GENERAL TERMS AND CONDITIONS OF SALE

Last updated on January 20, 2024

Welcome, and thank you for your trust. Below are the General Terms and Conditions of Sale applicable to the INTELLIGENTE&AUDACIEUSE website. Please note that INTELLIGENTE&AUDACIEUSE provides its Customers and website Users with customer service, which can be contacted as follows:

By email at: fatima@intelligenteetaudacieuse.com
By mail to the following address: 17 rue de Sens, 89150 Vallery

ARTICLE 1: DEFINITIONS

Terms that begin with a capital letter refer to the following definitions:

The “Company” refers to Ms. Fatima Zahra Mouradi, operating as a sole proprietorship with SIREN number 914 270 970 and whose registered office is located at 17 RUE DE SENS – 89150 VALLERY – France – with identification number 914270970.

The “Site” refers to the website(s) accessible via the URL https://intelligenteetaudacieuse.com/ and all websites published by INTELLIGENTE&AUDACIEUSE to showcase and sell its Services.

"User" means any person browsing the Site.

"Service" refers toall services available for purchase on the Website, including, in particular, the following services:

Services providing access to training modules, which may include coaching services (Training Services).
Online webinar-style conference (live stream or registration for a live event)
Downloadable e-book-style documents

"Order" meansany subscription to a Service by the Customer through INTELLIGENTE&AUDACIEUSE via the Website.

"Client" meansthe individual or legal entity, whether a business or not, that subscribes to a Service from INTELLIGENTE&AUDACIEUSE.

The“General Terms and Conditions ofSale” or “GTC” refer tothese general terms and conditions of sale, which apply to the contractual relationship between INTELLIGENTE&AUDACIEUSE and its Customers, and include the privacy policy that may be available on the Website and any element of the Website to which they expressly refer.

"Login Credentials" refers tothe username and password provided by INTELLIGENTE&AUDACIEUSE to the Customer so that the Customer may access the subscribed Service via the Website or any other means of connection.

“Partner” meansany business partner with whom INTELLIGENTE&AUDACIEUSE maintains a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.

"Training" refers to any online training offering whose content is presented on the Site, generally consisting of videos, audio recordings, quizzes, instructional materials, written training materials, quizzes, recorded webinars, and, in some cases, access to a support group.

“Content” refers to the digital data and content (including, but not limited to, videos, audio recordings, tests, educational materials, etc.) provided to Users or Customers by INTELLIGENTE&AUDACIEUSE, either free of charge or for a fee, in connection with access to the Site or the Service.

"Personal Space" refers to any online space made available to the Customer by INTELLIGENTE&AUDACIEUSE as part of the Service, accessible using the Customer's login credentials.

ARTICLE 2: SCOPE OF APPLICATION

1. Purpose. These Terms and Conditions govern the provision of the Service to the Customer, including the terms of use for the Website published and made available by INTELLIGENTE&AUDACIEUSE.

2. Access to the Terms and Conditions. The Terms and Conditions are available at any time on the Website and, where applicable, take precedence over any other version, whether prior or future. The Terms and Conditions take effect as of the update date indicated at the top of this document and apply to the exclusion of all other terms and conditions, including, in particular, those applicable to sales through other distribution and marketing channels.

3. Acceptance of the Terms and Conditions. Prior to placing any Order, the Customer declares that they have read and accepted the Terms and Conditions, which implies unconditional acceptance of the Terms and Conditions. By accepting these Terms, the Customer acknowledges that, prior to placing any Order, they received sufficient information and advice from INTELLIGENTE&AUDACIEUSE on the Website, enabling them to ensure that the content of the Order meets their needs. These Terms constitute the entirety of the parties’ rights and obligations within the framework of their contractual relationship.

By placing an Order, the Customer represents that he or she is of legal age and has the legal capacity to enter into contracts under the laws of his or her country, or represents that he or she is acting, pursuant to a valid power of attorney, on behalf of the person for whom he or she is subscribing to the Service. In any event, the Customer warrants that he or she has the necessary authorization to use the payment method selected when confirming the Order.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances, and transactions.

4. Scope of the Terms and Conditions. The Customer may request a copy of the version of the Terms and Conditions applicable to their Order at any time. No specific terms and conditions proposed by the Customer may be added to and/or substitute for these Terms and Conditions. INTELLIGENTE&AUDACIEUSE reserves the right to establish special terms and conditions for its Services, special offers, special warranties, etc., which are provided to the Customer prior to the Order. The fact that INTELLIGENTE&AUDACIEUSE, at any given time and for any reason whatsoever, does not invoke a breach by the Customer of any of the obligations contained herein shall not be construed as a waiver of the right to invoke such provisions in the future.

