Terms and conditions of use

Effective from 28 September 2020

Ms Peggy GIRAULT, sole trader, registered under SIREN number 889 098 182, residing at 4 rue Léon Fabre, VILLEURBANNE 69100 (hereinafter referred to as "Peggy GIRAULT"). the Therapist ") offers to help her clients manage the stress, burnout and anxiety that can lead to weight gain, addictions, loss of self-confidence, insomnia, social problems and anxiety attacks. She is a specialist stress and weight loss therapist.

It operates under the trade name and brand name "ETINCELLE TA VIE".

In order to provide its services, it offers access to multimedia and audiovisual educational content, a space for exchange between ETINCELLE TA VIE members, a private messaging space, as well as follow-up and advice services via videoconference interviews and worksheets.

The website www.peggygirault.fr is intended to present the activity of the Therapist and to put the Therapist in contact with potential clients wishing to benefit from her expertise and services (hereinafter referred to as "clients"). the Site ").

These General Terms and Conditions of Use (hereinafter referred to as " CGU ") apply, without restriction or reservation, to the use of the services made available on the Site and to any user browsing the Site.

The GCU can be accessed at any time on the Site. The version online at the time of the user's browsing on the Site is the current version and will be the only enforceable version to the exclusion of any other version or contradictory document. The Therapist reserves the right to update these terms and conditions periodically by publishing them on the Site or by any other notification.

Continued browsing of the Site implies acceptance of all the terms of the GCU. It is the user's responsibility to regularly check the most recent version published on the Site.

Article 1 - PURPOSE

The purpose of the GCU is to provide a legal framework for the terms and conditions under which the services of the www.peggygirault.fr website are made available and used by the user.

ARTICLE 2 - DEFINITIONS

For the sake of clarity, the terms below, beginning with a capital letter, whether singular or plural, shall have the following meaning:

- Client" refers to any client of the Therapist who has signed a support contract,

- Publisher" means Ms Peggy Girault as creator of the Site and responsible for putting the content of the Site online and making it available,

- User" refers to any person browsing the Site, whether or not that user is a Customer.

ARTICLE 3 - ACCESS TO AND USE OF THE SITE

3.1 To access and use the Site, the User must accept the GCU. In the event of non-acceptance of the GCU, the User must renounce access to the services offered by the Site.

Access to the Site is unrestricted.

It is the User's responsibility to have and to bear the costs relating to the necessary Internet connection and the equipment required to browse the Site. They must take the necessary measures to ensure the security of their equipment and its use, particularly but not exclusively against viral attacks.

Users acknowledge that the Publisher does not operate or control the Internet and that (i) viruses, worms, Trojan horses or other unwanted data or software, or (ii) unauthorised users (e.g. hackers) may attempt to access and damage Users' data, computers or networks. The Publisher shall not be held liable for any such activities.

3.2 The User undertakes not to use the Site and the information or data contained therein for commercial, political or advertising purposes, or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.

Any use made of the Site or of any server or service accessible via the Site must comply with the national and international laws and regulations in force, as well as with the rights of third parties.

Such use must not be prejudicial to the image of the Publisher in any way or form whatsoever.

In the event of a breach of these GCU by the User, the Publisher reserves the right to interrupt access to the Site's services temporarily or permanently, without notice or compensation.

3.3 The Publisher may not be held liable in the event of legal proceedings against the User:

- as a result of using the site or any service accessible via the Internet

- failure by the User to comply with these General Terms and Conditions

The Publisher shall not be liable for any damage caused by the User to third parties and/or to the User's equipment as a result of the User's connection to or use of the Site, and the User waives all claims against the Publisher in this respect.

Under no circumstances will it be liable for any loss, prejudice or direct or indirect damage of any nature whatsoever resulting from an interruption or malfunction of the Site, in particular in the event of a server breakdown, virus attack, hacking or other computer problem causing a partial or permanent interruption of the Site.

If the Publisher becomes the subject of amicable or legal proceedings as a result of the User's use of the Site, the Publisher may take action against the User to obtain compensation for all damages, sums, fines and costs that may arise from such proceedings.

ARTICLE 4 - SITE CONTENT

4.1 The elements reproduced or used on the Site, such as trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate this Site, are protected by the laws in force in respect of intellectual property and reserved for all forms of use. Unless otherwise indicated, they are the exclusive property of the Publisher.

ETINCELLE TA VIE is a registered and protected trademark and may not be used by anyone other than the Therapist.

