GENERAL TERMS AND CONDITIONS OF SALE
The SUPERHUMAIN company (hereinafter referred to as "SUPERHUMAIN") designed and operates the website www.superhumain.org that provides its users (hereinafter referred to individually as the "User" or "Users") with access to training services and programs to improve their skills and performance, within a specific neuroscience-based approach that aims to deepen the User’s understanding of the mechanisms of the brain’s functioning as a whole, in order to support the individual and organisational transformation of their company.
Through the website www.superhumain.orgprovides the User with access to the website as well as to content for a fee, i.e. training modules, functionalities or applications proposed by SUPERHUMAIN (hereinafter referred to as the “Services”).
The present General Terms and Conditions of Sale (hereinafter referred to as “Terms of Sale”) constitute binding contractual provisions and define the terms and conditions under which SUPERHUMAIN allows its Users to access and use its Services.
Using and/or viewing the Services on www.superhumain.org implies that the User agrees to abide by the Terms of Sale which are also accessible on the Site.
All Users are deemed to have read the Terms of Sale and to have kept a copy of same. Acceptance of the Terms of Sale is complete and covers all the Terms of Sale which form an indivisible whole. Users may not choose to have only part of the Terms of Sale applied to their contractual relationship, or to formulate reservations.
The User who wishes to become a member (hereinafter referred to as the “Member(s)”) shall comply with the registration procedure on www.superhumain.org and, in particular, shall expressly approve the Terms of Sale at the time of registration.
Membership grants access, in return for payment, to the Services under the conditions defined below.
The present Terms of Sale are written in French. SUPERHUMAIN provides its non-French speaking Users with an English translation of the present Terms of Sale. However, said translation is provided for information purposes only and shall neither modify nor override the French version of the present Terms of Sale. In the event of a conflict between the translation of these Terms of Sale and the original French version of same, the original French version of these Terms of Sale shall always prevail.
I - CONDITIONS OF ACCESS AND REGISTRATION
The User acknowledges that he/she has the skills and equipment (computers, software, tablets, smartphones, telecommunication means, etc.) necessary to access the Services, and he or she undertakes to bear the cost of such equipment (telecommunication costs, subscription to Internet plans, etc.).
The User who wishes to become a Member and use the Service shall register via www.superhumain.org by completing the registration form, making sure to fill in all the compulsory fields on his or her Personal Data and to approve the Terms of Sale.
The User who wishes to become a Member states and guarantees:
- that all the information provided at the time of registration is complete, authentic and accurate,
- that this information will remain complete, true and accurate,
- that his or her use of the Services is not, and will not be at any time in the future, contrary to public order, good morals, laws and regulations that are applicable to him or her.
Each Member has a login and a password, both of which are strictly personal and confidential and must not be communicated or shared with third parties.
Access to the training module(s) as selected by the User shall remain available for a maximum period of six months, subject to an additional period of time granted by SUPERHUMAIN upon request of the User to complete the training courses selected and not completed at the end of the initial period.
Access to the training module(s) shall not be transferred, transmitted or shared with a third party, whether free of charge or for a fee. In the event of any breach of this obligation by the Member, SUPERHUMAIN reserves the right to suspend and/or terminate the Member’s access to the relevant training module(s) as well as to www.superhumain.org, without any indemnity, prior notice or information, and subject to any subsequent proceedings.
Each Member is solely responsible for maintaining the confidentiality of his or her login and password information, and, if applicable, any other form of access to the training module(s), as well as for any actions, whether fraudulent or not, that may be carried out using his or her login and password or by using his or her other form of access to the training module(s).
Members undertake not to use, at any time, the account, login, password and any other form of access belonging to another Member.
Members shall indemnify SUPERHUMAIN against any claim in respect of actions or declarations made on www.superhumain.org through their personal Member Account.
Once logged in to his or her User Account, the User can select the training module(s) they wish to follow from the modules listed on the Site.
After selecting the relevant module(s), the User can check the content of his or her registration, including the unit price and the total price, by clicking on "Shopping Cart”.
This link also allows the User to view all of the characteristics, prices and terms of availability of the selected module(s). The User will be able to withdraw one or more training module(s). The registration may be modified at any time until its final confirmation. It shall only be definitively registered once all the relevant information has been entered and the online payment has been accepted.
Prior to registration confirmation, the User shall click on “I have read and accepted the general terms and conditions of sale and use”; the User declares that he or she fully and unreservedly accepts his or her registration as well as the TCUs and GCUs in full. Then, the User shall confirm his or her registration by clicking on “Proceed to Payment”.
II - DESCRIPTION OF THE SERVICES OFFERED
SUPERHUMAIN designs, builds and provides e-learning, in-person, and blended (in-person and e-learning) training courses to its Members, as well as occasional audit and consulting services.
In particular, SUPERHUMAIN offers different approaches and Modules, notably under the names BRAINO2, CEO2, TEAM02, CO2MPANY and KEYN2TES.
