Conditions Générales d’Utilisation
The use of the website www.superhumain.org (hereinafter referred to as “SUPERHUMAIN” or “the SITE”) implies the full and complete acceptance of the Terms and Conditions of Use (hereinafter referred to as “TCUs”) described hereinafter by the users (hereinafter referred to individually as the “User”).
These TCUs may be modified or completed at any time, and Users of the SUPERHUMAIN website are therefore invited to consult them on a regular basis.
Article 1 – Champ d’application
The present TCUs govern the entire contractual relationship between SUPERHUMAIN and the Users of the Site, to the exclusion of all other conditions.
Le fait d’utiliser le Site implique l’adhésion des Utilisateurs à la dernière version des CGU par acceptation. Les CGU applicables sont celles disponibles sur le Site et imprimables par l’Utilisateur à partir du Site.
All Users are deemed to have read the TCUs and to have kept a copy of same. Acceptance of the TCUs is complete and applies to the entirety of the TCUs, which form an indivisible whole. Users may not choose to have only part of the TCUs applied, or to express reservations.
Any User who does not accept the present TCUs must immediately stop browsing www.superhumain.org and stop using all the Services.
Article 2 - Description of the site and services provided by SUPERHUMAIN
The website www.superhumain.org presents the activities of the company SUPERHUMAIN.
SUPERHUMAIN designed and operates the website www.superhumain.org that provides its Users with access to training services and programs in order to improve their skills and performance with 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.org, the User has access to content, notably training modules, forums, mobile services and all other content, features and applications offered by SUPERHUMAIN. These services may consist of online (e-learning), in-person or blended (in-person and e-learning) training courses.
SUPERHUMAIN also provides occasional audit and consulting services.
The Site is open to any natural person and is accessible free of charge. SUPERHUMAIN reserves the right to modify, suspend and/or terminate the Site at any time without notice or liability.
Article 3 - Pre-contractual information
The Client hereby acknowledges having been informed, prior to registration for any training module and prior to the conclusion of the contract, of the TCUs and of all the information listed in Article L.221-5 of the Consumer Code in a clear, legible and comprehensible manner.
SUPERHUMAIN thus provides the User with the following information in a clear and comprehensible manner:
- The main features of the training courses proposed online;
- The prices of the proposed training courses;
- Information concerning the identity of SUPERHUMAIN, its postal, telephone and online contact details, information concerning legal guarantees, digital content functionalities and, if applicable, the existence and implementation of guarantees and other contractual conditions;
- Payment terms;
- The methods foreseen by SUPERHUMAIN for the processing of personal data and complaints.
Article 4 – Modalité d’accès et usage du site
4.1 Free visit to the Site
The website www.superhumain.org permet à l’Utilisateur un accès gratuit aux informations précontractuelle et à des informations d’actualité en lien avec les formations proposées.
Le site est accessible gratuitement en tout lieu à tout Utilisateur ayant un accès à Internet. Tous les frais supportés par l’Utilisateur pour accéder au service (matériel informatique, logiciels, connexion Internet, etc.) sont à sa charge.
L’Utilisateur non-membre n’a pas accès aux modules de formations réservés aux Utilisateurs membres. Pour cela, il doit s’inscrire en remplissant le formulaire puis en s’identifiant à l’aide de son identifiant et de son mot de passe qui lui seront communiqués après son inscription selon la procédure prévue à l’article 4.2.
L’Utilisateur a la possibilité de contacter le site par messagerie électronique à l’adresse email info[@]superhumain.org
4.2 Création d’un Compte utilisateur
The User undertakes to provide accurate and truthful information concerning his or her civil status and contact details, in particular his or her email address. The information provided by the User upon creating his or her account is binding. SUPERHUMAIN shall not be held responsible for the impossibility of fulfilling its obligations in the event of an error pertaining to the communication of promotional offers, the sending of documents within the scope of purchased training courses, etc.
Once the registration form has been filled in and approved of, the User may begin to select the training course(s) he or she wishes to follow.
