General Terms of Service and Sale for Scubbl Clubs and Professionals
These general terms of service and sale, hereinafter the “Clubs and Professionals Terms of Sale”, govern the conditions applicable to offers, subscriptions, paid services, professional services, visibility features, presentation spaces and related services offered to clubs, centers, professionals, associations, structures or organizations wishing to benefit from a professional presence in Scubbl.
They apply in particular to the Scubbl Pro offer and to any paid or professional service intended for Clubs and Professionals.
By subscribing to a professional offer, creating or managing a Club Page, using Scubbl on behalf of a structure or accessing a feature reserved for Clubs and Professionals, the Client acknowledges having read, understood and accepted these Clubs and Professionals Terms of Sale.
These Clubs and Professionals Terms of Sale supplement the Terms of Use, the Privacy Policy, the Cookie and Tracker Policy, the User Terms of Sale when the user also acts in a personal capacity and, where applicable, the applicable rules of the Apple App Store, Google Play, Stripe or any relevant payment platform.
1. Service Publisher
The Scubbl Service is published by:
E.K. EI
173 rue de Courcelles, 75017 Paris, France
General contact: contact@scubbl.com
Personal data contact: privacy@scubbl.com
Scubbl is a registered trademark.
Detailed legal information relating to the publisher, publication director, hosting, contact methods, applicable administrative information and, where applicable, the designated consumer mediator is provided on the dedicated page: Legal Notice.
2. Definitions
“Scubbl Pro” means the paid or professional offer intended for Clubs, Professionals, associations, organizations or structures wishing to benefit from professional visibility in Scubbl.
“Client” means any natural or legal person, association, company, club, center, independent professional, structure or organization subscribing to a Scubbl Pro offer or using Scubbl for professional, commercial, associative, institutional or visibility purposes.
“Club”, “Professional” or “Structure” means any structure or person using Scubbl to present an activity related to scuba diving, freediving, snorkeling, technical diving, underwater activities, outings in natural environments or related services.
“Account” means the space allowing the Client or its representative to access certain Scubbl features.
“Club Page” means the presentation, visibility or information space of a Club or Professional within Scubbl.
“Club Content” means any content published, transmitted, imported or displayed by a Club or Professional, including text, images, photos, opening hours, address, telephone number, links, posts, commercial information, descriptions, logos, trademarks, presentation content, associated dive spots, events or promotional content.
“Paid Professional Service” means any subscription, feature, visibility service, access right, professional space, option or benefit provided to the Client against payment or in consideration of an agreed benefit.
“Platform” means the Apple App Store, Google Play, Stripe or any other third-party platform enabling subscription, payment, management, restoration, termination or refund of a purchase or subscription.
“RevenueCat” means a technical solution that may be used by Scubbl to manage, synchronize or restore rights associated with subscriptions and in-app purchases, without necessarily being the direct seller to the Client.
3. Purpose
These Clubs and Professionals Terms of Sale define the conditions under which a Client may create, manage or use a professional presence in Scubbl and subscribe to a Scubbl Pro offer.
They govern, in particular, access to the offer, pre-contractual information, representation conditions, creation and management of a Club Page, checks, visibility granted, absence of any results guarantee, published content, the Client’s professional obligations, prices, payment, invoicing, duration, renewal, termination, refunds, usage restrictions, warranties, liability, personal data, security, evidence and disputes.
They do not govern paid services intended for individual Users, which are covered by the User Terms of Sale.
4. Clients concerned and professional capacity
The Scubbl Pro offer is intended for structures and professionals carrying out an activity related to scuba diving, snorkeling, freediving, technical diving, underwater activities, sea outings or outings in natural environments, or more generally services consistent with the purpose of Scubbl.
It may in particular be subscribed to by diving clubs, professional centers, associations, instructors, guides, structures offering snorkeling or freediving outings, training organizations or other relevant actors in the diving ecosystem.
The Client acknowledges acting within the scope of its professional, commercial, associative, institutional or representative activity and not as a consumer. Where, in a particular situation, a mandatory provision protects the Client as a consumer or non-professional, that provision remains applicable notwithstanding these Clubs and Professionals Terms of Sale.
Where the Client acts as a professional, association, company, sole trader, center, club or declared structure, it undertakes to provide, when requested, information identifying its structure, including its official name, address, country, representative, registration number, SIRET, association number, tax number, intra-Community VAT number or equivalent where such elements exist.
Scubbl may refuse, suspend, limit or withdraw access to Scubbl Pro where the declared activity is not consistent with the purpose of the Service, presents a risk to the community, harms Scubbl’s image, appears unlawful, misleading, dangerous, fraudulent or contrary to these Terms of Sale.
