Welcome and thank you for your trust and support. You will find below the Terms of Service applicable to the oxyprops.com Website and Products.

Please note that BMB provides its Customers and Users of the Site with customer service that can be contacted as follows:

• By email at: hello@oxyprops.com
• By mail to the following address: BMB – Customer Service – 1 square Jean Henri Fabre 30133 Les Angles France
• By using the contact form on this Website

1 – Definitions

Capitalized terms refer to the following definitions:

The “Company” refers to BMB, SASU which head office is located 1 square Jean Henri Fabre 30133 Les Angles, registered under N° 834 408 296 which VAT number is FR26834408296.

The “Site” or the “Website” refers to the website(s) accessible from the URL https://oxyprops.com and all the sites and subsites published by the Company to present and sell its Services.

The “User” means any person browsing the Site or using OxyProps software.

The “Service” refers to all the services available for purchasing on the Site, and in particular the Services of:

• WordPress Plugins.
• Webinar-style online conference (webcast, or registration for a live event).
• Online training (supply of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint materials, etc. constituting the training materials).
• Downloadable ebook documents.
• Personalized support such as coaching, remotely or face-to-face.
• Management and creation of social media content.
• Creation, management and maintenance of websites.

The “Order” means any purchase or subscription to a Service by the Customer with the Company via the Site.

The “Client” means the natural or legal person, professional or not, subscribing to a Service with the Company.

The “Terms of Service” or “Terms of Use” or “Terms and Conditions” or “T&Cs” means these Terms of Service, applicable in the context of the contractual relationship between the Company and its Customers, which include the privacy policy that may be available on the Site and any element of the Site to which they expressly refer.

“Credentials” means the username and password provided by the Company to the Customer so that he can access, via the Site or any other means of connection, the subscribed Service.

The “Partner” means any professional partner with whom the Company has a business relationship in the context of the delivery of the Service and to whom the Customer may be referred in the context of the delivery of the Service.

“Training” means any online training offer the content of which is presented on the Site, generally consisting of written training materials, tests, videos, recorded webinars and access to the support group.

2 – Scope

2.1 – Object

The T&Cs govern the provision of the Service to the Customer, which includes the conditions of use of the Products and th Site published and made available by the Company.

2.2 – Access to the T&Cs

The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. The T&Cs take effect from their date of update indicated at the top of this document, and apply to the exclusion of all other conditions, and in particular those applicable for sales by means of other distribution and marketing channels. .

2.3 – Acceptance of the T&Cs

Before any Order, the Customer declares to have read the T&Cs and to have accepted them, which implies unreserved adherence to the T&Cs. By this acceptance, the Customer acknowledges that, prior to any Order, he has received sufficient information and advice from the Company on the Site, allowing him to ensure the adequacy of the content of the Order to his needs. The T&Cs constitute all of the rights and obligations of the parties in the context of their contractual relationship.

By placing an Order, the Customer declares to be of legal age and able to contract under the law of his country or declares to represent, under a valid mandate, the person for whom he subscribes to the Service. In any case, the Customer guarantees that he has the necessary authorizations to use the payment method selected during the validation of the Order.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.

2.4 – Scope of the T&Cs

The Customer may request a copy of the version of the T&Cs applicable to his Order at any time. No specific condition, at the the Customer initiative, can be added to and/or replace the present. The Company reserves the right to provide special conditions for its Services, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact for the Company, at a given time and for any reason whatsoever, not to take advantage of a breach by the Customer of any of the obligations contained herein, cannot be interpreted as a waiver of rely on it for the future.

3 – Characteristics of the service

3.1 – Presentation

The Customer can refer to the presentation of the Service on the Site, which is summarized on his Order page and in the confirmation email. The Customer is expressly warned that any Service offer is subject to change. Only the Service described when subscribing to the Order is due to the Customer.

3.2 – Language

The Service is provided by the Company in English language.

3.3 – Information on the Services

The Services governed by the T&Cs are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Company cannot be held liable unless it concerns a substantial element of the offer in question.

3.4 – Version and updates

The Service subscribed by the Customer is provided in its version up to date on the date of purchase. Unless otherwise expressly stated at the time of sale and in the confirmation email, updates are not included in the price of the Service.

3.5 – Money-back guarantee

The Company may optionally offer a “money-back” guarantee for a period of 30 days from the Order. To be valid, the guarantee must be specified at the time of the Order. Thus, the Customer has 30 days from the day of his Order to request a refund if he is not completely satisfied with the Service. He must send his request within this period to hello@oxyprops.com and will be reimbursed within 15 working days.

