Terms and conditions

Last update: 09/11/2018

Translated from French. In doubt, the French version will prevail.

 

PART A. GENERAL TERMS AND INFORMATION

Article 1. Purpose

The present “general conditions of use” aim at the legal framework of the modalities of the provision of the services of the site beinnovactiv.com (hereinafter: the “Site”) and their use by “the User”.
The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Any connection to the site is subject to compliance with these conditions. The access to the site by the User means the acceptance of all the conditions described below.

  • In case of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site.
  • BeInnovActiv’ reserves the right to modify unilaterally and at any time the content of these general conditions of use. The date of update of the Terms will be in any case indicated at the top of the page.

Article 2. Legal Notice

The publishing and operation of the site www.beinnovactiv.com are provided by the company Carole Ponchon – BeInnovActiv’ [Auto-entreprise] whose head office is located at 4 rue Chambfort, 69100 Villeurbanne.

Phone: + 33 (0)4 26 64 02 13

Director of the publication: Carole PONCHON, Founder and CEO


Article 3. Hosting

OVH – 2 rue Kellermann – 59100 Roubaix – France


Article 4. Credits

Visuals and illustrations :

Videos:

Content Privacy Policy: SOS RGPD (https://www.sos-rgpd.com)


Article 5. Objective and quality of contents

This site aims to inform the general public, professionals and the media around sport and physical activity as a tool for the development of individuals and society. BeInnovActiv’ strives to provide quality and verified information, however if any information appears inaccurate or contains a typographical error, you may report it to the site administrator.


Article 6. Using BeInnovActiv’s brand

The BeInnovActiv’ word mark and visual (logos) well as its slogan “Dream.Believe.Become” are protected.

Their use without written authorization from the founder of BeInnovActiv’, on any support, for purposes of valuation of products or services, in particular for commercial purposes, is prohibited under pain of criminal and civil proceedings.

BeInnovActiv’ is the exclusive owner of all intellectual property rights relating to the structure and content of the site www.beinovactiv.com.


Article 7. Reusing the contents

Unless otherwise stated, the reuse of the content of beinnovactiv.com is subject to the rules specified below.

The texts, information, visuals and all content available on the site are educational and informative and are made available by BeInnovActiv’ under the following conditions:

  • Attribution: you must credit the contents, include a link to the website www.beinnovactiv.com and specify the date on which the content was extracted from the site. You must provide this information by any reasonable means, without however suggesting that BeInnovActiv’ supports you or supports the way you have used its content.
  • No commercial use: You are not authorized – except express agreement to request from carole.ponchon[at]beinnovactiv.com – to make commercial use of these contents, all or part of the material composing them.
  • No changes.

Article 8. How to credit the contents of BeInnovActiv’ that I reuse?

The user who wishes to reuse the contents made available as per the previous article MUST indicate:

  • The title associated with the content,
  • The authorship of the content by the following statement: “Source: BeInnovActiv’ – https://www.beinnovactiv.com”,
  • Tracking the date the content was extracted from the site: “DD / MM / YYYY”.


 

PART B. USERS SPECIFIC TERMS AND CONDITIONS

Article 9. Definitions

The purpose of this clause is to define the various essential terms of the contract:

  • User: this term refers to any person who uses the site or any of the services offered by the site.
  • User content: this is the data transmitted by the User within the site.
  • Member: the User becomes a member when identified on the site.
  • Login and password: this is all the information needed to identify a user on the site. The username and password allow the User to access services reserved for members of the site. The password is confidential.

Article 10. Access to services for the User

The site allows the User free access to the following services:

  • Access to the BeInnovActiv’ Bonus (every 2 months);
  • Articles and contents of the blog;
  • Publication of comments.

The site is accessible free of charge to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense.

The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit to reaching this result.

Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage the responsibility of beinnovactiv.com.

Access to the services of the site may be subject to interruption, suspension, modification without notice for maintenance or any other case at any time. The User commits not to claim any compensation following the interruption, the suspension or the modification of this contract.

Non-Member User does not have access to member services. For this, the user must identify himself using his username and password.

The User has the possibility to contact the site by email at the address contact@beinnovactiv.com.


Article 10.Bis. Access to Services for the Member

The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit to reaching this result.

Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage the responsibility of beinnovactiv.com.

Access to the services of the site may be subject to interruption, suspension, modification without notice for maintenance or any other case at any time. The member commits not to claim any compensation following the interruption, the suspension or the modification of this contract.

The Premium Member Content may be subject to territorial and/or time period restrictions. BeInnovActiv’ may change the way in which it provides access to the Premium Member Content and will use reasonable endeavours not to make changes that materially adversely affect you during any Service Period for which you have already paid the Fee at the relevant time, unless it is beyond BeInnovActiv’s reasonable control (for example but without limitation for legal or regulatory reasons).

  • Payment

The Member must pay the subscription fee (the “Fee”) applicable to the Service Period he/she has subscribed for, in accordance with the fee plan notified to him/her at the time of registration.

  • Availability of digital products and services & intellectual property:

The Premium Member Content is to be used by only one individual per username. Products and services are delivered immediately after payment validation. They are intended for use by a person or by a company. All items delivered by BeInnovActiv’, whether visual or audio, texts, layouts, illustrations, photographs, documents, services, database, documents and other elements, including the underlying technology, are protected by copyright, trademarks, and patents. The sharing of content to third parties and/or their resale is prohibited and punishable by law.

  • Terms of delivery and delivery times:

The products and services are delivered electronically in the form of downloads or access to a member area immediately after validation of the payment.
For example, the customer will have access to the training once the payment has been received by BeInnovActiv’ (subject to other indications presented expressly at the time of purchase, eg start date of a training ). Upon confirmation of the purchase, the customer will receive an email informing him/her about the time and manner of access to the service.

