Terms & Conditions & Privacy Policy

LEGAL NOTICE

ARTICLE I. ABOUT THE PUBLISHER

Who is behind the editing of the website?

The publisher of the website is:  

MyKadem LLC
EIN: 30-1315723
7901 4th St N STE 300
St. Petersburg, FL 33702
USA

Registered under number L22000225948

You can contact the editor of the website by telephone, at: 0756915290 and by email, at the address: contact[a]myklub.online

SECTION II. ABOUT THE PUBLICATION DIRECTOR

How do I find out who the editor is?

The MyKlub – myklub.online website is managed and operated by:

MyKadem LLC
EIN: 30-1315723
7901 4th St N STE 300
St. Petersburg, FL 33702
USA

Registered under number L22000225948

You can contact the director of publication of the website by telephone, at: 0756915290 and by email, at contact[a]myklub.online

SECTION III. ABOUT THE HOST

Who can be the hosting site?

This website is hosted by: Hostinger International Ltd, a Cyprus Private Limited Company, whose address is 61 Lordou Vironos str. 6023 Larnaca, Cyprus

SECTION IV. OUR INTELLECTUAL PROPERTY RIGHTS

Are the sounds, images and videos on the site free of rights?

• The elements present on this website are provided by the platform. They remain its intellectual property. All reproduction, modification and distribution rights are reserved. 

• The reproduction, partial or total, of the works on the website cannot be carried out without the express agreement of the platform.

• Users undertake not to use, transmit or reproduce all or part of these documents with a view to organizing or facilitating services related to those provided by the platform. No act of parasitism and unfair competition will be tolerated. It is strictly forbidden for users to donate or resell written, oral or video materials delivered by the platform, under penalty of legal action.

ARTICLE V. PERSONAL DATA

What is personal data?

Personal data is an element of identification of a natural person (surname, first name, email address, postal address, etc.).

What do we do with this data?

• The data processed online by the company Mykadem LLC concerns the personal information of users, after obtaining their consent. No personal data is sold, transferred or communicated to third parties.

• They are kept by the platform for a period of 3 years, for professional prospecting purposes.

• In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the right to access, modify, rectify and delete data that concerns you. . If you wish to exercise these rights, you can contact the person responsible, by email, at: rgpd[a]myklub.online

• To request a modification, rectification or deletion of data concerning you, simply send the platform a letter by electronic or postal means, justifying your identity.

And if ever you are not satisfied with the processing of your data...

If you believe that the website does not respect your rights in terms of personal data protection, you can also appeal to the Commission Nationale Informatique et Liberté (CNIL), after a prior attempt at amicable resolution of disputes.

Please consult the privacy policy provided on this subject.

SECTION VI. OUR COOKIES POLICY

What is a "cookie"?

A cookie is a small file made up of letters and numbers and downloaded to your computer when you access certain websites. In general, cookies allow a website to recognize the user's computer. The most important thing to know about the cookies we place is that they serve to improve the usability of our website, for example by remembering site preferences and language settings.

What do we do with these cookies?

We may use cookies and other similar technologies for a number of reasons, for example: (i) for security or fraud protection purposes, and to identify and prevent cyber-attacks, (ii) to provide you with the service you have elected to receive from us, iii) to monitor and analyze the performance, operation and effectiveness of our service and iv) to improve your user experience.

The cookies used are mentioned in the privacy policy.

To find out more about cookies, including how to see what cookies have been set and to understand how to manage, delete or block them, visit https://aboutcookies.org/ or https://www.allaboutcookies.org/fr/.

What if you don't want to accept certain cookies?

It is possible to prevent your browser from accepting cookies by modifying the relevant settings in your browser. You can usually find these settings in your browser's "Options" or "Preferences" menu.

Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise negatively affect your user experience.

You can use the "Help" option of your browser.

To refuse and prevent your data from being used by Google Analytics on all websites, see the following instructions: https://tools.google.com/dlpage/gaoptout?hl=fr.

Attention, we can modify our cookies policy later…

We may change this cookie policy. We encourage you to check this page regularly for the latest information on cookies.

The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.

Date of last update: April 11, 2023

Terms

1. Terms and definitions to remember

Parties: The Company and the Client within the framework of their contractual relationship attached to the provision of the “Solution” or online content.

Company : This is the following legal entity: 

• DENOMINATION : Mykadem LLC

• THE HEAD OFFICE : 7901 4th St N STE 300 St. Petersburg, FL 33702 USA

• LEGAL STATUS : Limited Liability Company

• EIN : 30-1315723

• E-MAIL: contact[a]myklub.online

Solution : This is a technological application for creating, hosting and selling online training; designed and developed in SaaS mode (“Application Solution”).

Customer : This is any person, natural or legal, professional, project leader or individual, who validates these general conditions of use and sale with the Company in order to access the “Solution” from their member area.

User : The user is any person, natural or legal, professional, project leader or individual, who signs a contract with the Client in order to access the content hosted through the “Solution”.

Affiliated : This is the Client who receives a commission for any successful recommendation of the “Solution”, through a tracked link.

Customer by recommendation: Any Customer who subscribes to a Subscription or a Formula, from a tracked link, following the recommendation of an Affiliate.