5. Acceptance and pre-contractual information
Before any subscription or purchase validation, the Client is invited to review the essential information relating to the offer, including the main features, price, duration, billing frequency, renewal conditions, termination methods, technical restrictions, visibility conditions, applicable warranties, conditions specific to the Platform used and these Clubs and Professionals Terms of Sale.
This information may be presented in the application, on the website, on the Apple App Store, Google Play, Stripe, in a commercial proposal, on an invoice, in a purchase order or in any other appropriate contractual medium.
Validation of a purchase or subscription via the application, the Apple App Store, Google Play, Stripe, an invoice, a commercial proposal or any other Platform constitutes acceptance of these Clubs and Professionals Terms of Sale and of the conditions specific to the relevant Platform.
Where technically possible, Scubbl may retain proof of acceptance of these Terms of Sale, including the accepted version, date, time, Account identifier, email address, IP address, Platform used, accepted commercial proposal or any other element useful for contractual evidence.
In the event of a conflict between these Clubs and Professionals Terms of Sale and the mandatory rules of the Platform used for payment, the Platform rules may apply to the aspects it directly controls, including payment, invoicing, renewal, cancellation, purchase restoration and refund.
6. Access conditions, Account and authority to represent
Access to Scubbl Pro requires a Scubbl Account and compliance with the Terms of Use.
Any person using Scubbl on behalf of a Club or Professional declares that they have the necessary rights, powers, mandates and authorizations to represent that structure, publish information on its behalf, manage its Club Page, accept the applicable contractual documents and subscribe to the Scubbl Pro offer.
The Client guarantees the accuracy, truthfulness, completeness, lawfulness and updating of the information provided to Scubbl.
The Client undertakes to inform Scubbl of any significant change affecting its structure, including change of address, closure, change of representative, loss of authorization, loss of insurance, change of activity, administrative suspension, cessation of activity or inability to perform the services presented.
In the event of a dispute relating to representation of a structure, Scubbl may suspend access to the Club Page, request supporting documents, transfer administration of the Club Page or take any measure reasonably necessary to protect the rights of the structure concerned, Users or Scubbl.
7. Description of the Scubbl Pro offer
The Scubbl Pro offer is a subscription or paid service providing access to professional visibility features within Scubbl.
Depending on the application version, the Platform, the country, feature availability, technical constraints and the conditions displayed at the time of subscription, Scubbl Pro may include, in particular: creation or management of a Club Page, a presence in the application, on the map or in certain discovery areas, display of practical information, links, contact details, images, posts or presentation content, visibility around the declared address, certain associated spots, regions or guides, publication of content, events, practical information or promotional content, certain reporting, management, validation or interaction features when available, and any other professional feature displayed as included at the time of subscription.
Scubbl may evolve the Scubbl Pro offer, add, modify, replace, suspend or remove certain features in order to improve the Service, take account of technical constraints, modify the offer, comply with applicable regulations or preserve the security of the Service, subject to applicable mandatory rights and the conformity of the paid professional service.
8. Features, geographic availability and compatibility
Features included in Scubbl Pro may depend on the country, language, application version, operating system, device used, internet connection, permissions granted, information provided by the Client and availability of third-party services.
Certain features may be experimental, gradually deployed, limited to certain countries, temporarily unavailable, incompatible with certain devices or subject to specific technical conditions.
The Client is invited to keep the application up to date in order to benefit from available fixes, improvements, security measures and features.
9. Creation and management of a Club Page
A Client may create or manage a Club Page to present its activity in the application. Unless Scubbl grants a specific authorization, a Club Page corresponds to a physical address, main establishment or clearly identifiable structure.
The Club Page may contain the structure’s name, address, opening hours, telephone number, links, images, description, posts, associated spots, events, practical information or any other information available in Scubbl.
The Client is solely responsible for the accuracy, lawfulness, updating, availability and compliance of the information published on its Club Page.
The Client undertakes not to publish false, misleading, obsolete, unlawful, aggressive, discriminatory, parasitic, disparaging, dangerous information or information likely to mislead Users.
10. Verification, supporting documents and absence of certification by Scubbl
Scubbl does not systematically verify the existence, diplomas, certifications, insurance, administrative authorizations, qualifications, approvals, conditions of practice, safety obligations or professional guarantees of Clubs and Professionals present in the Service.
The Client acknowledges that Scubbl is not intended to continuously monitor the regulatory, administrative, tax, insurance, sporting or professional compliance of each referenced Club or Professional. This responsibility rests with the Client.
