The platform /kra:ft/ (www.kraftyourlife.com) (/kra:ft/ or the Platform) intends to connect artists and artisans (the Organiser, you) and potential participants (the Participant(s)) to book online workshops organized by the Organiser.
/kra:ft/ has been developed and is operated by Kraft Your Life Sàrl, a limited liability company under Swiss law with headquarters in Fribourg (Kraft Your Life or us).
You have the option to save or print these Terms and Conditions, provided that both saving and printing this document are solely your responsibility.
We reserve the right to modify or adapt at any time without notice these Terms, including, for any reason, including bringing them into compliance with legal and regulatory provisions. We invite you to consult regularly. Conditions applicable to each contract will be those in force on the day of the “Booking Request” (as such term is defined in the Conditions – participants).
These Conditions are written in French and English. In case of discrepancy, the French version shall prevail.
Article 1: Purpose
These Terms and Conditions are intended to define the terms and conditions of the contract between the Organiser and Kraft Your Life in connection with the use of / kra:ft / by the Organiser (the Contract).
Unless otherwise provided in this Contract and the rights and obligations contained therein do not constitute, and should not be interpreted as, a simple partnership or relationship of employment between the parties. If the Organiser uses third parties (employees, subcontractors, etc..) to provide workshops, he will be solely responsible toward these third parties, including regarding the payment of remuneration and payment of contributions to social insurance and / or tax contributions relating thereto.
Article 2: Contract with the Participants
The Organiser concludes and executes contracts with Participants (the Contracts – participants) in his name, on its behalf and under its own responsibility.
The Organiser undertakes toward Kraft Your Life to honour the Contracts – participants as well as the commitment, warranties, obligations borne by the Organiser therein, in accordance with the terms and conditions of this Contract.
Kraft Your Life will, under the Contracts – participants, act as a direct representative of the Organiser in this regard and will have all the power to, in the name and on behalf of the Organiser to enter into such Contracts – participants, receive and make any notification, cancel a workshop, collect payment of the price, and do all other acts provided for in this Contract.
Article 3: Registration to /kra:ft/
- Beginning of registration
The registration to /kra:ft/ is only effective once the Organiser has given all the necessary information and, where applicable, supporting documents.
- Supporting Documents
At our first request, the Organiser shall provide any evidence on his professional legal status and on the payment of his corresponding contributions to social security.
- Termination of registration on / kra:ft/
The registration to /kra:ft/ may be terminated at any time:
The Organiser’s profile will be invisible from the website. Information on the Organiser will be held for 18 months after the date of termination. The Organiser may at any time re-register but will only be able to enjoy the advantage of the initial period after an 18 months period from termination.
- by Kraft Your Life: Your Life Kraft is entitled to terminate at once, without penalty, any registration without notice for any reason whatsoever, and in particular if:
- Organiser violates any of its obligations under these Terms and Conditions or the Contract – participant;
- Organiser is engaged in a dispute with one or more Participant(s);
- maintaining the registration becomes prejudice, in our sole discretion, to the interests and image of the Platform.
Article 4: Online workshops
Kraft Your Life offers the registered Organiser a visible space on /kra:ft/ to submit and upload workshops.
The Organiser undertakes to use /kra:ft/ in order to provide paid workshops and not to hire staff.
The Organiser undertakes not to offer workshops that would be in violation of legal requirements and / or regulations.
- Workshop Content
The workshop content is defined by the Organiser and described in the corresponding workshop page on /kra:ft/. The Organiser is solely responsible.
Kraft Your Life reserves the right to refuse certain content or ask the Organiser to rewrite it.
- Information related to the Organiser and the workshop
The Organiser undertakes to provide in their profile or workshop pages any information required in these Terms and Conditions and any other information requested by us, particularly to allow the Participants to know, before placing a final order, the essential characteristics of the workshops they wish to purchase and to comply with any legal requirement.
The Organiser declares all profile all the information he provides is true, complete and accurate. Throughout all his time registered on our Platform, the Organiser undertakes to update, without delay, the information so that they remain true, complete and accurate.
- Rates Workshop
The Organiser undertakes to state on his profile or workshop pages the rates for the workshop in a clear, accurate and transparent manner.
These rates will be all tax included. The Organiser is responsible for ensuring that his services are subject to VAT.
Rates are deemed to include the cost of equipment and materials needed for the workshop. If the price of equipment and materials needed is not included, the Organiser must specify it explicitly.
