Terms & conditions

DISCLAIMER: This site aims to promote the use of legal videos while respecting the rights of all authors. Please respect the rights of the authors. The unauthorised reproduction of protected content (music, photos, etc.), regardless of the medium or format, is a crime. The exceptions to this principle are defined exhaustively and restrictively by law. We invite you to become acquainted with them and to systematically check the extent of the rights you hold. Twist on Air is an exclusive brand owned by Stéphanie Durand – a self-employed worker registered in the Répertoire des Entreprises et des Etablissements under number 527 629 109 00028 – Paris, France.

The purpose of these General Terms and Conditions of Subscription (hereinafter “GTC”) is to define the conditions under which the Subscriber may subscribe to and use the Twist On Air service, created and offered by the Service Provider Stéphanie Durand, a self-employed person registered in the Répertoire des Entreprises et des Etablissements under number 527 629 109 00028 and whose registered office is located at 60 rue Monsieur le Prince, 75006 Paris. Twist on Air is an online video service whose purpose is to provide audiovisual courses in Pole Dance and other aerial sports by subscription. The service will be broadcast via the internet on computers, tablets and smartphones.

1. DEFINITIONS

The purpose of these General Terms and Conditions of Subscription (hereinafter “GTC”) is to define the conditions under which the Subscriber may subscribe to and use the Twist On Air service, created and offered by the Service Provider Stéphanie Durand, a self-employed person registered in the Répertoire des Entreprises et des Etablissements under number 527 629 109 00028 and whose registered office is located at 60 rue Monsieur le Prince, 75006 Paris. Twist on Air is an online video service whose purpose is to provide audiovisual courses in Pole Dance and other aerial sports by subscription. The service will be broadcast via the internet on computers, tablets and smartphones.

2. PURPOSE

The purpose of these GTC is to :

• Define the terms and conditions governing the subscription to the “Twist On Air” Service provided to the Subscriber by the Service Provider.
• To determine the rights and obligations of the Parties.
• The Service Provider may make any changes it deems necessary to the Service. The applicable GTC will then be the last terms and conditions accepted by the Subscriber when connecting to the Service.

3. ENTRY INTO FORCE

These GTC come into force as soon as the User accepts them when creating his account.

4. TERMS OF ACCESS AND USE OF THE SERVICE
a. TERMS OF USE OF THE SERVICE

Subscription to the Service is subject to the prior creation of a personal account on the www.twistonair.com website, which is necessary for ordering and paying for the Service, as well as the effective payment of the subscription. In the event that a subscription payment is not honoured, Twist On Air reserves the right to immediately suspend access to the Service. The Customer must be of legal age on the day of subscription to the Service. As the Service is linked to the purchase of paying Services, it is reserved exclusively for persons who are legally capable of entering into contracts. Minors may therefore only subscribe to the Service under the supervision of an adult. If the User is a minor, he or she must have parental authorisation to subscribe to the Offer and/or to purchase content on the Website. As Twist On Air is a remote Service, the Service Provider is not in a position to assess the physical or mental capacities of the Users using the Service, nor to check the information provided by the User when registering or through the assessment tests. Twist On Air strongly recommends that the User consults his or her doctor in order to obtain a certificate of fitness to practice the disciplines taught. The User expressly acknowledges that he/she has been informed of this prior to using the Service. All information, advice and/or other results are in no way intended to constitute or replace medical advice. Twist On Air does not guarantee a medical or sporting result under any circumstances. Twist On Air accepts no responsibility for any accidents, injuries or damage of any kind that may result from Users performing the exercises presented in the video sessions broadcast on the Website. Compliance with the safety instructions is the sole responsibility of the User concerned.

b. METHODS OF ACCESS TO THE SERVICE

The Service is accessible on the Website <www.twistonair.com> on all Internet browsers. The Subscriber of the Service has access to the Website where he/she can browse and consult the video sessions.

c. SUBSCRIPTION PROCEDURE

The user will obtain a Subscription form on the Website which he will fill in with his personal information. The Subscriber’s login and password are personal and confidential. The Subscriber undertakes not to divulge them and to take all necessary measures to preserve this confidentiality. Consequently, the Subscriber will be responsible for any activity or action on his account. Once the subscription form has been validated, the Subscriber will accept the present GTC and will then be redirected to the payment page in order to conclude his subscription to the Service.

d. REFUSAL OF SUBSCRIPTION

The Service Provider reserves the right not to validate the subscription for any legitimate reason, in particular in the event that :

• The Subscriber’s payment method is not valid.
• There is a dispute relating to the payment of a previous Subscription by the Subscriber.

