Terms & Conditions

1.     Object

 

These terms and conditions are intended to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

 

In particular, they are accessible and printable at any time by a direct link at the bottom of the site's homepage.

 

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions take precedence over these general terms and conditions

2.     Services Operator

The Services are operated by Partenaire Particulier, SAS with a share capital of 109.95 euros, registered with the RCS of Versailles under number 838 837 730, whose head office is located at 2 rue des Plains, 78790 Septeuil (hereinafter referred to as: "Partenaire Particulier").

 

Partenaire Particulier can be contacted at the following coordinates:

 

Postal address: 24 rue de Teheran, 75008 Paris

E-mail address: contact@partenaireparticulier.tv

 

3.     Access to the Site and Services

 

The Services are accessible, subject to the restrictions provided on the website:

 

-       To any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his legal representative;

-       To any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

 

4.     Acceptance of general conditions

 

Acceptance of these terms and conditions is indicated by a check box in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

  

5.     Registration on the site

 

5.1         The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated.

 

The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that Partenaire Particulier considers the most appropriate to make those Services.

 

The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.

 

He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.

 

The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

 

5.2         The User may access his Personal Area at any time after identifying himself with his login and password.

 

The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

 

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Partenaire Particulier at contact@partenaireparticulier.tv if he notices that his Account has been used without his knowledge. It recognizes Partenaire Particulier's right to take all appropriate measures in such a case.

 

6.     Description of the Services

 

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Partenaire Particulier deems most appropriate.

 

7.     Paid services

 

7.1         Price

 

The price of the Services is indicated on the site.

 

Unless otherwise stated, they are expressed in euros and all French taxes included.

 

Partenaire Particulier reserves the right, at its discretion and according to the terms of which it will be the only judge, to propose promotional offers or price reductions.

  

7.2         Price revision

The price of Services may be subject to revision by the Partenaire Particulier at any time, at his discretion.

 

The User will be informed of these changes by Partenaire Particulier by email under a notice of 12 hours at least before the entry into force of the new rates.

 

The User who does not accept the new prizes must terminate his use of the Services in accordance with the terms set out in article 18 "Duration of services, unsubscription". Otherwise, it will be deemed to have accepted the new rates.

 

7.3         Billing

The Services are the subject of invoices which are communicated to the User by any useful means.

 

7.4         Terms of payment

The terms of payment for the price of the Services are described on the site.

 

Payment is made by direct debit from the credit or debit card number of the User.

 

The levy is implemented by the payment provider designated on the site, which alone retains the bank details of the User for this purpose. Partenaire Particulier does not keep any bank details.

 

The User guarantees to Partenaire Particulier that he has the necessary authorizations to use the chosen method of payment. He undertakes to take the necessary measures so that the automatic deduction of the price of the Services can be made.

 

7.5         Delays and payment incidents

 

The User is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically and without prior notice:

 

(i)    The forfeiture of the term of all sums due by the User and their immediate payment;

 

(ii)   The immediate suspension of the Services in process until the full payment of all the sums due by the User;

 

(iii)  The billing to the benefit of Partenaire Particulier of a late interest rate of 10% (ten percent) the rate of legal interest, based on the amount of all the sums due by the User.

 

8.     Data

 

The User acknowledges and expressly agrees that the data collected on the site and on the IT equipment of Partenaire Particulier is evidence of the reality of the operations carried out in the context of these presents;

 

The User can access this data in his Personal Space.

 

9.     Obligations of the User

 

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:

 

9.1       The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

 

In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of Partenaire Particulier can in no case be engaged in this respect.

 

9.2       The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.

 

9.3       The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

 

9.4       The User is also solely responsible for the relations that he may establish with other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.

 

9.5       The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

 

9.6       The User undertakes to provide Partenaire Particulier with all the information necessary for the proper execution of the Services. More generally, the User agrees to cooperate actively with Partenaire Particulier for the proper execution of these.

 

9.7       The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site) that it disseminates as part of the Services (hereinafter referred to as the "Content").

 

It guarantees Partenaire Particulier that he has all the rights and authorizations necessary for the dissemination of these Content.

 

It undertakes that those Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of Partenaire Particulier.

 

The User is forbidden to broadcast, in particular and without this list being exhaustive:

 

-       Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,

-       Counterfeit contents,

-       Attempting content in the image of a third party,

-       False, misleading or proposing or promoting illegal, fraudulent or deceptive content,

-       Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),

-       And, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

 

9.8       The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot be a substitute for these other means.

 

9.9       The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.

 

9.10    The User is informed and agrees that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10.  User warranty

 

The User warrants Partenaire Particulier against any complaints, claims, actions and / or any claims that Partenaire Particulier may suffer as a result of the breach by the User of any of its obligations or guarantees under these terms and conditions.

