GENERAL TERMS AND CONDITIONS
Welcome and thank you for your trust. You will find below the General Terms and Conditions of Sale applicable to the www.attraction-seduction.com website.
DEFINITIONS
Capitalized terms refer to the following definitions:
"Digital Program" refers to [La Société EXCELLENCE EDITIONS, headquartered at 66 avenue des Champs-Élysées 75008 Paris, France, registered with the Registre du Commerce et des Sociétés under number 894 278 910, whose VAT number is FR72894278910.
The "Site" refers to the website(s) accessible via the URL link
www.attraction-seduction.com and all sites published by Programme numérique 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 :
Online training (provision of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint presentations, etc. constituting training materials)
Downloadable ebook-type documents.
Order" refers to any subscription for a Service by the Customer to Programme numérique via the Site.
The "Customer" refers to the natural person or legal entity, professional or otherwise, subscribing to a Service from Programme numérique.
General Sales Conditions" or "GSC" refers to the present general sales conditions, applicable within the framework of the contractual relationship between Programme numérique and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.
Identifiers" refers to the user name and password provided by Programme numérique to the Customer in order to access, via the Site or any other means of connection, the subscribed Service.
Partner" refers to any professional partner with whom Programme numérique has a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.
The "Product" refers to any online product offering 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. Scope. The GCS govern the provision of the Service to the Customer, including the conditions of use of the Site published and made available by Programme numérique .
2.2. Access to the GTS. The GCS are accessible at all times on the Site and prevail, where applicable, over any other version, previous or future. The General Terms and Conditions of Sale take effect on the date they are updated, as indicated at the top of this document, and apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.
2.3. Acceptance of the GCS. Before placing an Order, the Customer declares that he/she has read and accepted the General Terms and Conditions of Sale, which implies unreserved acceptance of the General Terms and Conditions of Sale. By accepting, the Customer acknowledges that, prior to any Order, he/she has received sufficient information and advice from Programme numérique on the Site, enabling him/her to ensure that the content of the Order is suited to his/her needs. The GCS 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 has the capacity to contract under the law of his/her country, or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is subscribing to the Service. In any case, the Customer guarantees that he/she has the necessary authorizations to use the payment method selected when validating the Order.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
2.4. Scope of the GCS. The Customer may request a copy of the version of the GCS applicable to his Order at any time. No specific condition, at the Customer's initiative, may be added to and/or replace the present terms and conditions. Programme numérique reserves the right to stipulate special conditions for its Services, special offers, special guarantees, etc., which are provided to the Customer before the Order is placed on the Site. The fact that Programme numérique, at any given time and for any reason whatsoever, does not avail itself of a breach by the Customer of any of the obligations contained herein, shall not be interpreted as a waiver of the right to avail itself of such obligations in the future.
SERVICE FEATURES
3.1. Presentation. The Customer may refer to the presentation of the Service on the Site, which is summarized on the Order page and in the confirmation e-mail. The Customer is expressly warned that all Service offers are subject to change. Only the Service described in the Order is due to the Customer.
3.2. Language. The Service is provided by Digital Program in the French language.
3.3 Information on the Services. The Services governed by the GTS are described and presented as accurately as possible. However, Programme numérique shall not be held liable for any errors or omissions in this presentation, unless such errors or omissions constitute a substantial part of the offer in question.
3.4. Version and updates. The Service subscribed to by the Customer is supplied in its version up to date at the date of purchase. Updates are not included in the price of the Service.
3.5 Money-back guarantee. Programme numérique may optionally offer a "satisfied or your money back" guarantee for a period of 365 days from the date of order, depending on indications. To be valid, the guarantee must be specified at the time the order is placed. Customers have 365 days from the date of their order to request a refund if they are not completely satisfied with the Service. The request must be sent within this period to contact@seduction-attraction.com and will be reimbursed within a reasonable time.
3.6 Delivery of modules. For an online product comprising one or more modules, delivery refers to the provision of the first module, session or document ordered using the Identifiers created by the Customer or provided by Digital Program after the Order or by any other electronic means provided at the time of the Order. The Customer expressly accepts that he/she may not request immediate access to all modules immediately after placing the Order, but that such access will be provided in accordance with the terms and conditions 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 will be delivered directly after confirmation of the Order,
More than two months old and comprising at least two modules, the first module is delivered directly after confirmation of the Order, and subsequent modules with an interval of one month between each delivery.