ARTICLE 3: SERVICE FEATURES

1. Description. The Customer may refer to the description of the Service on the Website, which is summarized on the Order page and in the confirmation email. The Customer is expressly advised that any Service offering is subject to change. The Customer is entitled only to the Service described at the time the Order is placed. When the contract entered into with INTELLIGENTE&AUDACIEUSE concerns the provision of digital content or digital services (excluding other services that do not qualify as digital services), the service is provided “as is,” and no minimum level of service quality is guaranteed to the Customer.

2. Language. The Service is provided by INTELLIGENTE&AUDACIEUSE in French.

3. Information About the Services. The Services governed by the Terms and Conditions are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, INTELLIGENTE&AUDACIEUSE shall not be held liable unless the error or omission concerns a substantial element of the offer in question.

4. Version and Updates. The Service subscribed to by the Customer is provided in the version current as of the date of purchase. Updates are not included in the price of the Service.

5. Phone Consultation. INTELLIGENTE&AUDACIEUSE offers the Customer an optional, free personalized consultation prior to subscribing to any Service through the Site. Interested users may select a time slot (day, time) that suits them by providing certain personal information (name, email, phone number) and answering specific questions regarding their current or future professional activity. Once an appointment is scheduled, the User is obligated to keep it. If the User fails to show up for a scheduled appointment, INTELLIGENTE&AUDACIEUSE reserves the right to refuse to schedule a new appointment.

6. Delivery of Modules. For an online training course consisting of one or more modules, “delivery” refers to making the first module, session, or document of the ordered training course available to the Customer using the login credentials created by the Customer or provided by INTELLIGENTE&AUDACIEUSE after the Order is placed, or via any other electronic delivery method specified at the time of the Order. The Customer expressly agrees that they may not request immediate access to all modules immediately after placing their Order, but that these will be delivered to them in accordance with the terms set forth in the contract.

Subject to the provisions regarding the right of withdrawal set forth in Article 7 herein, for any Training Course:

Lasting less than two months and consisting of only one module, this module is delivered immediately after the order is confirmed,
Lasting more than two months and consisting of at least two modules, the first module is delivered immediately after the Order is confirmed, and the subsequent modules are delivered at one-month intervals.

7. Online Community Forums and Groups (hereinafter: “Group(s)”). INTELLIGENTE&AUDACIEUSE may make online support groups or community forums available to its Customers, accessible on the Site or on third-party sites such as online platforms. Access to a Group may be contingent upon the Customer submitting a membership request for that Group. INTELLIGENTE&AUDACIEUSE may create and delete Groups based on the needs of its business and may, if necessary, ask the Customer to resubmit their membership request. If the Customer has difficulty accessing a Group for which membership is included in the Service, they are invited to contact INTELLIGENTE&AUDACIEUSE by email. Except in cases of an exceptionally high volume of requests, requests to join a Group and support requests will be processed within 72 hours.

Unless otherwise specified at the time of the Order, access to a Group is not included in the price of the Service. When access to a Group is provided with the Service, the duration of access to the Group may be limited to the term of the Service.

Use of these Groups may be subject to compliance with the rules of use established by INTELLIGENTE&AUDACIEUSE and, where applicable, by the operator of the online platform hosting the Group. In the event of non-compliance with these rules of use, INTELLIGENTE&AUDACIEUSE reserves the right to issue a warning, impose sanctions, or even revoke the Customer’s access rights, without prejudice to any measures that may be taken by the online platform operator.

In any event, the Customer shall refrain from any publication, comment, message, or other communication that is prohibited by law or regulation or that infringes upon the rights of third parties or INTELLIGENTE&AUDACIEUSE. Any post or content that constitutes a criminal offense or is intended to incite the commission of a criminal offense (threats, incitement to hatred or violence, glorification of terrorism, discrimination, fraud, identity theft, infringement of intellectual property rights, spam, insults, defamation, harassment, obscene content, etc.) may be removed and will result in the Customer’s exclusion from the Group and the immediate and permanent termination of the Service, without any entitlement to compensation. The Customer is also expressly informed that the aforementioned posts or content may result in legal action by INTELLIGENTE&AUDACIEUSE or by third parties who may have been harmed by them.

Furthermore, INTELLIGENTE&AUDACIEUSE exercises no control over any groups that are not created at its initiative but rather at the initiative of third parties, including a Customer, and of which it is not the administrator. INTELLIGENTE&AUDACIEUSE shall in no event be held liable, under any circumstances, for the actions of members of such Groups or for any other damages resulting from the use of such Groups that are not under its control or of which it is not the administrator.

8. Support Groups. INTELLIGENTE&AUDACIEUSE may create support groups among its Customers, which may be subject to rules of conduct and usage. Unless otherwise specified at the time of the Order, access to a group is not included in the price of the Service.