However, Scubbl may request supporting documents at any time when it deems it necessary, including proof of existence, a website, a professional email address, proof of representation, proof of insurance, an administrative document, proof of local authorization, proof of certification, proof of activity or any element enabling verification of the legitimacy of the structure.
Refusal to provide a reasonably requested supporting document, transmission of false or misleading information, impersonation of a structure, loss of authorization, loss of insurance, abusive use of Scubbl Pro or the presence of a risk to Users may result in refusal, suspension, limitation or deletion of the Club Page, without automatic refund, subject to applicable mandatory rights.
The presence of a Club or Professional in Scubbl does not constitute certification, approval, recommendation, quality guarantee, safety guarantee or official endorsement by Scubbl.
11. Professional visibility and absence of commercial results guarantee
Scubbl Pro provides access to placements, features or visibility mechanisms in Scubbl, without guaranteeing any volume of display, impression, click, visit, contact, request, booking, conversion, revenue, positioning, ranking, recommendation, referencing, minimum visibility, reputation improvement or commercial result.
The visibility of a Club or Professional may depend in particular on location, declared address, associated spots, the number of clubs present in an area, display rules, technical, geographical, random, community, editorial, commercial or security criteria, and the actual activity of Users.
When several Clubs or Professionals are eligible for the same display, the presentation order may be random, rotating, geographic or determined according to Scubbl’s own criteria.
Scubbl may modify visibility, display, ranking, recommendation or prioritization rules at any time, without giving rise to compensation, refund or indemnity, subject to applicable mandatory rights and the conformity of the paid professional service.
12. Relations with Users, events, outings and services
Scubbl may allow Clubs or Professionals to publish content relating to outings, events, activities, proposed spots, dives, snorkeling sessions, freediving sessions, training or other associated activities.
Unless expressly stated otherwise, Scubbl does not necessarily provide an integrated system for booking, payment of outings, scheduling, collection of payments or commission on services performed by Clubs or Professionals.
When a User contacts a Club or Professional, registers for an outing, books a service, pays for an activity or enters into a contract with a structure, that relationship takes place directly between the User and the Club or Professional concerned.
Scubbl is not a party to that relationship and does not guarantee services, prices, availability, required levels, safety conditions, qualifications, insurance, authorizations, equipment, cancellations, refunds, professional obligations or compliance with regulations by the Club or Professional.
The Client is solely responsible for its services, commercial conditions, cancellations, refunds, supervision, equipment, the safety of its customers and compliance with all applicable legal, regulatory, professional, tax, social, administrative or insurance obligations.
13. Club Content
The Client may publish or transmit Club Content, including texts, images, photos, descriptions, opening hours, practical information, posts, commercial content, links, information relating to its activities or promotional content.
The Client guarantees that it holds all necessary rights, licenses, authorizations and consents for the Club Content published, including logos, trademarks, trade names, texts, images, photographs, visuals, illustrations, videos, promotional content and information relating to persons.
Where persons are visible or identifiable in an image or content, the Client guarantees that it has obtained the necessary authorizations for publication and use of the content in Scubbl.
The Client guarantees that the Club Content does not infringe third-party rights, including copyright, trademark rights, image rights, privacy, professional secrecy, trade secrets, personal data or any other protected right.
14. License granted to Scubbl over Club Content
The Client authorizes Scubbl to host, store, reproduce, display, adapt, crop, compress, convert, reference, index, translate, distribute, moderate and make available Club Content in connection with the operation, presentation, visibility, security, moderation and improvement of the Service.
The Client also authorizes Scubbl to use its name, trademark, logo, Club Page and presentation content published in Scubbl to promote Scubbl, the Scubbl Pro offer, its presence in the application or features related to Clubs and Professionals, including on the website, in the application, on social networks, in demonstration materials, commercial materials or institutional communications. Such use must not disproportionately harm the Client’s image or legitimate rights.
This authorization is granted for the duration of the Club’s or Professional’s presence in Scubbl, subject to the rights held by the Client and legitimate withdrawal requests.
The Client may request withdrawal of content used by Scubbl for external communication purposes when it has a legitimate reason. Scubbl will review the request within a reasonable time.
15. Reviews, comments and reputation
Scubbl may allow Users to publish reviews, comments or content relating to Clubs or Professionals.
The Club or Professional may not demand deletion of a review solely because it is negative, unfavorable or critical.
The Client may report a review or comment that it considers unlawful, abusive, defamatory, fraudulent, manifestly false, insulting, discriminatory, misleading or contrary to the Terms of Use. Scubbl will review the report according to its moderation rules.
Scubbl may remove, hide, limit, maintain or restore a review according to the available elements, the rights involved, moderation rules, the good faith of the parties and applicable legal obligations.
