1. Target
The purpose of the present general conditions is to define the rights and obligations of the parties, Wellness Programmes on the one hand and the client (hereinafter referred to as “you” or the “Client”) on the other hand, in the context of the sale of online courses on the Wellness Programmes website on different themes, through different online media such as texts, videos, MP3s, knowledge tests, etc. (hereinafter referred to together or separately as the “Programs”). These Programs are accessible from the Client’s personal space on the Partners’ website, after the Client has completed the information provided on the website http://es.scholistico.com/.
2. Enforceability of the general conditions of sale
The version of the general terms and conditions of sale that is binding on the Client is the one displayed on the website at the time of validation of the order by the Client. The different versions of the terms of sale will be archived by Wellness Training. The terms and conditions of sale may be modified or deleted at any time.
3. The programs
3.1 Formulas
Different formats of courses, in the form of flash sales, are offered to Customers. The program of the courses and the conditions inherent to each course are specified at the time of the choice of the course by the Customer and are available in the description of the offer visible on the website http://es.scholistico.com/
3.2 Availability
After the customer has registered, the courses and trainings will be available on the partners’ website for an indefinite period. The access period starts on the day of activation of the activation code.
3.3 Backup
After the customer has registered, the courses and trainings will be available on the partners’ website for an indefinite period. The access period starts on the day of activation of the activation code.
3.4 Information/warranties
Before placing an order, the greatest care is taken to put information online concerning in particular the essential characteristics of the Trainings offered for sale and the terms of payment. However, there may be minor variations
in the presentation of the Trainings that do not concern their essential characteristics. Wellness Trainings cannot be held contractually responsible for these variations.
The Client declares that he/she has received all the information and advice necessary to make a decision concerning the choice of the Training(s) under his/her sole responsibility. The Client has verified that the Training(s) meet his/her needs and that he/she has a computer, a smartphone or a tablet, and the software allowing him/her to read or listen to the files related to the Training(s).
Wellness Trainings does not guarantee that the Courses are adapted to the needs of the Client, who is solely responsible for the choices he/she makes at the time of ordering, nor for the assimilation of the Courses by the Client, which depends in particular on the diligence and seriousness with which the Client understands and applies the data. The exercises have an educational purpose of research and personal improvement, which Wellness Training does not reciprocate in any way.
3.5 Certificate/certificate of completion
As of the date of this document, the professional practice of the activities covered by the Trainings is not regulated by law. These Trainings allow the Client to acquire knowledge which, if applicable, is sanctioned by the delivery of a certificate or an attestation of completion of the training, the terms of which are determined unilaterally and at the discretion of the Wellness Training partners.
Obtaining a certificate or an attestation of completion is not recognized by the State as conferring on its holder any right, title or authorization whatsoever to practice a given activity. The Client is therefore perfectly free to use the knowledge acquired during the training within the framework of his/her personal or professional activities, but undertakes to clearly and unambiguously inform third parties of the “unofficial” nature of the certificate or attestation of completion issued by Wellness Training’s partners (only the French Ministry of Education is authorized to issue them).
Wellness Programs or its partners cannot be held responsible for commitments made by the Client to third parties as a result of the Programs or their content. Upon successful completion of the exams, Wellness Training’s partners will issue a certificate or attestation of completion in the Client’s name, which can be printed if required.
4. Awards
The prices of the order are indicated in the designated online sales area. The prices are indicated on the site in euros and include VAT.
When the Customer’s order is confirmed by e-mail, the total amount of the order (including VAT) is indicated in euros. Wellness Trainings reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time the order is registered.
5. Order
5.1 Placing an order
The ordering process includes the following steps:
Step 1: choose the course;
Step 2: review the terms and conditions;
Step 3: acceptance of all terms and conditions;
Step 4: validation of the order;
Step 5: the Customer receives an electronic acknowledgement of the order with the link to the course and an activation code;
Step 6: Create a customer account on the partner platforms. Fill in the mandatory fields of the identification and/or information forms. The Customer declares that the information provided is true and correct;
Step 7: The Customer accesses the courses from his/her personal space on the partners’ website.
5.2 Order Confirmation
In accordance with the applicable regulations, the contractual information will be confirmed by e-mail to the e-mail address indicated by the Customer on the order form. This confirmation e-mail will contain the following information:
- Order and delivery details;
- Links to follow the order. It is the Customer’s responsibility to keep the contractual information on the carrier of his/her choice. Wellness Trainings reserves the right not to confirm the order in case of refusal of payment authorization, incorrect address or any other problem with the Customer.
In this case, Wellness Training will inform the Customer by e-mail. The order will only become final after full payment of the price by the client.
6. Payment
During the registration and payment process, the Customer will have the opportunity to select the Training he/she wishes to acquire.
Customer will be required to pay any applicable fees before accessing the site, services or trainings.
If you have a promotional code that allows you to use services or materials at a discounted rate, you must enter the promotional code at the time of completing the order.