DURATION OF SERVICE
The Service is provided to the Customer for the duration specified on the Site at the time of the Customer Order.
Where no duration is specified, then the Service remains accessible for at least one year after the Service has been fully delivered, and Programme numérique may withdraw access at any time thereafter.
In the event of the purchase of an online product or any other offer of access to content, the media are supplied with documents in PDF and audio versions which it is the Customer's responsibility to download in their latest version before the expiry of their 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 cancel the subscription at any time by giving at least ten (10) days' notice prior to renewal. 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 already started is due in full.
Monthly subscription without commitment.
In the case of a monthly subscription with no commitment, the customer may terminate the subscription by sending a request to contact@seduction-attraction.com, giving at least ten (10) days' notice before the renewal date. 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 already started is due in full.
Subscription with tacit renewal.
When the Service is provided for a minimum commitment period of one year, it is tacitly renewed for periods of one year on each anniversary date of the Order. Programme numérique will send the Customer by e-mail, no earlier than three months and no later than 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 Customer must inform Programme numérique that it does not wish to renew the contract. If this information has not been sent, the Customer may 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 contact@seduction-attraction.com or by registered letter to 66 avenue des Champs-Élysées 75008 Paris no later than 30 (thirty) days before the contract renewal date. In the event of late termination, the contract will be renewed until the end of the following period, which must be paid for in full by the Customer, who expressly accepts this.
Article L215-1 of the French Consumer Code: "For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.
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 contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.
The provisions of the present article apply without prejudice to those which legally subject certain contracts to special rules concerning consumer information."
Article L215-2 of the French Consumer Code: "The provisions of the present chapter are not applicable to operators of drinking water and sanitation services."
Article L215-3 of the French Consumer Code: "The provisions of the present chapter also apply to contracts concluded between professionals and non-professionals."
Article L241-3 of the French Consumer Code: "When the professional has not reimbursed the sums due in accordance with the conditions set out in article L. 215-1, the sums due are subject to interest at the legal rate."
ORDER
5.1. Ordering on the Site. After selecting the Service he/she wishes to subscribe to on the Site, the Customer is directed to an order page on which he/she enters his/her personal details (surname, first name, e-mail address, postal address, telephone number, etc.) and payment details (single payment or payment in instalments, method of payment). The Customer is solely responsible for the accuracy of the information provided and guarantees Programme numérique against any false identity. The Customer may not hold Programme numérique 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 Customer must have a functional electronic mailbox for sending and receiving messages. Failing this, the Customer will not be able to receive written confirmation of his order at the e-mail address provided, nor receive his access codes for the Service.
5.2 Obligation to pay. Any Order received by Programme Numérique is deemed firm and definitive, entailing full acceptance of the General Terms and Conditions of Sale under the conditions stipulated, and the obligation to pay for any Service ordered.
5.3. Electronic signature The online provision of the Customer's bank details and the final validation of the order shall constitute proof of the Customer's agreement and shall constitute (i) payment of the sums due in respect of the Order placed and (ii) signature and express acceptance of all operations carried out during the Order on the Site (checkbox, uncheckbox, validation click, etc.).
5.4. Order validation. After having read and accepted the General Terms and Conditions of Sale on the order page, the Customer is directed to an order summary page, on which he/she provides his/her bank details before confirming payment. It is the Customer's responsibility to check the order summary information and correct it if necessary, before confirming payment for the Order. This second click definitively confirms the Customer's order.
5.5. Order confirmation. The Customer will receive an e-mail confirming and summarizing his/her order as soon as payment has been validated by Programme Numérique or its payment service provider.
5.6. Proof of transaction. Computerized registers, kept in Programme numérique's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
PRICING CONDITIONS
6.1. Applicable rates. The Service subscribed to is delivered at the rates in force on the Site at the time of registration of the Customer's Order by Digital Program.
Prices are indicated in euros and include VAT applicable on the date of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services. Prices shown on the Site are 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 Customer is solely responsible.
In the case of international sales, any customs duties and other taxes payable are the sole responsibility of the Customer. It is the responsibility of the professional Customer to carry out all necessary checks and to comply with all tax obligations. Programme Numérique accepts no liability in this respect and the Customer is solely responsible.