4.2 The User undertakes not to reproduce, copy, sell, resell or exploit for any commercial purpose whatsoever all or part of the Site and its content.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Site, without the express prior written consent of the Publisher, is strictly prohibited.

The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorised use does not imply acceptance of such use and waiver of legal action.

4.3 In addition, any User who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site's home page, must request prior written authorisation from the Publisher. This will not constitute an implicit affiliation agreement.

The Publisher is free to refuse such authorisation without having to justify its decision in any way whatsoever. In the event that the Publisher grants its authorisation, such authorisation is in all cases only temporary and strictly limited to the use that has been authorised. Such authorisation may be withdrawn at any time, without any obligation on the part of the Publisher to justify its decision.

Any hypertext link must be immediately withdrawn at the Publisher's request.

Finally, any information accessible on the Site via a link to other third-party sites may not be considered to be under the control of the Publisher, who declines all responsibility for their content.

However, any hypertext link to the Site using the framing or in-line linking technique is strictly prohibited. In all cases, any link, even if tacitly authorised, must be withdrawn immediately at the Publisher's request.

Any information accessible via a link to other sites is not under the control of the Publisher, who accepts no responsibility for their content.

ARTICLE 5 - MANAGEMENT OF THE SITE BY THE PUBLISHER

For the proper management of the Site, the Publisher may at any time :

- suspend, interrupt or limit access to all or part of the Site, or restrict access to the Site, or to certain parts of the Site, to a specific category of Users;

- delete any information that could disrupt its operation or contravene national or international laws and regulations;

- suspend access to the Site for maintenance and updates.

The Publisher cannot be held liable for any failure, breakdown, difficulty or interruption of the Site or any of its functions.

ARTICLE 6 - PERSONAL DATA

6.1 When using the Site, the Publisher collects Personal Data in its capacity as data controller. The personal data collected on the Site is as follows:

- connection: when the User connects to the Site, the latter records, in particular, his/her first name and surname, user connection data and location data;

- profile: using the services provided on the Site enables you to fill in a profile, which may include an address and telephone number;

- communication: when the Site is used to communicate - the User is kept temporarily:

- cookies: cookies are used to use the Site. Users can deactivate cookies using their browser settings.

The recipient of this data is the Therapist.

6.2 The purpose of the personal data collected from Users is to establish contact with the Therapist, make appointments, improve the Therapist's services and maintain a secure environment. More specifically, the uses are as follows:

- access to and use of the Site by the User ;

- management of the operation and optimisation of the Site ;

- Contact with the therapist;

- verification, identification and authentication of data transmitted by the User;

- recovery of the User's personal data for the first appointment ;

- implementation of User assistance;

- personalising services by displaying advertisements according to the User's browsing history and preferences;

- prevention and detection of fraud, malicious software and management of security incidents;

- management of any disputes with Users;

- sending commercial and advertising information, according to the User's preferences.

6.3 Personal data may be shared with third-party companies in the following cases:

- when the User authorises a third party's Site to access his/her data:

- when the Site uses the services of service providers to provide User assistance and advertising. These service providers have limited access to the User's data, as part of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the Site may transmit data in order to pursue claims against the Site and to comply with administrative and legal proceedings

- if the Therapist is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, Users will be informed before any personal data is transferred to a third party.

6.4 The following information is required for the 1st appointment:

- surname, first name,

- personal motivations,

- the Customer's blood group,

- any allergies,

- any ongoing medical treatment,

- and more generally any medical data that may have an impact on the assessments and their analysis.

This sensitive data is collected for the sole purpose of holding the appointment and the support proposal that will be made by the Therapist.

6.5 The Publisher undertakes to ensure the security of the personal data it holds for the purposes of its business and the proper performance of its services and to ensure compliance with the General Data Protection Regulation.

The Publisher undertakes (i) not to make any copies of personal data without the User's express consent, (ii) not to use personal data except on the User's instruction and in the context of the performance of its services, (iii) not to disclose or transmit personal data to third parties except with the User's express consent or in accordance with legal and regulatory obligations, (iv) to take all measures to prevent any misappropriate or fraudulent use of personal data, (v) to take all technical security measures to preserve the integrity of personal data, (vi) to destroy personal data three years after the first contact via the form.