  • Disclaimer of warranties:

BeInnovActiv’ cannot be held responsible for any direct or indirect damage that may result from the use of the products offered, or the unavailability of content and/or the site.
Likewise, it is the client’s responsibility to ensure that the application of the advised strategies respects the regulatory and legal provisions of its jurisdiction.
Finally, it is the customer’s responsibility to download the products ordered directly upon receipt of the email providing him/her access to the files. Long-term file storage is not guaranteed.

  • Complaint and right of withdrawal concerning online training:

No refund is made after receipt of the product or service ordered. These are delivered electronically in the form of downloads or access to a member area. The Customer has a right of withdrawal, except pursuant to Article L. 212-20_2 of the French Consumer Code. According to the latter, the legal withdrawal period of 7 days does not apply, since the implementation of the service has begun. The regulation excludes from the legal withdrawal period the “provision of audio or video recordings, or computer software when they have been unsealed by the consumer”. The legal withdrawal period is therefore null from the moment when the ordered product is received. As a result, online training orders are firm and final and cannot lead to refunds, exchange or exercise of a right of withdrawal.

The Member has the possibility to contact the site by email at contact@beinnovactiv.com.


Article 11. Intellectual Property

The trademarks, logos, signs and other content of the site, including the video recordings of the Formations and the supports used in the framework of the Formations, are protected by the Intellectual Property Code and more particularly by the copyright.

As indicated in Part A of this terms and conditions, no reproduction, even partial envisaged in the article L.122-5 of the Code of the intellectual property, can be made of this site without the authorization of the director of publication. Also, all disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of BeInnovActiv ‘are strictly prohibited and may be subject to prosecution.

The User MUST request the prior authorization of the site for any reproduction, publication, copy of the various contents.
The User agrees to use the contents of the site in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.

Any content posted by the User is his sole responsibility. The User agrees not to put online content that may affect the interests of third parties. Any legal action brought by an injured third party against the site will be borne by the User.
The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the User Content.


Article 12. Personal Data

The information required for registration on the site is necessary and mandatory for the creation of the account of the User. In particular, the email address may be used by the site for the administration, management and animation of the service.

The site assures the User a collection and treatment of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data, files and freedoms.
Under Articles 39 and 40 of the law dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right via:

  • his personal space;
  • a contact form;
  • by email to contact@beinnovactiv.com.

For more information on the privacy policy of BeInnovActiv’, refer to the dedicated page.


Article 13. Liability and force majeure

The sources of information disseminated on the site are deemed reliable. However, the site reserves the faculty of a non-guarantee of the reliability of the sources. The information given on the site is for informational purposes only. Thus, the User assumes sole responsibility for the use of the information and contents of this site.

The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks related to the use of his username and password. The site declines all responsibility.
Any use of the service by the User directly or indirectly resulting in damage must be compensated for the benefit of the site.

An optimal guarantee of the security and the confidentiality of the transmitted data is not ensured by the site. However, the site is committed to implementing all necessary means to best guarantee the security and confidentiality of data.
The responsibility of the site cannot be committed in case of force majeure or the unpredictable and insurmountable fact of a third person.


Article 14. Hypertext links

Many outgoing hypertext links are present on the site, however, the web pages where these links lead do not engage the responsibility of beinnovactiv.com who does not have the control of these links. The User is therefore prohibited to engage the responsibility of the site concerning the content and the resources relating to these outgoing hypertext links.

In addition, it is possible to create a link to the presentation page of this site without the express permission of BeInnovActiv’ which will not require any authorization or request for prior information regarding a site that wishes to link to the publisher’s website. However, this site should be displayed in a new browser window. Note that BeInnovActiv‘ reserves the right to ask for the deletion of a link should it be considered not in conformity with the object of the site beinnovactiv.com.


Article 15. Publication by the User

The site allows users and members to post comments. In its publications, the user and the member undertake to respect the rules of the Netiquette and the rules of law in force.
The site exercises a moderation a priori on the publications and reserves the right to refuse their putting on line, without having to justify it to the member.

To the extent that BeInnovActiv’ is notified of or become aware that the user has made a submission that is in breach of these Terms, we will delete or amend it and we reserve the right to remove your submission and/or terminate your Website Account without notification, either temporarily or permanently, and to take any other action we consider appropriate, including legal action.

By making a submission, the user/member acknowledges and represents that:

  • He/She has the copyright owner of such Submission, or has been granted the express permission of the copyright owner to make the Submission;

Notwithstanding any other provision within these Terms, by making a Submission, the user/member retains all ownership rights in the Submission, and grant to BeInnovActiv’:

  • a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence (with rights to sub-license) to reproduce, adapt, translate, reformat, display and/or distribute any such Submission (including, but not limited to, for promoting the Website and/or making the Submission available to other users of the Website) without acknowledging the source.

The User/Member understands and acknowledges that no sum (including compensation) will be paid to him/her with respect to the use of his/her Submission and that BeInnovActiv’ shall be under no obligation to use all or part of the Submission either on the Website or for any other reason.


Article 16. Advertising

BeInnovActiv’ reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which BeInnovActiv’ will be the sole judge.


Article 17. Evolution of the Terms and Conditions

The site reserves the right at any time to modify the clauses stipulated in this contract. Users will be informed of these changes by any useful means. In particular and as indicated in Article 1, the date of the latest update of the Terms and Conditions will, in any case, be indicated at the top of the page.


Article 18. Duration

The duration of this contract is indefinite. The contract has effect with respect to the User as soon as he/she will start using of the service.


Article 19. Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.


Article 20. Applicable Law and Jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the latter agree that the courts of Lyon and Villeurbanne (France) will be exclusively competent to judge, except contrary mandatory rules of procedure.