Welcome and thank you for your trust. You will find below the General Terms and Conditions of Sale applicable to the website companysa.co
BY VALIDATING THE ORDER FORM, THE CUSTOMER AGREES TO WAIVE HIS 14-DAY RIGHT OF WITHDRAWAL IN ORDER TO BE ABLE TO BENEFIT IMMEDIATELY
Capitalized terms have the following definitions:
“CompanySa” means The Company SA LLC at 1121 Old Town Ln, Unit 13B, Cheyenne, WY 82009.
The “Site” refers to the website(s) accessible from the URL companysa.co; and all sites published by CompanySa to present and sell its Services.
The “User” refers to any person browsing the Site.
The “Service” refers to all the services available for order on the Site, and in particular the following services
Online training (provision of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint etc. constituting the training materials)
Downloadable documents of the ebook type.
The “Order” refers to any subscription of a Service by the Client to CompanySa via the Site.
The “Client” refers to the natural or legal person, professional or not, subscribing to a Service from CompanySa.
The “General Sales Conditions” or “GSC” refers to the present general sales conditions applicable to the contractual relationship between CompanySa and its Clients, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.
The “Identifiers” refers to the user name and password provided by CompanySa to the Client so that he can access, via the Site or any other connection means, the subscribed Service.
The “Partner” refers to any professional partner with whom CompanySa has a business relationship in the context of the provision of the Service and to whom the Client may be referred in the context of the provision of the Service.
The “Product” refers to any online product offer whose content is presented on the Site, generally consisting of written training materials, recorded videos and audios, or books in digital format.
FIELD OF APPLICATION
2.1. Purpose. The GTCs govern the provision of the Service to the Client, which includes the conditions of use of the Site published and made available by CompanySa.
2.2. Access to the GTC. The GTC are accessible at any time on the Site and prevail, if necessary, over any other version, previous or future. The GTC take effect from the date of their update indicated at the top of the present document, and apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels.
2.3. Acceptance of the GTC. Before placing an Order, the Customer declares that he/she has read and accepted the GTC, which implies unreserved acceptance of the GTC. By accepting, the Client acknowledges that, prior to any Order, he/she has received sufficient information and advice from CompanySa on the Site, enabling him/her to ensure that the content of the Order is appropriate to his/her needs. The GTC constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
By placing an Order, the Customer declares that he/she is of legal age and capable of entering into a contract under the law of his/her country or that he/she represents, by virtue of a valid mandate, the person for whom he/she is subscribing to the Service. In any event, the Customer guarantees that he/she has the necessary authorisations to use the payment method selected when validating the Order.
In the absence of proof to the contrary, the data recorded by the Site shall constitute proof of all facts, acceptance and transactions.
2.4. Scope of the GTC. The Customer may request a copy of the version of the GTC applicable to his/her Order at any time. No specific condition, at the Client’s initiative, may be added to and/or substitute for the present terms and conditions. CompanySa reserves the right to provide special conditions for its Services, special offers, special guarantees, etc. which are provided to the Client before the Order on the Site. The fact that CompanySa, at a given time and for whatever reason, does not take advantage of a breach by the Client of any of the obligations contained herein, shall not be interpreted as a waiver of the right to take advantage of it for the future.
3.1. Presentation. The Customer may refer to the presentation of the Service on the Site, which is summarised on the Order page and in the confirmation e-mail. The Customer is expressly warned that any Service offered is subject to change. Only the Service described in the Order is due to the Customer.
3.2. Language. The Service is provided by CompanySa in the French language.
3.3 Information on the Services. The Services governed by the GTC are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, CompanySa cannot be held responsible unless it is a substantial element of the offer in question.
3.4. Version and updates. The Service subscribed to by the Client is provided in its version up to date at the date of purchase. Updates are not included in the price of the Service.
3.5 Satisfied or refunded guarantee. CompanySa can optionally offer a “satisfied or reimbursed” guarantee for a period of 30 days from the date of order. To be valid, the guarantee must be specified at the time of the order. Thus, the Customer has 30 days from the date of the order to request a refund if he/she is not completely satisfied with the Service. He/she must send his/her request within this period to email@example.com and will be reimbursed within a reasonable period.