INTELLIGENTE&AUDACIEUSE reserves the right to make access to a group subject to compliance with the rules and allows INTELLIGENTE&AUDACIEUSE to issue warnings, impose sanctions, or even revoke a Customer’s access rights in the event of a violation of these rules. Members may assist one another provided that such assistance does not violate any of the group’s rules.

Furthermore, INTELLIGENTE&AUDACIEUSE exercises no control over any groups that are not created at its initiative but rather by third parties—including a Customer—and of which it is not the administrator. INTELLIGENTE&AUDACIEUSE shall in no event be held liable in any way for the actions of members of these Facebook groups or for any other damages resulting from the use of these Facebook groups that are not under its control or of which it is not the administrator.

9. Access to Groups. When access to a group is provided as part of the Service, the duration of access to the group is limited to the term of the Service. INTELLIGENTE&AUDACIEUSE may create and delete groups based on current Orders and transfer the Customer to an equivalent group. The Customer must submit a request for access to the group by providing the email address used when placing the Order. This request will be processed within a maximum of 48 hours. If the request is denied, the Customer is asked to resubmit the request, paying particular attention to the email address entered.

ARTICLE 4: TERM OF SERVICE

The Service is provided to the Customer for the term specified on the Website at the time the Customer places the Order. In connection with the provision of digital content or digital services, the Customer is expressly informed that eligibility for certain promotions is subject to a minimum commitment period, which will be specified at the time the Customer places the Order.

If no duration is specified, the Service remains accessible for at least one year after the Service has been fully delivered, and INTELLIGENTE&AUDACIEUSE may revoke access at any time thereafter. In the event of the purchase of an online course or any other offer providing access to digital content, materials are provided in PDF, audio, or video format, and it is the Customer’s responsibility to download the latest version of these materials before their access rights to the Service expire.

Article L215-1 of the Consumer Code: “For service contracts entered into for a fixed term with a tacit renewal clause, the service provider shall inform the consumer in writing—by a personalized letter or dedicated email—no earlier than three months and no later than one month before the end of the period during which the consumer may reject the renewal—of the option not to renew the contract entered into with a tacit renewal clause. This information, provided in clear and understandable terms, must include, in a prominent box, the deadline for opting out of renewal.”

If this information was not provided to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time on or after the renewal date.

Advances made after the last renewal date or, in the case of indefinite-term contracts, after the date on which the initial fixed-term contract was converted, shall in such cases be reimbursed within thirty days of the termination date, less the amounts corresponding to the performance of the contract up to that date.

The provisions of this article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information.

Notwithstanding the first paragraph of this article, for contracts for the provision of television services as defined inArticle 2 of Law No. 86-1067 of September 30, 1986, on freedom of communication, and for contracts for the provision of on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time following the first renewal, provided that the consumer changes residence or the composition of the consumer’s tax household changes.”

Article L215-2 of the Consumer Code: “The provisions of this chapter do not apply to operators of drinking water and wastewater services.”
Article L215-3 of the Consumer Code: “The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.”
Article L241-3 of the Consumer Code: “If the merchant has not issued a refund in accordance with the terms set forth in Article L. 215-1, the amounts owed shall accrue interest at the statutory rate.”

ARTICLE 5: ORDER

1. Ordering on the Website. After selecting the Service they wish to subscribe to on the Website, the Customer is directed to an Order page where they enter their contact information and payment details (one-time payment or installment plan, payment method). The Customer is solely responsible for the accuracy of the information provided and indemnifies INTELLIGENTE&AUDACIEUSE against any misrepresentation of identity. In particular, the Customer must have a functional email account capable of sending and receiving messages. Otherwise, the Customer will not be able to receive written confirmation of their Order at the email address provided, nor will they receive their access codes for the Service.

The Customer may not hold INTELLIGENTE&AUDACIEUSE liable for any breach resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Service.

2. Obligation to Pay. Any Order received by INTELLIGENTE&AUDACIEUSE is deemed firm and final, constitutes full and complete acceptance of the Terms and Conditions as set forth, and entails an obligation to pay for any Service ordered.

3. Electronic Signature: The online submission of the Customer’s bank details and the final confirmation of the Order shall constitute (i) proof of the Customer’s consent, ( ii) the due and payable status of the amounts owed under the Order placed, and (iii) the signature and express acceptance of all actions performed during the Order process on the Website (checking or unchecking boxes, clicking to confirm, etc.).

4. Order Confirmation. After reading and accepting the Terms and Conditions on the Order page, the Customer is directed to a page summarizing their Order, where they enter their banking information before confirming payment. It is the Customer’s responsibility to verify the summary information for their Order and correct it if necessary before confirming payment for the Order. This second click definitively confirms the Customer’s Order.

5. Order Confirmation. The Customer receives an email confirming and summarizing their Order as soon as the payment is successfully processed by INTELLIGENTE&AUDACIEUSE or its payment service provider.

