Terms & Conditions of Use & Transactions - Terms

INTRODUCTION

These Terms & Conditions of Use & Transactions herein referred to as “Terms” defines the relationships between the Society of Mr. François-Xavier Pradon, herein known as the “Society”, and its clients – professional and non-professional, natural persons or legal entities – as well as any natural person or legal entity browsing the site https://www.francoisxavierpradon-fixit.com. These relationships may range from simply browsing the website to executing a transaction for payment and delivery of services.

The term “Site” will refer to the current website https://www.francoisxavierpradon-fixit.com and all its pages. The Site is managed by François-Xavier PRADON, introduced in the “Legal Notice” of the Site, designated by the title “Editor”.

The term “User” defines any natural person or legal entity on the Site. The Terms must be accepted by every User wishing to continue to the Site. These Terms include the contract between the Site and the User. Access to the Site by the User signifies their acceptance of the current Terms.

The term “Client” indicated in these Terms concern any natural person or legal entity having access to the services of the Society and having a personal client account on the Site.

The term “Online Training Workshops” designates the grouping of Clients on the Site wishing to discuss topics in the psychological field with personal development goals designated in the agreed upon contract by the Client at the moment of their purchase on the Site.

The Site is open and free of charge to any User having access to the Internet. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their charge.

All bookable services on the Site will be designated by the title “Services”. The bookable Services are rights of access to the Online Training Workshops managed by the Editor.

The reservation of a Service by the Client constitutes the formation of a contract between the Editor and the Client. These Terms govern the contract formed between the Editor and the Client.

The reservation of a Service assumes acceptance by the Client of the entirety of these Terms, who thereby acknowledges to have fully understood them. The Client thus expressly accepts these Terms by checking the box preceding the acceptance text of these Terms. Checking this box will be considered to have the same value as a handwritten signature on behalf of the Client.

The Client is considered to have carefully read and accepted these Terms by making a reservation. The acceptance of these Terms assumes that the Client has legal capacity to enter into a contract. If the Client is a minor or does not possess this legal capacity, they declare to have the authorization of a legal guardian, of a conservator, or of their legal representative.

Article 1 - The subject of the contract

Unless otherwise agreed upon in writing, these Terms automatically apply to all Services provided by the Society.

The relationship between the User and the Society as well as between the Client and the Society will always be governed by the most recent Terms.

Article 2 - Use of the Site

Access to the Site

Any use of the Site or of the forms on the Site implies acceptance without any reservation or restriction of these Terms by the User. In the event of non-acceptance of these Terms stipulated in the current contract, the User must relinquish access to the services offered by the Site. The Society reserves the right to independently modify the content of these Terms at any moment and without notice.

Any User may create a personal client account on the Site. Users who do not possess a client account do not have access to the bookable services. To do this, they must register by filling out the applicable form. By agreeing to register for the bookable services, Users who create or possess a client account on the Site agree to provide honest and accurate information concerning their marital status and their contact information, including their email address.

The User is responsible for updating the information provided. It is understood by them that they may modify this information by logging in to their client account.

The User may also request to unsubscribe by going to the applicable page in their personal space or by sending an email to fixit@francoisxavierpradon-fixit.com. This will be processed and effective as soon as possible.

In the event of non-compliance of the Terms, the Society reserves the option to suspend or even to close the account of the User after formal notice sent by email has been ineffective.

Any deletion of an account, for whatever reason, results in outright deletion of all personal information of the User.

Any event due to a force majeure which results in a Site or server malfunction and subject to any interruption or modification in the event of maintenance, does not obligate the Site to be held responsible. In these events, the User thus agrees not to hold the Editor or the Society accountable for any interruption or suspension of services, even without notice.

Access to the Site

The User is responsible for updating the information provided. It is understood by them that they may modify this information by logging in to their client account.

In the event of non-compliance of the Terms, the Society reserves the option to suspend or even to close the account of the User after formal notice sent by email has been ineffective.

Any deletion of an account, for whatever reason, results in outright deletion of all personal information of the User.

Intellectual Property

The brands, logos, signs as well as all content on the Site (texts, images, sounds, courses and training material) are subject to protection by the Intellectual Property Code and more particularly by the author’s rights.

The FiX-it brand is a registered trademark by the Editor. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is completely prohibited.

The User must request prior authorization from the Editor for any reproduction, publication, or copy of the various content. They agree, subject to the authorization of the Editor, to use the content of the Site in a strictly private context, any use for misappropriated, commercial or advertising purposes is strictly prohibited.

Any complete or partial representation of this Site by any means, without the express authorization of the owner of the Site constitutes copyright infringement punishable by article L 335-2 and following of the Intellectual Property Code.