3.6 Delivery of modules. For an online product comprising one or more modules, delivery means making available the first module, session or order document thanks to the Identifiers created by the Client or provided by CompanySa after the Order or by any other electronic method provided for in the Order. The Client expressly accepts that he/she may not request immediate access to all the modules immediately after his/her Order but that these will be delivered to him/her according to the terms of the contract.
Subject to the provisions relating to the right of withdrawal set out in Article 6 hereof, for all products :
Less than two months old and comprising only one module, this module shall be delivered directly after confirmation of the Order,
More than two months old and comprising at least two modules, the first module shall be delivered directly after confirmation of the Order and the following modules with an interval of one month between each delivery.
DURATION OF SERVICE
The Service is provided to the Client for the duration specified on the Site at the time of the Client Order.
Where no duration is defined, then the Service remains accessible for at least one year after the Service has been fully delivered, and CompanySa may withdraw access at any time thereafter.
In case of purchase of an online product or any other offer of access to content, the materials are provided with PDF and audio versions which the Client must download in their latest version before the expiry of his access rights to the Service.
SUBSCRIPTION OPTIONS – The duration of the service can be in the form of a subscription.
Monthly subscription with a firm commitment period.
The monthly subscription is taken out by the Customer for a minimum period of 1 month. Validation of the Order by the Customer implies a firm and irrevocable commitment to pay the full price of the Service for the initial subscription period. At the end of this period, the Customer may terminate the subscription at any time by giving at least ten (10) days’ notice prior to renewal. The termination will take effect at the end of the current subscription month. No other sum will be demanded and no sum already paid for the subscription will be refunded. Any month started is due in full.
Monthly subscription without commitment.
In the case of a monthly subscription without commitment, the Customer may terminate his commitment by sending a request to firstname.lastname@example.org with at least ten (10) days’ notice before the renewal. The termination will take effect at the end of the current subscription month. No other sum will be demanded and no sum already paid for the subscription will be refunded. Any month started is due in full.
Subscription with a tacitly renewable commitment.
When the Service is provided for a minimum commitment period of one year, it is tacitly renewed for a period of one year on each anniversary date of the Order. CompanySa will send to the Client by email at the earliest three months and at the latest one month before the renewal date, in an apparent box, the information that it may not renew the subscription and the deadline by which the Client must inform CompanySa that it does not wish to renew the contract. If this information has not been sent to the client, the client can terminate the contract free of charge at any time after the renewal date.
The Customer may terminate his subscription at the end of each annual period by e-mail to email@example.com or by registered letter to the following address, at the latest 30 (thirty) days before the renewal date of the contract. In the event of late termination, the contract will be renewed until the end of the next period, which must be paid in full by the Customer, which he expressly accepts.
Article L215-1 of the Consumer Code: “For contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information.
Article L215-2 of the Consumer Code: “The provisions of this chapter are not applicable to operators of drinking water and sanitation services.”
Article L215-3 of the Consumer Code: “The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.”
Article L241-3 of the Consumer Code: “Where the trader has not made a refund in accordance with the conditions laid down in Article L. 215-1, the sums due shall bear interest at the legal rate.”
5.1. Ordering on the Site. After having selected the Service he wishes to subscribe to on the Site, the Client is directed to an order page on which he enters his personal details (surname, first name, email, postal address, telephone number…) and the payment terms (single or multiple payments, payment method). The Client is solely responsible for the accuracy of the information provided and guarantees CompanySa against any false identity. The Client may not hold CompanySa responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Service.
In particular, the Client must have a functional electronic mailbox for sending and receiving. Otherwise, he will not be able to receive written confirmation of his order at the e-mail address provided, nor will he be able to receive his access codes for the Service.
5.2 Obligation to pay. Any Order received by CompanySa is considered firm and definitive, entails full and complete acceptance of the GTC under the conditions provided for, and the obligation to pay for any Service ordered.
5.3. Electronic signature The online provision of the Client’s bank details and the final validation of the order shall constitute proof of the Client’s agreement and shall constitute (i) payment of the sums due for the Order placed and (ii) signature and express acceptance of all the operations carried out during the Order on the Site (checkboxes, unchecked boxes, validation click, etc.).