5. PRICE OF THE SERVICE
a. PRICE

The various subscriptions are offered and updated on the site’s registration page. The Subscriber will be informed of any change in the monthly/semi-annual price at least one (1) month before it comes into force. In this case, the Subscriber will have the option of cancelling his Subscription, under the conditions set out in Article 9. The Service Provider will not grant any prorata temporis refund for partial use of the Service. Once the charge has been made, the Subscriber will benefit from the Service for the period paid for.

6. TERMS OF PAYMENT FOR THE SERVICE
a. DEDUCTION

For the monthly offer, the Subscription price is debited each month, on the anniversary date of the Subscription (corresponding to the date of registration for the Service and based on the payment information that the Subscriber will have entered at the time of his Subscription and that he will be able to find in his client account, under the heading “Manage my account”). As a result, the Subscriber is obliged to update and/or modify their bank details via their account, particularly if the validity of the details is about to expire. For the half-yearly offer, the total payment of the subscription is made at the time of registration.

b. DEFAULT OF PAYMENT

Twist On Air reserves the right to suspend the Subscription if a payment is rejected, until the situation is rectified. Twist On Air will notify the Subscriber of the suspension of their Subscription, who will then have 6 (six) days to rectify the situation, failing which the Subscription will be cancelled.

7. DURATION

Monthly subscription :
The Subscription is concluded for a period of 1 (one) month from the first payment. If no cancellation is made before the monthly due date, the Subscription will be tacitly renewed for successive periods of 1 (one) month.

Half-yearly subscription :
The Subscription is concluded for a period of 6 months from payment. If no cancellation is made before the half-yearly expiry date, the Subscription will be renewed by tacit agreement for successive periods of 6 months.

8. WITHDRAWAL

In accordance with Article L. 221-28 1° of the French Consumer Code, the Subscriber may not exercise his right of withdrawal in the context of the supply of digital content not provided on a physical medium, the execution of which has begun after the Customer’s express prior agreement and express waiver of his right of withdrawal. The Subscriber’s acceptance of these GTCs constitutes a waiver of his right of withdrawal, and the Subscriber may not avail himself of Article L 221-28 1° of the Consumer Code.

9. CANCELLATION
a. CANCELLATION BY TWIST ON AIR

Twist On Air has the right to cancel and/or suspend the subscription by operation of law in the event of :

• Non-payment of the subscription by the Subscriber;
• Failure to update the credit card information at the end of its validity period.
• Actions that contravene the provisions of the Intellectual Property Code;
• EAnd more generally, in the event of the Subscriber’s failure to fulfil any of his obligations under the terms of the present GTC.
  

CThis cancellation will result in the immediate deactivation of the Subscription to the Service, without any right to compensation or reimbursement.

b. CANCELLATION BY THE CUSTOMER

Monthly subscription :

The monthly subscription ends at the end of each subscription month. The subscription will be tacitly renewed after this date. The cancellation of the subscription is done, free of charge, from the “Manage my Account” space accessible on the Website. Cancellation takes effect on the expiry date of the current Subscription and the Subscriber remains liable for the remaining monthly instalments due until this date.

Half-yearly subscription :

The half-yearly subscription ends at the end of the 6th month of subscription. The subscription will be tacitly renewed after this date. Cancellation of the subscription is done, free of charge, from the “Manage my Account” space accessible on the Website. Cancellation takes effect on the expiry date of the current Subscription and the Subscriber remains liable for the remaining period due until that date.

10. PERSONAL DATA
PRIOR FORMALITY

n accordance with the regulations on the protection of personal data, the Subscriber is informed that the Service Provider, as the data controller, implements the processing of personal data concerning him/her, which is subject to a declaration to the Commission nationale de l’informatique et des libertés (Cnil) (<www.cnil.fr>).

GUARANTEE

Twist On Air guarantees the Subscriber’s compliance with the legal and regulatory obligations incumbent on it in terms of the protection of personal data, particularly in terms of transborder flows outside the European Union.

