SAS EVOLITUDE is an independent company registered with SIRET 88763320400011 and domiciled at 41 rue de la Croix, 80220 Maisnières – FRANCE; it offers multimedia and audiovisual training contents that can be accessed on the English website https://mymanagementskills.com of SAS EVOLITUDE to both professional and non-professional clients who wish to personally benefit from these training sessions.

1.     Object

The object of these General Terms and Conditions is to define the terms and conditions for the provision of Services by SAS EVOLITUDE to the Client within the framework of the Contract concluded between SAS EVOLITUDE and the Client. Where there is a discrepancy between the present General Terms and Conditions and any other document or information appearing on our Website, the present General Terms and Conditions shall prevail.

The following General Terms and Conditions are not applicable to companies wishing to offer Training to their own clients, employees or agents. Such companies shall request a quote from SAS EVOLITUDE via adl@evolitude.com, after which a specific contract shall be concluded between SAS EVOLITUDE and the training company.

2.     Definitions

• Annex: Refers to any annex/appendix to the present General Terms and Conditions.
• Unique Access: As defined in Article 3.
• Catalog: Refers to the SAS EVOLITUDE catalog that can be consulted on the Website, which lists all available Training Courses.
• Order: Refers to any Order placed by a Client for Services on our Website.
• Customer/Client: Refers to any professional or non-professional client wishing to personally benefit from the Trainings on our Website.
• Personal Account: Shall mean the personal account created by the Customer on the Web Site.
• General Terms and Conditions: Refers to the present general terms and conditions of sale.
• Contract/Agreement: Refers to the Contract concluded by application of the General Terms and Conditions between SAS EVOLITUDE and the Client.
• Effective Date: Refers to the date of entry into force of the Contract as defined in article 4 of the General Terms and Conditions.
• SAS EVOLITUDE: Refers to the independent company SAS EVOLITUDE as defined at the beginning of these General Terms and Conditions.
• Training: Refers to the audiovisual training contents available online on our Website.
• Identifiers/login information: Refers to the set of information specific to each Client, comprising an email address and a secure password chosen by the Client to be able to access their Personal Account.
• Party: shall mean either SAS EVOLITUDE or the Client.
• Services: Refers to the provision of access to the Trainings and Training Materials via the Unique Access.
• Website: Refers to the SAS EVOLITUDE website accessible through the address https://mymanagementskills.com.
• Training Materials: Refers to any additional components necessary for the Training, in particular, but not limited to, exercises, MCQs, work files, documents, scripts, photos, images, illustrations, computer graphics.

3. Presentation of the services

3.1 Typology of the Services

SAS EVOLITUDE provides three types of Services:

– Provision of access rights for a single Training (program or single video) selected from the Catalog (the “Unique Access”);

Some videos may be updated to improve their form and/or content. These will replace videos deemed to be obsolete on the website. These videos will not have to be repurchased by the Client, as they will be the object of the same service under the same terms and conditions.

Trainings are to be accessed exclusively on our Website and may not be downloaded to any storage device or hard disk of the Client’s computer.

SAS EVOLITUDE also provides the Customer with any downloadable material mentioned in the purchased product and necessary for the follow-up of the Training.

Training and Training Materials are accessible via a computer or tablet with internet connection and with an iOS, Windows or Android operating system. SAS EVOLITUDE guarantees availability of training for up to 3 years after purchase.

Should the Training no longer be available on the web before the expiration of these 3 years, SAS EVOLITUDE guarantees that it will be available to the Customer who has purchased the Training, upon simple request, by a link allowing them to access it.

3.2. Unique Access

The Contract for the provision of a Unique Access gives the Client the right to view the selected Training from the Effective Date, as long as the Training remains available on the Catalog.

4.     Order

A Customer wishing to place an Order must create a Personal Account by providing the following information:

1. an email address,
2. a password,
3. first and last name,
4. company name if applicable,
5. VAT number if applicable.

The Customer agrees to provide accurate information. Personal Accounts can be accessed on the Website using the email address and password provided, which constitute the Login Information. Customers may proceed to place orders after having created their Personal Account.

The Customer declares that he/she has read the description of the training courses and has accepted them before making purchase. The Customer acknowledges that he/she is aware that some videos overlap from one program (cycle, course, training) to another.