3.6 – Telephone interview

An optional and free personalized interview can be offered by the Company to the Customer before a subscription to a Service of the Support or Coaching categories via the Site. The interested user can select a time slot (day, time) that suits him by providing certain personal information (name, email, telephone number) and by answering certain questions relating to his present or future professional activity. Any setting of an appointment obliges the User to honor it. In the event that the latter does not show up for a fixed appointment, the Company reserves the right not to accept the booking of a new appointment.

3.7 Delivery of modules

For online training comprising one or more modules, delivery means the provision of the first module, session or document of the training ordered using the Identifiers created by the Customer or provided by the Company after the Order or by any another method of electronic delivery provided for when placing the Order. The Customer expressly accepts that he will not be able to request immediate access to all the modules immediately after his Order but that these will be delivered to him according to the terms provided for in the contract.

Subject to the provisions relating to the right of withdrawal provided for in Article 7 hereof, for any Training:

• Less than two months of duration and comprising only one module, this module is delivered directly after confirmation of the Order,
• More than two months of duration and comprising at least two modules, the first module is delivered directly after confirmation of the Order and the following modules with an interval of one month between each delivery.

3.8 – Support groups

The Company may create support groups between its Customers, which may be subject to compliance with rules of behavior and use. Unless otherwise stated at the time of the Order, access to a group is not included in the price of the Service.

The Company reserves the right to subject the access rights to a group to compliance with a regulation and allows the Company to warn, sanction or even remove the Client’s access rights in the event of violation of this regulation. Members may help each other as long as it does not violate any group rules.

Furthermore, the Company has no control over any groups that may not be created on its own initiative but on that of third parties, including by a Client, and of which it is not an administrator. The Company cannot under any circumstances be held liable in any capacity whatsoever for the actions of the members of these Facebook groups or for any other damage resulting from the use of these Facebook groups that are not under its control or of which it does not would not be a director.

3.9 – Access to groups

When access to a group is provided with the Service, then the duration of access to the group is limited to the duration of the Service. The Company may create and delete groups based on current Orders and transfer the Customer to an equivalent group. The Customer must submit a request for access to the group by providing the email address used when ordering. This request will be processed within 48 hours maximum. In the event of refusal, the Customer is invited to send a request again, paying particular attention to entering the email address.

4 – Duration of service

The Service is provided to the Customer for the duration specified on the Site at the time of the Order to the Customer.

When no duration is defined, then the Service remains accessible for at least one year after the full delivery of the Service, and the Company may withdraw access at any time thereafter.

In the event of the purchase of online training or any other offer of access to content, downloadable media may be provided in PDF, audio or video version, which it is the Customer’s responsibility to download in their latest version before expiry of his access rights to the Service.

Subscription options

4.1 – Monthly subscription option without commitment (indefinite duration)

Monthly subscription without commitment. As part of the monthly subscription without commitment, the Customer may terminate his commitment by sending a request to hello@oxyprops.com subject to a notice period of at least three (3) days before renewal. Termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started is due in full.

4.2 – Subscription option with a firm commitment period (fixed term)

Subscription with commitment period. The subscription is taken out by the Customer for a minimum period of 12 months. The validation of the Order by the Customer entails a firm and irrevocable commitment to pay the total price of the Service for the initial planned subscription period. At the end of the term, the Customer may terminate his subscription at any time by giving notice of at least three (3) days before renewal. Termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started is due in full.

4.3 – Lifetime subscriptions

The Company may, in special occasions, offer Lifetime subscriptions. Under these T&Cs, Lifetime means as long ad the Company exists and the Service is provided, and in any case, for a minimum period of one (1) year after the subscription of the service.

5 – Order

5.1 – Order on the Site

After selecting the Service he wishes to subscribe to on the Site, the Customer is directed to an Order page on which he enters his contact details and payment choice (single payment or installments, method of payment). The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. In particular, the Customer must have a functional sending and receiving email address. Failing this, he will not be able to receive written confirmation of his Order at the e-mail address provided, nor receive his credentials and/or license key to access the Service.

The Customer cannot hold the Company liable for any breach resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Service.

5.2 – Payment obligation

Any Order received by the Company is deemed to be firm and final, entails full and complete acceptance of the T&Cs under the conditions provided, and 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 will be worth (i) proof of the Customer’s agreement (ii) payment of the sums due under the Order placed and (iii) signature and express acceptance of all the operations carried out during the Order on the Site (checkbox, uncheckbox, validation click, etc.).