 

He undertakes to indemnify Partenaire Particulier for any loss he may suffer and to pay him any costs, charges and / or convictions that he may have to bear as a result.

 

11.  Prohibited Behaviour

 

11.1    It is strictly forbidden to use the Services for the following purpose:

 

-       The exercise of illegal activities, fraudulent or infringing the rights or security of third parties,

-       The breach of public order or the violation of the laws and regulations in force,

-       Intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,

-       The sending of unsolicited emails and / or prospecting or commercial solicitation,

-       Manipulations intended to improve the referencing of a third site,

-       The aid or the encouragement, in any form and in any way, to one or more of the acts and activities described above,

-       And more generally any practice diverting the Services for purposes other than those for which they were designed.

 

11.2    Users are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of Partenaire Particulier's website for their own purposes or those of third parties.

 

11.3    The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Partenaire Particulier systems, (iii) any misappropriation of resources. system of the site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of the Partenaire Particulier or the users of his site, and finally more generally (vii) any breach of the present general conditions.

 

11.4    It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.

12.  Penalties for breaches

 

In case of breach of any of the provisions of these terms and conditions or more generally, violation of laws and regulations in force by a User, Partenaire Particulier reserves the right to take any appropriate measure including:

 

(i)    Suspend or terminate access to, or participation in, the Services of the User, the perpetrator of the breach or offense,

(ii)   Delete any content posted on the site,

(iii)  Publish on the site any information message that Partenaire Particulier deems useful,

(iv)Notify any relevant authority,

(v)  Initiate any legal action.

 

13.  Liability and Guarantee of Partenaire Particulier

 

13.1    Partenaire Particulier undertakes to provide the Services diligently and in accordance with the rules of art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept.

 

13.2    Partenaire Particulier is not aware of the Content put online by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it does not intervene as a hosting provider.

 

Consequently, Partenaire Particulier cannot be held responsible for the Content, whose authors are third parties, any possible claim to be directed in the first place to the author of the Content in question.

 

The damaging Content to a third party may be the subject of a notification to Partenaire Particulier in accordance with the terms and conditions provided by Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Partenaire Particulier reserving the right to take the necessary measures.

 

13.3    Partenaire Particulier declines any responsibility in case of possible loss of the information accessible in the User's Personal Space, the latter must save a copy and cannot claim any compensation in this respect.

 

13.4    Partenaire Particulier undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, Partenaire Particulier reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Partenaire Particulier cannot be held responsible for temporary difficulties or impossibilities of access to the site due to external circumstances, force majeure, or due to disruption of telecommunication networks.

 

13.5    Partenaire Particulier does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.

 

13.6    In any event, the liability that may be incurred by Partenaire Particulier under the terms hereof is expressly limited to proven direct damages suffered by the User.

 

14.  Intellectual Property

 

The systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, brands, database, etc ...) exploited by Partenaire Particulier within the site are protected by all rights intellectual property rights or the rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Partenaire Particulier are strictly prohibited and may be subject to prosecution.

 

15.  Personal data

 

Partenaire Particulier practices a policy of protection of personal data whose characteristics are explained in the document entitled "Confidentiality Charter", which the User is expressly invited to read on the site.

                      

16.  Advertising

 

Partenaire Particulier reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Partenaire Particulier will be the sole judge.

 

17.  Links and third party sites

 

Partenaire Particulier will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User would access through the site.

 

Partenaire Particulier does not endorse any liability for the content, advertising, products and / or services available on such third-party mobile sites and sites, which are reminded that they are governed by their own terms of use.

 

Partenaire Particulier is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User would be directed through the site and cannot under any circumstances to be party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, the guarantees, declarations and any other obligations to which these third parties are bound.

  

18.  Duration of Services, unsubscription

 

Services are underwritten for an indefinite period.

 

The User may unsubscribe from the Services at any time, by sending a request to this effect to Partenaire Particulier by email at: contact@partenaireparticulier.tv

 

The unsubscription is effective immediately. It automatically deletes the User Account.

 

19.  Modifications

 

Partenaire Particulier reserves the right to modify at any time these terms and conditions.

 

The User will be informed of these modifications by any useful means.

 

Users who do not accept modified terms and conditions must unsubscribe from the Services.