Formula : The formulas are understood as being the Subscription offers proposed by the Company, which are accessible to the Customer.

Subscription : The subscription is a formula subscription, in annual or monthly form, in the terms provided on the sales page. It is without commitment when it is monthly, and with commitment when it is annual. 

Order : The order is the fact of confirming its intention to purchase by an online payment, having consented and validated, beforehand, the present general conditions. 

2. The scope of our respective commitments

2.1 Scope 

These general conditions of sale and use govern the relationship between the Customer and the Company in the context of the use of the "Solution".

These general conditions of sale and use prevail over any general conditions of purchase proposed by the customer. 

The general conditions of sale are brought to evolve and be modified regularly. Any modification of the general conditions of sale applies automatically, and the prices or provisions in force are those which are applicable on the day of the request.

By becoming a Customer of the Company, you acknowledge respecting and accepting without reservation the present legal conditions of the Company. 

Customers are expressly reminded that these general conditions of sale and use do not cover the contractual links they have with the Learners in training. The Customer acknowledges having been informed of his legal compliance duties, and having his own general conditions of sale, his own confidentiality policy and his own legal notices.

These legal provisions cannot be interpreted as indicating that the Company is obliged to achieve results, with the “Solution”. The Company is solely and strictly bound by an obligation of means, within the framework of its services and its contractual operations.

2.2 Capacity

To be able to access the free and paid services of the Company, you must have full legal capacity: 

• Be a natural person or represent a legal person, of legal age (over eighteen) at the time of signing the contract and not be totally or partially incapacitated to contract with the Company.

• The Customer or User certifies, by the presence, to have adequate electronic equipment to use the services of the Company, namely: a computer, a mouse, a camera, a microphone, headphones, a broadband internet connection, a powerful application such as Google Chrome, an active bank card.

• To modify or update its member area or sensitive data, the Online Company may need to request confirmation of identity, in the most appropriate form.

• If a breach of the elements of capacity or concerning the prerequisites is observed, the Client or User will have access withdrawn during the regularization period. It is therefore essential that everyone carefully fills in the fields concerning their personal data.

2.3 Parties

Any subscription to a formula or a professional offer with the Company entails the conclusion of an intuitu personae commitment. This is a key provision, providing the following:

• The Customer is prohibited from assigning or transferring his contractual commitment, in any way, in any capacity and to any person whatsoever.

• It is prohibited to assign or transfer this contract in the form of assignment of goodwill, change of control, rental management of goodwill or transfer of securities or contribution to the company of the company, even operated by one of the Parties.

• It is prohibited to assign or transfer this contract, in the event of a change of corporate control, and in the cases provided for in article L233-3 of the Commercial Code.

Any modification relating to this clause must be the subject of an express agreement, concluded in advance and in writing, by the other party to the contract. 

Any violation of this clause may result in the immediate termination, by operation of law, without delay and without prior notice, of this contractual commitment, at the exclusive fault of the party at the origin of the violation of this clause.

The Client is deemed to be acting for all its subcontractors, employees, agents, agents and Learners who may use or have access to the “Solution”, within the framework of this contractual commitment.

2.4 Independence of clauses

All the clauses of this contractual commitment are independent of each other.

If one of the clauses is partially or totally null, this will not result in the nullity of the other clauses. The other clauses will continue to produce their full effect. 

Example: In the event that Article I becomes partially invalid, following a change in law or case law, the provisions within it will become inapplicable. However, Articles II to XII will remain valid and will continue to produce their effects between the parties.

2.5 Independence of the parties

The parties agree to maintain their independence, and recognize that these general conditions of use and sale do not constitute an employment contract, or associates' pact, or shareholders' pact. 

This commitment does not in any way constitute merger, split or creation of a new form of company. 

The Parties do not acquire any titles, shares or shares in their respective companies and enterprises, on the basis of this contractual commitment, except in the event of specific provisions to the contrary between the Parties.

2.6 Applicable law

The applicable law for the purposes of these legal conditions is American law. 

In the event of a purchase or sale with an international dimension, therefore integrating a foreign element in the person of the co-contractor, the provisions of American law will remain applicable.

2.6 Language

These general conditions of sale and use are only available in French and English, for consultation and interpretation. The “Solution” can only be consulted in French, by customers and users.

2.7 Faithful copy

The Customer may ask the Company for a dated, printed or digital copy of the general conditions of use and sale subscribed to on the date of the “Order”.

The archives are kept by the Company and provided on request, to the following email address: contact[a]myklub.online

3. The conditions relating to your subscription

3.1 Commercial offers

The “Solution” is a software intended for trainers, coaches, online consultants and other intellectual service providers. It allows the Customer to:

• Ability to create online training and coaching programs

• Be able to sell training and coaching programs online

• Be able to manage the administrative part related to the sale of online programs (invoices, coaching report, etc.)

3.2 Subscription

The online Subscription can be the subject of a subscription, by the Customer according to different Formulas. 

The Formulas give different, limited or more complete access, depending on the Customer's preferences and profile. 