6.6 In accordance with the national and European regulations in force, the User has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

Users may exercise their rights or withdraw their consent to the processing of their data at any time:

Mrs Peggy GIRAULT

4 rue Léon Fabre

69100 VILLEURBANNE

Or by e-mail: girault.peggy@gmail.com

ARTICLE 7 - COOKIES

The https://peggygirault.fr website may automatically collect standard information. All the

information collected indirectly will only be used to monitor the volume, type and distribution of the data.

configuration of traffic using this site, to develop its design and layout and for other purposes.

administrative and planning purposes and, more generally, to improve the service we provide to you.

offer.

ARTICLE 8 - APPLICABLE LAW - SETTLEMENT OF DISPUTES

These GCU are governed by French law.

In the event of a dispute, the parties will attempt to settle their differences amicably.

In the absence of an amicable settlement, the dispute will be submitted to the French Courts according to the rules of law.

jurisdiction in force.

General Terms and Conditions of Sale (GTCS)

Article 1 - DEFINITIONS

Article 2 - SCOPE OF APPLICATION

Purpose. The GCS govern the provision of the Service to the Customer, including the conditions of use of the Site published and made available by the Company.

Access to the GTC. The GCS are accessible at all times on the Site and take precedence, where applicable, over any other version, whether previous or future. The GTS take effect from the date of their update, which is 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.

Acceptance of the GTCS. Before placing any 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 placing any Order, he/she has received sufficient information and advice from the Company on the Web Site, enabling him/her to ensure that the content of the Order is suited to his/her needs. The GTS constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.

By placing an Order, the Customer declares that he/she is of legal age and capable of entering into a contract under the law of his/her country or that he/she represents, by virtue of a valid power of attorney, the person for whom he/she is subscribing to the Service. In any event, the Customer guarantees that he/she has the necessary authorisations to use the payment method selected when validating the Order.

In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions. Scope of the GCS. Customers may request a copy of the version of the GTC applicable to their Order at any time. No specific terms and conditions, at the Customer's initiative, may be added to and/or substituted for these Terms and Conditions. The Company reserves the right to stipulate special conditions for its Services, special offers, special guarantees, etc., which are provided to the Customer prior to the Order. The fact that the Company, at any given time and for any reason whatsoever, does not avail itself of a breach by the Client of any of the obligations contained herein shall not be construed as a waiver of its right to avail itself of such obligations in the future.

Article 3 - SERVICE CHARACTERISTICS

Presentation of the Service. The Customer may refer to the presentation of the Service on the Site, which is summarised on the Order page and in the confirmation e-mail. The Customer is expressly advised that all Service offers are subject to change. The Customer is only liable for the Service described when the Order is placed. Where the contract entered into with the Company relates to the provision of digital content or digital services (excluding other services that do not have the character of digital services), the service is provided as is and no minimum level of service quality is guaranteed to the Customer.

Language. The Service is provided by the Company in French.

Information on the Services. The Services governed by the GTS are described and presented as accurately as possible. However, the Company 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.

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.

Videoconference interview. Before subscribing to a Service via the Site, the Company offers the Customer an optional, free, personalised interview. Interested Users can select a time slot (day, time) that suits them by providing certain personal information (name, email, telephone number, current and desired weight situation, main obstacles encountered) and by answering certain questions relating to their current or future financial resources. If an appointment is made, the User is obliged to honour it. Should the User fail to keep a scheduled appointment, the Company reserves the right not to accept a new appointment.

Delivery of modules. In the case of an online training course comprising one or more modules, delivery means making available the first module, session or document of the training course ordered using the Identifiers created by the Customer or provided by the Company after the Order or by any other electronic means provided for in the Order. The Customer expressly accepts that he/she may not request immediate access to all of the modules immediately after placing the Order, but that such access will be provided in accordance with the terms and conditions set out in the contract.

Subject to the provisions relating to the right of withdrawal, for any :

The first module will be delivered immediately after confirmation of the Order, and subsequent modules will be delivered at intervals of 7 days.

Online contribution areas and groups (hereinafter referred to as "Group(s)"). The Company may make self-help groups or online contribution areas available to its Customers, accessible on the Site or on third-party sites such as online platforms. Access to the Group may be conditional upon the Customer sending a request to join the Group. The Company may create and delete Groups according to the needs of its business and may, if necessary, ask the Customer to renew the membership application. In the event of difficulty accessing a Group for which membership is included in the Service, the Customer is invited to contact the Company by email. Except in the event of an exceptional volume of requests, requests to be added to a Group and requests for assistance will be processed within 72 hours.

Where access to a Group is provided with the Service, then the duration of access to the Group may be limited to the duration of the Service. The Company may create and delete Groups according to the Orders in progress and transfer the Customer to an equivalent Group.

