or include in your Posted Price any applicable VAT or other indirect sales, occupancy or income taxes in relation to your country.
11.2 Tax laws may require us to collect relevant Tax Data relating to Mentors, or to apply withholding taxes on payments we make to them, or both. If a Mentor does not provide us with the documents required under applicable law (e.g., tax identification number) to satisfy our obligation (if any) to withhold Taxes at source on payments we make to you, we reserve the right to withhold payments up to the taxable amounts as required by law until resolution.
11.3 Customers (Customers) and service providers (Mentors) agree that we may seek to recover additional amounts from You if the Taxes collected and/or remitted are insufficient to fully meet your obligations to the Tax Administration.
12. Prohibited activities
12.2 If you believe that any Customer with whom you interact, whether online or in person, has engaged in inappropriate conduct, including, without limitation, any person who engages in offensive, violent or sexually inappropriate conduct, who you believe has stolen something from you, or who causes disturbance in any way, you must immediately report it to the appropriate authorities, and then to THE PHOTO ACADEMY SA, by providing us with the contact information of the police station and the police report number (if available). You agree that your report does not require us to take any action other than that required by law (if applicable).
13. Duration and Termination, Suspension and other Measures
13.1 This Agreement shall be valid until you or PICSMENTOR™ terminate the Agreement as described below.
13.2 You may terminate this Agreement at any time by sending us an e-mail. If you delete your PICSMENTOR™ Account as a Mentor, all bookings for Photo Experience or confirmed photography courses will be automatically cancelled and our customers will receive a full refund.
13.3 PICSMENTOR™ may immediately and without notice terminate this Agreement and/or cease to provide you with access to PICSMENTOR™ if you have committed a material breach of your obligations under these Terms; you have violated applicable laws and regulations or the rights of third parties, or if such action is necessary to protect the safety or property of PICSMENTOR™, its Customers or third parties (for example, in the event of fraudulent conduct by a customer). In the event of minor infractions and if necessary, you will be notified of any action contemplated by PICSMENTOR™ and will have the opportunity to resolve the issue in a manner reasonably satisfactory to PICSMENTOR™.
13.4 In the event of termination of this Agreement, you are not entitled to any restoration of your PICSMENTOR™ Account or your Content. If your access to PICSMENTOR™ or your use of PICSMENTOR™ has been restricted, your PICSMENTOR™ Account has been suspended, or we have terminated this Agreement, you will not be able to create a new PICSMENTOR™ Account or access PICSMENTOR™ or use it through another customer's PICSMENTOR™ Account.
14. Responsibility THE PHOTO ACADEMY SA may be held liable under the applicable legal provisions in the event of intentional and gross negligence on the part of us, our legal representatives, directors or agents. This also applies to the presumption of guarantees or any other objective liability or in the event of culpable injury to life, body and/or health. THE PHOTO ACADEMY SA is liable for breaches of essential contractual obligations by us, our legal representatives, directors or agents; this liability is limited to typical foreseeable damages that may occur. The essential contractual obligations are the obligations of THE PHOTO ACADEMY SA, which you expect to be properly performed and on whose fulfilment you must be able to rely for the proper performance of the contract. Any other liability of THE PHOTO ACADEMY SA is excluded.
15. Tourism and travel activities The companies PICSMENTOR™, as business providers, do not provide or sell any tourism products or services through their Websites. Your Travel Supplier has full responsibility for the design and sale of products and services that would allow you to join a photographic activity. We assume no responsibility for the products and services provided by the Travel Supplier and we make no representation or warranty (express or implied) as to the suitability or quality of the travel products and services.
16. General provisions
16.1 These Terms, together with any additional terms, policies, rules or standards that may supplement them, constitute the entire Agreement between PICSMENTOR™ and you with respect to the subject matter hereof, and supersede all prior agreements and understandings, whether oral or written.
16.2 These Terms of Service do not and are not intended to confer any rights or remedies on any person other than the parties.
16.3 If any provision of these Terms and Conditions is found to be invalid, void or unenforceable, that provision shall be severed without affecting the validity and enforceability of the remaining provisions.
16.4 The fact that PICSMENTOR™ do not require compliance with any right recognised by these Conditions or any provision of these Conditions shall not constitute a waiver of such right or provision, unless we recognise and accept it in writing. Unless otherwise expressly provided in these Terms and Conditions, the exercise by either party of any remedy available to it under these Terms and Conditions shall be without prejudice to any other remedy available to it under these Terms and Conditions or by law.