6. Proof of the Transaction. The electronic records stored in INTELLIGENTE&AUDACIEUSE’s computer systems under reasonable security conditions shall be considered proof of communications, Orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

ARTICLE 6: RATE TERMS

1. Applicable Rates. The subscribed Service is provided at the rates in effect as listed on the Site at the time INTELLIGENTE&AUDACIEUSE processes the Customer’s Order, The Customer may obtain up-to-date information on all applicable rates and any maintenance fees in the “I Recommend” or “Blog” section of the Website or by contacting INTELLIGENTE&AUDACIEUSE at: fatima@intelligenteetaudacieuse.com

The Service may be provided not in exchange for payment but in exchange for the provision of personal data (such as last name, first name, email address, and phone number), which may be used for marketing purposes, with the Customer’s express, free, and informed consent.

Prices are listed in euros, and VAT does not apply to the Service.

In the case of international sales, all applicable customs duties and other taxes are the responsibility of the Customer and fall solely under the Customer’s responsibility. INTELLIGENTE&AUDACIEUSE assumes no liability in this regard, and the Customer is solely responsible.

2. Payment Due Date. Confirmation of the Order makes all amounts due under the Order payable immediately. By confirming their Order, the Customer authorizes INTELLIGENTE&AUDACIEUSE (or its Partners and payment service providers) to send instructions to their bank to debit the bank account whose details were provided by the Customer, in accordance with any payment due dates indicated in the Order summary.

3. Payment Method. To pay for their Order, Customers may choose from any of the payment methods made available to them by INTELLIGENTE&AUDACIEUSE on the Website.

Direct Debit: The Customer selects the direct debit method using the secure systems and services provided by third parties on the Site, which are subject to their own contractual terms and conditions over which INTELLIGENTE&AUDACIEUSE has no control—including, for example, Stripe (https://stripe.com/payment-terms/legal), PayPal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR), or GoCardless (https://gocardless.com/fr-fr/legal). In this case, payment is made via SEPA direct debit or using the provided credit card information, depending on the payment method offered by the payment service provider and the Customer’s choice. INTELLIGENTE&AUDACIEUSE reserves the right to use the payment service providers of its choice and to change them at any time.

4. Authorization to Charge. By providing their banking information at the time of purchase, the Customer authorizes INTELLIGENTE&AUDACIEUSE to charge the account the amount indicated on the Site for the corresponding Service. The Customer warrants to INTELLIGENTE&AUDACIEUSE that he or she is of legal age and has any necessary authorization to use the payment method selected by him or her at the time of confirming the Order Form.

5. Special Offers and Discount Coupons. INTELLIGENTE&AUDACIEUSE reserves the right to offer time-limited introductory offers, promotional offers, or price reductions on its Services, and to revise its offers and rates on the Site at any time, in accordance with the terms provided by law. The applicable rates are those in effect at the time of the Customer’s Order; the Customer may not claim any other rates, whether prior to or after the Order. Discount coupons may be subject to specific terms and conditions and are, in any case, strictly personal to the recipient and may be used only once.

6. Payment Issues – Fraud. INTELLIGENTE&AUDACIEUSE reserves the right to suspend any Order processing and any provision of the Service in the event that a credit card payment is declined by officially accredited organizations or in the event of non-payment. In particular, INTELLIGENTE&AUDACIEUSE reserves the right to refuse to fulfill an Order placed by a Customer who has not paid for a previous Order in full or in part, or with whom a payment dispute is pending.

INTELLIGENTE&AUDACIEUSE may contact the Customer to request additional documentation in order to process payment for the Order. INTELLIGENTE&AUDACIEUSE may rely on the information provided by the Order analysis system. Providing the requested documentation is necessary for INTELLIGENTE&AUDACIEUSE to confirm the Order. To combat credit card fraud, INTELLIGENTE&AUDACIEUSE may conduct a visual verification of the payment method before making the Service available. In the event of fraudulent use of their credit card, the Customer is asked to contact INTELLIGENTE&AUDACIEUSE as soon as such use is detected, without prejudice to any steps the Customer must take with their bank.

7. Default or Late Payment. Interest and penalties provided for by law shall apply in the event of default or late payment by a consumer or business customer.

ARTICLE 7: RIGHT OF WITHDRAWAL

Time Limit. The Customer may cancel the contract entered into with INTELLIGENTE&AUDACIEUSE without providing a reason within fourteen calendar days, beginning on the day following the Order (the day after the contract is signed). If the time limit expires on a Saturday, Sunday, or public holiday, it is extended until the end of the first working day following that date.

Exercise. To exercise the right of withdrawal, the Customer must notify fatima@intelligenteetaudacieuse.com at 17 rue de Sens, 89150 Vallery, FRANCE, of their decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by mail, fax, or email). The Customer may use the model withdrawal form, but this is not required. This is a consumer right and not a commercial warranty.