To access his or her User’s Account, the User shall only identify him or herself in the relevant section of the Site by entering the e-mail address he or she as provided to SUPERHUMAIN as well as the password he or she chose at the time of registration.
Should the User lose his or her password, he or she will be prompted to click on “Forgot your password?” and enter his or her e-mail address. The User’s password will then be automatically sent to his or her e-mail address, as provided.
4.3 Suppression d’un Compte utilisateur
The User may request the deletion of his or her User Account at any time by sending an email to info[@]superhumain.org, or by visiting the dedicated page on his or her personal area. The deletion shall be effective within a reasonable time.
SUPERHUMAIN also reserves the right to suspend or delete the Account of a User who fails to comply with the present TCUs. Any suspension or deletion of the User’s Account shall be notified to the User by e-mail, sent to the e-mail address as provided to SUPERHUMAIN by the User upon registering on the Site.
Furthermore, SUPERHUMAIN reserves the right to hand over any litigious content to the authorities upon request, in case of infringement of a normative provision. Litigious content can include, but is not limited to, pornographic, illicit arms trade or money laundering content.
Furthermore, SUPERHUMAIN reserves the right to take legal action directly against the offending User in order to obtain compensation for any prejudice suffered by him or her as a result.
Article 5 - Rules of conduct on the site
The User shall refrain from any behaviour that could damage the image of SUPERHUMAIN or of any other User(s).
The content published by the User on the Site is his or her own responsibility and shall not bind SUPERHUMAIN under any circumstances and in any way whatsoever.
More specifically, the User undertakes to:
- Use the Site fairly and in accordance with its purpose;
- Not carry out any activity that is contrary to public order and morality, illegal, and/or non-compliant with the regulations (regulated activities in particular);
- Not circumvent or breach any security and/or content-use rules provided, deployed and/or implemented by any feature of the Site/Application;
- Not use any virus-like device, spamming, phishing, flooding robot, software and/or subroutine to interfere or attempt to interfere with the proper functioning of the Site and/or the use of the Site by any other person;
• Ne pas usurper l’identité d’une autre personne, d’un autre Utilisateur ou encore de se faire passer pour un employé ou un représentant de SUPERHUMAIN, afin de les utiliser notamment pour l’envoi de sollicitations ;
• Ne pas tenter de collecter les informations personnelles d’autres Utilisateurs, et notamment relatives à son Compte, tels que ses identifiant et/ou mot de passe ;
SUPERHUMAIN reserves the right to suspend and/or delete any Account that breaches the present article under the conditions aforementioned in Article 4.3.
Article 6 - Registration for a training module
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.
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.
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.
Any discount voucher shall be entered in the “Discount Voucher” field at the time of the online payment and before confirmation of the order.
Thereafter, the User shall confirm his or her registration by clicking on “Proceed to Payment”.
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.
Article 7 - Cost of the services
The cost of the modules are indicated in euros (€), inclusive of all taxes, and excluding any processing and delivery fees whatsoever.
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.
Article 8 - Intellectual property and counterfeiting
The entire www.superhumain.org, its visual identity as well as the trademarks registered by SUPERHUMAIN are and shall remain the exclusive property of SUPERHUMAIN and are protected by the intellectual property laws as applicable.
SUPERHUMAIN is a registered trademark which cannot be used without the express and prior permission of SUPERHUMAIN.
All the elements pertaining to, and composing, the website www.superhumain.org, and in particular its content, illustrations, structure, editorial content, comments, photos, images, sounds, videos, and overall organisation are protected by copyright and cannot be used, partially or in full, without the express and prior permission of SUPERHUMAIN.
The same restrictions shall apply to all content, including advertisements and information displayed on the Site by advertisers and/or Partners, that may be protected by copyright, trademark, patent and/or other laws.
Article 9 - Personal data protection
All personal data received by SUPERHUMAIN from the User shall match the data required to use the Site and access its services. These personal data are digitally processed to allow SUPERHUMAIN to identify each User and to communicate with them, if necessary, to ensure the proper functioning of the website as well as the appropriate management of the commercial relationship and of the orders.