The Services also allow for public and private messages to be exchanged between Members.
The online training courses composed of Modules mostly involve texts, photos, animations, videos and, possibly, quizzes. Users have the possibility to follow the training several times, including the final quiz, within a limited timeframe.
SUPERHUMAIN also provides in-person training programs, whose objectives are defined with the User prior to the start of the training course. Bespoke training courses combining online and in-person training can be developed according to the User’s needs.
III - E-LEARNING
Registration is complete once the online payment for the training Module(s) has been processed in full. The User guarantees that he or she is fully entitled to use the credit card for the payment of his or her order, and that this means of payment gives access to sufficient funds to cover all costs resulting from his or her orders placed via the Site.
The prices of the modules are in euros (€), inclusive of all taxes, and excluding the cost of processing and delivery. They shall be increased by any legal tax other than VAT, and by any other applicable taxes, duties and charges which are payable by the User.
The amount of the provision fee is automatically calculated according to each order, and appears on the User’s registration summary prior to final registration. In addition, once the order has been validated, the costs and fees are indicated in the confirmation email sent to the User.
The training module(s) shall be invoiced on the basis of the applicable rate at the time of the final order validation.
Online training courses are reserved for Members registered via www.superhumain.org who have paid for the selected training module(s) in full.
To access the Online Training Modules, Members must comply with the conditions of access and registration as detailed in section I CONDITIONS OF ACCESS AND REGISTRATION.
Once the Member has provided his or her access details, he or she has free access to the selected module(s) 24 hours a day, 7 days a week, for a maximum of six months, as specified in the training course description.
Each training module is detailed in a description sheet available on the website www.superhumain.org . It is specified that each training module may be modified by SUPERHUMAIN without any right to compensation.
IV - WITHDRAWAL
In accordance with the provisions of article L.121-21-8 13° of the French Consumer Code, Members are informed that the supply of content not supplied on hardware and whose execution has begun after the prior express agreement of the Member shall not give rise, due to its nature, to any right to the withdrawal period provided for in article L.121-21 of this Code.
Consequently, any Member subscribing to an online training course proposed by SUPERHUMAIN expressly confirms that he or she agrees not to benefit from the right of withdrawal pertaining to this service.
V - METHODS OF PAYMENT
Payment for the Services is required at the time of ordering.
The User can benefit from discount vouchers issued by SUPERHUMAIN. These discount vouchers must be entered, as required, in the discount voucher box when proceeding to the online payment and prior to order validation.
Les codes de promotion ne peuvent plus être appliqués une fois le paiement effectué et validé et ne peuvent faire l’objet d’un remboursement.
Payment can be made by credit card (VISA, MASTERCARD) directly on www.superhumain.org The credit card is debited as soon as the order is placed.
Payment can also be made via PAYPAL and STRIPE. The full amount of the purchase is immediately debited from the User’s PAYPAL or STRIPE account, as applicable. The order is complete once confirmed by the User’s bank.
L’Utilisateur a la possibilité de procéder au paiement du ou des Modules de formations sélectionnés en une fois dans sa totalité ou jusqu’à 3 fois sans frais par carte bancaire. Cette dernière solution permettra d’échelonner le paiement de la commande en 3 débits suivant l’échéancier suivant :
- 1st instalment: on the day the order is placed, 1/3 of the total amount;
- 2nd instalment: 30 days after the order is placed, 1/3 of the total amount;
- 3rd instalment: 60 days after the order is placed, 1/3 of the total amount.
Pour bénéficier du paiement en 3 fois sans frais par carte bancaire, il convient de respecter les conditions suivantes : le montant de votre commande doit être supérieur à XX€ – vous devez résider en France Métropolitaine – vous devez être majeur – le paiement doit s’effectuer au moyen d’une carte bancaire Visa ou Mastercard (hors cartes Electron, Maestro, e-CB et CB pré payée) – votre carte bancaire doit avoir une date d’expiration supérieure à la date de la 3ème échéance programmée.
La possibilité de procéder au « Paiement en 3 fois par carte bancaire » vous sera proposée à l’étape du choix de paiement (une fois votre panier validé).
The User confirms that he or she is the bearer of the means of payment used to purchase the Services ordered, or that he or she has all the required authorisations for use of same.
SUPERHUMAIN endeavours to provide optimal security in all financial transactions taking place on www.superhumain.org. In this respect, the User exonerates SUPERHUMAIN from any liability in case of failure of the bank data transfer.
In all cases, the User’s bank account shall be debited prior to access to the Services being granted.
VI – IN-PERSON TRAINING AND CONSULTANCY SERVICES
All in-person training courses shall be subject to a prior commercial and financial proposal sent by SUPERHUMAIN to the User upon his or her request.
This commercial proposal shall define the main terms and conditions of the in-person training course proposed to the User and shall be accompanied by the Terms of Sales applicable specifically to in-person training courses.
All consulting services shall be subject to a prior commercial and financial proposal sent by SUPERHUMAIN to the User upon his or her request.