In the event of a cancellation of one or more Services, INTELLIGENTE&AUDACIEUSE will refund the amount paid no later than fourteen days from the day after receipt of the cancellation notice, using the same payment method used for the original transaction, unless the Customer agrees to a different method.

WITHDRAWAL FORM TEMPLATE

Please complete and return this form only if you wish to withdraw from the contract.

To the attention ofMs. Mouradi at 17 rue de Sens, 89150 Vallery – FRANCE:

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of services (*) described below:

Ordered on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is submitted in paper form):

Date:

(*) Delete as appropriate.

PLEASE NOTE: THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CIRCUMSTANCES IN THE EVENT OF:

The provision of services that have been fully performed before the end of the withdrawal period and for which performance began after the consumer’s prior express consent and express waiver of their right of withdrawal;
Supply of digital content not provided on a tangible medium, where performance began after the consumer’s prior express consent and express waiver of the right of withdrawal;
The supply of audio or video recordings or computer software when the consumer has unsealed them after delivery;
Supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
Supply of goods made to the consumer's specifications or clearly personalized;
The provision of accommodation services (other than residential accommodation), freight transportation services, car rentals, food and beverage services, or recreational activities that must be provided on a specific date or during a specific period (conference, live event, etc.);
When the Customer is a business.
When the contract was entered into for current or future business purposes.

If the Customer requests a service immediately after placing the Order—without waiting for the withdrawal period to end—but does not waive their right in the cases provided for above, they shall pay INTELLIGENTE&AUDACIEUSE an amount corresponding to the Service provided up until the time they notified their decision to withdraw. This amount is proportional to the total price of the service agreed upon at the time of the Order. If the total price is excessive, the appropriate amount shall be calculated based on the market value of what was provided.

Subject to legal exceptions and where required by law, the Customer may be asked at the time of placing the Order to indicate their consent to receive the Service before the end of the withdrawal period and/or to waive their right of withdrawal by checking a box or through any other appropriate means. Failing that, INTELLIGENTE&AUDACIEUSE reserves the right not to send any content to the Customer before the fourteen-day period expires, which the Customer expressly accepts.

Termination of Service Upon Exercise of the Right of Withdrawal. The exercise of the right of withdrawal terminates the parties’ obligation either to perform the contract or to enter into it when the consumer has made an offer. Exercising the right of withdrawal from a main contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for by law. The Customer is therefore informed that INTELLIGENTE&AUDACIEUSE will immediately terminate the Service if the right of withdrawal is exercised.

ARTICLE 8: TERMS OF ACCESS TO THE WEBSITE AND THE SERVICE

1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs associated with accessing the Site—including hardware, software, and Internet access fees—are the sole responsibility of the User. INTELLIGENTE&AUDACIEUSE shall not be held liable for any property damage resulting from the use of the Site. Furthermore, the User agrees to access the Site using up-to-date hardware that is free of viruses and a latest-generation, up-to-date web browser. The User is solely responsible for the proper functioning of their computer equipment and their Internet connection in order to access the Site and the Service.

2. Access to the Service. INTELLIGENTE&AUDACIEUSE will provide the login credentials required to access the Service no later than 24 hours from the date and time the Customer placed their Order, subject to the Customer’s bank accepting the payment. It is therefore essential to provide a valid email address. The terms of access to the Service may vary depending on the conditions for exercising the right of withdrawal, in accordance with the terms set forth in the Terms and Conditions and applicable law.

The Customer is asked to contact INTELLIGENTE&AUDACIEUSE if they have not received or have lost their Login Credentials so that they can be reset within 48 hours. The subsequent provision of the login credentials releases INTELLIGENTE&AUDACIEUSE from any liability toward the Customer, who may not hold it responsible for any unavailability of the Service.

3. Individual and Personal Nature of Login Credentials. Any login credentials provided by INTELLIGENTE&AUDACIEUSE to the Customer are strictly personal, individual, confidential, and non-transferable. The Customer agrees to subscribe to the Service solely for personal use and declares that they will not resell, distribute, or rent to third parties all or part of the Services, including the content of the Services or any other product received as part of their Order. Any Customer who fails to comply with this commitment may be subject to legal action. The Customer shall be liable for any unauthorized, fraudulent, or abusive use of their Login Credentials and shall immediately notify INTELLIGENTE&AUDACIEUSE of any loss or theft thereof. In the event of a proven violation of the terms of access to the Site or Service, INTELLIGENTE&AUDACIEUSE reserves the right to suspend access to the Service without compensation, prior notice, or prior notification.