The Organiser guarantees /kra:ft/ that his prices listed on the platform are his best ones and undertake not to indicate higher prices than he practices on his side or on his personal website.
The Organiser accepts and understands that the prices of workshops reserved by the Platform may only be received through the platform. He undertakes to respect not to seek or accept direct payment from the Participants, without our consent or as otherwise provided in these Conditions.
The price of materials needed for workshops must be charged via the platform before the workshop if necessary as a lump sum. With the agreement of the Platform, the Organiser may, however, charge these materials directly to the Participants at the workshop. The platform can enter in if, in its opinion, the price of materials cannot be predicted in advance.
- Changing the content and possible adaptations
In the event that the Organiser cannot provide the workshop in accordance with agreed, especially considering weather conditions making its progress impossible, he will try the best to offer equivalent services by adapting and modifying the activities.
In case the Organiser has to change the content, date or place of the workshop, he must inform Kraft Your Life as soon as possible so that Kraft Your Life informs in turn the Participants.
- Group Size
- Appropriate size
The Organiser undertakes to host a group of appropriate size. This will depend among reasons on the nature of the activities planned during the workshop, the safety related to activities and the hosting facilities.
- Maximum Number of Participants
The Organiser shall indicate on the description page of the workshop the maximum number of Participants. Once the workshop is posted online, this number cannot be changed without our consent.
- Availabilities for sale on /kra:ft/
If the Organiser does not want to sell all seats of his workshop through our platform, he can choose the amount of seats available for sale.
The number of seats available for sale on /kra:ft/ may only be revised upwards and within the maximum number of Participants.
- Environment and Safety
The Organiser undertakes to host the participants in a physical and moral respect, without discrimination and on an adequate safety. He undertakes to explain, before the beginning of the workshop, to the participants any safety measures to observe.
The Organiser must take out a professional liability insurance to protect himself in case of accident.
- Information related to Participants and Privacy
Kraft Your Life will inform the Organiser about information and confidential data of all Participants registered before the beginning of the workshop.
- Communicating with Participant
Kraft Your Life is the only contact person between the Organiser and the Participant for everything concerning the booking and payment of a workshop. For this reason the Organiser agrees not to actively contact or attempt to contact the Participant without the consent of Kraft Your Life in order to book a workshop or obtain payment. He cannot give his phone number, email contacts, personal website or any other communication way in a space that is not dedicated to this purpose (e.g., description of activity, workshop etc..). If a Participant gets in contact with the Organiser before the start of the workshop or for any other reason related to the payment of the amounts owed by the Participant, the Organiser will inform us and follow our instructions on how to respond to the Participant .
Article 5: Financial Conditions
- Free Options
Posting online a workshop is free for an initial period of 6 months from the registration of the Organiser to the Platform. It is understood that the fact that online posts are free of charge does not affect other financial claims by Kraft Your Life, including its right to a commission.
Beyond this initial period, the visibility of the profile of the Organiser will be kept either by posting a minimum of one workshop per six months, or by contracting a paid option.
- Paid options
Paid options to improve the basic profile and visibility of the Organiser are available optionally. Rates and validity periods are shown on the platform.
Prices are quoted in Euros and are valid only from the date of subscription to the paid option by the Organiser.
- Options payment and method of payment
Payment of the full price must be made when subscribing to the option. Payments can absolutely not be considered as a deposit.
The Organiser guarantees Kraft Your Life that he has the necessary permissions to use the method of payment chosen by him, during the validation of the subscription to the paid option.
Kraft Your Life reserves the right to suspend any subscription in case of refusal to authorize payment by credit card by certified organizations.
Kraft Your Life reserves including the right to refuse to honour a subscription from an Organiser with whom a dispute is on-going.
Kraft Your Life is entitled to a commission of 12% (+ VAT if due) upon conclusion of contracts – participants, calculated on the selling price of the workshops.
- Payment to the Organiser
All payments are made online through a secure process. Kraft Your Life collects the payments from the Participants under Contracts – participants. Kraft Your Life pays the sales proceeds to the Organiser, after deducting its commission, the 15th of the month following the month in which the workshop was (or is completed, if the workshop was straddling several months) and provided that the workshop has not been the subject of a complaint or a request for reimbursement of the Participant or must otherwise be paid or deferred in accordance with Contract – participant.
In the event that a dispute is on-going between the various parties, the payment to the Organiser will be retained until the dispute is resolved.
Article 6: Notifications
- Statute of the workshop
The Organiser may at any time see /kra:ft/ status of his studio and the number of tickets sold.