The Client is prohibited from manipulating reviews, publishing fake reviews, soliciting misleading reviews, offering non-transparent consideration, intimidating a User or misusing rating, review or reporting mechanisms.
Where Scubbl displays online reviews relating to Clubs or Professionals, Scubbl may indicate, depending on the available features, whether reviews are verified or not, as well as the main methods of publication, ranking, moderation or withdrawal of reviews. Fraudulent reviews, reviews paid for without transparency, manipulated reviews or reviews published in misleading conditions are prohibited.
16. Validation of activities, contributions and offered benefits
Scubbl may allow a Club or Professional to validate, confirm or authenticate certain activities, dives, outings or data declared by a User.
When a Client uses such a feature, it undertakes to do so sincerely, fairly, reasonably, verifiably and in accordance with the reality of the facts known to it.
The Client is prohibited from abusively, fraudulently, automatically or complacently validating activities that did not take place, in which it did not participate, that it did not supervise, of which it has no knowledge or whose information is manifestly false, incomplete or misleading.
Scubbl may occasionally grant non-monetary benefits, free access, free periods, subscription extensions or temporary Pro features to Clubs or Professionals that usefully contribute to the Service, provide content, report errors, test certain features or contribute to its promotion.
These benefits are personal, non-transferable, non-assignable, non-exchangeable, non-refundable and create no automatic right to renewal, maintenance, remuneration, financial compensation or similar benefit.
Where the benefit is granted in connection with public communication, the beneficiary must comply with applicable rules on commercial transparency and clearly indicate the existence of the partnership, free access or collaboration where required.
17. Professional usage restrictions
The Client undertakes to use Scubbl Pro fairly, reasonably, securely and in accordance with the purpose of the Service.
In particular, it is prohibited from scraping, extracting, harvesting, indexing or massively reusing Scubbl data, massively contacting Users for abusive prospecting purposes, reconstructing a database of spots, users, clubs, species or content, copying Scubbl’s interface or content, publishing misleading or unlawful content, misusing visibility, validation, review, reporting, moderation or ranking mechanisms, impersonating a structure, suggesting certification by Scubbl where none is provided, manipulating reviews or compromising the security of the Service.
Any violation of these restrictions may result in moderation measures, suspension, account deletion, withdrawal of visibility, termination of the subscription or deletion of the Club Page, without automatic refund, subject to applicable mandatory rights.
18. Prices
The applicable prices are those displayed in the application, on the Apple App Store, on Google Play, on Stripe, in a commercial proposal, on an invoice or on any applicable payment Platform at the time of subscription.
Prices may vary according to country, currency, Platform, applicable taxes, Apple App Store or Google Play conditions, promotions, trial periods, price adjustments, exchange rates or rules specific to distribution platforms.
The applicable total price is indicated to the Client before validation of the purchase or subscription on the relevant payment Platform or in the applicable commercial proposal.
In the event of a difference between price information present in the Service and the price displayed by the Platform or accepted in a commercial proposal before order validation, the price displayed by the Platform or accepted in the commercial proposal at the time of purchase prevails for the purchase concerned.
Prices displayed in the application, on the Apple App Store or on Google Play are indicated inclusive of all applicable taxes where required by the Platform or by applicable regulations.
Where the purchase is made directly from Scubbl, prices may be indicated exclusive of tax or inclusive of all taxes depending on the commercial medium used. The commercial proposal, invoice or purchase order specifies, where applicable, VAT, taxes, fees or withholding amounts.
Where the purchase is made via a third-party Platform, applicable taxes, receipts, supporting documents, payment methods, refunds and invoicing methods are managed according to the rules of the relevant Platform.
19. Trial periods, promotions and free access
Scubbl may optionally offer trial periods, launch offers, promotions, preferential rates, free access or temporary benefits for Scubbl Pro.
These offers apply only if displayed in the application, in a commercial proposal or on the payment Platform at the time of subscription.
Where the offer includes a trial period followed by a paid automatically renewing subscription, the Client is informed of the applicable conditions before validation of the subscription by the Platform.
Unless otherwise stated, the Client must terminate the subscription before the end of the trial period if it does not wish to be billed at the end of that period.
Free access granted in exchange for a contribution, test, partnership, communication or agreed exchange may be withdrawn, suspended or not renewed when the agreed conditions are not met. The essential conditions of the exchange, including the duration of the free access, the nature of the expected contribution and the grounds for early withdrawal, may be specified in writing, including by email, message or internal record kept by Scubbl.
20. Order, payment and activation
Scubbl Pro subscriptions may be subscribed to via the Apple App Store, Google Play, Stripe, invoice, bank transfer, commercial proposal or any other Platform indicated at the time of subscription.