5.4. Validation of the order. After having read and accepted the GTC on the order page, the Customer is directed to an order summary page, on which he/she provides his/her bank details before validating his/her payment. It is the Customer’s responsibility to check the summary information of their order and to correct it if necessary, before validating the payment of the Order. This second click definitively confirms the Customer’s order.
5.5. Order confirmation. The Client will receive an email confirming and summarising the order as soon as the payment has been validated by CompanySa or its payment service provider.
5.6. Proof of the transaction. The computerised registers, kept in CompanySa’s computer systems in reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
6.1. Applicable rates. The Service subscribed to is delivered at the rates in force on the Site at the time of the registration of the Client’s Order by CompanySa.
The prices are indicated in Euros and take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services. The prices indicated on the Site are provided inclusive of all taxes. It is the responsibility of the professional to carry out any useful verification and to comply with his tax obligations, in particular with regard to VAT, for which the Client is solely responsible.
In the event of an international sale, any customs duties and various taxes payable are to be borne by the Customer and are his sole responsibility. It is up to the professional Client to proceed with any useful verification and to comply with his fiscal obligations. CompanySa cannot assume any responsibility in this respect and the Client is solely responsible.
6.2. Payability of sums. The validation of the Order makes all the sums due for it payable. By validating the order, the Client authorises CompanySa (or its partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Client, according to the possible due dates indicated in the summary of the Order.
6.3. Payment methods. In order to pay for the Order, the Client may choose from all the payment methods made available by CompanySa on the Site.
Direct debit: The Client chooses the direct debit method with the secure systems and services provided by third parties on the Site and subject to their own contractual conditions over which CompanySa has no control – in particular Stripe (https://stripe.com/payment-terms/legal), Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR) or Gocardless (https://gocardless.com/fr-fr/legal). In this case, the payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method proposed by the payment service provider and the choice of the Client. CompanySa reserves the right to use the payment service providers of its choice and to change them at any time.
6.4. Debit authorisation. By communicating his bank details at the time of the sale, the Client authorises CompanySa to debit the account for the amount of the price indicated on the Site for the corresponding Service. The Client guarantees CompanySa that he is of age and that he has the necessary authorisations to use the method of payment chosen by him when validating the order form.
6.5. Special offers and discount vouchers. CompanySa reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its Services and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of the Customer’s order, who may not take advantage of other rates, whether prior or subsequent to his order. The discount vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and can only be used once.
6.6. Payment incident – Fraud. CompanySa reserves the right to suspend any Order processing and any delivery of the Service in case of refusal to authorise payment by credit card by officially accredited organisations or in case of non-payment. CompanySa reserves the right to refuse to honour an order from a Client who has not paid in full or in part for a previous Order or with whom a payment dispute is in progress.
CompanySa may contact the Client to ask for additional documents to execute the payment of the Order. CompanySa can rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for CompanySa to confirm the Order. In order to fight against credit card fraud, a visual check of the means of payment may be carried out by CompanySa before making the Service available. In case of fraudulent use of his credit card, the Client is invited, as soon as he notices such use, to contact CompanySa, without prejudice to the steps to be taken by the Client with his bank.
6.7. Default or late payment. The interest and penalties provided for by the law apply in case of default or late payment by the consumer or professional Client.
6.8. Payment facilities. If CompanySa offers the Client the possibility to pay the total amount of a certain fixed price in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Service. The full price corresponding to the sum of the instalments is due, regardless of the number of payments envisaged. The last payment date set shall never be more than three months after the end of the supply of the Service and/or the closure of the Customer’s access to the Service. This payment facility does not constitute a credit or microcredit. When payment in several instalments is offered, the first instalment is paid on the day of the order and the subsequent instalments with an interval between each payment specified in the order summary (unless otherwise stated, one month between each payment). In this case, the client guarantees the validity of the bank information until the last payment date. CompanySa reserves the right to refuse an order in several instalments if the bank card expires before the last payment or if the secure payment service provider objects.