The link of the different Subscription Plans can be found here:

• Monthly formula: Ninety-nine (99) euros excluding taxes per month

• Annual plan: Nine hundred and forty-eight (948) euros excluding taxes per year. Payment is made in one go, at the start of the commitment date.

3.3 Duration of commitment

The Subscription, under Formula, allows access to offers without commitment in duration or in time, monthly, or annual to the “Solution”.

It is specified to the Client that any semi-annual or annual commitment to the “Solution” is firm and final, once the trial period has expired. The Subscription cannot be terminated or canceled during the commitment period.

The Subscription is renewable by tacit agreement, depending on the Plan chosen.

3.4 Access

The act of Subscription entitles the Client to the possibility of giving online access to “Users” who wish to benefit from its educational content and training materials.

After the final validation of the order, the Customer benefits from access to the spaces provided for by the formula subscribed, within forty-eight hours.

The delivery takes place electronically, to the email address communicated to the Customer on the date of purchase of the training through the Online Company.

3.5 Suspension of Subscription 

The Company reserves the right to modify the conditions of access to the “Solution” and Subscription, in certain cases:

• The suspension may be pronounced in the event of non-payment on the part of the Customer

• The suspension may be pronounced in the event of non-payment by the User, with the Customer.

Beyond the suspension period, and without regularization on the part of the debtor, the Company reserves the right to proceed with the revocation of the account, within thirty days from the written notification by its recovery department, without penalties. or sanctions applicable to the parties.

Thus, the User or Customer will lose all the advantages linked to his account, and his access will be completely deleted.

For any complaint on this subject, you can send an email here: contact[a]myklub.online

3.6 Cancellation of Subscription 

The Company may decide to revoke the User's or Customer's Subscription, within thirty working days, after effective suspension, as soon as it observes one or more serious behaviors, or facts likely to threaten the survival of the good contractual relationship, or after one month of suspension without regularization. 

The Company reserves the right to refuse any new collaboration or new contractual relationship with the former Client revoked after suspension or revoked immediately.

This clause is applicable, by way of example, when the Customer fails to pay his invoices when due, on several occasions, without valid reasons or violates these legal conditions.

4. Discover our pricing policy

4.1 Price and payment

Prices are indicated in euros, excluding taxes (indicated “HT”), by reverse charge for customers based in the European Union.

When selecting the Plan or Subscription of their choice, the total displayed will be indicated in price excluding taxes.

The Client is informed that the subscription prices differ depending on the Formula selected, but also on the evolution of the Company's pricing policy, at its discretion, and for the future.

The Customer can pay by credit card only, with automatic bank debit. The banking tool used is Stripe.

No deposit or discount is granted in the event of early payment.

4.2 Customer's order to the Company

• The Client selects the Subscription Plan that corresponds to his needs, from the Company's website.

• The Client inserts the elements of the Formula in the validation window.

• The Customer verifies that all the elements in the validation window are faithful to his request.

• The Customer acknowledges the general conditions of use and sale, as well as the confidentiality policy.

• The Customer validates the elements in the validation window and thus places “Order”. By continuing, the Customer acknowledges having read and submitting to the general conditions of use and sale in force.

• To validate his “Order”, the Customer accurately fills in the necessary personal data, as well as his bank details, after having chosen the method of payment he wishes.

• The last click concludes the firm and definitive commitment to subscribe to the Formula, and signs the electronic contractual commitment of the two Parties.

• Within forty-eight hours, at the latest, the Customer will receive his connection and access links to the Formula, depending on his Subscription.

4.3 User's order to the Customer

• To access the Company's services, it is necessary to communicate information and data that will allow identification. The personal data communicated must be up to date and be modified in the event of a change.

• Each User has a personal connection space. It is specified that the User will not have a member account, but will have limited access to the training courses from which he benefits, and to the Customer's catalogue.

• To connect, you must register a password online. It is forbidden to communicate the password, it is strictly personal. In the event of fraudulent use of your password, it is essential to notify the Company as soon as possible. In these cases, the Company will not be held responsible.

• Customers offer an online catalog of products that appears on their public presentation interfaces, online.  

• The products sold are obligatorily labeled, and are the subject of a clear and precise description. The Customer engages his professional liability if he supplies products that do not conform to the description made.

• The products marketed by the Customer must be in full ownership. 

• The prices concerning the products must be expressed including VAT and excluding VAT, to comply with the legal obligation of information incumbent on the Customer vis-à-vis the buyer.

• If there is an unavailability of the digital products marketed after an order, the buyer must be informed as soon as possible by the customer, who must proceed to its full refund.

4.3 Unpaid 

7.4 Late Payment and Termination for Non-payment

1. Failed Payment Notifications: If Myklub is unable to process payment of any fees due using the authorized payment method, we will send you an email notification to your primary email address on file. You will be responsible for updating your payment information directly from your member area.

2. Consequences of a Failed Payment: After a first failed payment attempt, Myklub will try to process the payment again after a period of seven (7) days. If this second attempt also fails, your account will be considered in default.

3. Termination for Non-payment: After two (2) failed payment attempts, Myklub reserves the right to immediately suspend or terminate your access to the platform and all associated services. You will be informed of this action by email. To reactivate your account, you will need to pay all amounts due and provide a valid payment method.