Use of these Groups may be subject to compliance with the rules of use laid down by the Company and, where applicable, by the online platform operator hosting the Group. In the event of non-compliance with these rules of use, the Company reserves the right to warn, sanction or even cancel the Client's access rights, without prejudice to any measures that may be taken by the online platform operator.

In any event, the Customer shall refrain from any publication, comment, message or any other communication prohibited by law or regulation or infringing the rights of third parties or the Company. Any publication or content constituting an offence or the purpose of which is to incite the commission of an offence (threats, incitement to hatred or violence, apology for terrorism, discrimination, fraud, identity theft, infringement of intellectual property rights, spam, insult, defamation, harassment, obscene content, etc.) may be deleted and will result in the exclusion of the Customer from the Group and the immediate and definitive interruption of the Service, without any possible compensation. The Customer is also expressly informed that the aforementioned publications or content may give rise to legal proceedings on the part of the Company or third parties who may have been the victims thereof.

Furthermore, the Company has no control over any Groups that are not created by the Company but by third parties, including Customers, and of which the Company is not the administrator. The Company may not under any circumstances be held liable, in any capacity whatsoever, for the actions of the members of these Groups or for any other damage resulting from the use of these Groups which are not under its control or of which it is not the administrator.

Article 4 - DURATION OF SERVICE

The Service is provided to the Customer for the period specified at the time of the Customer's Order. As part of the offer of digital content or services, the Customer is expressly informed that the benefit of certain promotions is subject to a minimum commitment period, which will be specified at the time of the Order.

Where no duration is defined, then the Service remains accessible for at least one year after the Service has been fully delivered, and the Company may withdraw access at any time thereafter. In the event of the purchase of an online training course or any other offer of access to digital content, media are provided in PDF, audio or video versions which it is the Customer's responsibility to download in their latest version before the expiry of their access rights to the Service.

Article 5 - ORDERING

Ordering on the Call. After selecting the Service they wish to subscribe to on the Site, Customers are directed to a page for making an appointment for a Call. If they decide to place an Order, they must enter their contact details and payment details (single payment or payment in instalments, payment method). The Customer 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 electronic mailbox for sending and receiving messages. If they do not, they will not be able to receive written confirmation of their Order at the e-mail address provided, nor will they be able to receive their access codes for the Service.

The Client may not hold the Company liable 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.

Obligation to pay. Any Order received by the Company is deemed to be firm and definitive, entailing full and unreserved acceptance of the General Terms and Conditions of Sale under the conditions set out therein, and the obligation to pay for any Service ordered.

Electronic signature The provision of the Customer's bank details online and the final validation of the Order shall constitute (i) proof of the Customer's agreement, (ii) payment of the sums due in respect of the Order placed and (iii) signature and express acceptance of all the operations carried out when browsing the Site and placing the Order on the Call (ticking and unticking boxes, validation clicks, etc.).

Order validation. The Customer has read and accepted the General Terms and Conditions on the appointment booking page. If the Customer wishes to join the support programme at the end of the Call, the Customer is directed to a payment page on which he/she provides his/her bank details before validating his/her payment. It is the Customer's responsibility to check the summary information for their Order and correct it if necessary, before confirming payment for the Order. This second click definitively confirms the Customer's Order.

Order confirmation. As soon as payment has been validated by the Company or its payment service provider, the Customer shall receive an e-mail confirming and summarising his/her Order.

Proof of the transaction. The computerised registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of the communications, Orders and payments that have taken place between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 6 - PRICE TERMS

Applicable rates. The Service subscribed to is delivered at the current rates announced during the Call when the Customer's Order is recorded by the Company.

The Service may be delivered not in return for the payment of a price but in return for the provision of personal data (such as a surname, first name, email address, telephone number), which may be used for commercial prospecting purposes, with the Customer's express, free and informed consent.

Prices are quoted 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. The prices announced on the Call are inclusive of all taxes. It is the responsibility of the professional to carry out any useful checks and to comply with their tax obligations, particularly with regard to VAT, for which the Customer is solely responsible.

In the event of an international sale, any customs duties and other taxes payable are the sole responsibility of the Customer. The Company accepts no liability in this respect and the Customer is solely responsible.

Payability of sums. Validation of the Order shall render all sums due in respect thereof payable. By validating his/her Order, the Customer authorises the Company (or its Partners, payment service providers) to send instructions to his/her bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the Order summary.