RIGHT OF CANCELLATION
7.1. Time limit. The Customer may withdraw from the GTC without giving any reason within a period of fourteen calendar days starting on the day after the order was placed (the day after the day on which the contract was concluded). If the period expires on a Saturday, Sunday or public holiday, it shall be extended until the end of the last hour of the next working day.
7.2. Exercise. To exercise the right of withdrawal, the Customer shall notify at 1121 Old Town Ln, Unit 13B, Cheyenne, WY 82009 and firstname.lastname@example.org, of his decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). This is a consumer right and not a commercial guarantee.
In case of withdrawal for one or more Services, CompanySa will reimburse the price paid within fourteen days from the day after receipt of the withdrawal decision, by the same means of payment as the one used for the initial transaction, unless the Client accepts a different means.
PLEASE NOTE THAT THIS RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE CASE OF :
– Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal;
– Supply of digital content not provided on a tangible medium where performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal;
– Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
– Supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
– Supply of goods made to the consumer’s specifications or clearly personalised;
– Supply of accommodation services, other than residential accommodation, transport services of goods, car rental, catering or leisure activities that are to be provided on a specific date or at a specific time (conference, live event…);
– Where the Client is a professional.
If the Client asks to benefit from a service, directly after the order without waiting for the end of the withdrawal period but does not renounce his right, he will pay CompanySa an amount corresponding to the Service provided until the communication of his decision to withdraw. This amount is proportionate to the total price of the service agreed upon at the time of the order. If the total price is excessive, the appropriate amount will be calculated on the basis of the market value of what has been provided. Otherwise, he shall have the right of withdrawal under the above-mentioned conditions.
Within the framework of legal exceptions and when required by law, the Client may be asked at the time of the order to indicate his agreement to receive the Service before the end of the withdrawal period and/or to renounce his right of withdrawal via a tick box or any other appropriate means. Otherwise, CompanySa reserves the right not to send any content to the Client before the end of the fourteen day period, which the Client expressly accepts.
CONDITIONS OF ACCESS TO THE SITE AND THE SERVICE
8.1. Access to the Site. The Site is accessible free of charge to any person with Internet access. All costs related to the access to the Site, be it hardware, software or Internet access costs are exclusively at the charge of the User. CompanySa cannot be held responsible for any material damage related to the use of the Site. Moreover, the User commits himself to access the Site using recent equipment, free of viruses and with a last generation updated browser. The User is solely responsible for the proper functioning of his/her computer equipment as well as his/her access to the Internet, in order to access the Site and the Service.
8.2. Access to the Service. CompanySa will provide the Identifiers allowing access to the Service at the latest within 24 hours from the date and time the Client placed his Order, subject to the acceptance of the payment by his bank. It is therefore essential to provide a valid e-mail address. The conditions of access to the Service may vary according to the conditions for exercising the right of withdrawal, in accordance with the terms of the GTC and the law.
The Client is invited to contact CompanySa if he has not received or if he has lost his Identifiers so that they can be reset within 72 hours. The subsequent provision of the Identifiers releases CompanySa from any responsibility towards the Client who cannot hold it responsible for the unavailability of the Service.
8.3. Individual and personal nature of the Identifiers. All connection identifiers provided by CompanySa to the Client are strictly personal, individual, confidential and non-transferable. The Client undertakes to subscribe to the Service for exclusively personal purposes and declares that he will not resell, distribute or rent to third parties all or part of the Services and in particular the content of the Services or any other product received in the context of his Order. Any Customer who fails to comply with this undertaking shall be liable to prosecution. The Client will be responsible for any unauthorised, fraudulent or abusive use of his Identifiers and will inform CompanySa without delay of the loss or theft of the latter. In the event of a proven violation of the conditions of access to the Site or Service, CompanySa reserves the right to suspend access to the Service, without compensation, notice or prior information.
8.4. Number of accesses. Except in the case of specific conditions providing for more extensive access, the subscription to a Service by a Client includes access rights for one person only, regardless of the number of employees or establishments of the Client. If the Customer wishes several of its employees, collaborators, partners or any other person to have access to the Service, it must subscribe to as many contracts as the number of persons for whom access to the Service is desired.