The Customer declares that he/she has read and accepted the General Terms and Conditions before placing his/her Order on the Website by clicking on the box “I accept the general terms and conditions of sale” before confirming his/her Order. Consequently, the Customer acknowledges that he/she is perfectly aware of the fact that his/her agreement to the content of these General Terms and Conditions does not require the handwritten signature of this document, since the Customer wishes to Order Training courses on the Website.

SAS EVOLITUDE reserves the right to modify the present General Terms and Conditions at any time, the latest updated version of which shall be available on the Website. Notwithstanding, Orders shall be subject to the General Terms and Conditions in force at the time of placing the Order.

SAS EVOLITUDE shall send the Customer a confirmation of his/her Order by e-mail. The Contract shall come into force on the date of confirmation of the Order (the “Effective Date”).

SAS EVOLITUDE reserves the right to refuse an Order from a Customer who has not paid in full for a previous Order or with whom a payment dispute is being processed.

5. Prices and terms of payment

The prices for our Services are quoted in dollars and are both exclusive of tax – VAT exclusive and inclusive of tax – VAT inclusive.

SAS EVOLITUDE reserves the right to modify its prices at any time and without prior notification. Services will however be billed on the rates in effect at the time of placing an Order.

Payment for Unique Access is payable in full on the day the Order is placed by the Customer as specified in Article 4 above, by secure online payment.

Payments made by the Customer shall only be considered valid once the amounts due have been received.

Invoices will be available on the Personal Account.

SAS EVOLITUDE shall not be liable for any irregularities or fraudulent use of any means of payment.

In the event of non-payment by the Client, SAS EVOLITUDE shall have the right to suspend the provision of Services by written notification to the Client, without prejudice to the right of termination under the terms of Article 12.

6. Time limit for cancellation

Given the nature of the Services provided, Orders placed by the Customer shall not benefit from the right of cancellation. By placing an Order, the Customer expressly waives his/her right of cancellation in accordance with Article L.221-28 13° of the French Consumer Protection Act.

Contracts are thus definitively concluded as soon as an Order is placed in accordance with the terms and conditions set forth in these General Terms and Conditions.

7. Personal Account Management

The Customer hereby consents to the use of electronic mail for the transmission of any information requested by the Customer with respect to the conclusion or performance of the Contract.

The Customer also undertakes to ensure that all information communicated remains correct, sincere and up to date for the proper performance of the Contract. Furthermore, the Customer acknowledges that he/she may only hold one Personal Account.

The customer’s Identifiers/login information are personal and confidential. The storage and use of the Login Information is the sole responsibility of the Customer. The Customer undertakes not to disclose them to anyone in any form whatsoever.

Identifiers can only be changed at the request of the Customer.

All actions carried out on the Website with a customer’s Identifiers shall be deemed to have been carried out by the customer who created the Identifiers. It is the Customer’s responsibility to manage the security of his Personal Account and to adhere to the General Terms and Conditions.

The Customer undertakes to inform SAS EVOLITUDE without delay in the event of loss, theft, misuse or any unauthorized use of his/her Identifiers as soon as he/she becomes aware of them, in order to request that his/her Personal Account be blocked. Any request for blocking of a Personal Account shall be irrevocable.

Upon receipt of such request, SAS EVOLITUDE shall block access to all Services for the Personal Account for which a blocking request has been lodged.

SAS EVOLITUDE shall send a written confirmation of the blocking of the Personal Account to the Client by e-mail.

In case of loss, theft or fraudulent use of one of his Identifiers, the Customer shall be solely responsible for any harmful consequences, without any liability on the part of SAS EVOLITUDE.

SAS EVOLITUDE reserves the right to suspend, restrict access or close a Personal Account if SAS EVOLITUDE is informed of any abnormal use of a Personal Account or if SAS EVOLITUDE has legitimate reasons to believe that the Personal Account has been hacked.

8.  Website maintenance

SAS EVOLITUDE reserves the right to suspend or temporarily limit the supply of the Services in order to carry out maintenance operations or upgrading of the Website or its underlying infrastructure to allow the proper use of the Website, necessary for the continuity of its Services or due to technological evolution.

Except in emergencies, temporary interruptions will, to the extent possible, be notified to the Customer before they occur.

The duration of the Contract will be increased for a period equal to the duration of the temporary interruption if it exceeds 5 days, with no entitlement to compensation by the Customer.

9. Warranty Exclusion

SAS EVOLITUDE undertakes to implement all the necessary measures to ensure the best possible provision of its Services. Its responsibility shall not, however, be engaged in case of non-performance of a contract concluded with a Client, in case of fault on the part of the Client or in the event of force majeure as defined by French law, such as, but not limited to, the interruption of training resulting from a breakdown in Internet access by the ISP.