4. Retention of Data after Termination: Following termination for non-payment, your member area data will be retained for a period of thirty (30) days before being deleted from our databases. After this period, it will no longer be possible to recover this data.

5. Responsibility: Myklub will not be liable for any loss or damage resulting from the suspension or termination of your account due to late payment.

5. We tell you about our content and our guarantees

5.1 Free content 

The Company offers several free contents in order to discover the “Solution”.

• Online masterclasses or workshops

• Free guides

• A newsletter

• Demonstration videos

The various free contents are accessible for a fixed period, only under the conditions set and determined by the Company.

5.2 14 day trial period

To discover the functionalities of the “Solution”, it is possible to access it free of charge for 14 days. This possibility is a commercial guarantee offered by the Company.

It applies to all new profiles, and cannot be used more than once by the same Customer. The 14 days also include the mandatory 14-day withdrawal period, if the Customer benefited from it, within the meaning of the Hamon Law.

• To benefit from it, the Customer must choose the Monthly Subscription Plan, without commitment.

• Then, he must register his bank card, and continue the procedure specified in article 3 of these general conditions of use and sale.

• No charges to the bank card on file will take place until the 14 day trial period has expired.

If the Customer benefiting from a trial period wishes to unsubscribe before the bank debit, he must delete his account no later than 14 days after his online subscription. Beyond that, a first monthly payment will be debited on the 15th day, and cannot be refunded.

5.3 Paid Content

To find out about the Company's subscription offers, the Customer can consult the following web page: https://myklub.online/tarifs/ 

5.4 Legal guarantees (from the Client to the User)

As far as buyers are concerned, they become aware of the identity of the Customer thanks to its descriptive sheet, and its personalized online space, in which the legal notices and general conditions of sale appear legibly.

The particulars imposed by the Company on the Client are as follows:

• The description of the products (catalog)

• The identity of the customer

• Payment terms

• Ordering methods

• Product and stock availability

• The amount of tax

• Delivery time, terms

• The availability of products

• Terms of withdrawal, cancellation, postponement

• Dispute resolution and mediation

• Origin of products sold

All products sold on the Company are guaranteed for 6 months, and can be replaced if they meet the general conditions of sale applied by the customer.

5.5 Legal guarantees (from the Company to the Client)

All products marketed are deemed to be compliant and without hidden defects. Within the meaning of articles L 217-4 and following of the Consumer Code, 1641 and following of the Civil Code, each product sold must comply with its description, and be free from any hidden defects.

The Customer has thirty months to assert his rights concerning a problem of conformity of the delivered product. 

To enforce the legal guarantee of conformity or hidden defects, it is necessary to prove that:

• The product cannot be used normally, like a similar product 

• It does not correspond to the description given by the customer, even if it works perfectly

• The alleged qualities of the product are non-existent 

• There is a manufacturing defect, imperfection, poor assembly

• There is a bad installation, rendering the product unusable

This warranty does not apply in cases where:

• The sales contract has been concluded with a Professional Customer

• The request takes place 30 months after the purchase or order on the website

• The defect or problem was already known at the time of purchase

• The famous defect could not be ignored on the date of purchase

• The fault is caused by the user's misuse, for example

The Company will inform the Customer in the event of an update, including those of security, and will indicate to the Customer the duration of the latter, free of charge, in a legible and understandable manner on a durable medium accompanying the sale.

The Customer will also be informed of the impact of updates and modifications to the software on the available storage space and the availability of RAM, throughout the duration of the legal guarantee of conformity.

5.6 Changes to offers 

The Customer, by accepting these legal conditions, is deemed to have accepted the fact that the offers offered may be modified, adapted and refined in the future.

For any modification of the conditions applicable to the offers, the Customer of the Company will be notified two months before the new conditions of application and use of the Company take effect, if this were to impact their contract.

In cases where the Customer refuses to have the new conditions applied to him, he will be asked to terminate the contract, within four weeks. Beyond that, he acknowledges accepting that the new conditions will apply to all customers, including him.

5.7 Hosting of content

The "Solution" hosts the Client's content, so that it can market its products and training from its dedicated space. Hosted content must be:

• Written texts, audios, videos, images (PNG or JPG) or PDFs

• Under the entire intellectual property of the Client

• Compliant with current regulations

• Respectful of the rules of good morals, and who do not disturb public order

The Company reserves the right to carry out checks on the content published by the client, on its dedicated space.

If the Company finds breaches of the legal conditions of use of the Company, the disputed content will be deleted without delay, without any appeal being accepted by the Company.

5.8 Provision of resources and tools 

The Company provides the Customer with the various elements, through the “Solution”:

• User Login Records

• Online assessments 

• Online correction service

• Online rating service

• Online training and coaching program construction service

• Online sales service (with the Stripe tool)

• Generation of standard invoicing documents, customer satisfaction questionnaire

• Training and coaching space (modify and access the dashboard)

• Management of member account, password, profile

• Online questionnaires

• Any other space provided for the Client by the Company, at its discretion

In the event of a problem, you can contact the Company's support service.