8.5. Maintenance. The Site may be subject to maintenance operations and CompanySa reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to ensure maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
8.6. Contractual responsibility. CompanySa uses all reasonable means at its disposal to ensure continuous and quality access to the Site and the Service, but is under no obligation to do so. In particular, CompanySa cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site or the Service.
8.7. Good faith use – Third party sites. Any contribution space on the Site to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Client shall refrain from any defamatory, threatening, hateful, intolerant, obscene, etc. remarks and from any denigrating publication likely to infringe upon the rights of CompanySa, other Users, third parties or contrary to the law.
CompanySa reserves the right to refuse access to all or part of the Site, the Service, the contribution spaces and groups or to limit access rights to the contribution spaces and groups, unilaterally and without prior notification to any Client who does not respect the GTC, the possible conditions of use of the Site, the Service and/or all sites, platforms and third party tools accessible within the framework of the Service or more generally, any legal or regulatory obligation.
The Client undertakes to inform himself of the conditions of use of all sites, social networks, platforms and third party tools accessible within the framework of the Service and to conform to them. CompanySa has no control over these conditions and declines all responsibility in case of banishment or litigation of the Client with these third party sites.
PROTECTION OF PERSONAL DATA
CompanySa respects the privacy of its Users and Clients. It commits itself to ensure that the collection and automated processing of their data for the purpose of improving the Site and the Service, the provision of the latter, commercial prospecting, the management of Orders, contracts and disputes comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act in its latest version.
The Client’s personal data will not be kept beyond the period strictly necessary for the purposes indicated. Certain data allowing to establish the proof of a right or a contract, can be the object of an intermediate archiving policy for a duration corresponding to the periods of prescription and foreclosure of the legal or administrative actions likely to occur.
In accordance with the French Data Protection Act and the RGPD, the Customer or any person concerned by the processing has, according to the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be subject to an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is informed and accepts that the Site and/or the Service may include technical devices that make it possible to monitor use (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and that may be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Any request to exercise this right can be sent by e-mail to email@example.com. Any person concerned by a processing operation has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.
For more information on the automated processing of data and how to exercise their rights, all Users can consult the confidentiality policy accessible at any time on the Site and the information on the cookies used by CompanySa.
PARTNER SITES – HYPERTEXT LINKS
The User may access, via the hypertext links present on the Site or as part of a Service, the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the GTC. The User is therefore invited to take note of the contractual conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these Partner or third party sites.
CompanySa has no control over the said sites and contents and declines all responsibility for their contents and the use made by any third party of the information contained therein. This clause applies to all content of the Partners.
If a third party site directs its users to the Site, CompanySa reserves the right to ask for the deletion of the hypertext link pointing to the Site if it considers that this link does not comply with its rights and legitimate interests.
FORCE MAJEURE OR FORTUITOUS EVEN
The execution of CompanySa’s obligations under the terms of the present contract is suspended in the event of a fortuitous event or force majeure that would prevent its execution. This suspension may concern all or part of the Service. In this case, CompanySa will inform the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to a refund. If the definitive impediment is partial, only a partial refund will be granted.
Under the conditions provided for by law, Customers expressly accept that they may not invoke force majeure to postpone payment (of an invoice, for example) for a Service provided or in the process of being provided, or refuse delivery of an Order placed.
The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognised by the jurisprudence of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to CompanySa, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of CompanySa.
CompanySa cannot be held responsible for any difficulties encountered by the User or the Client in accessing the Site and/or the Service due to a technical or software failure or any other cause beyond its control. The Client acknowledges that he/she is aware of the technical hazards inherent to the Internet and the mobile network and the malfunctions that may result. Consequently, CompanySa cannot be held responsible for any unavailability, slowing down or failure of the Internet network or any other computer solution, except in case of proven negligence on its part.
Furthermore, in case of incapacity of the person(s) in charge of the Service, due to illness, accident, family reasons, etc., CompanySa reserves the right to replace him/her without the Client being able to demand any indemnity. CompanySa will inform the Client within a reasonable period of time of this incapacity and as far as possible of its duration.
CompanySa or its Partners are the holders of all intellectual property rights relating to the Site and the Service. The intellectual property rights concern in particular but not exclusively all the contents, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site or constituting the tools and supports delivered on the Site and in the framework of the Service.