6.2. Payability of sums. Validation of the Order renders all sums due thereunder payable. By validating the Order, the Customer authorizes Programme numérique (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the Order summary.
6.3. Payment methods. To pay for the Order, the Customer has a choice of all the payment methods made available by Programme numérique on the Site.
Direct debit : The Customer 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 Programme numérique has no control - in particular, by way of example, 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, payment is made by SEPA direct debit or using the credit card information provided, depending on the payment method proposed by the payment service provider and the Customer's choice. Programme numérique reserves the right to use the payment service providers of its choice and to change them at any time.
6.4. Debit authorization. By communicating his/her banking information at the time of sale, the Customer authorizes Programme numérique to debit the account for the amount of the price indicated on the Site for the corresponding Service. The Customer guarantees Programme numérique that he/she is of legal age and that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form.
6.5. Special offers and discount vouchers. Programme numérique reserves the right to propose limited-time 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, and the Customer may not take advantage of other rates, whether prior or subsequent to the order. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and may only be used once.
6.6. Payment incident - Fraud. Programme numérique reserves the right to suspend any Order processing and any Service delivery in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, Programme numérique reserves the right to refuse to honour an order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress.
Programme numérique may contact the Customer to request additional documents in order to complete payment for the Order. Programme numérique may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for Programme numérique to confirm the Order. In order to combat credit card fraud, a visual check of the means of payment may be carried out by Programme numérique before making the Service available. In the event of fraudulent use of the Customer's bank card, the Customer is invited to contact Programme numérique as soon as this is discovered, without prejudice to any steps that the Customer may have to take with his/her bank.
6.7. Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the Customer, whether consumer or professional.
6.8. Payment facilities. If Programme Numérique offers the Customer the option of paying a fixed price in full 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 instalment payments is due, regardless of the number of payments envisaged. The last payment date set is never more than three months after the end 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 instalments is offered, the first instalment is paid on the day the order is placed, and subsequent instalments are paid at intervals specified in the order summary (unless otherwise specified, one month between each payment). In this case, the Customer guarantees the validity of bank details until the last scheduled payment date. Programme numérique reserves the right to refuse an Order in several instalments if the bank card expires before the last scheduled payment or if the secure payment service provider objects.
RIGHT OF WITHDRAWAL
7.1. Time limit. The Customer may withdraw from the GTS without giving any reason within a period of fourteen calendar days beginning on the day following the order (the day after the day on which the contract was signed). If this period expires on a Saturday, Sunday or public holiday, it will be extended until the last hour of the next working day.
7.2. Exercise. To exercise the right of withdrawal, the Customer must notify 66 avenue des Champs-Élysées 75008 Paris and contact@seduction-attraction.com of his decision to withdraw from the present contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). The Customer may use the model withdrawal form, but this is not obligatory. This is a consumer right and not a commercial guarantee.
In the event of withdrawal for one or more Services, Programme numérique will reimburse the price paid no later than fourteen days after receipt of the decision to withdraw, by the same means of payment as that used for the initial transaction, unless the Customer 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 executed before the end of the withdrawal period and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal;
- Supply of digital content not provided on a tangible medium, the performance of which 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 these publications;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided on a specific date or at a specific time (conference, live event, etc.);
- When the Customer is a professional.
If the Customer requests a service directly after placing the order, without waiting for the end of the withdrawal period, but does not waive his right to do so, he shall pay Programme Numérique an amount corresponding to the Service provided until he informs us of his decision to withdraw. This amount is proportionate to the total price of the service agreed 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 supplied. Failing this, the customer may exercise his right of withdrawal under the aforementioned conditions.
Within the framework of legal exceptions and when required by law, the Customer may be asked at the time of ordering to indicate his agreement to receive the Service before the end of the withdrawal period and/or his waiver of the right of withdrawal via a checkbox or any other suitable means. Failing this, Programme numérique reserves the right not to send any content to the Customer before the end of the fourteen-day period, which the Customer expressly accepts.
CONDITIONS OF ACCESS TO THE SITE AND SERVICE
8.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. Programme Numérique cannot be held liable for any material damage arising from use of the Site. In addition, the User undertakes to access the Site using recent, virus-free equipment and with an up-to-date, latest-generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access, in order to access the Site and the Service.