All personal data shall be kept for as long as is strictly necessary for the management of the commercial relationship and, in any case, for a maximum of three years from the last request to which the User failed to respond, except in the case of a legal or contractual obligation imposing a longer period.
All personal data shall exclusively be intended for SUPERHUMAIN and for its partners as identified within the service provision scope.
In accordance with the applicable personal data protection regulations, the User may exercise a right of access, rectification, opposition, portability, processing limitation, and deletion of his or her personal data.
To exercise this right, the User may send an email to firstname.lastname@example.org or a letter by post: 4 PL AMEDEE BONNET 69002 LYON.
The User may also, if necessary, lodge a complaint with the CNIL.
Article 10 - Contractual limitations on technical data
SUPERHUMAIN shall not be held responsible for any material damage linked to the use of the Site or its services.
In addition, the User undertakes to access the Site using recent, virus-free equipment and an up-to-date browser. The Site is hosted by a service provider located in the European Union, in accordance with the provisions of the General Data Protection Regulation.
The service provider ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt its service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures, or if the services generate traffic deemed abnormal.
Neither SUPERHUMAIN nor the service provider shall be held responsible in case of malfunctioning of the Internet network, telephone lines and/or computer and telephone equipment, especially in case of network congestion preventing access to the server.
Article 11 - Limitation of liability - guarantees
The sources of the information published on the website www.superhumain.org are deemed reliable. However, SUPERHUMAIN does not guarantee that the site is free of defects, errors and/or omissions.
The data provided is for information purposes only and has no contractual value. SUPERHUMAIN cannot be held responsible for the use and interpretation that the User may make of the information provided on the Site.
Despite regular updates, SUPERHUMAIN cannot be held responsible for any change in administrative and legal provisions, or any inaccuracy in the information provided after publication.
L’Utilisateur s’assure de garder son mot de passe secret. Toute divulgation du mot de passe, quelle que soit sa forme, est interdite. Il assume les risques liés à l’utilisation de son identifiant et mot de passe. Le site décline toute responsabilité.
SUPERHUMAIN shall not be held responsible for any virus that may infect the computer or any other equipment belonging to the Internet user, further to the use, access or downloading of data from the aforementioned website.
Thus, SUPERHUMAIN shall not be held responsible for any technical failure affecting www.superhumain.org, any misuse of the Services, or any other cause beyond SUPERHUMAIN’s control. In any case, SUPERHUMAIN’s liability is expressly limited to the compensation of direct damages that the User can prove, and is limited to the amount paid by the User for his or her access to the Services.
SUPERHUMAIN shall not, in any case, be held liable for indirect damages such as loss of data and/or files, operating loss, commercial loss, loss of earnings, damage to image, etc.
Article 12 - Force majeure
La responsabilité de SUPERHUMAIN ne pourra pas être engagée en cas de survenance d’un cas de force majeure ou du fait imprévisible et insurmontable d’un tiers.
Tout événement dû à un cas de force majeure ayant pour conséquence un dysfonctionnement du site ou serveur et sous réserve de toute interruption ou modification en cas de maintenance, n’engage pas la responsabilité de SUPERHUMAIN. Dans ces cas, l’Utilisateur accepte ainsi ne pas tenir rigueur à l’éditeur de toute interruption ou suspension de service, même sans préavis.
Article 13 - Language
The present TCUs are written in French and may have been translated into other languages. SUPERHUMAIN provides its non-French speaking Users with an English translation of same TCUs; however, this translation is for information purposes only and shall neither modify nor override the original French version of the TCUs.
In case of inconsistency or discrepancy between the French version and (any) other language(s), the original French version of the TCUs shall always prevail.
Article 14 - Applicable law and jurisdiction
In case of inconsistency or discrepancy between the French version and (any) other language(s), the original French version of the TCUs shall always prevail.
Should one or several clauses and/or provisions listed in the present TCUs be declared null and void or illegal by a final court decision, such nullity and/or illegality shall not affect the remaining clauses and/or provisions, which shall 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.
Any legal action related to the present TCUs, or to any other contractual relationship between SUPERHUMAIN and a User, shall be submitted to the jurisdiction of the Lyon Court of Justice.