5.4 – Validation of the Order

After having read and accepted the T&Cs on the Order page, the Customer is presented with a summary of his Order, on which he provides his bank details before validating his payment. It is up to the Customer to check the summary information of his Order and to rectify it if necessary, before validating the payment of the Order. This second click definitively confirms the Customer’s Order.

5.5 – Order Confirmation

The Customer receives an email confirmation and summary of his Order as soon as the payment is actually validated by the Company or its payment service provider.

5.6. Proof of transaction

The computerized registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. Archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.

6 – Pricing conditions

6.1 – Applicable rates

The subscribed Service is delivered at the current rates appearing on the Site when the Customer’s Order is registered by the Company.

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 excluding of all taxes included. It is up to the professional to carry out any useful checks and to comply with his tax obligations, in particular in terms of VAT, for which the Customer is solely responsible.

In the event of an international sale, all customs duties and various taxes payable are the responsibility of the Customer and are his sole responsibility. The Company cannot assume any liability in this respect and the Client is solely responsible.

6.2 – Payability of sums

Validation of the Order makes all sums due under it due. By validating his Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to his bank to debit the bank account whose details have been provided by the Customer, according to any deadlines indicated in the Order Summary.

6.3 – Method of payment

To pay for his Order, the Customer has, at his option, all the payment methods made available to him by the Company on the Site.
Direct debit: The Customer chooses the bank direct debit method with the secure systems and services provided by third parties on the Site and subject to specific contractual conditions over which the Company has no control – in particular for information purposes for Stripe (https:/ /stripe.com/payment-terms/legal), Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full). In this case, payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer’s choice. The Company 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 banking information during the sale, the Customer authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Service. The Customer guarantees to the Company that he is of legal age and that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Order form.

6.5 – Special offers and discount coupons

The Company reserves the right to offer 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 prices are those in force at the time of the Customer’s Order, who cannot claim other prices, prior to or after their Order. 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

The Company reserves the right to suspend any processing of Orders and any delivery of the Service in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. The Company specifically reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid for a previous Order or with whom a payment dispute is in progress.

The Company may contact the Customer to request additional documents to execute payment for the Order. The Company may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for the confirmation of the Order by the Company. In order to fight against credit card fraud, a visual verification of the means of payment may be carried out by the Company before making the Service accessible. In the event of fraudulent use of his credit card, the Customer is invited, as soon as this use is observed, to contact the Company, without prejudice to the steps to be taken by the Customer with his 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 consumer or professional Client.

6.8 – Payment facilities

If the Company offers the Customer to pay the entire fixed price determined in several instalments, this is not a non-binding payment or a monthly subscription, but a payment schedule for the price of the Service. The full price corresponding to the sum of the installments is due, regardless of the number of payments envisaged. The last payment date set is never scheduled more than three months after the end of the provision of the Service and/or the closing of the Customer’s access to the Service. This payment facility does not constitute a credit or microcredit.

When payment in installments is proposed, the first installment is paid on the day of the Order and the following installments with an interval between each payment specified in the summary of the Order (unless otherwise stated, a month’s interval between each payment ). In this case, the Customer guarantees the validity of the banking information until the last scheduled payment date. The Company reserves the right to refuse an Order in several installments if the credit card expires before the last scheduled payment or in the event that the secure payment Service provider objects.

7 – Right of withdrawal

7.1 – Deadline

The Customer may withdraw from the contract concluded with the Company without giving any reason within fourteen calendar days starting on the day following the Order (the day after the day on which the contract was signed). If the period expires on a Saturday, Sunday or public holiday, it is extended until the expiry of the last hour of the first following working day.

7.2 – Exercise

To exercise the right of withdrawal, the Customer notifies BMB – Customer Service – 1square Jean Henri Fabre 30133 Les Angles France, hello@oxyprops.com, of his decision to withdraw from this contract by means of an unambiguous declaration (by example, letter sent by post or e-mail). The Customer can use the model withdrawal form but it is not mandatory. This is a consumer right and not a commercial guarantee.

In the event of withdrawal for one or more Services, the Company will reimburse the price paid no later than fourteen days from the day after receipt of the withdrawal decision, by the same means of payment as that used for the initial transaction, unless the Customer does not accept a different means.

MODEL WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

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To the attention of BMB – Customer Service – 1 square Jean Henri Fabre 30133 Les Angles France – hello@oxyprops.com:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of services (*) below:

Ordered on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

Date:

(*) Strike out the useless mention.