RevenueCat may be used as a technical solution for managing rights, subscriptions, access statuses or purchase synchronization, without necessarily being the direct seller to the Client.
Payment is processed by the Platform used at the time of purchase or according to the methods indicated in the commercial proposal or invoice. The Client must review and accept the payment, invoicing, renewal, refund and subscription management conditions applicable to that Platform or proposal.
Unless otherwise stated in the commercial proposal, invoice or conditions displayed by the Platform used, payment is due immediately upon ordering for online purchases and upon receipt of invoice for direct payments on invoice.
Scubbl does not directly collect the Client’s bank details for purchases made via the Apple App Store or Google Play.
Access to Scubbl Pro features is activated after confirmation of the subscription by the relevant Platform, effective payment where required, validation of the commercial proposal where applicable and technical synchronization with Scubbl.
In the event of payment failure, cancellation, dispute, suspected fraud, rejected supporting document or inability to verify the subscription, professional access may not be activated, may be suspended or withdrawn.
21. Invoices, receipts, supporting documents and late payment
Where the subscription is taken out via the Apple App Store or Google Play, receipts, supporting documents, payment histories, invoices or equivalent documents are generally provided by the relevant Platform according to its own rules.
The Client must consult its Apple or Google account or the account associated with the Platform used to find information relating to purchases, payments, subscriptions, receipts and supporting documents.
Scubbl may, where technically possible, help the Client identify its subscription status or restore purchases, but does not guarantee direct issuance of an invoice when payment has been processed by a third-party Platform.
If Scubbl offers direct payment, for example by bank card, bank transfer, invoice, Stripe or other method, specific conditions may apply, including in relation to invoicing, VAT, payment deadlines, access suspension and recovery.
The Client undertakes to provide Scubbl with the information necessary to issue invoices, including its name, address, country, registration number, intra-Community VAT number or any equivalent identifier where such information exists or is required.
In the event of direct payment on invoice between professionals, unless otherwise indicated in the commercial proposal or invoice, payment is due upon receipt of invoice. In any event, the agreed payment period may not exceed the mandatory deadlines applicable between professionals.
Any late payment automatically results, without prior reminder, in the application of late payment penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, or any legally applicable rate which may not be less than three times the statutory interest rate, as well as a fixed indemnity for recovery costs of 40 euros per unpaid invoice, without prejudice to additional compensation if the costs actually incurred are higher.
Late payment penalties and the fixed indemnity are payable automatically on the day following the payment date shown on the invoice, without any reminder or prior formal notice being necessary.
In the event of late or non-payment, Scubbl may suspend or limit access to Scubbl Pro until full payment of the amounts due, without prejudice to its other rights.
22. Duration and automatic renewal
Scubbl Pro may be offered as a monthly, annual or any other periodic subscription displayed at the time of subscription.
Unless otherwise indicated at the time of subscription, the subscription is concluded for the duration chosen by the Client and automatically renews for successive periods of the same duration until terminated by the Client, by the relevant Platform or by Scubbl in the cases provided for herein.
The Client is informed of the price, duration, billing frequency and renewal conditions before validating the subscription through the relevant Platform or in the applicable commercial proposal.
Automatic renewal, billing date, renewal notifications, any price changes and termination methods are managed according to the rules of the Platform used or the accepted commercial proposal.
23. Termination
The Client may terminate its Scubbl Pro subscription at any time from the settings of its Apple, Google or Platform account used for the subscription.
Where the subscription was taken out directly with Scubbl, the Client may terminate it through the interface provided, from its Account or by contacting Scubbl when the interface is not available.
Unless otherwise indicated in the commercial proposal, invoice, purchase order or Platform used, termination takes effect at the end of the subscription period already paid for. In principle, the Client retains access to Scubbl Pro features until the current period expires, except in case of suspension for breach.
Uninstalling the Scubbl application, logging out of the Account, deleting the Scubbl Account, hiding a Club Page or not using the Service does not automatically terminate a subscription taken out via a third-party Platform.
In the event of a serious breach by the Client of its contractual obligations, Scubbl may terminate or suspend professional access after notification remaining without effect for a reasonable period. However, immediate action may be taken in the event of fraud, non-payment, manifestly unlawful content, infringement of third-party rights, risk to Users, compromise of the security of the Service, impersonation, loss of authorization, loss of insurance or legal obligation.
After expiry or effective termination of the subscription, Scubbl Pro features cease. The Club Page, associated content or professional visibility may be hidden, limited, disabled, delisted or retained in non-visible form until a new subscription, according to applicable technical rules.
