Terms & Conditions
Gramno D.o.o runs the website http://coaching-games.net/ herein referred to as platform or CGN website) of which the objective is to bring together coaches and students in the playing of video games. The coaches are video game players of whom the abilities and teaching skills are approved by CGN. The students are internet users of all levels, wishing to be coached in the playing of video games who are looking for coaching lessons aimed at both beginners and those looking to progress.
1. Objective of the present general conditions
The objective of the present general conditions of use for the CDN platform is to define the conditions of the establishment of relationships between the coaches and their students through CGN, according to the terms set out hereafter.
2. The CGN obligation
CGN is charge with the establishing of relationships between coaches and students. CGN is not part of the contract concluded between a coach and a student.
2.1. With respect to coaches
As publisher of the website http://coaching-games.net/, CGN ensures the coach, via this virtual platform, accessibility and visibility amongst the students. In this way, CGN provides the coach with the tools and support allowing the students to enter into a contract with the coach and to book coaching lessons. This is carried out notably by the provision of a calendar allowing the coach to display when they are available and a message facility. CGN also provides the coach with a personal space on the website that they can use to present themselves and convey their teaching methods. CGN proceeds with the remuneration of coaches under the conditions defined hereafter.
2.2. With respect to students
CGN allows students to book lessons with the coaches present on the website via the platform it runs. CGN provides students with a personal space allowing them to give reviews, show their appreciation and indicate their level of satisfaction following a lesson given by a coach. CGN commits to ensuring that all complaints made by students following a lesson by a coach on the platform will be dealt with according to the conditions provided in article 8.
3. Formation of the contract
3.1. Formation of the coaching contract
The coaching contract is concluded between a coach and a student after the definitive agreement on the time and price of the lesson. This agreement is finalized the moment payment is made on the CGN website. CGN will send confirmation by email to both the coach and student of the conclusion of the contract and a reminder of the start time and price of the lesson booked as well as the elements allowing the coach and student to get in touch in order to execute this coaching contract.
3.2. Specifics regarding lessons offered by a third party
Third parties have the possibility of offering a lesson with the coach of their choice to future students via the “offer a lesson” tab. In this instance, CGN will give the subscriber a booking token valid for one year and allowing a lesson to be booked with the coach selected at the time of the purchase according to the classic procedure given in article 3.1. Regarding the provision of the lesson, the coach will be paid in accordance with their rate at the time the token was purchased and not their rate on the day of the provision of the lesson. If the designated coach doesn't display any available time slots that are suitable for the beneficiary of the booking token, the latter will be able to: - either ask CGN to refund the booking token at a sum equal to its initial value, - or exchange it for a new booking token with a value equal to its initial value and a maximum of one exchange. This new booking token has a validity period of one year starting from the date it was issued.
4. Particular dispositions applicable to the coach
4.1. Coach's obligation
If they wish to give lessons via the CGN platform, the coach will display their availability on the website run by CGN.This duration is to be defined by the coach on the platform. Once a time slot has been booked by the student, the coach commits to provide the lesson in good faith, in terms of punctuality, educational value and the quality of teaching legitimately expected by the student. The coach will make it their personal business to respect the terms of this contract which links them to the holder of the license granted for the use of the game. CGN reminds the coach of their obligation to respect the laws and regulation relative to the exercise of a professional activity. CGN cannot be held responsible for any ignorance from the coach concerning their social and fiscal declaratory obligations.
The coach is free to display their availability and to give the number of hours' worth of lessons they wish on the website run by CGN. No minimum is imposed.
4.3. Lesson price
The hourly rate of the lesson is freely set by the coach. CGN has no right to scrutineer the cost of the services provided by the coach.
Coaches can freely provide other lessons through other intermediaries under the condition of the respect for good faith as provisioned under article 10 of the present convention.
5. CGN payment, commission and remuneration
CGN receives a mandate from the coach to view the sums of money transferred by the students during a transaction. The student gives CGN the mandate to pay the coach. The coach authorizes CGN to view, in their name and on their behalf, the price of the lesson in the expectation of the execution of the provision. The transfer of the sum is conditional upon the execution by the coach of their service. On the last day of each month, CGN will give the order to transfer the sums owed to the coach for all of the lessons given by them via the CGN platform, by bank transfer to the account communicated beforehand by the coach. Concomitantly, CGN will issue an invoice addressed to the coach which will state the entirety of services provided by them during the previous completed month and include the commission taken by CGN. On express demand from the coach, CGN will be able to transfer the funds before the end of the delivery date specified in the previous paragraph subject to not exceeding a reasonable number of monthly transfers. The coach expressly gives up the right to request interest payments that may result from the investment of funds awaiting payment. Any failure or delay in payment will result in, by operation of the law, the payment of late payment interest equal to the legal rate in force in France. However, the coach notes that payments by CGN can be delayed for reasons pertaining to banking constraints or in the event of a complaint made by a student following a lesson provided by the coach.