8.2. Access to the Service. Programme numérique will provide the Identifiers enabling access to the Service within 24 hours of the date and time the Customer placed his/her Order, subject to acceptance of payment by the Customer's 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 and conditions set out in the GCS and the law.
Customers are invited to contact Programme numérique if they have not received or have mislaid their Identifiers, so that they can be reset within 72 hours. Subsequent provision of the Identifiers releases Programme numérique from any liability to the Customer, who may not hold Programme numérique responsible for any unavailability of the Service.
8.3. Individual and personal nature of Identifiers. All connection identifiers provided by Programme numérique to the Customer are strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service exclusively for personal use 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 as part of his Order. Any Customer who fails to comply with this undertaking shall be liable to prosecution. The Customer shall be liable for any unauthorized, fraudulent or abusive use of his/her Identifiers, and shall immediately inform Programme numérique of any loss or theft of the latter. In the event of a proven breach of the conditions of access to the Site or Service, Programme numérique reserves the right to suspend access to the Service, without compensation, prior notice or prior information.
8.4. Number of accesses. Unless specific conditions provide for more extensive access, the subscription to a Service by a Customer includes access rights for one person only, regardless of the number of employees or establishments of the Customer. 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, and Programme Numérique 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 by means of updates) or for any other reason, without such interruption giving rise to any obligation or compensation.
8.6. Contractual liability. Programme numérique uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site and the Service, but is under no obligation to do so. In particular, Programme numérique cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which would prevent access to the Site or the Service.
8.7. Use in good faith - 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 Customer shall refrain from making any defamatory, threatening, hateful, intolerant, obscene, etc. remarks, and from any disparaging publication likely to infringe the rights of Programme numérique, of other Users, of third parties or contrary to the law.
Programme numérique reserves the right to refuse access to all or part of the Site, Service, contribution areas and groups or to limit access rights to contribution areas and groups, unilaterally and without prior notice to any Customer who does not comply with the GTC, any conditions of use of the Site, Service and/or any third-party sites, platforms and tools accessible as part of the Service or, more generally, any legal or regulatory obligation.
The Customer undertakes to inform himself/herself of the conditions of use of all sites, social networks, platforms and third-party tools accessible as part of the Service and to comply with them. Programme Numérique has no control over these conditions and declines all responsibility in the event of the Customer being banned or involved in a dispute with these third-party sites.
PROTECTION OF PERSONAL DATA
Programme numérique respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data for the purpose of improving the Site and Service, providing the latter, commercial prospecting, managing Orders, contracts and disputes comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés) in its latest version.
Customers' personal data will not be kept beyond the time strictly necessary to pursue the purposes indicated. Certain data enabling proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the prescription and foreclosure periods of any legal or administrative actions that may arise.
In accordance with the Data Protection Act and the RGPD, the Customer or any person concerned by the processing has, in accordance with 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 the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is hereby informed and accepts that the Site and/or the Service may include technical devices which enable usage to be tracked (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and which are likely to be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Requests to exercise this right may be sent by e-mail to contact@seduction-attraction.com. Any person affected by data processing has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale Informatique et Libertés).
For further information on automated data processing and how to exercise your rights, Users may consult the privacy policy, which is accessible at all times on the Site, and the information on cookies used by Programme Numérique.
PARTNER SITES - HYPERTEXT LINKS
The User may access, via 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 read the contractual conditions of use or sale, as well as the privacy policies or any other legal information applicable to these Partner or third-party sites.
Programme numérique has no control over these sites and their content, and declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all Partner content.
If a third-party site directs its users to the Site, Programme numérique reserves the right to request the removal 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 EVENT
The performance of Programme Numérique's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. This suspension may concern all or part of the Service. In this case, Programme numérique will notify the
Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to a refund. In the event of a partial suspension, only a partial refund will be granted.
Under the conditions laid down by law, Customers expressly accept that they may not invoke force majeure to postpone payment (of an invoice, for example) for a Service supplied or in the process of being supplied, or refuse delivery of an Order placed.
The following are considered to be cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the courts and tribunals, and without this list being restrictive: strikes or industrial disputes internal or external to Programme numérique, 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 Programme numérique.