It is recalled in accordance with article L 122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes copyrighted content must cite the author and their source.

Responsibility

The data provided is published for general and information purposes without contractual value. Despite regular updates, the Site cannot be held responsible for modification of administrative and legal measures occurring after publication. Likewise, the Site cannot be held responsible for the use and the interpretation of the information contained on this Site.

The Site cannot be held responsible for any viruses that could infect the User’s computer or any technical equipment, following use, access, or downloads originating from this Site.

The Site cannot be held liable in the event of a force majeure or of an unforeseeable or unavoidable act by a third party.

Hyperlinks

Hyperlinks may be present on the Site. The User is informed that by clicking these links, they will leave the Site https://www.francoisxavierpradon-fixit.com. The latter has no control of the web pages to which these links lead and cannot, in any case, be held responsible for their content.

The User is informed that during their visits to the Site, one or more cookie(s) may be automatically installed to their browser software.

Cookies are small files temporarily stored on the hard drive of the User’s computer by your browser and are necessary to use the Site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and thus anonymous. Some cookies expire at the end of the User’s visit, others remain.

The information contained in the cookies is used to improve the Site, for example by:
• allowing a service to recognize the User’s device, so that they do not have to repeatedly provide the same information, for example in filling out a form or a survey.
• remembering that you the User have already provided your username and password, so that it does not have to be provided again for each new page.
• monitoring how the Users use the services, in order to simplify usage and allow enough power to ensure their responsiveness
• analyzing “anonymized” data to help understand how Users interact with different aspects of online services and therefore allow them to improve.

By browsing the Site, the User implicitly accepts them. Failing acceptance, the User is informed that access to some features or pages may be refused. The User may deactivate this cookie by configuring the parameters within their browser software.

Publication by the User

The Site allows Users to publish (commentary regarding services offered and/or of contributors…). In their publications, the User agrees to respect the rules of Netiquette (rules of Internet conduct) and the rules of law in effect.

The Site may exercise moderation on these publications and reserves the right to refuse their being put online, without having to justify it to the User.

The User retains the entirety of their intellectual property rights. But in posting a publication on the Site, they yield to the society editor the free and exclusive right to represent, reproduce, adapt, modify, circulate and distribute their publication, directly or through an authorized party, worldwide, by any means (digital or physical), for the duration of the intellectual property. The User expressly yields the right to use their publication via the Internet and via mobile networks.

The Society agrees to place the name of the User near each use of their publication.

Any content put online by the User is their sole responsibility. The User agrees to not put online any content that may cause harm to the interests of third parties. Any legal action brought on by an injured third party against the Site, the Editor, or the Society will be assumed by the User.

The content of the User may at any moment and for any reason be deleted or modified by the Site, without notice.

Applicable law and competent jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between parties, the French courts will have sole jurisdiction to hear these disputes.

For any question relating to the application of these Terms, you may contact the Editor at the contact information written in ARTICLE 2 – section Access to the Site.

Article 3 - Services

The mission of the Society to train by way of hosting Online Training Workshops and resulting in a best-endeavors obligation.

It is the responsibility of the Client to communicate any necessary information for the smooth running of the Services they subscribe to by this contract. The Client remains solely responsible for the accuracy of the information conveyed to the Society.

Booking services are made possible by a right of access to a video conferencing platform which will require the authorization/approval of the Society to attend the Online Training Workshops.

The Society reserves the right to terminate the contract if the Client fails to comply with the obligations which are incumbent on him specifically respecting the code of ethics. Any Client who does not comply with the code of ethics will be subject to termination of their account.

Article 4 - Price and payment of the price

4.1 – The cost applicable to a Service is defined herein as the “Price”. The Price due from the Client is determined or determinable according to the terms defined by the quote accepted online.

The Client may book Services on this Site and may pay by credit card or by any dematerialized payment method set in place by the Society. Payments by credit card are made through secure transactions provided by a private service provider for online payment platforms. This Site has no access to any data relating to the payment methods of the Client. Checks and bank transfers are not accepted. The availability of the Services is indicated on the Site and is accessible in the description of each Service.

4.2 – Booking is effective once the Client has paid for the Service.

Article 5 - Responsibility of the Society

5.1
In the event of doubt regarding the interpretation of a clause or in the absence of any details which could allow the extent of the responsibility of the Society to be determined, the Client recognizes that the responsibility of the Society are understood as the methods of responsibility as have been specified in ARTICLE 3 – Services, in this agreement.

5.2
The Site Editor or the Society cannot be held responsible for unavailability due to a technical connection, whether it be due for example to an event of force majeure, maintenance, an update, a Site modification, a service call for the host, an internal or external strike, network failure, an interruption of power, a malfunction of the computer platform or even improper use or configuration of a Client’s computer.

5.3
Likewise, the Site Editor or the Society cannot be held responsible for damage resulting from the use of Internet connection such as loss of data, intrusion, a virus, service disruption to the Site, or any other damage inherent to the Internet network.

The Site Editor, particularly regarding the process of online sales, can only be held to a best-endeavors obligation. The Site Editor cannot be held responsible for failure to comply with the concluded contract due to the occurrence of an event of force majeure.

The selection and the booking of a Service are placed under the sole responsibility of the Client. The User expressly accepts that they are using the Site at their own risk and under their exclusive responsibility.

In any event, the Society may in no way be held responsible for any direct or indirect damage, for example regarding the loss of profits, loss of revenues, loss of clientele, of data that could among other things result from the use of the Site, or on the contrary the inability of its use; of malfunction, unavailability of access, improper use, improper configuration of the Client’s computer, or even the use of a browser not often used by the User; of the content of advertisements and other links or external sources accessible by the User from the Site.

Under no circumstances may the Society be held responsible for compensation for indirect damage (moral or physical damage) that the Client may endure when the latter has agreed to a process of personal development of their own free will and conscience.

Article 6 - Confidentiality - non-solicitation - intellectual property rights

6.1
The Society and the Client agree to preserve and respect the confidentiality of information concerning the other party of any nature whatsoever, to which they may have had access during the execution of the Service ordered.

6.2
In the absence of express, prior and written stipulations from the Society, the Society retains the entirety of their intellectual property rights pertaining to the Services provided in the context of the concluded contract with the Client. All elements of this Site belong to the Editor or to an authorized third party representative, or are used by the Editor on the Site with the authorization of their owner. Any copies of content including but not limited to logos, textual, photographic or video content are strictly prohibited and should be considered counterfeit. Any User or Client found guilty of counterfeiting could be subject to having their account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reservation of possible subsequent legal action against them, at the initiative of the Editor of this Site or of his authorized representative. This Site uses elements (images, photography, content) for which credit goes to the Editor and the Society.

6.3
The brands and logos contained on the Site are registered by the Editor. Any person attempting to represent, reproduce, interconnect, distribute or redistribute incurs the Articles L. 713-2 et following for the Code of intellectual property.

Article 7 – Withdrawal

7.1
In accordance with Article L. 221-18 of the Consumer Code, the Client has a withdrawal period of fourteen (14) business days from the date the Service was reserved, with the exception of any Service of which the execution will have started before the end of the withdrawal period and with the agreement of the Client.

7.2
Customer service for this Site is accessible by email at the following address: fixit@francoisxavierpradon-fixit.com

Article 8 – Force majeure

Unforeseen circumstances or events of force majeure will result first in suspension of the obligations of the parties.

The parties will in good faith endeavor to take any steps reasonably possible to continue the execution of the contract in case of the occurrence of such an event. There will be no responsibility or obligation for any party to continue the execution of the contract if all reasonably possible steps have not been taken to allow its execution.

Article 9 – Applicable law – disputes

This contract and the Terms attached to it are under French law.

Any dispute resulting from the operations referred to herein will fall under the jurisdiction of the Court of the place where the Society is registered, which is expressly accepted by the Client.

In accordance with Article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to turn to a mediator specialized in consumer disputes for free to help solve a conflict with traders. The professional guarantees the consumer an effective access to a consumer mediation device“.

As such, the Society offers its Clients, in the context of disputes not resolved amicably, the mediation of a mediator specialized in consumer disputes whose contact information is as follows: Nathalie Arnaud Mediation – U.S. and Canada: 011 33 6 72 14 18 26 – Europe/U.K. 00 33 6 72 14 18 26 – https://www.nathalie-arnaud-mediation.fr.

It is to be recalled that mediation is not compulsory but only proposed in order to resolve disputes while avoiding judicial recourse.

Article 10 – Privacy policy

The Editor makes available to the Client, on their Site, a privacy policy which acts as a code of confidentiality, specifying all information pertaining to the use of personal data of Clients collected by the Editor and to the rights of the Client regarding this personal data. The data privacy policy is part of these Terms. Acceptance of these Terms therefore implies the acceptance of the data privacy policy.

Article 11 – Data protection act

In accordance with the data protection act of January 6, 1978, the Client has a permanent right to access, modify, rectify, and delete data concerning them, with the exception of the right of the Society to report, for advertising purposes, contracts binding it with the Client.

Article 12 – Independence of clauses

The fact of one clause or provision of these Terms being declared null or not applicable does not affect, in any case, the validity of the other clauses which remain fully valid and applicable.