Payment methods. To pay for their Orders, Customers may choose from all of the payment methods made available by the Company at the time of the Call.

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 the Company has no control - in particular, by way of example, Stripe (https://stripe.com/payment-terms/legal), or Gocardless (https://gocardless.com/fr-fr/legal). In this case, payment is made by SEPA direct debit or using the bank card details 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.

Debit authorisation. By providing his/her bank details at the time of sale, the Client authorises the Company to debit the account for the amount of the price indicated on the Site for the corresponding Service. The Customer guarantees the Company that he/she is of legal age and that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the Order form.

Special offers and discount vouchers. 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, in accordance with the law. The applicable rates are those in force at the time of the Customer's Order, and the Customer may not take advantage of any other rates, whether prior to or subsequent to his/her Order. Discount vouchers may be subject to special conditions and are in any event strictly personal to their beneficiary and may only be used once.

Payment incident - Fraud. The Company reserves the right to suspend the processing of any Order and the provision of any Service in the event that authorisation for payment by bank card is refused by the officially accredited organisations or in the event of non-payment. In particular, the Company reserves the right to refuse to honour an Order placed by a Customer who has not paid in full or in part for a previous Order or with whom a payment dispute is in progress.

The Company may contact the Customer to request additional documents in order to process payment for the Order. The Company may rely on the information provided by the Order analysis system. The documents requested must be supplied in order for the Company to confirm the Order. In order to combat credit card fraud, the Company may carry out a visual check of the means of payment before making the Service available. In the event of fraudulent use of the Customer's bank card, the Customer is invited to contact the Company as soon as this is discovered, without prejudice to the steps that the Customer must take with his/her bank.

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 Customer.

Payment facilities. If the Company offers the Customer the option of paying the entire fixed price in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Service. The full price corresponding to the sum of the 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 provision 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. Where payment in several instalments is offered, the first instalment shall be paid on the date of the Order and the subsequent instalments with an interval between each payment specified in the Order summary (unless otherwise stated, one month between each payment). In this case, the Customer guarantees the validity of his/her bank details until the last scheduled payment date. The Company 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.

Article 7 - RIGHT OF WITHDRAWAL

Time limit. The Customer may withdraw from the contract concluded with the Company 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 the period expires on a Saturday, Sunday or public holiday, it shall be extended until the end of the last hour of the first working day thereafter.

Exercise. In order to exercise the right of withdrawal, the Customer shall notify Peggy GIRAULT, 4 rue Léon Fabre 69100 Villeurbanne, girault.peggy@gmail.com, of his/her decision to withdraw from this 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 is not obliged to do so. 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 decision to withdraw, by the same means of payment as that used for the initial transaction, unless the Customer accepts a different means.

MODEL WITHDRAWAL FORM

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

For the attention of Peggy GIRAULT, 4 rue Léon Fabre 69100 Villeurbanne, girault.peggy@gmail.com:

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

Ordered on (*) :

Name of consumer(s) :

Address of consumer(s) :

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

Date:

(*) Delete as appropriate.

PLEASE NOTE THAT 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 where performance has begun with the consumer's express prior agreement and express waiver of his right of withdrawal;

Supply of digital content not provided on a tangible medium where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;

Supply of audio or video recordings or computer software when they have been 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 personalised;

Provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities to be provided on a specific date or at a specific time (conference, live event, etc.);

When the Customer is a professional.

When the contract has been concluded for current or future professional purposes.

If the Customer requests a service directly after placing the Order, without waiting for the end of the withdrawal period, but does not waive their right to do so in the cases set out above, they shall pay the Company an amount corresponding to the Service provided until they inform the Company of their 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 shall be calculated on the basis of the market value of what has been provided.

As part of the legal exceptions and where required by law, the Customer may be asked at the time of placing the Order to indicate their agreement to receive the Service before the end of the withdrawal period and/or their waiver of the right to withdraw via a tick box or any other appropriate means. Failing this, the Company reserves the right not to send any content to the Customer before the end of the fourteen-day period, which the Customer expressly accepts.

Termination of the Service in the event of exercise. The exercise of the right of withdrawal terminates the obligation of the parties either to perform the contract or to conclude it where the consumer has made an offer. Exercising the right to withdraw from a main contract automatically terminates any accessory 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 if the right of withdrawal is exercised.

Article 8 - CONDITIONS OF ACCESS TO THE SITE AND SERVICE

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, shall be borne exclusively by the User. The Company may not 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 hardware 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.