Programme numérique shall not be held liable for any difficulties encountered by the User or Customer in accessing the Site and/or the Service due to technical or software failure or any other cause beyond its control. The Customer acknowledges that he/she is aware of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result. Consequently, Programme numérique cannot be held responsible for any unavailability, slowdown or failure of the Internet network or of any IT solutions whatsoever, except in the case of proven negligence on its part.
Furthermore, in the event of the inability to work of the person(s) in charge of the Service, due to illness, accident, family reasons, etc., Programme numérique reserves the right to replace him/her without the Customer being able to demand payment of any compensation whatsoever. Programme numérique will notify the Customer within a reasonable time of this incapacity and, as far as possible, of its duration.
INTELLECTUAL PROPERTY RIGHTS
Programme numérique or its Partners own all intellectual property rights relating to the Site and the Service. Intellectual property rights include, but are not limited to, all content, text, images, videos, graphics, logos, icons, sounds and software appearing on the Site or constituting the tools and media provided on the Site and as part of the Service.
Access to the Site and the Service does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Service, which remain the exclusive property of Programme numérique 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 Programme numérique or its Partners.
Any use of all or part of the Site or the Service not authorized in advance by Programme numérique or its Partners, for any reason whatsoever, may be the subject of any appropriate action, in particular an interruption of access to the Service or an action for infringement.
In return for payment of the price requested at the time of Ordering, the content, techniques, know-how and methods transmitted and, more generally, all information contained 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 Customer at the time of Ordering, for the duration of the contract only.
In this respect, the Customer undertakes not to use or exploit the Service on behalf of others, including his employees or entourage. The Customer shall be liable for any unauthorized transfer or communication of Service content, or for any sharing whatsoever of the Customer's login and password. The Customer is responsible for the respect of the intellectual property rights of Programme numérique 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 distinctive signs used by Programme numérique are protected by law and any unauthorized use by Programme numérique may give rise to legal proceedings. Programme numérique reserves the right to terminate the Customer's access to the Service in the event of infringement of its intellectual property rights, without prejudice to any penalties and damages.
CUSTOMER REFERENCES AND COMMUNICATION
13.1. Customer reference. Customers may be requested by Digital Program to be referred to as beneficiaries of the Service. With the Customer's agreement, Programme Numérique may be authorized to mention the Customer's name, the opinion it has given Programme Numérique about the Service and an objective description of the nature of the Service provided to it in its reference lists and proposals to its prospects and Customers, in particular 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. Authorization to operate. When the Customer sends writings, videos and/or photographs to Programme numérique to give its opinion or testify on the Service provided by Programme numérique and, where applicable, issues comments or publications concerning Programme numérique (for example, on its social networks), to which its identifier and profile photo on the social networks are attached, then the Customer authorizes Programme numérique to exploit this content for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, in which case the Customer grants Programme numérique the right to adapt it (in form) and reproduce it on any medium, in particular by presenting it as a commercial reference and/or as an opinion. For example, Programme numérique may take screenshots of publications on social networks concerning it or the Service from which the Customer has benefited, and reproduce them on the Site as reviews.
The Customer acknowledges that he/she is fully entitled to his/her rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, plus 70 years, and for the whole world. Programme numérique reserves the right to submit to the Customer any other request for authorization to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis.
13.3. Event. The provisions of the preceding paragraph apply identically to videos and photographs taken on the occasion of any type of event (public, reserved for customers, webinars, training courses, etc.) organized or co-organized by Programme numérique. Events may be recorded and published by Programme numérique, including on social networks in the form of extracts or as free or paid replays. If the Customer does not wish to appear, he/she is requested to move to the back of the room, not to take part in group photos, and not to wave to the photographer/cameraman in whose field he/she may be placed. When the event is remote, the Customer may choose a pseudonym and not activate his camera, so as not to appear in screen captures. It is the responsibility of professional customers to inform their beneficiaries of the Product or Seminar of the conditions of filming.
CHANGES TO TERMS AND CONDITIONS
Programme numérique 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 changes in the Site or its operation, and in the characteristics of the Service. The applicable conditions are those accepted by the Customer and sent to the Customer in the case of distance selling by any means of communication on a durable medium.