4. Number of Accesses. Unless otherwise specified in special terms and conditions providing for more extensive access, a Customer’s subscription to a Service includes access rights for only one person, regardless of the number of the Customer’s employees or locations. If the Customer wishes to grant access to the Service to multiple employees, collaborators, partners, or any other individuals, the Customer must enter into as many contracts as there are individuals for whom access to the Service is desired.

5. Maintenance. The Site may undergo maintenance, and INTELLIGENTE&AUDACIEUSE reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Site or the Service without prior notice in order to perform maintenance (including through updates) or for any other reason, without such interruption giving rise to any obligation or entitlement to compensation.

6. Contractual Liability. INTELLIGENTE&AUDACIEUSE uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site and the Service, but is under no obligation to do so. In particular, INTELLIGENTE&AUDACIEUSE cannot be held liable for any network or server malfunctions or any other event beyond its reasonable control that would prevent access to the Site or the Service.

7. Use in Good Faith – Third-Party Sites. Any user-generated content area on the Site to which the Customer may have access as part of a Service, including on social media and in groups, must be used in good faith. The Customer shall refrain from making any defamatory, threatening, hateful, intolerant, obscene, or similar remarks, and from publishing any disparaging content that could infringe upon the rights of INTELLIGENTE&AUDACIEUSE, other Users, or third parties, or that is contrary to the law.

INTELLIGENTE&AUDACIEUSE reserves the right to deny access to all or part of the Site, the Service, user-generated content areas, and groups, or to restrict access rights to user-generated content areas and groups, unilaterally and without prior notice, to any Customer who fails to comply with the Terms of Service, any terms of use for the Site, the Service, and/or any third-party sites, platforms, and tools accessible through the Service, or, more generally, any legal or regulatory obligation.

The Customer agrees to familiarize themselves with and comply with the terms of use of all third-party websites, social media platforms, and tools accessible through the Service. INTELLIGENTE&AUDACIEUSE has no control over these terms and disclaims all liability in the event of the Customer’s suspension or any dispute the Customer may have with such third-party sites.

ARTICLE 9: WARRANTY OF CONFORMITY

THE CUSTOMER IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO BUSINESS CUSTOMERS OR TO SERVICES OTHER THAN DIGITAL SERVICES, REGARDLESS OF WHETHER THE PROFESSIONAL USES DIGITAL FORMATS OR MEANS TO CREATE THE SERVICE PRODUCT, DELIVER IT, OR TRANSMIT IT TO THE CONSUMER.

The consumer has two years from the date of delivery of the digital content or digital service to seek enforcement of the statutory warranty of conformity in the event that a lack of conformity arises. For a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, not the date on which it first appeared.

The statutory warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.

The statutory warranty of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay upon request, at no cost and without significant inconvenience to the consumer.

The consumer may obtain a price reduction while retaining the digital content or digital service, or may terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:

(1) The business refuses to bring the digital content or digital service into compliance;

(2) The bringing of the digital content or digital service into compliance is unduly delayed;

(3) Bringing the digital content or digital service into compliance may not result in any costs being imposed on the consumer;

(4) Bringing the digital content or digital service into compliance would cause significant inconvenience to the consumer;

(5) The nonconformity of the digital content or digital service persists despite the supplier’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the consumer is not required to first request that the digital content or digital service be brought into conformity.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring it to compliance shall suspend the warranty that would otherwise have remained in effect until the digital content or digital service is once again in compliance.

The rights mentioned above arise from the application of Articles L. 224-25-1 through L. 224-25-31 of the Consumer Code.

A business that, in bad faith, obstructs the enforcement of the statutory warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10 percent of its average annual revenue (Article L. 242-18-1 of the Consumer Code).

In addition, the consumer is covered by the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for relinquishing the digital content or digital service.

The consumer is entitled to have the statutory warranty of conformity enforced if a lack of conformity arises at any time during the term of their subscription, starting from the date of delivery of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it arose.

The statutory warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the subscription period.

The consumer may obtain a price reduction while retaining the digital content or digital service, or may terminate the contract and receive a full refund in exchange for returning the digital content or digital service, if:

(1) The business refuses to bring the digital content or digital service into compliance;

(2) The bringing of the digital content or digital service into compliance is unduly delayed;

(3) Bringing the digital content or digital service into compliance may not be done at any cost to the consumer;

(4) Bringing the digital content or digital service into compliance would cause significant inconvenience to the consumer;

(5) The nonconformity of the digital content or digital service persists despite the supplier’s unsuccessful attempt to bring it into conformity.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.

These rights arise from the application of Articles L. 224-25-1 through L. 224-25-31 of the Consumer Code.

The consumer is also covered by the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for relinquishing the digital content or digital service.

ARTICLE 10: PROTECTION OF PERSONAL DATA

INTELLIGENTE&AUDACIEUSE respects the privacy of its Users and Customers. It is committed to ensuring that the collection and automated processing of their data—for the purposes of managing contracts and Orders, providing and improving the Site and the Service, conducting marketing activities, and resolving disputes—comply with the General Data Protection Regulation (GDPR) and the French Data Protection Act in its latest version.

