Applicable terms and conditions of service to activity organizers
Amatchi digital platform Inc (hereinafter referred to as "Amatchi")
Amatchi is a Platform where you, as an Organizer/ passionnate , can publish, offer, unique and diverse experiences, events, courses and workshops (hereinafter the “Activities”), all online.
The Clients (hereinafter the “Participants”) will be able to use Amatchi as a search and booking engine for these Activities.
Via the Amatchi Platform, you will be able to animate live interactive activities in your respective field.
Amatchi acts as an intermediary to facilitate your connection with Participants. With each new Activity booking, a contractual relationship is created between you and the Participants.
2. CONDITIONS FOR ACTIVITIES
2.1 Publication of an Activity
To post an Activity, you must create an ad and submit it to the Platform for verification.
The Activities must always meet the requirements and criteria pre-established by Amatchi, which are specified on the Platform
When publishing an Activity, you must, if applicable, inform Participants:
- risks inherent or incidental to the Activity;
- When the activity is related to food components, indicate the allergens potentially used.
- conditions for participation, such as minimum age, skill requirements, or fitness level;
- the materials required to fully participate in the Activity; and
- everything you need to know to participate safely in the Activity (dress code, equipment, etc.).
Once the Activity is proposed, Amatchi reserves the right to accept or not the publication of the Activity on the Platform.
By offering an Activity on the Platform, you agree that only people who book on the Platform can participate in your Activity, unless the person concerned has also made a booking on Amatchi for an additional participant.
2.2 Obligations of the Organizer/ passionnate
You must perform the Activity yourself and must not authorize any third party to perform the Activity on your behalf, unless expressly authorized by Amatchi.
Any member of a team, company or organization that interacts with Participants must be added to the Ad.
It is your responsibility:
- understand and comply with all laws and regulations that may apply to your Business;
- obtain the required approvals, permits or diplomas before offering an Activity; and
- ensure that your Ad does not violate any agreements you may have with third parties.
Online Activities must be live for Participants, not recorded.
Participants must be able to participate in the Activity from their home or any other location of their choice.
In addition, when conducting an Online Activity, Organizers/ passionnate shall not:
- Collecting, requesting or encouraging Participants to reveal personal or contact information;
- Allowing a minor (under 18 years of age) to attend the Activity without the consent and/or supervision in the absence of a parent or guardian;
- Encouraging participants to use illegal substances, alcohol or to engage in acts that are contrary to law and morality.
In any case, Amatchi will not be held responsible in case of non-respect of the present provisions and/or the laws in force in the Province of Quebec.
Representatives, employees or any other persons working for Amatchi may reserve the right to conduct random audits during the course of the Activity to ensure that the requirements and conditions required by Amatchi are met.
Online Activities that do not meet the criteria and requirements described in Amatchi may be removed from the Platform.
2.3 Use of the Zoom External Platform.
The Online Activities take place on the external Zoom platform. Amatchi has a Zoom user license and the user account remains in his name.
The links to connect to the Zoom Platform will be communicated to you before the Activity and as an Organizer/ passionnate, you will be able to use several features to run your Activity in the best possible conditions.
By using Zoom, Organizers/ passionnate agree not to:
- Use their Zoom account provided by Amatchi for any purpose other than the animation of their Activity;
- Record (audio or video) live activity sessions;
- Take or share photos or screenshots;
3. SERVICE FEES
To assist in the operation of the Platform and to cover the costs of the services, fees and taxes are charged at a percentage rate of 30% on each booking confirmation received by a Participant.
Amatchi reserves the right to change service fees at any time, and will notify Organizers/ passionnate of any fee changes before they become effective.
These fee changes will not affect reservations made prior to the effective date of the changed fee.
If you do not agree with a change in fees, you may terminate this Agreement at any time in accordance with Section 5.
4. TERMS OF PAYMENT FOR RESERVATIONS TO THE ORGANIZER/ passionnate
Within a maximum of seven (7) days following the completion of the Online Activity, the amounts received in payment by Amatchi will be transferred to your bank account after you have filled in the “bank details” section on the Platform during your registration.
As an Organizer/ passionnate, you may terminate this Agreement at any time by sending us an email or by deleting all of your Activities from the Amatchi Platform.