Modifications to the General Terms and Conditions made by Programme Numérique will not apply to Services already subscribed to, except for clauses relating to the technical evolution of the Service, provided that this does not result in a price increase, or alteration of the quality or characteristics to which the non-professional or consumer Customer has subjected his commitment.
The Customer may also be asked to accept the modified GTC, failing which the last GTC accepted will continue to apply until the Service has been fully executed. Should Programme numérique be unable to continue providing the Service under the previous conditions, the Customer has the right to request termination and reimbursement. In this case, Programme numérique may retain an amount corresponding to the Service provided until termination, under the conditions provided by law.
LIABILITY
15.1 Warranty. Except under the conditions of any applicable legal or commercial warranties, Programme numérique is not bound by any obligation of result and provides no express or implied warranty, including, but not limited to, those relating to the continuity, performance, results and durability of the Service provided, which are subject to contingency.
The price of the Service does not in any way include the costs to be incurred by the Customer in the course of his activities to achieve his objectives, and any amount of costs, for example for advertising, is always provided purely as an indication in the context of the Service.
Any objectives, success stories or examples presented by Programme numérique on the Site and as part of the Service presuppose the concrete and effective implementation of all the advice, techniques and tools that may be provided as part of the Service and in no way constitute a promise of gain or results. Programme Numérique can in no way guarantee that the Customer will obtain similar results, and these references are used by way of example only.
15.2. Responsibility of Users and Customers. The User or Customer 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. Use of the information is made under the sole responsibility of the Customer and at the Customer's own risk, which the Customer expressly accepts.
The Customer acknowledges that he/she has received sufficient information and advice before committing him/herself, and is aware that any result sought involves, by its very nature, risks and requires considerable effort. The Customer declares that he/she is fully aware that the Services offered are for information purposes only and do not commit Programme Numérique to the achievement of any result by the Customer, except in the case of a commercial and specific guarantee applicable to the Service. All Services are not medical, psychological, legal or financial services. It does not lead to a state-recognized diploma, and has never been offered as such by Programme numérique. The Customer 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. Regardless of the type of Service package selected by the Professional Customer, Programme numérique's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances shall Programme numérique be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the image or reputation of the Professional Customer. Similarly, Programme Numérique cannot be held responsible for direct or indirect damage caused to the User's equipment when accessing Programme Numérique, and resulting either from the use of equipment that does not meet the specified conditions, or from the appearance of a bug or incompatibility.
IN ALL CASES, THE LIABILITY OF Programme numérique TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID EXCLUDING TAX BY THE CUSTOMER IN CONSIDERATION OF THE PROVISION OF THE SERVICE IN CONNECTION WITH THE DISPUTE. THIS AMOUNT SHALL BE CONSIDERED AS THE MAXIMUM AMOUNT THAT Digital Program MAY BE REQUIRED TO PAY AS COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE GROUNDS OF ALLEGED DAMAGES AND THE LEGAL BASIS ON WHICH THE CLAIM IS BASED, UNLESS PROHIBITED BY LAW OR JURISPRUDENCE.
GENERAL
These General Terms and Conditions and all sales and purchases referred to herein are governed by French law. They are written in French. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by Programme Numérique shall not constitute a waiver by Programme Numérique of the other clauses hereof, which shall continue to have effect.
The Customer accepts that Programme numérique may assign this contract to its affiliated companies or to a purchaser without its prior agreement.
DISPUTES
17.1. Amicable resolution. In the event of a dispute, the Customer shall first contact Programme numérique to attempt to find an amicable solution.
7.2. Mediation.
In the event of difficulty in the application of the present contract, the consumer Customer residing in Europe has the possibility, before any legal action, of requesting the recourse of a consumer mediator identifiable on the https://www.economie.gouv.fr/mediation-conso site.
The mediator will attempt, independently and impartially, to bring the parties together with a view to finding 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 ARISING BETWEEN A PROFESSIONAL CUSTOMER AND Programme numérique CONCERNING THE SERVICE, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS HEREBY GIVEN TO THE COURTS WITHIN THE CITY OF THE HEAD OFFICE OF Programme numérique, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL FOR GUARANTEE, EVEN FOR EMERGENCY PROCEEDINGS OR CONSERVATIVE PROCEEDINGS BY WAY OF REFERRAL OR REQUEST.
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