To find out if your Subscription offer includes all the features and resources, please turn to the dedicated page on the website.

6. Terms of use of the website

6.1 User Account

It is reminded, for all intents and purposes, that the User is the Learner (professional or non-professional) who has access to the Client's content hosted by the “Solution”.

The User finds in his user space these different functionalities:

• Summary of current orders

• Order history

• Basket

• Subscribed training

• Invoices

Access to the “Solution” is only possible from a single User account per registered individual. Any duplicate account may be deleted.

The User can delete his user account by clicking on the button provided for this purpose. It is recalled that this action is final. Any new request for use of the User account must be the subject of a new registration.

For the proper functioning of the online training website, certain personal data must be collected by the Company and by the Client. 

The purpose of this data collection is to:

• Purchasing products or booking services online

• Identify the User

• Improve the online training system and secure the interests of customers

• Create a member area, maintain it and modify it

• Propose suitable offers

• Moderate comments, discuss with respect

Personal data is kept by the Company and the Client, for commercial and prospecting purposes, for a maximum period of three years, from the end of the collaboration or commercial relationship, except for specific specific provisions. 

Personal data is processed and hosted outside the European Union, in accordance with the privacy policy.

Acceptance of these general conditions of sale and use implies acceptance of our personal data processing policy, and authorization to transmit them to subcontractors, service providers, in compliance with the data collection policy. data.

Please consult the privacy policy for this purpose.

6.2 Customer Account

The Customer finds these different functionalities in his member space:

• Catalog of products and training marketed

• Billing settings

• Sales history

• Sales awaiting validation

• Access to the training catalog

• Administrative management

• Connection and identification parameters

• Billing settings

• Any other functionality made necessary for the proper performance of the contractual mission, at the discretion of the Company

Access to the Company is only possible from a single Customer space per registered individual. 

Any duplicate account may be deleted, without any refund.

The Customer can delete his sales space by clicking on the button provided for this purpose. It is recalled that this action is final. Any new request to use this Customer space must be subject to a new registration.

Any use of written, audio, video support on the interface of the sales space open to the public is deemed to be the full property of the Customer, unless otherwise specified between the Parties.

6.3 Messaging and Support

Exchanges within the framework of messaging must remain professional. They will remain confidential and cannot be disclosed to third parties.

The Company undertakes to respond to the Client and the User within one week, for any request for information or technical problem.

6.4 After-sales service

An after-sales service system is offered as follows:

• The Customer must respond to the messaging system within seventy-two hours for any request from the User

• In case of dissatisfaction, a complaint must be addressed to the Customer by the User

If no solution could be found between them, the Company may intervene by making direct contact, here: contact[a]myklub.online

To access the Company's after-sales service, the Customer must contact it by email, with the information in the legal notice.

6.5 Maintenance

The website is available unlimited, 24 hours a day. In the event of computer updates or internal problems, it is possible that it will be unavailable for a given period. 

In this case, the Company undertakes to implement actions to restore its proper functioning. 

However, it is not held responsible if the links, access and spaces remain inaccessible. In this sense, no indemnity or financial compensation will be paid by the Company or its subcontractors.

6.6 Hypertext links

The hypertext links present on the website are likely to refer to third-party sites, content or documents. In no way, the hypertext links (by their content or their creator) can not engage the responsibility of the "Solution".

VII. We each have a share of obligations and responsibilities

The Company declines all responsibility for the execution of the contract of sale, product or service made by the customer, with the buyer.

The Company is not responsible in the event of loss of opportunity to contract or proceed with a sale, when a bug or computer maintenance occurs on the “Solution”.

The Company is not responsible for any loss or accidental deletion of content hosted on the "Solution".

The Company is not responsible for delays related to the delivery of products ordered from the Customer by the User. On dispatch of the order, the risks are transferred to the buyer, who is deemed to be the owner of the goods. Therefore, he must imperatively turn to the Customer to address a complaint.

The Customer is required to inform buyers and prospects of its general terms and conditions of sale. He must deliver to the buyer goods that conform to the description made, in application of articles 217-4 and following of the Consumer Code. He must deliver a good free of hidden defects, in application of articles 1641 and following of the Civil Code.

7. In the event of a request for modification or termination

7.1 Change of formula

Any request to change the Formula can be made from the Customer's member area.

In the event of modification for a lower Plan, the request will not be taken into account if the Customer has subscribed to a Subscription with commitment.

In the event of modification for a higher Formula, the request will be effective from the following calendar month, provided that it has been made no later than the 25th of the month. Otherwise, the request will be effective two calendar months later.

7.2 Withdrawal

Within fourteen days from the receipt of his order, the non-professional Customer, who has the quality of consumer, has the right of withdrawal without justification or costs. The full refund must be made by the Company, at the expense of the customer. However, the costs of delivery and return of the products will remain the responsibility of the buyer.

To do this, he must send a withdrawal form to the customer. The products must be sent to the Customer within a fortnight, after notification of the decision to withdraw. The Customer may apply more favorable cancellation conditions than the regulations in force, and reinforce this guarantee.

