The Club Cult is operated by AGENCY CULT SASU, a simplified joint-stock company incorporated under French law.
These Terms of Use govern access to and use of the Platform. They form a binding contract between Agency Cult SASU and each User. By creating an account or using the Platform you accept these Terms. Terms written with a capital letter have the meaning given in the Legal Definitions Master.
The Club Cult is a private network. It connects Members, Experts and Curators. For Services, The Club Cult acts as an intermediary that facilitates the Booking between a Member and an Expert. The Club Cult is not the provider of the Service, is not a party to the contract for the Service and does not guarantee its quality or outcome. The Service contract is formed between the Member and the Expert. For Events, the Curator is the host and is responsible for the Event.
You must be at least 18 years old to use the Platform. Access is by application, invitation or referral, followed by review by a human admissions committee. You must provide accurate information and keep it current. Your account is personal. You may not share, sell or transfer it, and you are responsible for keeping your credentials secure. An Expert may authorise a Delegate to act on the Expert behalf, within the authority given, as set out in the Expert Terms. Delegation is available to Experts only.
Access to the Platform requires a Membership. Membership and the Subscription are purchased on the website only. No purchase of Membership takes place inside the iOS application and no Apple in-app purchase is used. The iOS application gives access to an account that has already been approved and for which the Subscription has been paid on the website. The terms of Membership are set out in the Membership Terms.
A Member may book a Service from an Expert through the Platform. Payment for a Service is processed through Stripe Connect, where the Expert is the merchant of record and Agency Cult SASU receives a Commission. The detailed terms are set out in the Booking and Payment Terms and the Cancellation and Refund Terms. A Curator may create and host an Event and manage its guestlist. Registration for an Event is governed by the terms presented at the point of registration.
You agree to use the Platform lawfully and in good faith. You must not:
The Club Cult does not tolerate discrimination. No User may refuse, degrade or condition access to a Service, an Event or an interaction on the ground of origin, sex, family situation, pregnancy, physical appearance, state of health, disability, sexual orientation, gender identity, age, political opinion, religion or any other characteristic protected by French and European law. Conduct of this kind is a serious breach of these Terms.
You are responsible for the content you publish, including profile content, community posts, messages and reviews. A review must be honest and must relate to a genuine experience. You grant Agency Cult SASU a non-exclusive, worldwide, royalty-free licence to host, display and distribute the content you publish on the Platform, for the sole purpose of operating and promoting the Platform, for the duration of publication and a reasonable period afterwards for backup and legal purposes. You retain ownership of your content. When you delete your account, your authorship of reviews and community content is anonymised, while the content may remain where it is necessary for the rights of other Users and the integrity of the Platform, as described in the Account Deletion and Data Rights document. Where the law requires full deletion, we delete it.
The Club Cult is a registered European Union trademark (EUIPO 019257374) owned by Agency Cult SASU. The Platform, its software, its design, its logos and its content are protected by intellectual property law and remain the property of Agency Cult SASU or its licensors. We grant you a personal, non-transferable, revocable licence to use the Platform for its intended purpose during your Membership. You may not reproduce, adapt or exploit any part of the Platform without our prior written consent.
10.1 General right. Under Articles L221-18 to L221-28 of the Code de la consommation, a User who is a consumer in the European Union has the right to withdraw from the Membership contract within 14 days of subscription, without giving a reason.
10.2 Waiver for a digital service with immediate access. Under Article L221-25 of the Code de la consommation, where you ask for immediate access to the Platform at the time of subscription, your right of withdrawal is lost once access has been provided and you have expressly acknowledged this. At subscription you will be asked to confirm the following before access begins: that you request immediate access, that you agree your right of withdrawal will be lost once access is provided and that you expressly waive that right. We record the time, the IP address and the version of the text of your acknowledgement.
10.3 Events and dated Services. Under Article L221-28, 12 of the Code de la consommation, the right of withdrawal does not apply to leisure services and to Services or Events provided on a specific date or for a specific period. This applies to dated Bookings and to Event registrations.
Cancellation of a Membership and refund rights are set out in the Membership Terms. Cancellation of a Booking and the related refund rules are set out in the Cancellation and Refund Terms. Nothing in these Terms reduces a consumer below the protection of the Code de la consommation.
We may suspend or terminate access where there is a serious or repeated breach of these Terms, a payment failure or chargeback that is not resolved, a credible safety or legal concern, or fraudulent conduct. Where the situation is not an immediate safety risk we give notice and an opportunity to respond. You may close your account at any time as described in the Account Deletion and Data Rights document. Termination does not affect obligations that arose before it.
In accordance with Regulation (EU) 2022/2065 (Digital Services Act), any User or third party may notify us of content on the Platform considered illegal, by email to legal@theclubcult.com, describing the content, its location and the reason. We will act on a valid notice in a timely, diligent and non-arbitrary way, and we will inform the notifier and, where we remove or restrict content, the User concerned, with a statement of reasons and the means to contest the decision. Our single point of contact for these matters is legal@theclubcult.com.
The Club Cult is responsible for operating the Platform with reasonable care. The Club Cult is not liable for the quality, delivery or outcome of a Service, which is the responsibility of the Expert, nor for an Event, which is the responsibility of the Curator. To the extent permitted by law our liability is limited to foreseeable loss arising directly from our own failure. Nothing in these Terms limits liability that cannot be limited under French law, including liability for personal injury caused by negligence or for fraud, or any mandatory consumer right.
We process personal data as described in the Privacy Policy and the Cookie Policy.
If you have a complaint, contact us first at legal@theclubcult.com so we can try to resolve it. Where you are a consumer and a complaint about your Membership is not resolved within a reasonable time, you may refer the matter free of charge to the consumer mediator designated by Agency Cult SASU under Articles L611-1 and L616-1 of the Code de la consommation.
Approved placeholder: consumer mediator name and contact to be inserted once the mediator is appointed.
You may also use the European Commission Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
We may change these Terms. For a material change we give at least 30 days notice before it takes effect. Continued use after the effective date constitutes acceptance, except where the law requires your explicit consent.
These Terms are governed by French law. Any dispute that cannot be resolved amicably falls under the jurisdiction of the courts of Paris. A User who is a consumer keeps the protection of mandatory law and, under Article 18 of Regulation (EU) 1215/2012, may bring proceedings in the courts of their place of domicile in the European Union.
Agency Cult SASU, 44 Rue du Bac, 75007 Paris, France. General contact hi@theclubcult.com. Legal and data protection legal@theclubcult.com.