Amatchi may terminate this Agreement immediately and without notice, as well as cease providing access to the Platform in the event of any breach of these provisions of the Agreement, and our other applicable terms, conditions or policies.
6. CANCELLATION OF AN ONLINE ACTIVITY
You may need to cancel an Online Activity for your own reasons. Nevertheless, cancellations can be very disruptive to Participants and should be avoided, if possible.
- If you cancel seventy-two (72) hours prior to the Activity, no cancellation fee will be charged.
- If you cancel after seventy-two (72) hours prior to the Activity, we reserve the right to charge you a cancellation fee. This fee will be deducted from a future payment. If this fee is applicable, we will notify you prior to your cancellation.
- However, if you and the Participants agree on another time slot, you can contact us to inform us at the time of your cancellation.
The Amatchi Platform places great importance on the privacy of its Organizers/ passionnate.
All documents, materials and information (“Information“) provided by you to Amatchi or arising out of the performance of the Services are considered confidential in nature. You agree that Amatchi shall use the Information only for the purpose of performing the Services and shall not reproduce the Information except as necessary for the purposes of the Mandate or as otherwise permitted by law, and shall not disclose the Information to any unaffected third party without your prior written consent.
Any Information considered confidential will remain your property and must be returned to you upon receipt of a request to that effect or when Amatchi has determined that it no longer requires such Information.
8. LICENSE TO USE THE CONTENT PUBLISHED BY THE ORGANIZER
You grant Amatchi and its affiliates, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns and third party service providers, and their respective distribution partners, marketing or public relations agencies and other affiliates (the “Licensed Parties“) a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable sub-licensable right to use, display or modify your Content in any manner and at the sole discretion of the Licensed Parties, including, but not limited to, on web pages and social networking pages operated by the Licensed Parties, in promotional emails and advertisements, in all other marketing, promotional and advertising initiatives, and in all networks now known or hereafter developed.
The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works of, combine with other materials, change and/or modify your Published Content in any way in their sole discretion, without any obligation to you.
You grant the Licensed Parties the right to use your username, real name, image, description, or other identifying information, including but not limited to your voice, in connection with any use of your Posted Content.
You agree, represent and warrant that:
- you are the only person responsible for your published Content;
- you own all of the rights to your Published Content and/or have obtained the appropriate rights and permissions from all other persons and/or entities that own, manage or claim rights to such Published Content;
- you are not a minor;
- any Participant featured in your Published Content has given their explicit consent to the use of their image by you;
- Licensed Parties’ use of your Published Content as described herein will not violate the rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy, publicity, moral rights, proprietary rights or other rights, of any third party, or any law, rule or regulation;
- the Content posted is not defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or illegal; and
- you are responsible for ensuring that the Content posted does not violate your obligations under the Amatchi Platform Terms and meets all criteria and requirements of the Activities.
You further agree that Amatchi owns the Modified Content and may use it in its discretion for any commercial purpose, including, without limitation, advertising, or any other commercial purpose, worldwide, in any media, and that Amatchi grants you a non-exclusive, limited, revocable, royalty-free, perpetual license to use the Modified Content for the sole purpose of advertising and promoting your listing on the Amatchi Platform.
You hereby agree to hold the Licensed Parties, and anyone acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Published Content.
9. LIMITATION AND DISCLAIMER OF LIABILITY
Amatchi acts as an intermediary Platform to allow the connection between the Participants and the Organizers/ passionnate. Therefore, Amatchi cannot be held responsible for any damage caused during the Activity.
Amatchi is not present to control and/or verify the progress of the online Activities as well as the application of the contents by the Participants, it cannot be held responsible for any result or consequence, and the Organizer/ passionnate releases Amatchi from any responsibility in this regard.
The Organizer/ passionnate must respect the requirements and criteria defined by Amatchi. The Organizer is also responsible for ensuring compliance with the applicable laws and regulations for the Activities.
The present exemption of responsibility is equivalent to a renunciation of claims of all kinds and you agree to take up Amatchi’s cause and to hold it harmless from any claim of any nature whatsoever in any proceeding on the part of third parties arising from the execution or on the occasion of the present document and the services resulting from it and thus to hold it harmless from any judgment rendered against it, in capital, interest, costs and other accessory related thereto.