 

Any User who uses the Services subsequent to the entry into force of the modified terms and conditions is deemed to have accepted such changes.

 

20.  Language

 

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

21.  Applicable law and jurisdiction

 

These general conditions are governed by French law.

 After an attempt to reach an amicable agreement and in the event of any dispute as to the validity, interpretation and / or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, except in the case of contrary imperative procedure.

 

22.  Applicability

 

These terms and conditions came into effect on January 5, 2019.

General Terms and Conditions of Sale

 

These terms and conditions of sale are concluded on the one hand by SAS Partenaire Particulier with capital of 109.95 euros whose head office is located at 2 rue des Plains, 78790 Septeuil, registered with the RCS of Versailles under the number 838 837 730 hereinafter referred to as "Partenaire Particulier" and on the other hand, by any natural or legal person wishing to make a purchase via the website of "Partenaire Particulier" hereinafter referred to as "the buyer".

1.     Object

The present conditions of sale aim to define the contractual relations between Partenaire Particulier SAS and the purchaser and the conditions applicable to any purchase made through the partner Partenaire Particulier's website, whether the buyer is professional or private.

The acquisition of a service through this site implies an unconditional acceptance by the buyer of these terms of sale.

These conditions of sale shall prevail over all other general or special conditions not expressly approved by Partenaire Particulier SAS.

Partenaire Particulier SAS reserves the right to modify its conditions of sale at any time. In this case, the conditions applicable will be those in force on the date of the order by the buyer.

2.     Characteristics of services offered

The products and services offered are those listed in the "Our Offers" section published on trainy.co and each product is accompanied by a description.

The photographs in the product sheets are used only to illustrate the service.

3.     Prices

The prices listed in the heading "Our Offers" as well as in the product sheets are prices including VAT in euros taking into account the VAT applicable on the day of the order in France. Any change in the rate may be reflected in the price of the products or services.

Partenaire Particulier SAS reserves the right to modify its prices at any time, it being understood however that the price appearing in the heading "Our Offers" on the day of the order will be the only one applicable to the buyer.

The price quoted is not a subscription. It gives access to the product(s) purchased for 1 year on the Trainy platform.      

4.     Terms of purchase

The buyer who wants to buy a product or service must:

- fill his basket online by adding the products and services he wants from the section "Our Offers",

- create an account on which he will indicate all the requested details (name, e-mail, password) or identify himself if he already has an account,

- validate your order after checking it,

- make the payment in the prescribed conditions,

- confirm your order and payment.

The confirmation of the order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and waiver of its own conditions of purchase or other conditions.

All data provided and the recorded confirmation will be worth proof of the transaction. Confirmation will be worth signing and acceptance of transactions.

5.     Cancellation

 Buyers do not benefit from a withdrawal period, insofar as the products and services sold on Partenaire Particulier SAS are digital content provided on an immaterial medium, available instantly and immediately upon validation of the transaction.

6.     Terms of payment

Payments will be made by credit or debit card.

They will be made through the secure system developed by Stripe or via PayPal.

The buyer's account will only be debited for the amount of products or services purchased.

The buyer can at any time find the invoice of purchases highlighting the VAT, from his user account in the section "My Orders", on the site trainy.co

Availability of products and services purchased:

-Once the transaction is made on trainy.co, an e-mail is automatically sent to the buyer including:

-The summary of his order,

- Access to the training platform trainy.co

7.     Responsability

In the online sales process, Partenaire Particulier SAS is held only by an obligation of means.

It can not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruption or other external problems.

- Intellectual property

All elements of the SAS Partenaire Particulier website are and remain the exclusive intellectual property of SAS Partenaire Particulier.

No one may reproduce, use, repost or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound.

Any simple link or hypertext is strictly prohibited without the written and express agreement of Partenaire Particulier SAS.

- Personal data

In accordance with the law relating to data, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing.

Partenaire Particulier SAS reserves the right to collect information on the purchasers including by using cookies and, if it wishes, to transmit to the partners the collected information. Buyers may object to the disclosure of their details by notifying SAS Partenaire Particulier. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.

The SAS Partenaire Particulier computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

8.     Complaint and settlement of disputes

 The present conditions of sale on line are subjected to the French law. All complaints must be made by e-mail to the following address: contact@trainy.co

In case of dispute, the parties will seek an amicable agreement and if no agreement could be found, jurisdiction is assigned to the competent courts of Paris, notwithstanding plurality of defendants or warranty claim.