Access to the Site and the Service does not confer any right to the User or the Client on the intellectual property rights relating to the Site and the Service, which remain the exclusive property of CompanySa or its Partners.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site and the Service without the prior written authorization of CompanySa or its Partners.
Any exploitation not previously authorized by CompanySa or its Partners, in any capacity whatsoever, of all or part of the Site or the Service may be subject to any appropriate action, in particular an interruption of access to the Service or an action for infringement.
In consideration of the payment of the price requested at the time of the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information in the Service are subject to a strictly personal, non-transferable and non-exclusive right of use for the duration of the Service selected by the Client at the time of the Order for the duration of the contract only.
In this respect, the Customer shall refrain from using and exploiting the Service on behalf of other persons, including his employees or entourage. The Customer shall be liable for any unauthorised transfer or communication of the content of the Service or for the sharing in any way whatsoever of the Customer’s login details. The Client is responsible for the respect of the intellectual property rights of CompanySa or its Partners by all its employees who may have access to the restricted contents of the Site and all the contents of the Service.
All the distinctive signs used by CompanySa are protected by law and any unauthorized use by CompanySa may give rise to legal proceedings. CompanySa reserves the right to close the Client’s access to the Service in case of violation of its intellectual property rights, without prejudice to any penalties and damages.
CUSTOMER REFERENCES AND COMMUNICATION
13.1. Client reference. Clients may be asked by CompanySa to be mentioned as beneficiaries of the Service. With the agreement of the Client, CompanySa may be authorised to mention the name of the Client, the opinion he gave to CompanySa on the Service as well as an objective description of the nature of the Service provided to him in its reference lists and proposals to its prospects and Clients, notably on the Site, for advertising and promotional purposes, in interviews with third parties, in communications to its personnel, in internal management planning documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
13.2. Authorisation to operate. When the Client sends writings, videos and/or photographs to CompanySa to give his opinion or testify on the Service provided by CompanySa and if necessary issues comments or publications concerning CompanySa (for example, on its social networks), to which his identifier and profile photo on the social networks are attached, then the Client authorises CompanySa to exploit these contents for the promotion of its commercial activities. The contents are likely to be protected by image rights and/or copyrights, and in this case, the Client grants CompanySa the possibility to adapt them (in form) and to reproduce them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, CompanySa may take screenshots of publications on social networks concerning it or the Service from which the Client benefited, and reproduce them on the Site as an opinion.
The Client acknowledges that he is fully entitled to his rights and may not claim any remuneration for the exploitation of the rights referred to in the present paragraph. These rights are granted for the lifetime of the Client concerned, plus 70 years, and for the whole world. CompanySa reserves the right to submit to the Client any other request for authorisation of photography and transfer of rights, for all cases not provided for in the present paragraph or on a one-off basis.
13.3. Event. The provisions of the preceding paragraph apply identically to videos and photographs taken during any type of event (public, reserved for clients, webinars, training courses, etc.) organized or co-organized by CompanySa. Events may be recorded and published by CompanySa, including on social networks in the form of extracts or as free or paid replays. If the Client does not wish to appear, he/she will be requested to stand at the back of the room, not to participate in group photos, not to make a sign to the photographer / cameraman in whose field he/she could be placed. When the event is remote, the Client may choose a pseudonym and not activate his camera so as not to appear in the screen captures. It is the responsibility of Professional Clients to inform their recipients of the Product or Seminar of the conditions under which the shots are taken.
CHANGES TO THE GENERAL CONDITIONS
CompanySa reserves the right to modify the terms, conditions and mentions of the GTC at any time and without prior notice in order to adapt them to the evolution of the Site or its operation, and the characteristics of the Service. The applicable conditions are those accepted by the Customer and sent to the Customer in case of distance selling by any means of communication on a durable medium.
The modifications of the GTC made by CompanySa will not apply to the Services already subscribed to, except for the clauses linked to the technical evolution of the Service, as long as it does not result in an increase in price, nor an alteration of the quality or characteristics to which the non-professional or consumer Client has made his commitment.
