General Terms and Conditions: Designate these General Conditions of Sale.
Client: Refers to any legal or natural person having purchased a Training Module from SELARL Dr Sébastien BENOIT.
SELARL Dr Sébastien BENOIT: Designates the company Dr Sébastien BENOIT, registered under number 908088289, whose head office is located at 8 Boulevard Saint Michel, 84000 Avignon.
Training Module: Refers to the training modules marketed by SELARL Sébastien BENOIT.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
Article 1: Purpose and Scope
1.1. The company SELARL Dr Sébastien BENOIT engages in the production and marketing of online training modules.
1.2. The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the granting of a non-exclusive and non-transferable right of use of one or more Online Training Modules on the Site. Any order implies unreserved acceptance by the Client and full acceptance of these General Terms and Conditions, which take precedence over any other document from the Client, particularly over all general conditions of purchase.
1.3. The Training Modules marketed by SELARL Dr Sébastien BENOIT fall within the framework of professional training as per the provisions of article L. 6313-1 of the Labor Code and are carried out according to a pre-established program. This program specifies the educational means, technical and supervisory resources implemented, as well as the processes for monitoring execution and assessing results.
1.4. SELARL Dr Sébastien BENOIT reserves the right to modify its General Terms and Conditions at any time. In this case, the version of the General Terms and Conditions applicable to the Client will be the one in force on the date the Training Module is ordered by the Client.
Article 2: Registration and Order
2.1. These General Terms and Conditions are applicable to any order for a Training Module placed by a Client with SELARL Dr Sébastien BENOIT.
2.2. The description of the Training Modules available appears on the Site. All orders are firm and final upon receipt. Ordering a Training Module on the Site requires the creation of a personal account by the Client on the Site.
Article 3: Monitoring of Training Modules
3.1. The right to use the Training Modules is nominative and non-transferable. The Client is formally prohibited from assigning, renting, or lending their right to use the Training Modules without the written consent of SELARL Dr Sébastien BENOIT. The Client undertakes to immediately inform SELARL Dr Sébastien BENOIT of any unauthorized use of their account. SELARL Dr Sébastien BENOIT cannot be held responsible for any loss or damage occurring due to failure to comply with these obligations.
3.2. The Training Modules are accessible on the Site, subject to technical hazards and applicable maintenance windows. There is no limitation on the duration of each connection, except for possible breakdowns or technical issues with the Internet network.
3.3. SELARL Dr Sébastien BENOIT cannot guarantee permanent accessibility to the Site and/or the Training Modules and cannot be held responsible for possible slowdowns or unavailability. Access to the Site and/or the Training Modules is provided within the framework of an obligation of means.
3.4. The Client must ensure, beforehand and throughout the use of the Site, the permanent compatibility of their technical environment with the Site used by SELARL Dr Sébastien BENOIT. They cannot subsequently claim incompatibility or lack of access to the module(s).
3.5. Access to the Training Modules is managed by the Site and is done using the identifiers and passwords chosen by the Client. The username and password are confidential, personal, non-transferable, and non-transferrable. The Client is responsible for managing and storing usernames and passwords. Consequently, it is up to the Client to implement all necessary precautions for their protection and conservation.
3.6. SELARL Dr Sébastien BENOIT reserves the right at any time to modify, add, or remove Training Modules without having to justify the cause and without the Client being able to claim any right to compensation.
Article 4: Price and Payment Terms
4.1. The price of the Training Modules is exclusive of taxes and is that in force on the Site on the day of the order. For Online Training Modules, no delivery charges apply.
4.2. The Client can pay for their Training Module order via the payment providers STRIPE or PayPal. Payment is due immediately upon placing the order.
4.3. The bank cards accepted are those of the Carte Bleue, Visa, and Eurocard/MasterCard networks.
Article 5: Billing
An invoice will be drawn up and provided to the Client by SELARL Dr Sébastien BENOIT as follows:
At the end of payment for the Training Module for any registered Client.
The price of the service will be expressed in Dollars.
Article 6: Liability
6.1. Non-compliance by the Client with the General Terms and Conditions results in the automatic termination of their account, without prejudice to any rights or requests from SELARL Dr Sébastien BENOIT, particularly damages.
6.2. The liability of SELARL Dr Sébastien BENOIT can only be incurred in the event of proven fault or negligence, and is limited to direct damage suffered by the Client, excluding any indirect damage, of any nature whatsoever, such as, in particular, any loss of opportunity, goodwill, results, operations, commercial damage, or loss of data and/or files.
6.3. In any event, in the event that SELARL Dr Sébastien BENOIT is held responsible, the total amount of any sum charged to SELARL Dr Sébastien BENOIT may not exceed the total amount of the price paid by the Client for the Training Module concerned.
Article 7: Intellectual Property – Copyright
7.1. In order to enable monitoring of the Training Module, in return for payment of the price, SELARL Dr Sébastien BENOIT grants the Client or the End User designated by the Client a non-exclusive, personal, and non-transferable right of use on the Training Module order.
7.2. No reproduction rights are granted to the Client or the End User under these General Terms and Conditions. However, under the private copy exception, the Client or End User may retain for their own private use the documents presented by the Training Module speaker. Under no circumstances may these documents be reproduced or exploited in any way for commercial or professional purposes by the Client, the End User, or any third party.
7.3. All intellectual property rights relating to the Site, the Training Modules, and, in particular, all copyrights, trademarks, designs and models, databases, or software of SELARL Dr Sébastien BENOIT and the rights of reproduction, representation, and adaptation which arise from them, belong to and remain the property of LEARNYLIB, without any of the stipulations of the General Conditions of Sale being interpreted as assigning or transferring any right of ownership to the Client or End User.
7.4. Consequently, the Client is prohibited from using, copying, transmitting, and generally exploiting all or part of the Site and/or the Training Modules, without the prior written consent of an authorized manager at SELARL Dr Sébastien BENOIT.
Article 8: Data Confidentiality
Customers' personal data is processed in compliance with the Personal Data Protection Policy applicable to SELARL Dr Sébastien BENOIT.
Article 9: General Provisions
9.1. If any of the provisions of these General Conditions of Sale were canceled, this nullity would not result in the nullity of the other provisions of these General Conditions of Sale, which will remain in force between SELARL Dr Sébastien BENOIT and the Client.
9.2. The fact that SELARL Dr Sébastien BENOIT does not avail itself at a given time of any clause of these General Conditions of Sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of said conditions.