Access to the Service. The Company will provide the Identifiers enabling access to the Service no later than 24 hours from the date and time at which the Customer placed his/her Order, subject to acceptance of payment by his/her bank. It is therefore essential to provide a valid e-mail address. The conditions for accessing the Service may vary depending on the conditions for exercising the right of withdrawal, in accordance with the terms and conditions set out in the GTCS and the law.

Customers are invited to contact the Company 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 the Company from any liability to the Customer, who may not hold the Company responsible for any unavailability of the Service.

Individual and personal nature of Identifiers. Any Login ID provided by the Company to the Customer is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service solely for personal use and declares that he/she will not resell, distribute or hire out 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/her Order. Any Customer who fails to comply with this undertaking shall be liable to prosecution. The Customer shall be liable for any unauthorised, fraudulent or abusive use of his/her Identifiers, and shall inform the Company without delay of any loss or theft thereof. In the event of a proven breach of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without compensation, prior notice or prior information.

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 people for whom access to the Service is desired.

Maintenance. The Site may be subject to maintenance operations and the Company 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 carry out maintenance (in particular by means of updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

Contractual liability. The Company 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, the Company may not be held liable for any malfunction of the network or servers or any other event beyond its reasonable control, which prevents access to the Site or the Service.

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 or obscene comments, etc. and from any disparaging publication likely to infringe the rights of the Company, other Users or third parties, or which is contrary to the law.

The Company reserves the right to refuse access to all or part of the Site, the Service, the contribution areas and groups or to limit access rights to the contribution areas and groups, unilaterally and without prior notice 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/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. The Company has no control over these conditions and declines all responsibility in the event of the Customer being banned from or involved in a dispute with these third-party sites.

Article 9 - CONFORMITY GUARANTEE

THE CUSTOMER IS EXPRESSLY INFORMED THAT THIS GUARANTEE DOES NOT APPLY TO PROFESSIONAL CUSTOMERS AND TO SERVICES OTHER THAN DIGITAL SERVICES, WHETHER OR NOT THE PROFESSIONAL USES DIGITAL FORMATS OR MEANS TO CREATE THE SERVICE PRODUCT, SUPPLY IT OR TRANSMIT IT TO THE CONSUMER.

Consumers have a period of two years from the date of supply of the digital content or digital service in which to bring the legal guarantee of conformity into play if a lack of conformity appears. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.

The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.

The consumer may obtain a reduction in the price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in exchange for giving up the digital content or the digital service, if :

1° The professional refuses to bring the digital content or service into conformity ;

2° The compliance of the digital content or service is unjustifiably delayed;

3° The digital content or service may not be brought into conformity at no cost to the consumer;

4° Bringing the digital content or service into conformity causes major inconvenience to the consumer ;

5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring it to conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.

The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10 % of average annual sales (article L. 242-18-1 of the French Consumer Code). Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

Article 10 - PROTECTION OF PERSONAL DATA

The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data - for the purposes of managing contracts and Orders, providing and improving the Site and Service, commercial prospecting and handling disputes - complies with the General Data Protection Regulation (RGPD) and the French Data Protection Act (loi Informatique et Libertés) in its latest version.

In order to provide the service or certain digital content, the Company collects and processes the following Customer data: surname, first name, email address, telephone number, billing address, bank details, weight, height, age, blood group.

Customers' personal data will not be kept for longer than is strictly necessary for the purposes indicated. Certain data enabling proof of a right or a contract to be established may be subject to an intermediate archiving policy for a period corresponding to the prescription and foreclosure periods for 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, deletion and 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 that make it possible to track usage (user account connected, IP address, type of application used, various connection and usage logs for the User account, etc.) and that may be used in the fight against counterfeiting and/or to identify and/or prevent any illicit or non-compliant use of the Site.

Any request to exercise this right should be sent by email to girault.peggy@gmail.com. Any person affected by data processing has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.

The Customer's telephone details may be requested by the Company as part of an Order. Consumer Clients who do not wish to be the subject of commercial canvassing by telephone are informed that they may, free of charge, register on a telephone canvassing opposition list called "Bloctel" (more information on bloctel.gouv.fr). If the Customer is registered on this list, the Company will not carry out telephone canvassing and may only contact the Customer by telephone for solicitations made in connection with the performance of an Order in progress and related to the subject of that Order.