6.1 Methods of payment
Payment can be made online via PayPal or by credit card. The card will be charged at the time of the order.
For any remote payment, no banking information concerning the Customer is transmitted by the Wellness Training website. The Customer’s order is registered and validated as soon as the payment is accepted by the banking services of Wellness Training’s partner banks.
6.2 Ownership (see Chapter 11: Intellectual Property)
The courses made available to the client remain the exclusive property of Wellness Training’s partners under copyright law. They may not be copied, transferred or distributed. They are thus made available to the Client for his/her sole and personal use. Their total or partial reproduction, modification, translation and/or adaptation for purposes other than private use is strictly forbidden under penalty of legal proceedings under the provisions of articles L335-2 and following of the Intellectual Property Code.
7. Warranty
Scholistico cannot be held responsible for the misuse of the Courses by the Client, nor for the non-respect of the regulations and legislation in force in the host country. The Courses sold by Wellness Training are subject to the conditions of the legal guarantees provided for in articles L.217-4 to L.217-14 of the Consumer Code and articles 1641 to 1648 of the Civil Code, to the exclusion of any other guarantee:
- * Legal guarantee of conformity: Scholistico delivers to the Client a Training that conforms to the contract and is free of defects of conformity at the time of delivery of the said Training, in the sense that the Training is fit for the use usually expected of a similar good and has the characteristics presented at the time of sale. Wellness Training cannot be held responsible for any lack of conformity resulting from the instructions or installation of the Training. This guarantee only applies if the client requests it within two years of the delivery of the training. Defects of conformity appearing within twenty-four (24) months of delivery are deemed to have already existed at the time of delivery, unless proven otherwise.
- The Client may choose between repair or replacement of the Training or any of its parts, unless either choice would result in a grossly disproportionate cost to Wellness Training. If repair or replacement of the defective Training or part is not possible, the Client may either be refunded the price paid and return the Training, or keep the Training and be refunded a portion of the price, unless the non-compliance is minor. The return, replacement or refund of the Training or any of its parts is free of charge to the Customer and does not exclude the possible awarding of damages, if the Customer is entitled to them.
- Legal warranty against hidden defects: Wellness Training associates will deliver to the Client a Training that is free from hidden defects that render it unfit for the purpose for which it was intended, or that diminish that purpose to such an extent that the Client would not have purchased the Training, or would have paid less for it, had he or she known of these defects. This warranty only applies if the Customer requests it within two (2) years of the discovery of the defect.
In the event of a latent defect, the Customer has the choice of returning the Training and being reimbursed the price and the selling expenses, or keeping the Training and being partially reimbursed the price. In all cases, it is up to the customer to prove compliance with the conditions of the warranty.
- Guaranteed access to training courses: Access to training courses and the online exam is unlimited in time.
8. Existence of a conventional right of withdrawal
In accordance with the applicable legal provisions, Wellness Trainings is not bound by the existence of the right of withdrawal provided for in Article L.121.20 of the Consumer Code as soon as it confirms and executes the order by making the first Training (digital works) available on the Customer’s personal space. The services sold are digital and available in less than 24 hours after the purchase. Therefore, the buyer cannot use his right of withdrawal and expressly waives it at the time of purchase. Therefore, no refund can be granted. However, Wellness Trainings contractually grants this right to its Customers who have purchased directly from the Wellness Trainings website, who will have the possibility to cancel their package within 24 hours, provided that they have a valid reason and that it is accepted by Wellness Trainings. The refund to the Customer will be made within a maximum of seven days from the date of acceptance of the refund.
9. Protection of personal data
The information requested, in particular through the forms, is necessary for the processing of the order and will be communicated, if necessary, to the service provider(s) in charge of the execution of the order. It may also be used to get to know the Customer better and to adapt Wellness Training’s offer to the Customer’s needs.
10. Intellectual Property
10.1 General information
The elements belonging to Wellness Training, such as the website http://es.scholistico.com/, the texts, the brands, the models, the training courses, the logo, the images, the graphic charter, the tutorials, the MP3 or the videos.
without this list being exhaustive, are the exclusive property of Wellness Training. The present general conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to Wellness Training to the Client. Wellness Training grants a non-exclusive, personal and non-transferable right of access to the site for use in accordance with the conditions described in this document.
10.2 License
The Training Courses are intended exclusively for natural persons for personal and nominative use. Training bodies or collective organizations are excluded from the license.
Wellness Training only grants the Client the right to use the Courses for personal learning purposes. Any other use is considered an infringement and is punishable by the laws on intellectual property.
The Client is therefore prohibited from directly or indirectly infringing on the property rights of Wellness Training and its partners and from exploiting in any way whatsoever the texts, names, brands, logos, animation concepts and Mp3. Any resale, exchange or rental of files, Mp3, videos and/or tutorials to third parties is strictly forbidden.