In some cases, the right of withdrawal is not applicable, in application of article L221-28 of the Consumer Code:

“The right of withdrawal cannot be exercised for contracts:

1. For the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with the recognition by him of the loss of his right of withdrawal, when the service has been fully performed by the professional;

2. Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3. Supply of goods made to the consumer's specifications or clearly personalized;

4. Supply of goods likely to deteriorate or expire rapidly;

5. For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6. The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;

7. Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9. Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10. The supply of a newspaper, periodical or magazine, except for subscription contracts” to these publications;

11. Concluded during a public auction;

12. Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13. For the supply of digital content without material support, the execution of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:

    • He has previously given his express consent for the performance of the contract to begin before the expiry of the withdrawal period; And

    • He has acknowledged that he will lose his right of withdrawal; And

    • The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.”

7.3 Termination

1. We explain how we take care of your personal data 

The User or Client has a right of access, rectification, portability and deletion of their data, or limitation of processing, in accordance with the law "Informatique et Libertés" of January 6, 1978 as amended and the Regulation European No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018). Any complaint in this regard should preferably be made directly to the Company, in order to find a suitable solution. In the event of a dispute, the User or Client may freely report it to the CNIL, with the legal information in his possession on the identity of the Company, present in this contract. 

The period of storage and use of personal data may not exceed three years, in the European Union, from the end of the contractual missions. 

The Company is committed to a strict policy of confidentiality, and may not disclose any information given during the performance of its missions, and at the end of this contract. The User or Client also undertakes to respect a strict confidentiality policy within the framework of this contract, and may not provide information of a private nature concerning the Company. In order to improve the services offered, the Company reserves the right to use a statistical return of its services for professional purposes (on its communication media, to produce a commercial analysis report of its practices, etc.).

1. Intellectual property: respect for our work

Each work and each communication medium (paper, digital, electronic, oral, etc.) remains under the intellectual property and copyright of the Company, within the meaning of the Intellectual Property Code in force. 

These present legal conditions do not constitute an automatic assignment of copyright or rights of enjoyment or prerogatives contrary to the protection of the Company's copyright. The elements provided by the service provider as part of its missions remain its intellectual property. All reproduction, modification and distribution rights are reserved. 

The reproduction, partial or total, of the media made available to the Clients cannot be carried out without the express agreement of the Company. 

Therefore, the Company remains the owner of its copyright and its economic rights concerning the creation of its works. The User or Client undertakes not to use, transmit or reproduce all or part of these documents with a view to organizing or facilitating services related to those provided by the Company. No act of parasitism and unfair competition will be tolerated. It is strictly forbidden for the User or Client to donate or resell written, oral or video materials delivered by the Company, under penalty of legal proceedings.

This ban applies to:  

• Commercial use and exploitation of any kind and of any kind;

• The right of reproduction of the media 

• The right of representation of the media 

• The right to modify the media

• The right to adapt media 

• The right to transfer economic or moral rights under the ownership of the Company 

• Any assignment of rights to the works of the “Solution”

• The right to translate materials 

• The right to remove media

• All or part of the work transferred and this on all existing or planned media

Membership conditions 

Terms

An affiliate program is offered by the Company. It works by a recommendation system via tracked links, provided by the Company, in return for a payment of commission. 

Duplicate

The only sale considered “affiliate” is the one made from the tracked link. No duplicates are accepted: the control is automatic from a special affiliate software.

Fees

As a preliminary point, it is indicated to the affiliate that the payments of commissions are attributed only if his Subscription is still active, valid, and does not suffer from any default of payment.

The commission due will only be paid once the Customer by recommendation has paid a monthly installment, on the tenth day of the month following receipt of the invoice. An invoice must be presented by the affiliate before the 25th of each month end. 

A commission of 20% of the monthly price excluding tax subscribed by the Customer's Subscription by recommendation, will be paid to the Affiliate in one go, from its due date. The due date is the 10th of the month following the effective payment of the Subscription taken out by the Customer by recommendation.

Considerations

The affiliate program has rewards:

• For the Company, the counterpart is the fact of being able to increase its annual turnover thanks to this partnership, to have more Customers by recommendation.

• For the Affiliate, the counterpart is the fact of obtaining commissions on each of the sales made from its affiliate link, for a subscription to a Formula of the “Solution”.

Validity of the collaboration

If no sale is made through the affiliate link, no payment will take place. 

If no sale is made through the affiliate link for a period of more than one month after subscribing to the “Solution”, the affiliate clause will automatically end, without any formality being necessary.

Ethics

The affiliate must have respectable professional ethics, such as to preserve the Company's brand image. The Company reserves the right to terminate the affiliation partnership unilaterally and without notice if the essential ethical condition is not respected by the co-contractor.

XII. In the event of a dispute: essential information 

Under no circumstances will the Company be liable for:

• Lack of legal, accounting or other advice. It in no way replaces the personalized expertise of the regulated professions. All the models of legal acts available, and the information media, are provided for documentary purposes only, within the meaning of Article 66-1 of Law No. 71-1130 of December 31, 1971 reforming the certain judicial and legal professions.

• Non-compliance in the event of inspections by public or tax bodies, the DREETS or legal proceedings. The information and details are provided by the Company for information purposes only.