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PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF:

• Supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
• Supply of digital content not provided on a material medium, the execution of which has begun after the prior express agreement of the consumer 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 to these publications;
• Supply of goods made to consumer specifications or clearly personalized;
• Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period (conference , live event…);
• When the Client is a professional.
• If the Customer requests to benefit from a service, directly after the Order without waiting for the end of the withdrawal period but does not waive his right in the cases provided for above, he pays the Company an amount corresponding to the Service provided until the communication of its decision to retract. 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 is calculated based on the market value of what was provided.
• In the context of legal exceptions and when required by law, the Customer 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 for his waiver of the right withdrawal via a checkbox or any other appropriate means. Failing this, the Company reserves the possibility of not sending any content to the Customer before the expiry of the fourteen-day period, which he expressly accepts.

7.3 – Termination of Service in the event of exercise

Exercising the right of withdrawal puts an end to the obligation of the parties either to perform the contract or to conclude it when the consumer has made an offer. Exercising the right of withdrawal from a main contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for by law. The Customer is therefore informed that the Company will immediately cease the Service in the event of exercise of the right of withdrawal.

8 – Access to the Site and the 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. The Company cannot be held liable for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, not containing viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet, to access the Site and the Service.

8.2 – Access to the Service

The Company will provide the credentials allowing access to the Service at the latest within 24 hours from the date and time at which the Customer placed his Order, subject to acceptance of payment by his bank. It is therefore essential to provide a valid email 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 provided for by the T&Cs and the law.

The Customer is invited to contact the Company if he has not received or if he has lost his Identifiers so that they can be reset within 48 hours. The subsequent provision of Identifiers releases the Company from any liability vis-à-vis the Customer, who cannot hold it responsible for the unavailability of the Service.

8.3 – Individual and personal character of Credentials

Any Login ID provided by the Company to the Client is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service only for exclusively personal purposes and declares not to 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 within the framework of its Ordered. The Customer who does not respect this commitment is liable to prosecution. The Customer will be liable for any unauthorized, fraudulent or abusive use of his Credentials, and will immediately inform the Company of the loss or theft of the latter. In the event of proven violation of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without compensation, notice or prior information.

8.4 – Number of accesses

Unless special conditions provide for more extensive access, the subscription to a Service by a Customer only includes access rights for a single person, regardless of the number of employees or establishments of the Customer. If the Customer wishes that several of his employees, collaborators, partners or any other person can access the Service, it must subscribe to as many contracts as there are people for whom access to the Service is desired.

8.5 – Maintenance

The Site may be subject to maintenance operations and the Company reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site or the Service without notice in order to ensure its maintenance. (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

8.6 – Contractual liability

The Company implements all reasonable means at its disposal to ensure continuous and quality access to the Site and the Service, but is under no obligation to achieve this. In particular, the Company 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 – Use in good faith – Third party sites

Any contribution space on the Site and 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 is prohibited from any defamatory, threatening, hateful, intolerant, obscene, etc. and any denigrating publication likely to infringe the rights of the Company, other Users, third parties or contrary to the law.

The Company reserves the right to refuse access to all or part of the Site, the Service, contribution spaces and groups or to limit the rights of access to contribution spaces and groups, unilaterally and without prior notification to any Customer who does not comply with the T&Cs, any conditions of use of the Site, the 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 of the conditions of use of all sites, social networks, platforms and third-party tools accessible within the framework of the Service and to comply with them. The Company has no control over these conditions and declines all responsibility in the event of the Client’s banishment or dispute with these third-party sites.

9 – Protection of personal data

The Company respects the privacy of its Users and Customers. It undertakes that the collection and automated processing of their data – for the purpose of managing contracts and Orders, supplying and improving the Site and the Service, commercial prospecting and the processing of disputes – are compliant with the general data protection regulations (RGPD) and the Data Protection Act in its latest version.

Customers’ personal data will not be kept beyond the time strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions likely to arise.

In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, under 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 which make it possible to monitor use (logged-in user account, IP address, type of application used, various connection and use in the User account, etc.) and which are likely to 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 exercise request can be sent by email to contact@oxyprops.com Any person concerned by processing has a right of complaint to the Commission Nationale Informatique et Libertés.

The Customer’s telephone details may be requested by the Company as part of an Order. The consumer Customer who does not wish to be the subject of commercial prospecting by telephone is informed that he can register free of charge on a list of opposition to cold calling called “Bloctel” (more information on bloctel.gouv. Fr). When the Client is registered on this list, the Company does not operate telephone canvassing and may contact the Client by telephone only for solicitations occurring within the framework of the execution of an Order in progress and having a relationship with the subject of this Order.