This commercial proposal shall define the main terms and conditions of the consulting service proposed to the User and shall be accompanied by the Terms of Sale applicable specifically to consultancy services.
VII – COPYRIGHT & INTELLECTUAL AND INDUSTRIAL PROPERTY
L’ensemble de www.superhumain.org as a whole is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic, photographic and audiovisual representations. Copyright infringement is a counterfeiting offence, punishable, under the terms of Article L.335-2 of the Intellectual Property Code, by two years’ imprisonment and a €150,000 fine.
More specifically, SUPERHUMAIN is the sole owner of the intellectual property rights of all the training modules and courses it offers to its Users. To this end, all contents and teaching support, whatever their form, remain its exclusive property and may not be used, transformed, reproduced or exploited in any way unless expressly authorised. In particular, the User shall refrain from using the content of the training courses to train other people, and he or she shall be liable in this respect in the event of any unauthorised content transfer and/or communication.
Any reproduction, representation, modification, publication, transmission, denaturation, in full or in part, of the content of the training courses is strictly prohibited, regardless of the means, process or support used.
The User shall only have a personal, non-transferable, and non-exclusive right of use for a limited period.
Submitting ideas, suggestions, documents and/or proposals to SUPERHUMAIN regarding its Services, via the various SUPERHUMAIN email addresses or by any other means of communication (collectively referred to as the “Contribution”), constitutes an express acknowledgement that: (i) the Contribution does not contain any confidential or proprietary information (ii) SUPERHUMAIN shall have no obligation of confidentiality, express or implied, with respect to the Contribution; (iii) SUPERHUMAIN shall have the right to use or disclose (or choose not to use or disclose) the Contribution for any purpose and in any manner whatsoever; and (iv) SUPERHUMAIN may already be considering or developing a service and/or product similar in whole or in part to the Contribution; (v) the person making the Contribution shall not be entitled to any remuneration, compensation, indemnification or reimbursement of any kind from SUPERHUMAIN for any reason whatsoever.
The User undertakes to respect the intellectual property rights of third parties.
In this respect, the User is prohibited from uploading, downloading, integrating, publishing, sending, transmitting or making available any content whatsoever that infringe any copyright, patent, trademark, and trade secret, or any other intellectual and/or industrial property right.
In any case, any link, even if tacitly authorised, shall be withdrawn upon simple request from SUPERHUMAIN.
VIII - TERMINATION
In case of breach of any one of the essential obligations of the www.superhumain.org Terms of Sale, SUPERHUMAIN shall be entitled, without prior notice and with immediate effect, to deactivate any account, thus automatically rendering all content definitely inaccessible and terminating, without compensation, any subscription to the Services attached to the said account.
Finally, in the event that the account is not accessed for three hundred and sixty-five (365) consecutive days, it may be deleted by SUPERHUMAIN.
In the event of termination, the Terms of Sale shall remain in force, notably the provisions relating to the rights and confidentiality of intellectual and/or industrial property.
IX - MODIFICATIONS AND INVALIDITY OF A CLAUSE
The Terms and Conditions of Sale may be modified by SUPERHUMAIN at any time, in particular in case of technical, legal or jurisprudential updates or when new services are developed.
The User undertakes to regularly check the Terms of Sale and agrees to stop using the Services if he or she no longer agrees with them.
www.superhumain.org requires the acceptance by the User of all the stipulations described in the Terms of Sale and of all the modifications and/or updates of same by SUPERHUMAIN.
If one or more provisions of the Terms of Sale are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the remaining provisions shall retain all their force and scope and the necessary amendments shall be made without delay.
The fact that one of the parties failed to request the application of any Terms of Sale or Use clause, whether permanently or temporarily, shall in no way be considered as a waiver of that party’s rights pertaining to the said clause.
X - APPLICABLE LAW - COMPETENT JURISDICTION
The present Terms and Conditions of Sale and the entire contractual relationship between SUPERHUMAIN and the User are subject to French law.
Should any of the clauses and provisions of the present Terms and Conditions of Sale be invalidated or declared illegal by a final court decision, such invalidity or illegality shall not affect the remaining clauses and provisions, which shall therefore continue to apply.
Tout différend né entre les parties de l’interprétation et/ou de l’exécution du présent contrat peut être résolu amiablement entre SUPERHUMAIN et l’Utilisateur, dans un délai raisonnable n’excédant pas deux mois. A défaut de règlement amiable du litige, SUPERHUMAIN ou l’Utilisateur pourra saisir les tribunaux compétents.
In the event of disputes and/or claims from the User, SUPERHUMAIN or a third party in relation to the use of www.superhumain.org, only the Terms and Conditions of Sale available on www.superhumain.org shall be and remain legally binding between the parties, whatever the date of the litigious facts.
I HAVE READ THE TERMS AND CONDITIONS OF SALE AND I AGREE TO COMPLY WITH ALL OF THE ABOVE-MENTIONED CLAUSES.