24. Deletion of the Account, Club Page and effects on the subscription
Upon expiry or termination of the Scubbl Pro subscription, the Club Page and associated Club Content may be hidden, limited, delisted or made inaccessible to the public.
Scubbl may retain certain information internally in order to allow later reactivation, manage history, process support requests, preserve evidence, comply with legal obligations, prevent abuse or protect Users.
Deletion of the Scubbl Account or of a Club Page does not automatically cancel a subscription taken out via the Apple App Store, Google Play or a third-party Platform. The Client must terminate the subscription directly with the Platform used for the subscription.
Deletion of a Club Page may be refused, deferred or limited where retention of certain information is necessary to comply with a legal obligation, preserve evidence, process a report, prevent fraud, protect Users or preserve the integrity of community content anonymized or dissociated from the structure.
25. Refunds
Refund requests relating to a Scubbl Pro subscription taken out via the Apple App Store, Google Play or a third-party Platform must be addressed to the Platform used for the purchase, according to its own procedures.
Scubbl does not guarantee that a refund request will be accepted by Apple, Google or the relevant Platform.
No automatic refund is due in the event of voluntary termination, non-use of the Service, absence of generated commercial contact, absence of booking, absence of economic result, reasonable modification of visibility, uninstalling the application, failure to terminate, temporary unavailability, hiding linked to a breach of the Terms of Use or these Terms of Sale, refusal of supporting documents, suspension for breach or deletion of a Club Page for abusive behavior.
In the event of a significant technical incident attributable to Scubbl and significantly affecting access to the paid service, Scubbl may, depending on the circumstances and to the extent technically possible, offer a correction, restoration of access, access extension, commercial gesture or invite the Client to request a refund from the relevant Platform.
26. Right of withdrawal
The Scubbl Pro offer is intended for Clubs, Professionals, associations, companies or structures acting within the scope of their professional, associative, commercial, institutional or representative activity.
The right of withdrawal applicable to consumers is not intended to apply to professional Clients where the contract is concluded for the needs of their activity.
If, in a particular situation, a Client legally benefits from a mandatory right of withdrawal, in particular where a consumer or non-professional protection rule is applicable, it may be exercised under the conditions provided for by applicable regulations. Where the purchase was made via the Apple App Store, Google Play or a third-party Platform, practical refund or cancellation steps may have to be carried out directly with that Platform, subject to the Client’s mandatory rights.
By validating a subscription via a Platform, the Client acknowledges that access to the paid service may be provided immediately after confirmation of the order by the Platform.
Where the Client effectively benefits from a right of withdrawal and requests or expressly accepts immediate performance of the service before the end of the statutory period, it may lose its right of withdrawal under the conditions provided by law, subject to applicable warranties and mandatory rights.
27. Withdrawal form template
Where, in a particular situation, a right of withdrawal is legally applicable and may be exercised directly with Scubbl, the Client may use the following template:
For the attention of Scubbl — E.K. EI, 173 rue de Courcelles, 75017 Paris, France — contact@scubbl.com
I hereby notify you of my withdrawal from the contract relating to the following service:
Service concerned:
Order date:
Email address of the Scubbl account:
Structure concerned:
Purchase Platform used: Apple App Store / Google Play / Stripe / other:
Representative’s first and last name:
Date:
Signature only in case of paper notification:
Where the purchase was made via the Apple App Store, Google Play or a third-party Platform, the Client must also complete the steps required by the relevant Platform.
28. Suspension, limitation or deletion for breach
Scubbl may suspend, limit or delete Scubbl Pro access, hide a Club Page, reduce its visibility, remove content, disable features or terminate professional access in the event of breach of these Clubs and Professionals Terms of Sale, the Terms of Use, the law, third-party rights, the security of the Service or the community’s trust.
This measure may in particular occur in the event of false declaration, impersonation, unlawful activity, misleading content, rejected supporting document, abusive validation of user activities, manipulation of reviews, fraudulent behavior, violation of moderation rules, harm to Scubbl’s image, risk to Users, loss of insurance, loss of authorization, manifest non-compliance of the activity or non-payment.
Where appropriate, Scubbl may ask the Client to regularize the situation before suspension or final deletion. However, immediate action may be taken in the event of risk to Users, fraud, manifestly unlawful content, infringement of third-party rights, security emergency or legal obligation.
A suspension, limitation or deletion for breach does not automatically entitle the Client to a refund, indemnity or compensation, subject to applicable mandatory rights and the rules of the relevant payment Platform.