The Customer may also be asked to accept the modified GTCs and, failing that, the last accepted GTCs shall continue to apply until the Service is fully executed. In case CompanySa cannot continue to provide the Service under the previous conditions, the Client has the right to ask for termination and reimbursement. In this case CompanySa may retain an amount corresponding to the service provided until termination, under the conditions provided by law.
15.1 Guarantee. Except in the conditions of the legal or commercial guarantees that may be applicable, CompanySa is not bound to any obligation of result and does not provide any express or implicit guarantee, including, but not limited to, the continuity, performance, result, or durability of the Service provided, which are subject to a hazard.
The price of the Service does not include any costs incurred by the Client in the course of its activities to achieve its objectives and any amount of costs, e.g. for advertising, is always provided as an indication only in the context of the Service.
Any objectives, success stories or examples presented by CompanySa on the Site and in the context of the Service presuppose the concrete and effective implementation of all the advice, techniques and tools that may be provided in the context of the Service and in no way constitute a promise of gain or result. CompanySa can in no way guarantee the Client that he will obtain similar results and these references are only used as examples.
15.2. Responsibility of Users and Clients. The User or the Client is solely responsible for the interpretations he makes of the information provided under the Services, for the advice he deduces or which has been provided to him under the Services and for the adaptations made for his own activities. The use of the information is made under the sole responsibility of the Client and at its own risk, which the Client expressly accepts.
The Customer acknowledges that he has received sufficient information and advice before committing himself and is aware that any result sought involves, by its very nature, risks and requires considerable effort. The Client declares that he is perfectly aware that the proposed Services are only informative and do not commit CompanySa to obtaining any result whatsoever by the Client, except in the case of a commercial and specific guarantee applicable to the Service. Any Service cannot be considered as a medical, psychological, legal or financial service. It does not lead to a diploma recognized by the State, and has never been proposed as such by CompanySa. The Client remains perfectly free to withdraw from the Service under the conditions stipulated in the contract. He acts under his sole and exclusive responsibility.
15.3. Limitation of liability. Whatever the type of Service formula selected by the Professional Client, CompanySa’s liability is expressly limited to the compensation of direct damages proven by the Professional Client. Under no circumstances will CompanySa be held liable for indirect damage such as loss of data, files, operating loss, commercial loss, loss of earnings, damage to the image and reputation of the Professional Client. Similarly, CompanySa cannot be held responsible for direct and indirect damage caused to the User’s equipment when accessing CompanySa and resulting either from the use of equipment that does not meet the conditions provided for, or from the appearance of a bug or incompatibility.
In any case, CompanySa’s liability towards professionals is limited to the amount of the price paid by the client, exclusive of tax, in exchange for the provision of the service in question. THIS AMOUNT SHALL BE CONSIDERED AS THE MAXIMUM AMOUNT THAT CompanySa MAY BE REQUIRED TO PAY AS INDEMNITY (DAMAGE AND INTEREST) AND PENALTIES, WHATEVER THE CLAIMS ALLEGED AND THE LEGAL BASIS DEEMED, UNLESS LAW OR JURISPRUDENCE PROHIBITS IT.
The GTC and all the purchase and sale operations referred to therein are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by CompanySa does not imply a waiver of the other clauses of the present contract which continue to have effect.
The client accepts that CompanySa may transfer the present contract to its affiliated companies or to a buyer without its prior agreement.
17.1. Amicable resolution. In the event of a dispute, the Client will first contact CompanySa to try to find an amicable solution.
In the event of difficulty in the application of this contract, the consumer Client residing in Europe may, before taking any legal action, request recourse to a consumer mediator identifiable on the website https://www.economie.gouv.fr/mediation-conso
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may refer to the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
17.3. Disputes between professionals. IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CLIENT AND CompanySa CONCERNING THE SERVICE, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GIVEN TO THE COURTS WITHIN THE CITY OF THE HEAD OFFICE OF CompanySa, WITHOUT ANY PLURALITY OF DEFENDANTS OR APPEAL FOR GUARANTEE, EVEN FOR EMERGENCY PROCEEDINGS OR CONSERVATIVE PROCEEDINGS BY WAY OF REFERRAL OR APPLICATION.