5.2. CGN commission
A commission of 0.35$ +20% is taken by CGN on the price of each lesson set by the coach and paid by the student.
The coach and student alone are responsible for how they use the platform. CGN cannot be held responsible for use that is not compliant with the general conditions of use. CGN is not a guarantor for the good execution of the contract by the coach. However, CGN being keen to promote the suitable usage of its platform, the student can complain to CGN following a lesson in which they were not satisfied according to the conditions given in article 8.
7. Protection of third part rights
Coaches and students agree to use the video games in respect of the terms that link them to the license holder and not to broadcast illicit content on the website run by CGN. In this way, coaches and students will make it their personal business to respect the terms of the contract which link them with the holder of the license granted for the use of the game. In no case will CGN be held responsible for any violation of the rights of the grantor of the game's license for which the lesson is given. Coaches and students agree not to broadcast any illicit content on the CGN platform. In its role of website publisher, CGN has the possibility of moderating comments and suspending the accounts of users likely to harm the interests of others. In a general manner, coaches and students agree not to commit and behavior likely to affect the rights of a third party.
8. Student complains and lesson refunds
The lesson is refundable in the event that coach absence or delay results in the lesson's cancellation. In this event, CGN encourages coaches and students to find a friendly solution and to find another date to hold the lesson. If the student isn't present for their lesson, they will not be able to make a complaint. Subjective motives for dissatisfaction relating to the educational qualities of the coach cannot give rise to a refund. The student is reminded that they have the possibility of offering their reviews and evaluation of the coach following a lesson. The student will have the chance to complain to CGN following the procedure stated on the website in the event of a coach failing to meet their obligations within 72 hours of the lesson ending.
9. End of participation
Coaches and students can end their participation on the platform at any moment subject to informing CGN by email or by unregistering themselves from the website. In the event of one of the parties committing a violation of the present general conditions, CGN reserves the right to terminate the present contract and suspend access to and/or cancel the account of the coach or student on the CGN platform, without prejudice for the damages or compensation sustained by CGN in such a case.
10. Good faith
For the duration of the current agreement, the parties agree to act in good faith, with respect to their reciprocal contractual rights and take all measures with a view to carrying out the the present agreement. In this way, CGN encourages coaches and students to find a friendly solution in the case of dispute. Concerning the students that were introduced to them by CGN, the coach is forbidden from giving the lessons directly to the student without going through the website run by CGN. In the event of violation of this obligation, CGN reserves the right to suspend the coaches and student's access to the platform and to seek damages and interest.
11. Force majeure
The responsibility of CGN cannot be sought in the event that the execution of one of its obligations is prevented or delayed by a case of force majeure. This also applies for problems relating to the maintenance and hosting of the website.
12. Modification of the present general conditions
CGN has the faculty to modify the present general conditions. Any modification will be notified to the coaches and students. It will not apply to lessons already booked. The invalidity of one or several clauses of the CGN platform's general conditions of use will not result in the nullity of the said general conditions.
13. Personal information
By registering on the CGN website (notably to open a client account or to subscribe to services provided on the CGN website), coaches and students agree to provide us with sincere and correct information concerning them.
14. Intellectual property
The entire content of the website http://coaching-games.net/ (illustrations, texts, wording, brands, images, videos) is the property of CGN, its co-contracting parties or partners. Any partial or total reproduction of the CGN website using whatever procedure and whatever means requires prior expressed authorization from CGN. All information, content, files and software provided on the CGN website are protected by the Serbian and international laws concerning intellectual property and copyright. CGN does not authorize the reproduction, representation, copying, displaying or distribution of any content for which the CGN website user does not possess the intellectual property rights. Any use without authorization of this content in fraud of the rights held by CGN and/or by a third party of the latter may constitute counterfeiting, sanctioned by the Intellectual Property Code.
The present conditions are subject to Serbian law. All disagreements relating to the validity, interpretation, execution or cancellation of the present contract will fall exclusively under Serbian jurisdiction.