For more information on automated data processing and the procedures for exercising their rights, any User may consult the privacy policy accessible at any time on the Site and the information notices on the cookies used by the Company.

10 – Partner sites – Hypertext links

The User can access, through the hypertext links present on the Site or within the framework 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 GCS. The User is therefore invited to read 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.

No control over said sites and content is exercised by the Company, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.

If a third-party site directs its users to the Site, the Company 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 legitimate rights and interests.

11 – Force majeure or unavailability

The performance of the Company’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. This suspension may concern all or part of the Service. In this case, the Company will notify 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 restitution. If the final impediment is partial, only partial restitution will be granted.

Under the conditions provided for by law, Customers expressly accept that they cannot invoke a case of 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.

Are considered as 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 social conflicts internal or external to the Company, 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 the Company.

The responsibility of the Company can in no way be engaged due to difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to a technical or software failure or any other cause which is foreign to him. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Consequently, the Company cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any computer solutions, except in the event of proven negligence on its part.
In addition, in the event of incapacity for work of the person(s) in charge of the Service, as a result of illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace them. and/or to suspend the service without the Customer being able to demand the payment of any compensation. The Company will notify the Customer within a reasonable time of this incapacity and as far as possible of the duration thereof. Only a definitive impediment confirmed by the Company may give rise to restitution. If the final impediment is partial, only partial restitution will be granted.

12 – Intellectual Property

The Company or its Partners hold all intellectual property rights relating to the Site and the Service. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site or constituting the tools and media delivered on the Site and within the framework 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 the Company or its Partners.

The User or the Customer 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 the Company or its Partners.

The use not previously authorized by the Company or its Partners, for any reason whatsoever, of all or part of the Site or the Service 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 the payment of the price requested during the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information of the Service are the subject of a strictly personal, non-transferable and non-exclusive for the duration of the Service selected by the Customer at the time of the Order for the duration of the contract only.

As such, the Customer is prohibited from using and exploiting the Service on behalf of other people, including his employees or his entourage. He assumes his responsibility in the event of unauthorized transfer or communication of the content of the Service or sharing in any capacity whatsoever of his Connection Identifiers. The Customer guarantees respect for the intellectual property rights of the Company or its Partners by all of its employees likely to have access to the restricted content of the Site and all the content of the Service.

All distinctive signs used by the Company are protected by law and any use not authorized by the Company may give rise to prosecution. The Company reserves the right to close the Client’s access to the Service in the event of violation of its intellectual property rights, without prejudice to any penalties and damages.

13 – Customer references and communication

13.1 – Customer Reference

Customers may be asked by the Company to be cited as beneficiaries of the Service. With the Client’s agreement, the Company may be authorized to mention the name of the Client, the opinion he gave to the Company on the Service as well as an objective description of the nature of the Service which was provided to him in its lists of references and proposals for the attention of its prospects and its Customers, in particular on the Site, for advertising and promotional purposes, during interviews with third parties, communications to its staff, internal documents of forward-looking management, 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 the Company to give his opinion or testify on the Service provided by the Company, and if necessary issues comments or publications concerning the Company (for example, on its social networks ), to which his identifier and his profile photo on social networks are attached, then the Customer authorizes the Company to use this content for the promotion of his commercial activities. The contents are likely to be protected by image rights and/or copyrights, and in this case, the Customer grants the Company the possibility of adapting them (on the form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, the Company may take screenshots of publications on social networks concerning it or on the Service from which the Customer has benefited, and reproduce them on the Site as a notice.

The Customer acknowledges that he is fully satisfied with his 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, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization to shoot and transfer of rights, for all cases not provided for herein or on an ad hoc basis.

13.3 – Event

The provisions of the previous paragraph apply identically to videos and photographs taken during any type of event (public, reserved for customers, webinars, training courses, etc.) organized or co-organized by the Company. . The recordings of the events may be recorded and published by the Company, including on social networks in the form of extracts or as free or paid replays. If the Client does not wish to appear, he will please place himself at the back of the room, not to participate in the grouped photos, not to make a sign to the photographer / cameraman in whose field he could be placed. When the event is remote, the Customer may choose a pseudonym and not activate his camera so as not to appear in the screenshots. It is up to Professional Clients to inform their beneficiaries of the shooting conditions.