The Website is accessible via the Internet. Customers acknowledge that SAS EVOLITUDE does not operate or control the Internet and that (i) viruses, worms, Trojan horses or other undesirable data or software, or (ii) unauthorized users (e.g., hackers) may attempt to access and damage Customers’ data, computers or networks. SAS EVOLITUDE shall not be liable for such activities.

10. Intellectual property

All the contents of our Website, whether visual or audio (Training, MCQs, scripts, images, interactive and downloadable exercises, trademarks, graphics, etc.), including the underlying technology, are protected by copyright, trademarks and/or patents. They are, unless otherwise indicated, the exclusive property of SAS EVOLITUDE.

SAS EVOLITUDE is a registered and protected trademark and may not be used by persons other than SAS EVOLITUDE.

Any part or image of the Website may only be downloaded or printed for personal and non-commercial use.

The Client shall not reproduce, copy, sell, resell or exploit for any commercial purpose whatsoever all or part of a Training or Training Support. Furthermore, a Client with a personal website wishing to place, for personal use, on their website a simple link directing to the home page of the SAS EVOLITUDE website, must request prior written authorization from SAS EVOLITUDE.

This does not constitute an implicit agreement of affiliation. On the other hand, any hypertext link leading to the SAS EVOLITUDE website and using the techniques of framing or inline linking is formally prohibited. In any case, any link, even tacitly authorized, will have to be withdrawn immediately on simple request from SAS EVOLITUDE.

11.  Intuitu personae

The right of access to the Training Courses granted to the Customer by virtue of a Contract is strictly personal to the Customer. Consequently, the latter undertakes not to assign or transfer the Contract, nor to give access or allow the use of his Personal Account to a third party without the prior written authorization of SAS EVOLITUDE.

In the event of a breach of this clause, SAS EVOLITUDE shall be entitled to immediately terminate any Contract concluded with the Client by written notification addressed to the Client, without prejudice to possible damages.

12. Termination

12.1 Termination due to breach by the Client

In the event of any breach by the Client, SAS EVOLITUDE shall have the right to suspend access to the Trainings or, following a prior formal notice that has remained inconclusive within a period of seven (7) days, to terminate the Contract by means of a written notification addressed to the Client.

12.2 Consequences of termination

Upon termination of the Contract for any reason whatsoever, SAS EVOLITUDE shall proceed to close the Customer’s Personal Account.

The Client however acknowledges that certain information may be retained in accordance with applicable legal provisions.

13. Personal data protection

Personal data shall be processed in accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, and under the conditions set forth in EVOLITUDE’s Personal Data Protection Policy available at https://mymanagementskills/privacy-policy, which the Customer declares that he/she has read and accepts.

14. Miscellaneous provisions

14.1 Entirety

The terms of these General Terms and Conditions constitute the entirety of the obligations binding the Client and SAS EVOLITUDE and replace any previous agreement, which they purely and simply nullify.

14.2 Partial nullification

In the event that a provision of these General Terms and Conditions is null, illegal, unenforceable or inapplicable in any way whatsoever, the validity, legality or enforceability of the other provisions of these General Terms and Conditions shall in no way be affected or altered. The other stipulations of the General Terms and Conditions shall remain in force and shall retain their full and complete effect.

SAS EVOLITUDE reserves the right to draft a new clause having the effect of restoring the common will of the Parties as expressed in the initial term. This shall be done in compliance with the law in force applicable to these General Terms and Conditions.

14.3 Notification

Any notification under the Contract shall be addressed in writing to SAS EVOLITUDE at the following address:

Aysseline de Lardemelle – SAS Evolitude
41 rue de la Croix
80220 Maisnières – FRANCE
Email: adl@evolitude.com

14.4 Non-waiver

If either Party fails to take action in the event of a breach by the other Party of any of its obligations under this Agreement, this shall not be construed as a waiver of such obligation in the future.

14.5. Applicable Law and Disputes

This Contract shall be governed by French law.

In the event of a dispute concerning the conclusion, interpretation or performance of the Contract, the Customer may have recourse to the following consumer mediator to reach an amicable settlement of the dispute:

     MEDICYS
     73 boulevard de Clichy 75009 Paris
     Tel: 01 49 70 15 93
     contact@medicys.fr

In the absence of an amicable settlement of the dispute, only the court of Amiens shall be competent to settle the dispute.