DIRECT COLLECTION

The Service Provider, which is responsible for the processing, implements the processing of personal data concerning the GTC Subscriber. The personal data concerned by the said processing is as follows :

• Name and surname of the User;
• E-mail address;

The data collected is essential for this processing and is intended for the relevant Twist On Air departments and, where applicable, for its subcontractors or service providers. The Subscriber is informed on each personal data collection form of the mandatory or optional nature of the answers by the presence of an asterisk (*). If the mandatory information is not provided, registration on the site cannot be finalised. If the Subscriber has accepted, when creating their account, special offers or promotional emails may be sent to them. In application of the legislation in force, the Subscriber has the right to access, rectify or delete, limit the processing of his or her data, the right to object to the processing of his or her data, the right to portability of his or her data and the right to define directives concerning the fate of his or her data after his or her death. These rights can be exercised by e-mail to: contact@twistonair.com or by post to the attention of Stéphanie Durand, Twist On Air – 60 rue Monsieur le Prince – 75006 Paris, accompanied by a copy of an identity document. Finally, the Subscriber has the right to lodge a complaint with a supervisory authority.

SECURITY

Twist On Air acknowledges that all personal data is subject to compliance with the regulations on the protection of personal data. The Service Provider undertakes to take the necessary measures required by the Subscriber to ensure the security of the processing of personal data, in accordance with the regulations on the protection of personal data.

COOKIES

When you browse the Site, cookies are placed on your computer, your mobile or your tablet. These cookies are intended to facilitate navigation on the Twistonair.com website and to study its use, particularly for statistical purposes. What is a cookie? A cookie is a text file that may be stored, subject to your choices, in a dedicated space on the hard disk of your terminal (computer, tablet, etc.) when you consult an online service using your browser. It is transmitted by the server of a website to your browser. Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is stored during the period of validity or storage of the cookie concerned. A cookie cannot be traced back to a physical person. The information collected through these cookies remains anonymous.

How do we use them? The cookies placed by Twist On Air have several uses depending on their category:

— User session cookies: User session cookies store the information that you have duly completed on the forms made available on the platform.

– User authentication cookies: Authentication cookies allow you to access your account, using the credentials you have previously given us.

– Security cookies: These cookies allow us to implement security measures, for example when you are asked to log in to our platform again after a certain period of time.

– Analytical cookies: Analytical cookies allow us to know the use and performance of our Services, to improve their operation and to better adapt to your expectations. To do this, they trace your visit in order to establish visit statistics.

— Cookies for personalising our Services: Cookies for personalising our Services enable us to adapt the presentation of our Services to the display preferences of your Terminal (display resolution, operating system used, etc.) when you use our Services, according to the hardware and software for displaying or reading that your Terminal contains.

* Social cookies: Social network cookies allow you to share the content of our site with other people or to share your opinion on the content of the site with third parties. On our site, certain sharing buttons are integrated via third-party applications that can emit this type of cookie. The social network providing such an application button is likely to identify you thanks to this button, even if you did not use this button when visiting our site. Indeed, this type of application button may allow the social network concerned to track your browsing on our site, simply because your account with the social network concerned is activated on your terminal (open session) during your browsing on our site. We invite you to consult the privacy protection policies of these social networks in order to learn about the purposes of use, particularly advertising, of the browsing information that they may collect through these application buttons. These protection policies should allow you to exercise your choices with these social networks, in particular by setting up your user accounts on each of these networks. To find out about the privacy policies of the social networks below, click on the link associated with the social network of your choice:

• Facebook : //www.facebook.com/policies/cookies/
• Twitter : //twitter.com/privacy?lang=fr
• Google plus : //policies.google.com/technologies/cookies?hl=fr-CA
  

   

Your rights:

You can object to the installation of these cookies at any time by following the procedure described below. We inform you that opposing the installation of these cookies on your receiving terminal may alter and degrade your navigation and use of the Twist On Air site. How can I object to the statistical and navigation cookies used on the Twist On Air site?

You can prevent cookies from being saved by configuring your browser as follows:

On Internet Explorer

1. Go to Tools > Internet Options.
2. Click on the privacy tab.
3. Click on the advanced button, check the box “Ignore automatic cookie management”.
   

On Firefox

1. At the top of the Firefox window, click on the Firefox button (Tools menu on Windows XP), then select Options.
2. Select the Privacy panel.
3. Set Retention rules: to use custom settings for history.
4. Uncheck Accept cookies.

On Chrome

1. Click the spanner icon in the browser toolbar.
2. Select Settings.
3. Click on Show advanced settings.
4. In the “Privacy” section, click the Content Settings button.
5. In the “Cookies” section, you can block cookies and data from third-party sites.