29. Applicable warranties and best-efforts obligation
Scubbl provides Scubbl Pro in accordance with the general description of the offer, subject to the limitations provided by these Clubs and Professionals Terms of Sale, the Terms of Use, technical constraints, dependencies on third-party Platforms, features actually available in the country or version of the application used and the conditions displayed at the time of subscription.
Scubbl is bound by a best-efforts obligation and does not guarantee any commercial result, traffic, revenue, number of views, number of contacts, number of bookings, number of customers, positioning, ranking, recommendation or reputation improvement.
Where the Client acts as a professional, consumer-specific warranties, including the legal guarantee of conformity provided for consumers, are not intended to apply, unless a mandatory provision to the contrary applies to a particular situation.
In the event of a proven defect significantly affecting access to the paid service, the Client may contact Scubbl at contact@scubbl.com, describing the issue encountered, the service concerned, the Platform used, its Account address, the application version, the device used and any element useful for reviewing the request.
Scubbl may, depending on the circumstances, carry out a correction, restore access, extend access, grant a commercial gesture or take any appropriate measure, without this constituting a permanent commercial warranty.
No separate commercial warranty is granted unless expressly stated otherwise in the application, in a commercial proposal or in a specific offer.
30. Personal data and Client obligations
Personal data processing related to the creation, management or visibility of a Club Page, subscriptions, payments, Scubbl Pro rights, purchase restoration, support, moderation, reviews, reports, interactions with Users and security is described in the Privacy Policy.
Scubbl generally acts as data controller for processing operations it determines itself, including management of Accounts, Scubbl Pro rights, payments, support, security, moderation, reports and visibility of Club Pages.
The Client guarantees that it has the necessary authorizations, information and legal bases when it transmits to Scubbl personal data relating to its representatives, employees, members, instructors, customers, partners, service providers or any other person.
The Client undertakes to transmit to Scubbl only accurate, necessary, lawful and relevant data and to inform the persons concerned where required.
Where the Client uses Scubbl to contact Users, organize services, respond to messages or process personal information outside the sole purposes determined by Scubbl, it remains responsible for compliance with its own obligations regarding personal data protection, information, security, confidentiality and retention.
Scubbl may use technical providers, hosting providers, Platforms, payment tools, notification services, support tools or other processors necessary for the operation of the Service. Where these providers process personal data on behalf of Scubbl, Scubbl ensures, to the extent required by applicable regulations, that such processing is governed by appropriate contractual commitments regarding confidentiality, security, purpose limitation, assistance and data protection.
The Client may exercise the rights applicable to personal data concerning it under the conditions provided by the Privacy Policy, in particular by contacting contact@scubbl.com.
31. Security, availability and maintenance
Scubbl strives to provide Scubbl Pro in accordance with its description, subject to technical constraints, limits inherent to digital services, dependencies on Apple, Google or other Platforms, network availability, the device used, maintenance operations and events reasonably beyond its control.
Scubbl does not guarantee that the Service will be permanently or continuously available, error-free, uninterrupted, without data loss or compatible with all devices, operating systems, configurations, networks or countries.
The Service may be interrupted, suspended, limited or temporarily unavailable in the event of maintenance, update, outage, technical incident, cyberattack, security constraint, regulatory change, dependency on a third-party service, Platform failure or force majeure.
The Client is responsible for the security of its access, credentials, devices, administrator accounts, collaborators and persons authorized to manage its Club Page.
Scubbl may deploy updates necessary to maintain the conformity, security, compatibility or proper functioning of the Service. The Client is invited to install these updates when available.
32. Liability of Scubbl
Scubbl is bound by a best-efforts obligation in providing Scubbl Pro.
Scubbl may not be held liable for damage resulting from misuse of the Service, a breach by the Client, a violation of the Terms of Use, a service provided by a Club or Professional, a dispute between a Client and a User, an issue related to Apple, Google, Stripe, a third-party Platform, the device used, the internet connection, a third-party service or an event reasonably beyond its control.
To the fullest extent permitted by applicable law, Scubbl’s liability is limited to direct, certain and foreseeable damage resulting from a proven breach by Scubbl of its essential obligations.
Scubbl may not be held liable for indirect damage, loss of opportunity, operating losses, loss of customers, loss of revenue, damage to image, loss of data, absence of visibility, absence of contact, absence of booking, downgrading, loss of reputation or indirect commercial consequences.
In relations between professionals, and except in cases of gross negligence, intentional misconduct, fraud, bodily injury attributable to Scubbl or liability that cannot legally be limited, Scubbl’s total financial liability under a Scubbl Pro subscription is limited to the amount actually paid by the Client to Scubbl or to the relevant Platform for the Scubbl Pro subscription during the twelve (12) months preceding the event giving rise to the damage.