In order to deal with a security incident, a threat or a situation of vulnerability, the Company may implement the following measures on the Internet: informing Customers and the supervisory authority if necessary, raising awareness among the Company's teams, reinforcing the security of the Company's premises and workstations. The Company may also take the following measures with regard to its Customers: make Customer access to the Service conditional on the modification of their Identifiers, require them to strengthen the security of their passwords, introduce authentication procedures with enhanced security (two-factor authentication). For more information on automated data processing and how to exercise your rights, Users may consult the confidentiality policy accessible at any time on the Site and the information on cookies used by the Company.

Article 11 - PARTNER SITES - HYPERTEXT LINKS

The User may access, via hypertext links present on the Site or as part of a Service, Partner or third party sites, designed and managed under the responsibility of third parties who are not subject to the GTCS. 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.

The Company has no control over the said sites and 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, 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 rights and legitimate interests.

Article 12 - CASE OF FORCE MAJEURE OR IMPOSSIBILITY

Performance of the Company's obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. This suspension may concern all or part of the Service. In this case, the Company 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. If the permanent hindrance is partial, only a partial refund will be granted.

Under the conditions laid down by law, Customers expressly accept that they may not 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.

The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognised by the case law of the courts and tribunals, and without this list being restrictive: strikes or industrial disputes within or outside the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of the energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.

The Company may not be held liable for any 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 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, the Company may not be held liable for any unavailability, slowdown or failure of the Internet network or of any IT solutions whatsoever, except in the event of proven negligence on its part. Furthermore, in the event that the person(s) in charge of the Service is/are unable to work due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace them and/or suspend the service without the Client being able to demand payment of any compensation whatsoever. The Company will notify the Client 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 a refund. If the definitive impediment is partial, only a partial refund will be granted.

Article 13 - INTELLECTUAL PROPERTY

The Company or its Partners hold all intellectual property rights relating to the Site and the Service. The intellectual property rights relate in particular, but not exclusively, to all the 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 the Company or its Partners.

The User or 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 authorisation of the Company or its Partners.

Any use of all or part of the Site or the Service that is not authorised in advance by the Company 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 infringement action.

In return for payment of the price requested at the time of the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information in the Service are subject to a strictly personal, non-transferable and non-exclusive right of use for the duration of the Service selected by the Customer at the time of the Order for the duration of the contract only.

In this respect, the Customer shall refrain from using and exploiting the Service on behalf of other persons, including his employees or entourage. The Customer shall be held liable in the event of unauthorised transfer or communication of the content of the Service or sharing of their login details for any purpose whatsoever. The Customer undertakes to ensure that the intellectual property rights of the Company or its Partners are respected by all of its employees who may 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 unauthorised use by the Company may give rise to prosecution. The Company 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.

Article 14 - NOTICES, REFERENCES AND COMMUNICATION

Opinions online.

Customers may post a review on the Site or Google by filling in the form provided for this purpose. They undertake to provide an accurate description of their consumer experience.

Notices on the Site are dated and listed in chronological order

These comments are monitored by the Company.

Opinions are published in full. All reviews, whether positive or negative, may be published. However, publication of a review may be refused for one of the following reasons

comment made by a person who is not a Customer;

offensive, defamatory, hateful or discriminatory comments ;

comment containing a hypertext link to a third-party site ;

comment unrelated to the service in question ;

comments containing personal data ;

unintelligible comment ;

comments contrary to any legal or regulatory provision in force on the date of publication of the notice;

This check is carried out before the notice is published, within 72 hours of its submission by the Customer.

Monitoring is carried out semi-automatically, partly by computer and partly by human intervention. Automated monitoring is used to identify unlawful content, such as abusive or obscene content, content that infringes copyright or that does not respect the protection of personal data.

If the Company refuses to publish the review, the Customer will be informed by e-mail within 72 hours of the decision not to publish the comment.

Concerning the modification of notices: CHOOSE the method that the professional distributing the notice wishes to use:

Customers may modify or delete their notice at any time.

In any event, the Company reserves the right to contact the User who has posted an opinion on the Site.

Customer Reference. Clients may be asked by the Company to be named as beneficiaries of the Service. With the Client's agreement, the Company may be authorised to mention the Client's name, the opinion it has given to the Company regarding 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 Clients, in particular on the Website, for advertising and promotional purposes, in interviews with third parties, in communications to its staff, in internal planning documents and in the event of legal, regulatory or accounting provisions requiring it to do so.