On Safari

1. Go to Settings > Preferences.
2. Click on the Privacy tab.
3. In the “Block Cookies” area, check the “Always” box.

On Opera

1. Go to Settings / Preferences.
2. Click on the Advanced tab.
3. In the “Cookies” area, check the “Never accept cookies” box.

SUBCONTRACTOR

The Subscriber authorises Twist On Air to use any subcontractor of its choice. In this case, the Subscriber agrees that the company may disclose the information necessary for the execution of the present agreement to the subcontractors.

11. OBLIGATIONS AND LIABILITY OF THE SUBSCRIBER

GENERAL OBLIGATIONS

The information provided by the Subscriber must be fair, accurate and complete. Twist On Air reserves the right not to allow or maintain access to the Service in the event of non-compliance with these requirements.

SUBSCRIBER’S RESPONSIBILITY

By using the Service, the Subscriber undertakes to use it responsibly in accordance with all the provisions of these GTCs and in compliance with the laws in force. In particular, the Subscriber undertakes to use the Service in the manner authorised by these GTC; not to use the Service for illegal purposes; not to make commercial use of the information, services and content provided on the Service; not to propagate malicious software, Trojan horses or viruses, and not to impersonate a Subscriber or use an account that does not belong to him. The Subscriber is required to respect the provisions of law n°78-17 relating to information technology, files and freedoms of 6 January 1978 as amended, the violation of which is liable to criminal sanctions. In particular, the Subscriber must refrain from any collection, any misuse and, in general, any act likely to infringe the privacy or reputation of individuals.

12. OBLIGATION AND LIABILITY OF THE SERVICE PROVIDER

The Service Provider makes every effort to offer Subscribers available and verified information or tools, but cannot be held responsible for:

• The quality of the Service, the Service being offered “as is”;
• The disruption of the use of the Service;
• The impossibility of using the Service;
• Computer security breaches, which may cause damage to Subscribers’ computer equipment and data;
• Infringement of the rights of Subscribers in general;
• Comments made and ideas expressed in the programmes available on the Service.
• The Company reserves the right to revise, delete, validate, change or modify the Service, in whole or in part, at any time and without notice.

13. INTELLECTUAL PROPERTY

The content of the site, the general structure as well as the software, texts, animated or non-animated images, photographs, know-how and all other elements making up the site are the exclusive property of Twist On Air or of third parties who have granted it the necessary rights. The present GTC do not imply any transfer of intellectual property rights of any kind on the elements belonging to Twist On Air or to third parties such as sounds, videos, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the Subscriber. In particular, the Subscriber is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Services, the audiovisual content, the pages of the site, or the computer codes of the elements making up the Service. Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorisation of the Service Provider, is prohibited and would constitute an infringement liable to incur the civil and criminal liability of the infringer. Consequently, the Subscriber is forbidden to take any action that may directly or indirectly infringe the company’s intellectual property rights. The same applies to any databases appearing on the Website, which are protected by the articles of the Intellectual Property Code. The distinctive signs of Twist On Air and its partners, such as domain names, brands, names and logos appearing on the Service are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs from the elements of the website without the express authorisation of Twist On Air is therefore prohibited, in accordance with the Intellectual Property Code. Only use in accordance with the purpose of this site is authorised. Any other use not expressly authorised in writing and in advance by Twist On Air is prohibited and constitutes an infringement. The Subscriber guarantees the Service Provider against any action, claim, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition to which a comment by the Subscriber may have infringed and will bear the costs incurred by the Service Provider in defending itself and any convictions.

14. FORCE MAJEURE

in the first instance, cases of force majeure shall suspend the execution of the present contract. If the cases of force majeure last for more than two months, the present contract will be cancelled automatically, unless the parties agree otherwise. Expressly, the following events are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals: War, riot, fire, internal or external strikes, lock-outs, bad weather, earthquakes, floods, water damage, legal or governmental restrictions, legal or regulatory changes to forms of marketing, accidents of any kind, epidemics, pandemics, illness affecting the Service Provider within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and impossibility of obtaining supplies and any other event beyond the express control of the parties preventing the normal performance of this agreement.

15. DISPUTE

Any disputes that may arise between the Subscriber and the Service Provider shall be subject to an attempt at amicable resolution before any action is taken. This clause is legally independent of the present contract. It shall continue to apply notwithstanding any invalidity, cancellation or annihilation of the present contractual relationship.

16. APPLICABLE LAW

The present GTC of the Service are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of the substantial or ancillary obligations.