No clause of these Clubs and Professionals Terms of Sale is intended to exclude or limit liability that cannot legally be excluded or limited.
33. Warranty and indemnification by the Client
The Client indemnifies Scubbl against any claim, request, sanction, recourse, action, loss, damage, cost, expense or judgment related to its content, information, activities, services, breaches, declarations, relations with Users, infringements of third-party rights, lack of authorization, lack of insurance, non-compliance with regulations or use of Scubbl Pro.
This indemnity applies only to the extent that the claim, damage or costs result from an act attributable to the Client, its representatives, collaborators, service providers, Club Content, information, services or use of the Service.
The Client undertakes to reasonably cooperate with Scubbl in handling any claim, report, authority request or dispute related to its Club Page, Club Content, services or information.
This indemnity applies to the fullest extent permitted by law and does not deprive the Client of any mandatory rights from which it may benefit.
34. Force majeure
Scubbl may not be held liable for non-performance or delay in performing its obligations where such non-performance or delay results from an event of force majeure within the meaning of French law or, more broadly, from an event reasonably beyond its control.
Depending on the circumstances, such events may include: massive network outage, cyberattack, hosting provider unavailability, failure of a distribution or payment Platform, incident affecting Apple, Google or Stripe, natural disaster, fire, pandemic, war, riot, external strike, administrative decision, legal change, energy interruption or major technical incident independent of Scubbl.
For the duration of the event, the affected obligations are suspended to the extent of the impediment. Scubbl will endeavor to restore the Service under reasonable conditions.
35. Evidence and electronic communications
The Client accepts that electronic communications, validations, purchase confirmations, Platform receipts, technical logs, security records, connection histories, administrative actions, Club Page changes, support messages, notifications and records kept by Scubbl may be used as evidence, subject to applicable rules of evidence and the Client’s ability to provide proof to the contrary.
Exchanges between Scubbl and the Client may take place by email, notification, in-app message, display in the Service or any other appropriate means.
The Client must maintain valid contact details and regularly review communications relating to its Account, Club Page, subscription, security, contractual changes or moderation decisions.
36. Modification of the offer and of the Clubs and Professionals Terms of Sale
Scubbl may modify these Clubs and Professionals Terms of Sale to take account of changes to the Service, offers, regulations, payment Platforms, prices, features, technical constraints, security requirements or operational needs.
The applicable version is the one in force at the time of subscription, renewal or use of the paid service concerned, subject to applicable mandatory rights.
In the event of a significant modification, Scubbl may inform the Client by any appropriate means, including in the application, by email, notification, banner or during a new login.
Where the modification substantially affects an ongoing paid service, Scubbl endeavors to allow a reasonable period before it takes effect, except in cases of urgency linked to security, law, an authority decision, a risk to Users or a major technical necessity.
Prices and renewal conditions may also be modified according to the rules specific to the Apple App Store, Google Play, Stripe or the Platform used.
Where the modification substantially affects an ongoing paid service, the Client retains any mandatory rights it benefits from, including applicable remedies in the event of lack of conformity or unauthorized unfavorable modification.
37. Complaints and amicable resolution
The Client may send any complaint to Scubbl at contact@scubbl.com, precisely describing the subject of the request and the elements useful for its processing.
Scubbl will review complaints within a reasonable time, without guaranteeing acceptance of the request, restoration of content, maintenance of visibility, grant of a refund, modification of a moderation decision or maintenance of a Club Page where the applicable conditions are not met.
In the event of a dispute between professionals, the parties are invited to seek an amicable solution before any proceedings, without this step preventing urgent, protective or necessary measures to protect the rights of Scubbl, the Client or Users.
38. Language of the Clubs and Professionals Terms of Sale
These Clubs and Professionals Terms of Sale are drafted in French.
They may be translated into other languages to facilitate understanding. In the event of contradiction, ambiguity or difference in interpretation between the French version and a translated version, the French version prevails, subject to applicable mandatory rights.
39. Applicable law and disputes
These Clubs and Professionals Terms of Sale are governed by French law.
In the event of difficulty, the Client is invited to contact Scubbl first at contact@scubbl.com in order to seek an amicable solution.
Failing amicable resolution, any dispute relating to the interpretation, validity, performance or termination of these Clubs and Professionals Terms of Sale will be submitted to the competent courts in accordance with applicable legal rules.
In relations between professionals, and subject to mandatory applicable rules, any dispute relating to these Clubs and Professionals Terms of Sale will be submitted to the courts having material jurisdiction within the district of the publisher’s declared address.
40. Contact
For any question relating to these Clubs and Professionals Terms of Sale, the Client may contact Scubbl at the following address: