GENERAL CONDITIONS OF SALE
Subscription to nicolasanelkatraining.com website (the " Website ")
1. THE PRESENT GENERAL CONDITIONS OF SALE APPLY:
1.1. When subscribing to digital products available on the member area of the nicolasanelkatraining.com website, regardless of the format (video, text, PDF, etc.).
1.2. Edited by the company Ultron LLC (referred to as " The Publisher "), based in the United States of America and having the property of nicolasanelkatraining.com website (the “Website ").
2. IN THIS DOCUMENT, WE MEAN BY:
2.1. Subscriber: any natural or legal person having subscribed under these General Conditions,
2.2. Subscription: any order relating to the offers and services published on the Site.
2.3. Purchase Order: registration form, order form, subscription form, commercial offer support in electronic format allowing the subscription of a Subscription.
2.4. Offers: digital offers of the Publisher whose title and characteristics (frequency, size ...) are indicated in the Order.
2.5. Services: Services partners to Offers
2.6. Website: Website (www.nicolasanelkatraining.com) edited by Editor on which the subscriber can access the digital offers and / or the Services.
Any subscription to one of the Publisher's Offers and / or Services automatically entails acknowledgment and acceptance of these General Conditions of Sale (and if applicable specific conditions applicable to each Offer or Service) which prevail on any document emanating from the Subscriber, whatever its nature and time of issue, unless expressly agreed upon by mutual agreement with the Publisher.
The contractual documents constituting the Subscription contracts are in order of priority:
- purchase order
- these general conditions - where they exist, the specific conditions applicable to each Offer or Service. In case of contradiction between the different documents, the higher-ranking document will prevail. It is specified that the General Conditions may be modified unilaterally by the Publisher.
The Publisher reserves the right to change the General Conditions of Sale, from time to time, without prior notice and the Subscriber is invited to refer regularly to the texts of the General Conditions of Sale in order to stay informed of the latest General Conditions of Sale up to date.
4. ACCESS OR DELIVERY CONDITIONS
The Offers or Services are provided in the formats and media specified when ordering.
4.1. Subscription to a support (offers and / or services) online
a) Registration procedures: the creation of an online account
Access and consultation of the Offer and / or of a Subscription Service in electronic format requires the Subscriber to create an account on the Website, a unique and personal account for the Subscriber.
The Subscriber undertakes to provide truthful, exact, up-to-date and complete information on his identity, his function, the identity of his company as well as any information requested in the Purchase Order.
He undertakes to update his information on his account as soon as necessary. In the event that the Subscriber provides false, inaccurate, outdated or incomplete registration data, the Publisher will be entitled to suspend or terminate his Subscriber account without notice and to immediately deny him access for the future to all or part of the Offers and / or the Service, without having to reimburse the sums paid.
The Subscriber is solely responsible for the use which could be made of his account, and sole guarantor of the confidentiality of his access data. He undertakes to inform the Publisher immediately of any unauthorized use of his account, and / or of any breach of the confidentiality and security of his means of identification.
The Publisher can in no way be held responsible for any loss or damage resulting from any breach of the obligations set out in this article. The Subscriber makes his personal business of setting up IT and telecommunications means allowing access to the Site.
The Subscriber shall bear the telecommunications costs when accessing the Internet and using the Site and the Services to which he has subscribed.
b) Access to Offers and / or Services
After creation and validation of his account, the Publisher will communicate to the Subscriber by email his strictly personal and confidential access data (composed of a unique identifier associated with an access code) allowing him to authenticate himself at the time of the connection to the Website.
To access the electronic edition of an Offer or a Service, the Subscriber must connect to the Website and indicate their access data.
The contents in Subscriber access are accessible according to the modalities specified in the Order form in the formats, on the available supports and during the period of time which is specified there during the subscription of his Subscription.
5. ENTRY INTO FORCE AND DURATION OF SUBSCRIPTION
5.1 The Subscription starts as from the recording by the Editor of the order and the effective payment of the sum indicated on the Purchase Order. The Subscription is subscribed for the initial term specified on the Purchase Order (electronic) or at the time of subscription. The subscription will be tacitly renewed at the expiration of the initial term, unless the Subscriber has taken care to terminate the subscription before the expiration of the initial term.
5.2. Right of withdrawal: The Subscriber has no right of withdrawal. Given the digital nature of Offers and Services, the subscriber will not be entitled to any refund of amounts paid to subscribe to Offers and Services published on the Website.
5. 3. In the event of a termination of the Website, and / or the Offers and Services published on the Website, Subscribers will not be entitled to reimbursement of the amounts paid.
5. 4. Termination by the Publisher:
In the event of: a) failure to pay an invoice; b) violation by the Subscriber of the of the rights granted to him in application of his Subscription; c) attempted intrusion, breach of software integrity or counterfeiting of websites and Services by the Subscriber;
The Publisher may in its sole discretion:
Suspend access to the Services and Offers, without prior notification to the Subscriber, and / or - pronounce the termination of the Subscription, as of right immediately.
In all cases above, all amounts remaining are due by the Subscriber and shall be immediately claimed without prejudice to the damages that may be due to The Publisher.
6. INTELLECTUAL PROPERTY
The Publisher is the sole owner of the contents (texts, images, trademarks ...) of its Offers and Services and all operating rights thereto. The Subscriber is only authorized to view, read, on his member area , for his only personal use, the contents which he accesses within the framework of his Subscription.
The Subscriber expressly prohibits:
- any total or partial reproduction, distribution or any offers (including online, by e-mail, networking, RSS ...), free or paid content which it has access, Brands, trademarks, belonging to the Publisher, the titles of the Offers , Services, and more generally to infringe the intellectual property rights held by the Publisher or by third parties on the Offers and / or the Services as well as on all of the data accessible via the Offers The Publisher, except express commercial partnership between the Publisher and two or more parties defining the modalities of distribution;
- to use the titles of the Offers, the names / brands of the Services or the name of the Publisher in its advertising and commercial documents, unless the Publisher has given prior written consent;
- any sharing, even free of charge, of the Subscriber access from which it benefits and prohibits any transmission of its access codes to any unauthorized third party,
- to reconstitute or attempt to reconstitute the IT solution or the database used within the framework of the Service for its own account or with the aim of offering directly or indirectly, free of charge or for a fee, the same service or a comparable service, to third parties and / or distribute or sell, in any manner whatsoever, any element obtained through the Service for the purpose of helping a person to reconstruct, in whole or in part, an equivalent service;
The Subscriber also undertakes to comply with the legal and regulatory provisions in force and in particular not to use the discussion forums, comment zones , social media or other discussion platforms offered by the Publisher to create, write or commit, transmit or communicate any illicit message, information or content, including outrageous, offensive, defamatory, abusive, violent, obscene or pornographic or including a provocation to discrimination or hatred based on race, religion, sex or other, a provocation to crimes and misdemeanors or an apology for a crime or one likely to alter the functioning of computer systems, in any way whatsoever. Likewise, the Subscriber undertakes to respect the rights of third parties, in particular the right of everyone to the respect of private life, and all intellectual property rights (copyright, neighboring rights, rights in databases data, trademark law, patent law, designs or models, trade secrets ...). The Subscriber finally agrees not to broadcast via the publication of unsolicited messages of an advertising, promotional, mail chain or other type, and to seek express and prior authorization from the Publisher for the implementation of any deep link on or with any content from its Offers.
7. FINANCIAL CONDITIONS
Subscription is made:
- online on the Publisher's Website by entering the personal data and payment information requested and after validation by the Subscriber of his data. There is no acknowledgment of receipt of orders, delivery of orders taking the place of confirmation. Non-compliant or incomplete orders cannot be fulfilled.
7.2 Billing and payment
a) Subscription prices are indicated in euros including taxes. Any change in VAT will be automatically reflected in the price of the current subscription, with the exception of subscriptions paid in full to the Publisher before the change in VAT. After validation of his order by the Subscriber, the Publisher establishes and sends to the latter a confirmation and the invoice for his Subscription.
b) Means of payment
The subscriber chooses the method of payment of the Order: by PayPal sent to the PayPal account of the Publisher or by credit card by entering the card details and the expiration date of his credit card. Data is encrypted during transmission according to the SSL (Secure Socket Layer) protocol which guarantees the safe flow of this information. The pages in which the Subscriber is invited to give the number of his card are simply hosted by the Publisher who cannot be held liable in the event of misappropriation of the information entered online by the Subscriber. Once the online payment is effective and validated by the bank, the Subscriber will receive a confirmation by email with all the data recorded concerning his order.
Whatever the type of Subscription paid, only the Subscriber is responsible for paying by credit card for the service offered. The Publisher is not responsible for payment problems linked to the malfunction of the electronic commerce service.
8. LIMITATION OF LIABILITY
The responsibility of the Publisher can in no case be engaged. The Publisher reserves, for maintenance reasons, the right to suspend temporarily and without notice all or part of the access to the digital version of its Offers and / or Services without downtime resulting to a right of any compensation for the benefit of the Subscriber. Furthermore, given the nature of the Internet, the Subscriber acknowledges and agrees that the Publisher cannot be held liable for any interruption or alteration of access to the digital version of its Offers and / or Services, which could result from the network itself, from the means of connection used by the Subscriber, or from any other cause external to the Publisher. It is specified that all hardware and software necessary to access and consult the Offers and / or Services are exclusively the responsibility of the Subscriber.
9. PERSONAL DATA
In accordance with the amended Data Protection Act of 6 January 1978, Subscribers have the right to access, rectify and withdraw any personal data that they have brought to the attention of the Publisher. Subscribers can exercise their rights by sending an email to the following address: firstname.lastname@example.org
In accordance with the law for Confidence in the Digital Economy of June 21, 2004, the personal data of Subscribers may be used by the Publisher for commercial prospecting purposes. These data may be transmitted to third parties.
Subscribers may at any time object to such use of their personal data , by sending an email to the following address : email@example.com
The Subscriber cannot assign all or part of the rights and obligations resulting from these presents to a third party, without the express prior authorization of the Publisher.
11. COMPETENT JURISDICTION AND APPLICABLE LAW
The General Conditions of Sale are governed by the law of the United States of America. IN CASE OF LITIGATION, EXPRESS JURISDICTION IS GIVEN TO THE COMPETENT COURT OF USA.
By using this site, you signify your acceptance of these General Conditions of Sale. If you do not accept these General Conditions of Sale, please do not use our site. Your continued use of the site after the publication of modifications to these General Conditions of Sale will be considered as your acceptance of these modifications.
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