• Refusal of Qualiopi certification, by the certifying bodies. The Company disclaims all responsibility, in particular for quality criteria not retained by the certifying body.

• Refusal to declare the Client's activity by DREETS. The Company does not have the legal or legal power to interfere with a decision of a DREETS agent.

• Client's non-compliance with its legal, regulatory, contractual and ethical obligations with the User, Professional Learner, Non-professional Learner or Learner.

• Poor contractual performance or breach of contract by the Customer with the Users of the “Solution”, Professional Learners, Non-professional Learners or Interns.

• Loss of data as a result of forgetting to save or a proven fault on the part of the Customer in the context of the use of the “Solution”.

• Computer or general malfunction, temporarily rendering the platform or certain features of the “Solution” unavailable.

If the Customer is an individual, he will be able to benefit from a free consumer mediation service, to which the Company belongs, named VOYAGEURS, PPU Paris St Lazare. The competent Court will be that within the jurisdiction of the Court of Appeal of the registered office of the Company or the domicile of the customer.

If the Customer is a professional, the parties are invited to turn to an inter-company mediator before any referral to the judge. 

The competent Court will be that within the jurisdiction of the Court of Appeal of the registered office of the Company.

Date of last update: 06/14/2024

PRIVACY POLICY

This privacy policy only concerns this training platform, and in no way replaces the obligation of compliance concerning the training organization under contract with the platform. Any seller, independent trainer or training organization on the platform must have their own privacy policy, their own general conditions of sale and all strictly mandatory legal documents.

To view the seller's privacy policy on the platform, you can click on the "Terms and Conditions and Privacy Policy" link from its subdomain. 

APPLICABLE LAW – LEGAL BASIS FOR PROCESSING 

The company informs you about the processing of your personal data, in a concise, transparent and understandable way, through this privacy policy. All personal data is processed fairly, transparently and lawfully by your platform, which is responsible for processing personal data on this website.

French law is applicable, to the exclusion of any national law. Thus, this privacy policy is ensured to comply with the following legal requirements:

• Articles 12, 13 and 14 of General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and of the Council.

• Data Protection Act No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by LAW n ° 2018-493 of June 20, 2018 relating to the protection of personal data for questions of processing of personal data.

• Law No. 2004-575 of June 21, 2004 for trust in the digital economy: for any removal of disputed content.

The legal bases are as follows:

• Consent (for a subscription to the newsletter)

• Performance of a contract (for the performance of a service)

• Legal obligation (for billing)

COLLECTION OF PERSONAL DATA

Personal data is collected automatically, for commercial, statistical and prospecting purposes, when a contact form is filled out, an appointment is made, an online quote request or an invoice is issued, as soon as necessary. The processing of personal data cannot concern:

• Racial or ethnic origin, 

• political opinions, 

• Religious or philosophical beliefs,

• union membership,

• genetic data, 

• Biometric data for the purpose of uniquely identifying a natural person,

• Data concerning health or data concerning sex life

• The sexual orientation of a natural person,

• Criminal convictions and offences.

The data is processed, transferred, stored outside the European Union with the following tools: RENDER.

The data collected are: 

• Name 

• Name

• Address

   

  Mail address

• Phone

• Company number

• Certification body number

• His nature of employment

PURPOSE OF PROCESSING

The processing of personal data is deemed lawful when at least one of the conditions is met:

• The user of this website has consented to the processing of his personal data in order to have access to the company's free services.

• The processing is necessary for the performance of a contract with the platform.

• The processing is made necessary for the company to comply with a legal obligation, to safeguard the vital interests of the data subject or of another natural person or to carry out a task in the public interest or relating to the exercise of official authority vested in the controller;

CONSENT

The User must give his consent to the collection of personal data in order to benefit from the platform's services. 

It is possible to withdraw this consent at any time, in the simplest of formalities, by writing to the platform. The User who withdraws his consent is aware that this does not call into question the legality of the previous processing of his personal data.

RECIPIENTS

The recipient of personal data is the company responsible for processing personal data on this website. No personal data is transmitted, sold or rented to third parties. It does not use any personal data outsourcing services.

REGISTER OF PROCESSING ACTIVITIES

In principle, each data controller must keep a record of the processing activities carried out under their responsibility, mentioning:

• The name and contact details of the controller 

• The purposes of the processing

• A description of the categories of data subjects and the categories of personal data

• The categories of recipients who have knowledge of the personal data or the methods of transferring personal data to a third country or to an international organization

• The deadlines for erasing the different categories of data

• General description of technical and organizational security measures 

This register takes the form of a written document which can be electronic or in paper form. 

The CNIL supervisory authority must have access to it on simple request, in particular when the company has more than 250 employees or if its activities involve a recurring risk for the rights and freedoms of the persons concerned.

RIGHT OF ACCESS TO DATA

Any person affected by the processing of their personal data has the right to obtain from the controller confirmation of the following information:

• the purposes of the processing;

• the categories of personal data concerned;

• the recipients or categories of recipients to whom the personal data have been or will be communicated, in particular recipients who are established in third countries or international organisations;

• where possible, the envisaged retention period of the personal data or, where this is not possible, the criteria used to determine this period;

• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data relating to the data subject, or the right to object to such processing;

• the right to lodge a complaint with a supervisory authority;

• where the personal data is not collected from the data subject, any available information as to its source

• the existence of automated decision-making, including profiling.