Authorisation to use. When the Client sends written material, videos and/or photographs to the Company to give its opinion or testify about the Service provided by the Company, and where applicable issues comments or publications concerning the Company (for example, on its social networks), to which its identifier and profile photo on the social networks are attached, then the Client authorises the Company to use this content to promote its commercial activities. The content may be protected by image rights and/or copyright, and in this case, the Client grants the Company 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, the Company may take screenshots of publications on social networks concerning it or the Service from which the Client has benefited, and reproduce them on the Site as an opinion.

The Customer acknowledges that he/she is in full possession of his/her rights and may not claim any remuneration for the use of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client concerned, plus 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorisation to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis. 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.) organised or co-organised by the Company. 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/she will be asked to stand at 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 positioned. When the event is remote, the Customer may choose a pseudonym and not activate their camera so as not to appear in the screen captures. It is the responsibility of professional Clients to inform their beneficiaries of the conditions under which photographs are taken.

Article 15 - CHANGES TO GENERAL TERMS AND CONDITIONS

The Company reserves the right to modify the terms, conditions and wording of the GCS 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 the Company will not apply to Services already subscribed to, except for clauses relating to the technical development of the Service, provided that this does not result in an increase in price or a change in the quality or characteristics to which the non-professional or consumer Customer has made his commitment. The Customer may also be asked to accept the amended T&Cs, failing which the last T&Cs accepted will continue to apply until the Service has been fully performed. If the Company is unable to continue to provide the Service under the previous conditions, the Customer has the option of requesting cancellation and reimbursement. In this case, the Company may retain an amount corresponding to the Service provided until termination, in accordance with the conditions laid down by law.

Article 16 - LIABILITY

Warranties. Except under the conditions of any applicable legal or commercial warranties, the Company is not bound by any obligation of result and does not provide any express or implicit warranty, including, but not limited to, relating to the continuity, performance, results and durability of the Service provided, which are subject to randomness.

Under no circumstances does the price of the Service include any costs incurred by the Customer in the course of its activities to achieve its objectives, and any amount for costs such as advertising is always provided for information purposes only as part of the Service.

Any objectives, success stories or examples presented by the Company 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. The Company cannot under any circumstances guarantee the Customer that he/she will obtain similar results and these references are only used as examples.

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 his/her 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 perfectly aware that the Services offered are of an informative nature only and do not commit the Company to obtaining any result whatsoever 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 is not a means of obtaining a state-recognised diploma, and has never been offered as such by the Company. The Customer remains perfectly free to withdraw from the Service under the conditions set out in the contract. They act under their sole and exclusive responsibility.

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

Limitation of liability. Regardless of the type of Service package selected by the Professional Client, the Company's liability is expressly limited to compensation for direct damage proven by the Professional Client. Under no circumstances may the Company be held liable for indirect damage such as loss of data or file(s), operating loss, commercial loss, loss of earnings or damage to the Professional Client's image or reputation. Similarly, the Company may not be held liable for direct or indirect damage caused to the User's equipment when accessing the Site or the Service, 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 ANY EVENT, THE COMPANY'S LIABILITY TO PROFESSIONALS IS CAPPED AT THE AMOUNT OF THE PRICE PAID, EXCLUSIVE OF TAX, BY THE CUSTOMER IN RETURN FOR THE PROVISION OF THE SERVICE TO WHICH THE DISPUTE RELATES. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM THAT THE COMPANY MAY BE REQUIRED TO PAY BY WAY OF COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, IRRESPECTIVE OF THE HEADS OF DAMAGE ALLEGED AND THE LEGAL GROUNDS USED, UNLESS THE LAW OR CASE LAW PRECLUDES THIS.

Article 17 - GENERAL

The General Terms and Conditions of Sale and all purchase and sale transactions referred to therein are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic 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 GCS by the Company shall not constitute a waiver on its part of the other clauses hereof, which shall continue to produce their effects, or a waiver of its right to rely on them for the future.

The Customer accepts that the Company may assign this contract to its affiliated companies or to a purchaser without its prior consent.

Article 18 - DISPUTES

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

Mediation.

In the event of difficulty in the application of this contract, the consumer Customer residing in Europe has the possibility, before taking any legal action, of requesting recourse to a consumer mediator from the MCP MÉDIATION mediation centre:

Médiation de la consommation & patrimoine, Head office and correspondence: 12 square Desnouettes , 75015 PARIS - Tel: 01 40 61 03 33

Online submission: https://mcpmediation.org/saisir-le-mediateur/

The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may refer the matter 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. Disputes between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE SERVICE, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE TOWN WHERE THE COMPANY'S REGISTERED OFFICE IS LOCATED, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR APPLICATION.