In order to provide the service or certain digital content, INTELLIGENTE&AUDACIEUSE must collect and process the following data regarding the Customer: last name, first name, email address, phone number, billing address, and bank account information.

Customers’ personal data will not be retained beyond the period strictly necessary to fulfill the stated purposes. Certain data used to establish proof of a right or a contract may be subject to an interim archiving policy for a period corresponding to the statutes of limitations and preclusion periods for any legal or administrative actions that may arise.

In accordance with the French Data Protection Act and the GDPR, the Customer or any data subject has, subject to the terms of applicable law, the right of access, rectification, restriction of processing, objection to processing, data portability, and erasure, as well as the right not to be subject to automated decision-making, including profiling. Where applicable, the data subject also has the right to withdraw their consent at any time.

The Customer is informed and agrees that the Site and/or the Service may include technical features that track usage (logged-in user account, IP address, type of application used, various connection and usage logs for the User account, etc.) and that may be used as part of anti-counterfeiting efforts and/or to identify and/or prevent any unlawful or non-compliant use of the Site.

Any request to exercise these rights may be sent by email to fatima@intelligenteetaudacieuse.com. Any individual affected by the processing of their personal data has the right to file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL).

INTELLIGENTE&AUDACIEUSE may request the Customer’s phone number in connection with an Order. Consumers who do not wish to receive telemarketing calls are informed that they may register free of charge on a do-not-call list called “Bloctel” (for more information, visit bloctel.gouv.fr). When the Customer is registered on this list, INTELLIGENTE&AUDACIEUSE will not engage in telemarketing and may contact the Customer by phone only for communications related to the fulfillment of a current Order and pertaining to the subject matter of that Order.

In order to address a security incident, threats, or a vulnerability, INTELLIGENTE&AUDACIEUSE may implement the following measures online: notifying Customers and the supervisory authority if necessary, raising awareness among INTELLIGENTE&AUDACIEUSE staff, and strengthening security at INTELLIGENTE&AUDACIEUSE’s premises and workstations. INTELLIGENTE&AUDACIEUSE may also take the following measures with respect to its Customers: require Customers to change their login credentials as a condition of accessing the Service, require them to strengthen the security of their passwords, and implement authentication procedures with enhanced security (two-factor authentication).

For more information on automated data processing and how to exercise your rights, Users may consult the privacy policy, which is available at any time on the Site, and the information regarding the cookies used by INTELLIGENTE&AUDACIEUSE.

ARTICLE 11: PARTNER SITES – HYPERLINKS

The User may access, via hyperlinks on the Site or as part of a Service, the websites of Partners or third parties, which are designed and managed under the responsibility of third parties not subject to the Terms and Conditions. Users are therefore encouraged to review the terms of use or terms of sale, as well as the privacy policies or any other legal information applicable to these Partner or third-party websites.

INTELLIGENTE&AUDACIEUSE exercises no control over such websites and content and disclaims all liability regarding their content and any third-party use of the information contained therein. This provision applies to all Partner content.

If a third-party website directs its users to the Site, INTELLIGENTE&AUDACIEUSE reserves the right to request the removal of the hyperlink pointing to the Site if it determines that such a link does not comply with its rights and legitimate interests.

ARTICLE 12: FORCE MAJEURE OR IMPOSSIBILITY

INTELLIGENTE&AUDACIEUSE’s performance of its obligations hereunder shall be suspended in the event of a fortuitous event or force majeure that would prevent such performance. This suspension may apply to all or part of the Service. In such a case, INTELLIGENTE&AUDACIEUSE will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a permanent impediment may give rise to a refund. If the permanent impediment is partial, only a partial refund will be granted.

Subject to the conditions set forth by law, Customers expressly agree that they may not invoke force majeure to defer payment (for example, of an invoice) for a Service that has been provided or is in the process of being provided, or to refuse delivery of an Order that has been placed.

The following are considered cases of force majeure or unforeseeable events, in addition to those generally recognized by court precedent and without this list being exhaustive: strikes or labor disputes occurring within or outside INTELLIGENTE&AUDACIEUSE, natural disasters, fires, interruptions in telecommunications, epidemics and pandemics, interruptions in the energy supply, interruptions in communications or transportation of any kind, or any other circumstance beyond the reasonable control of INTELLIGENTE&AUDACIEUSE.

INTELLIGENTE&AUDACIEUSE shall in no event be held liable for any difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to a technical or software failure or any other cause beyond its control. The Customer acknowledges that they are aware of the technical risks inherent in the Internet and mobile networks, as well as the malfunctions that may result therefrom. Consequently, INTELLIGENTE&AUDACIEUSE shall not be held liable for any unavailability, slowdowns, or failures of the Internet or any IT solutions, except in cases of proven negligence on its part.