The Client agrees to respect all the rights of Wellness Training and to refrain from creating any analogy in the public mind for any purpose whatsoever.
You can read, download and print the texts and information made available on the site under the following conditions:
- You may not allow others (including individuals within your organization) to use your registration data or access the courses without registering and paying a fee;
- You may not use the courses to provide services of any kind to any other person (including persons within your organization);
- The Course may not be reproduced or incorporated into any other work or publication in any medium;
- The Training may not be modified or adapted in any way;
- The Course may not be modified or adapted in any way;
- You may not remove any copyright or other proprietary notices from the Training.
You agree not to use the Site (including any electronic forums, chat rooms, news groups or similar pages that may be added to the Site from time to time):
- Harass others or disclose personal information about others that may qualify as harassment;
- Publish, post, upload, store, distribute or disseminate any unlawful, libelous, defamatory, obscene, harmful, confidential, slanderous, hateful, threatening or otherwise unlawful material or information, or anything else that may constitute a criminal or civil offense;
- Not to upload files that contain software or other material which is the intellectual property of another or which is protected by third party rights of privacy or publicity, without obtaining all necessary consents
- Upload files that contain viruses, corrupted files, or other software or programs that may interfere with or damage the operation of the Site or any computer.
- Creating multiple logins;
- Impersonating others;
- Promote or engage in illegal or fraudulent activities;
- Software that collects material or other information from the site.
You are responsible for making all arrangements and purchasing any equipment or software necessary for you to access the Site and the Courses or Materials. In particular, you are responsible, at your own expense, for updating your Internet browser and any other software necessary for you to view or download the Materials.
10.3 Intellectual Property Rights
All intellectual property rights in the Site and the Trainings and their materials are and will remain the property of our partners. We grant you a personal, limited, non-exclusive license to access and use the Site and the Trainings solely in accordance with these Terms of Use. Any other use of the trainings and any copying, reproduction, modification, distribution, sale or other use of any materials for any purpose will be considered a violation of these terms of use. Without prejudice to any other rights or remedies that may be available with respect to such violation, if you print, copy or download any portion of the Forms in violation of these Terms of Use, you must, at our option, return or destroy all copies of the Forms that you have made.
By downloading material from the site, you own the medium on which the files are stored, but we do not transfer ownership of those files to you, and we retain full ownership of the files and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or reduce the training module software to a human-readable form. In general, any infringement of the provisions relating to ownership is likely to be prosecuted under the provisions of Articles L335-2 et seq. of the Intellectual Property Code.
11. Civil liability
11.1 General information
Scholistico cannot be held responsible for the non-performance of its obligations due to a case of force majeure as defined by law or to causes beyond its control (restrictions and limitations of the Internet network, network failures, slowness or interruption of the Client’s Internet service provider, etc.).
In any case, and to the extent permitted by the regulations, Wellness Training’s liability is limited to the price of the package chosen and the price actually paid by the Client. In the event of a dispute, Wellness Training is therefore liable for the amount of the service.
We expressly exclude any liability for any indirect, consequential or special loss or damage suffered by you or any loss of income, loss of profits, loss of anticipated savings, loss of use of computer equipment, loss or destruction of data or loss of opportunity or contracts (in each case, directly or indirectly) in connection with the site, services and trainings, or in connection with the use, inability to use, or as a result of the use of the site, services or trainings, in any manner whatsoever, or caused by tort (including negligence), breach of contract or otherwise. In addition, Wellness Trainings cannot be held responsible, within the limits of applicable regulations, for direct damages, including immaterial damages, or indirect damages that may result from access to the Site or from the misuse by the Client of the techniques mentioned in the Courses. We also remind you that the hypertext links displayed on Wellness Training lead to other sites whose content is the sole responsibility of the administrators and owners of these sites.
11.2 Viruses, hacking and other violations
Due to the inherent risks in using the Internet, we cannot be held responsible and, to the fullest extent permitted by applicable law, we hereby exclude liability for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other intellectual property on account of your use of the Site or your downloading of any material posted on the Site or any linked site. You may not intentionally or negligently introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material into your use of the Site. You may not attempt to gain unauthorized access to the Site, the Materials or Services, the server on which they are stored or from which they are provided, or any server, computer or database connected thereto. You may not attack the Site by means of a denial-of-service attack or a distributed denial-of-service attack.
11.3 Maintenance
The company reserves the right to perform maintenance on its server and will endeavour to do so:
- Give the customer at least 24 hours notice.
- Minimize service interruption time.
The Client undertakes not to claim any compensation in this respect and furthermore declares that he accepts both the characteristics and the limits of the service provided by the Company.
12. Completeness
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this would not affect the validity and respect of these general conditions of sale.
13. Duration
These conditions apply for the duration of the services offered by Scholistico.
14. Proof
The computerized registers, kept on the servers of Wellness Training or those of its hosts, will be considered as proof of the communications, orders and payments made between the parties.