- Confirmation – Notification
A confirmation will be emailed when the workshop is confirmed (minimum number of participants reached) or complete (maximum number of participants reached).
If Participants’ cancellation changes the status from “confirmed workshop” to “unconfirmed workshop”, the Organiser will be notified by email immediately. Kraft Your Life will in no case be held responsible for the change of status and the Organiser shall not be entitled to any compensation.
Article 7: Proof of the transaction
The records stored in Kraft Your Life computer systems in reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable back up media and can be produced as evidence.
Article 8: Cancellation Policy
If for any reason the Organiser must cancel a workshop he posted, he must inform Kraft Your Life without delay and provide the reasons by email to the following email address: firstname.lastname@example.org
The Organiser shall indemnify Kraft your Life for any damages arising from such cancellation. If Participants are entitled to reimbursement of the workshop, Kraft Your Life will refund any amount received from said Participants and still at his disposal. Any additional amount due to the Participants shall be the responsibility of the Organiser.
Article 9: Non-Solicitation
The Organiser shall not actively solicit participants that will have been presented through the platform and enter into any contract for the supply of a workshop with such Participants, if not through the platform and ensuring the commission due to Kraft Your Life. This obligation will last, for each Participant, from the date of the connection with the Organiser and for 6 months after.
Article 10: Responsibility
TO THE FULLEST EXTENT PERMITTED BY LAW, KRAFT YOUR LIFE SHALL HAVE NO LIABILITY WITH RESPECT TO THE ORGANISER, ON THE BASIS OF OR IN CONNECTION WITH THE AGREEMENT, FOR ANY DAMAGES OF ANY KIND AND FOR ANY REASON WHATSOEVER (INCLUDING ANY LOST PROFIT, LOSS OF GOODWILL, LOSS OF VOLUME OF BUSINESS, LOSS OF CONTRACTS, LOSS OF REPUTATION BUSINESS, LOSS OF SAVINGS PLANNED, ETC.).
THE ORGANISER AGREES TO ASSIST AND TAKE UP THE CAUSE FOR KRAFT YOUR LIFE (AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS) (TOGETHER THE COMPENSATED PARTIES) AND RELEASE THEM UP FROM ANY LIABILITY IN CASE OF ACTION (JUDICIAL OR EXTRA JUDICIAL) THAT WOULD BE BROUGHT AGAINST THEM OR CLAIM MADE BY A THIRD PARTY IN CONNECTION WITH (OR DUE TO) LIABILITY, LOSS, DAMAGE, DEATH OR PERSONAL INJURY SUFFERED BY A THIRD PARTY ARISING OUT OF ANY BREACH BY ORGANISER (OR ITS SUBSIDIARY) OF ITS OBLIGATIONS OR WARRANTIES ARISING OUT OF THIS CONTRACT OR A CONTRACT-PARTICIPANT, AND THE ORGANISER AGREES TO PAY THE INDEMNIFIED PARTIES CONCERNED ALL COSTS (INCLUDING LEGAL AND COUNCIL FEES) AND DAMAGES INCURRED UNLESS THE ABOVE CLAIMS OR ACTIONS WERE CAUSED OR FAVORED BY A DOL OR MISCONDUCT OF THE INDEMNIFIED PARTIES CONCERNED.
Article 11: Miscellaneous
If any provision of the Contract and its annexes (including these Terms & Conditions) should be declared invalid or unenforceable for any reason whatsoever, it shall be, as far as possible, adapted rather than invalidated in order to best comply with the parties’ intent. In all cases, all other provisions of the Contract and its annexes (including these Conditions) shall remain valid and enforceable to the extent that they are compatible.
The waiver by either party to enforce its rights as a result of a breach by the other party of any of its obligations shall not be deemed a waiver of its rights in respect of a subsequent breach.
- Applicable Law
THE CONTRACT AND ANNEXES (INCLUDING THESE TERMS & CONDITIONS) ARE SUBJECT TO THE LEGAL MATERIAL OF SWITZERLAND, WITH THE EXCLUSION OF RULES OF PRIVATE INTERNATIONAL LAW.
ANY DISPUTE RELATING TO THE CONTRACT AND ITS FINANCIAL STATEMENTS (INCLUDING THE TERMS) WILL BE THE EXCLUSIVE JURISDICTION TO JURISDICTION OF KRAFT HEADQUARTERS YOUR LIFE. ANY APPEAL TO SWISS FEDERAL COURT IS RESERVED.
Date: March 30th , 2015