14 – Evolution of the Terms & Conditions

The Company reserves the right to modify the terms, conditions and notices of the GCS at any time and without notice in order to adapt them to changes in 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 the event of distance selling by any means of communication on a durable medium.

The modifications of the GTC made by the Company will not apply to the Services already subscribed, except for the clauses related to the technical evolution of the Service, since this does not result in either an increase in price or an alteration in quality. or characteristics to which the non-professional or consumer Customer has made his commitment subject.

The Customer may also be asked to accept the modified T&Cs and failing that, the last accepted T&Cs continue to apply until the Service is fully performed. If it is impossible for the Company to continue to provide the Service under the previous conditions, the Customer has the option of requesting termination and reimbursement. In this case, the Company may withhold an amount corresponding to the Service provided until termination, under the conditions provided for by law.

15 – Liability

15.1 – Warranty

Except under the conditions of the legal or commercial guarantees granted that may be applicable, the Company is not bound by any obligation of result and provides no express or implicit guarantee, including, without this list being exhaustive, relating to the continuity , performance, result, durability of the Service provided, which are subject to a hazard.

The price of the Service does not in any way include the costs to be incurred by the Customer in the context of its activities to achieve its objectives and any amount of costs, for example advertising, is always provided for information only in the context of the Service.

Any objectives, success stories or examples presented by the Company on the Site and within the framework of the Service assume the concrete and effective implementation of all the advice, techniques and tools that may be provided within the framework of the Service and do not constitute in no way a promise of gain or result. The Company cannot under any circumstances guarantee to the Client that he will obtain similar results and these references are used only as an example.

15.2 – Responsibility of Users and Customers

The User or Client is solely responsible for the interpretations he makes of the information provided under the Services, the advice he deduces or which has been provided to him in the context of the Services and the adaptations made for his own activities. The exploitation of the information is done under the sole responsibility of the Client and at his own risk, which the Client expressly accepts.

The Client acknowledges that he has received sufficient information and advice before committing and is aware that any desired result involves, by nature, risks and requires substantial effort. The Client declares that he is fully aware that the Services offered are for informational purposes only and do not commit the Company to obtaining any result by the Client, except for commercial and specific guarantees applicable to the Service. Any Service cannot be assimilated to a medical, psychological, legal or financial service. It does not allow students to obtain a diploma recognized by the State, and it has never been offered as such by the Company. The Customer remains perfectly free of his commitments and to withdraw from the Service under the conditions provided for in the contract. He acts under his sole and exclusive responsibility.

In the exchange spaces, the Client assumes as publisher, the responsibility for the communication of information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for its sites, blogs , pages and accounts on social networks. The Client is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.

15.3 – Limitation of liability

Regardless of the type of Service formula selected by the Professional Client, the Company’s liability is expressly limited to compensation for direct damages proven by the Professional Client. Under no circumstances can the Company be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and the reputation of the Professional Client. In the same way, the Company cannot be held liable for direct and indirect damage caused to the User’s equipment, when accessing the Company, and resulting either from the use of equipment that does not meet the conditions planned, either the appearance of a bug or an incompatibility.

IN ANY CASE, THE COMPANY’S LIABILITY IS CAPED TOWARDS PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUSIVE OF TAXES BY THE CUSTOMER IN CONSIDERATION FOR THE PROVISION OF THE SERVICE IN WHICH THE DISPUTE FALLS. THIS AMOUNT IS CONSIDERED AS THE MAXIMUM THAT THE COMPANY COULD BE REQUIRED TO PAY INDEMNITY (DAMAGE AND INTEREST) ​​AND PENALTIES, REGARDLESS OF THE HEADS OF DAMAGES ALLEGED AND THE LEGAL BASES UNLESS THE LAW OR JURISPRUDENCE OPPOSES IT.

16 – General

The T&Cs as well as all the purchase and sale transactions 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 prevail in the event of a dispute.
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 T&Cs by the Company does not constitute a waiver on its part of the other clauses herein which continue to produce their effects.
The Customer agrees that the Company may assign this contract to its affiliated companies or to a purchaser without its prior consent.

17 – Disputes

17.1 – Amicable resolution

In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution.

17.2 – Mediation

In the event of difficulty in the application of this contract, the consumer Customer residing in Europe has the possibility, before any legal action, to seek recourse from a consumer mediator.

ion. next :
Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
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 as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can enter 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 – Dispute between professionals

IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE SERVICE, THE INTERPRETATION, THE EXECUTION AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE GIVEN TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF THE COMPANY’S HEAD OFFICE , NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES BY MEANS OF REFERENCE OR MOTION.