Therefore, the company must provide him with a copy on simple written request.

Here is a suggested email to send to the email address: rgpd(at)myklub.online

“I am (Last name, first name, email address), and I request access to the following data collected about me: _____”

RIGHT TO AMEND

Any person concerned may ask the company to obtain the rectification of personal data concerning him, if they are inaccurate. It may also request to complete, in writing, the personal data collected by the platform.

Here is a suggested email to send to the email address: rgpd(at)myklub.online

“I am (Name, first name, email address), and I expressly request the rectification of the following personal data concerning me: _____”

RIGHT OF DELETION

Any user or customer has the right to be forgotten. Persons affected by the processing of their personal data may request the deletion of the data if one of these cases arises:

• the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

• the data subject withdraws the consent on which the processing is based,

• the data subject objects to the processing;

• the personal data has been unlawfully processed;

• the personal data must be erased to comply with a legal obligation which is provided for by Union law or by the law of the Member State to which the controller is subject;

• the personal data has been collected in the context of the offer of information society services,

The personal data collected is automatically erased after 3 years of collection by the platform.

Here is a suggested email to send to the email address: rgpd(at)myklub.online

“I am (Name, first name, email address), and I expressly request the deletion of the following personal data concerning me: _____”

RIGHT OF OPPOSITION AND LIMITATION

Any person concerned by the processing of personal data may refuse to consent to it, or freely limit its scope, when an element applies:

• the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

•  

  the processing is unlawful and the data subject opposes their erasure and instead requests the limitation of their use;

• the controller no longer needs the personal data for the purposes of the processing, but the data subject still needs them for the establishment, exercise or defense of legal claims;

• the data subject has objected to the processing pending the verification whether the legitimate grounds pursued by the controller override those of the data subject.

Here is a suggested email to send to the email address: rgpd(at)myklub.online

“I am (Name, first name, email address), and I expressly oppose the collection of the following personal data concerning me: _____”

The use and transfer of the MyKlub application to any other application of information received from Google APIs will respect Google API services user data policy, including limited use requirements.

RIGHT OF PORTABILITY

The portability of personal data is a right for any person concerned who wants to transmit their data to another data controller, without opposition from the platform, when this is technically possible and when this does not infringe the rights of third parties.

Any such request must be made in writing to the platform.

Here is a suggested email to send to the email address:

rgpd(at)myklub.online

“I am (Name, first name, email address), and I expressly request the portability of the following personal data concerning me: _____”

TREATMENT SECURITY

To maintain a low risk of personal data leaks, the company can strengthen its data retention measures: set up pseudonyms, encryption, a crisis protocol or reassess the degrees of the protocol in force.

The risks to be assessed in the context of processing are of several kinds, such as the destruction, loss, alteration, unauthorized disclosure of personal data transmitted, stored or processed in any other way, or unauthorized access authorized to such data, accidentally or unlawfully.

In the event of a proven risk of violation of personal data, the controller must communicate to the person concerned, in clear and simple terms, all information and measures concerning the resolution of the problem.

RESPONSIBLE FOR THE PROCESSING

The person responsible for processing personal data is: DEFAULT Nicolas, whom you can contact at: contact(at)myklub.online

The controller implements technical, organizational and professional measures to effectively review and update the collection and processing of your personal data. To do this, it takes into account the nature, scope, context and purposes of the processing as well as the risks, the degree of probability and severity of which varies, for the rights and freedoms of natural persons.

He undertakes to cooperate and work, in all intelligence, with the supervisory authority, at the latter's simple request, within the framework of the execution of his missions.

MODERATION OF COMMENTS

Any comment and opinion left on this website may be subject to moderation, and any abusive comment will be deleted by reporting or directly by the platform.

Comments may be subject to moderation by the platform, upon notification or in the event of non-compliance with others, in accordance with the Law No. 2004-575 of June 21, 2004 for trust in the digital economy on any removal of contentious content.

COOKIES POLICY

By browsing this site, you accept that the website may place cookies in your browser, in order to benefit from the services of the platform.

The User has a right of access, rectification, portability and deletion of his data, or limitation of processing, in accordance with the law "Informatique et Libertés" of January 6, 1978 as amended and European Regulation no. °2016/679/EU of April 27, 2016.

Any complaint in this regard must be brought to the platform.

You can therefore freely refuse the use of cookies through the settings menu of your browser. 

If you do not want us to collect your personal data, you will not be able to use all the services of the site, such as a contact or service request, the collection of information to receive newsletters. Indeed, certain information concerning you is necessary for the use of our site, and can collect data on your IP address, your browser, your access times, automatic pre-filling.

This information collected by this website is used exclusively for internal statistical purposes, so as to improve the quality of the services offered to you. 

The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.

Cookies are used for:

• Give you an optimal experience.

• Identify yourself once registered as a user.

• Monitor and analyze the performance, operation and effectiveness of the website.

• Guarantee the security of our platform and the safety of its use.