Furthermore, in the event that the service provider(s) responsible for the Service are unable to work due to illness, accident, family matters, maternity and/or paternity leave, etc., INTELLIGENTE&AUDACIEUSE reserves the right to replace them and/or suspend the service without the Client being entitled to claim any compensation. INTELLIGENTE&AUDACIEUSE will notify the Client within a reasonable timeframe of such an inability to work and, to the extent possible, of its duration. Only a permanent inability to work confirmed by INTELLIGENTE&AUDACIEUSE may give rise to a refund. If the permanent inability to work is partial, only a partial refund will be granted.

ARTICLE 13: INTELLECTUAL PROPERTY

INTELLIGENTE&AUDACIEUSE or its Partners own all intellectual property rights relating to the Site and the Service. These intellectual property rights cover, in particular but not exclusively, all content, text, images, videos, graphics, logos, icons, sounds, and software appearing on the Site or constituting the tools and materials provided on the Site and as part of the Service.

Access to the Site and the Service does not confer any rights on the User or the Customer with respect to the intellectual property rights related to the Site and the Service, which remain the exclusive property of INTELLIGENTE&AUDACIEUSE or its Partners.

Under no circumstances may the User or Customer reproduce, display, modify, transmit, publish, adapt, or exploit in any way—on any medium whatsoever or by any means whatsoever—all or part of the Site and the Service without the prior written authorization of INTELLIGENTE&AUDACIEUSE or its Partners.

Any use of all or part of the Site or the Service that has not been previously authorized by INTELLIGENTE&AUDACIEUSE or its Partners, for any reason whatsoever, may result in appropriate action, including suspension of access to the Service or legal action for infringement.

In exchange for payment of the price specified at the time of the Order, the content, technical information, know-how, and methods provided—and, more generally, all information related to the Service—are subject to a strictly personal, non-transferable, and non-exclusive right of use for the duration of the Service selected by the Customer at the time of the Order, and solely for the term of the contract.

As such, the Customer agrees not to use or exploit the Service on behalf of other persons, including its employees or associates. The Customer shall be held liable in the event of unauthorized transfer or disclosure of the Service’s content or sharing of its login credentials for any reason whatsoever. The Customer guarantees that all of its employees who may have access to the Site’s restricted content and all content of the Service will respect the intellectual property rights of INTELLIGENTE&AUDACIEUSE or its Partners.

All distinctive marks used by INTELLIGENTE&AUDACIEUSE are protected by law, and any use not authorized by INTELLIGENTE&AUDACIEUSE may result in legal action. INTELLIGENTE&AUDACIEUSE reserves the right to terminate the Customer’s access to the Service in the event of a violation of its intellectual property rights, without prejudice to any penalties or damages.

ARTICLE 14: NOTICES, REFERENCES, AND COMMUNICATION

1. Client Reference. Clients may be contacted by INTELLIGENTE&AUDACIEUSE to be cited as beneficiaries of the Service. With the Client’s consent, INTELLIGENTE&AUDACIEUSE may be authorized to include the Client’s name, the feedback the Client provided to INTELLIGENTE&AUDACIEUSE regarding the Service, and an objective description of the nature of the Service provided to the Client in its reference lists and proposals intended for prospective and existing clients, particularly on the Website, for advertising and promotional purposes, during interviews with third parties, in communications to its staff, in internal strategic planning documents, as well as in cases where legal, regulatory, or accounting provisions require it.

2. Authorization to Use. When the Customer submits written content, videos, and/or photographs to INTELLIGENTE&AUDACIEUSE to provide feedback or share a testimonial about the Service provided by INTELLIGENTE&AUDACIEUSE, and, where applicable, posts comments or content regarding INTELLIGENTE&AUDACIEUSE (for example, on its social media platforms), which include the Customer’s social media username and profile photo, the Customer hereby authorizes INTELLIGENTE&AUDACIEUSE to use such content to promote its business activities. Such content may be protected by image rights and/or copyright; in such cases, the Customer grants INTELLIGENTE&AUDACIEUSE the right to adapt it (in terms of format) and reproduce it on any medium, including by presenting it as a commercial reference and/or as a review. For example, INTELLIGENTE&AUDACIEUSE may take screenshots of social media posts about the company or of the Service provided to the Client, and reproduce them on the Website as reviews.

The Client acknowledges that it is fully satisfied with its rights and shall not be entitled to any compensation for the use of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client in question, plus a period of 70 years, and worldwide. INTELLIGENTE&AUDACIEUSE reserves the right to submit to the Client any other request for authorization to take photographs and to assign rights, for any cases not provided for herein or on an ad hoc basis.

3. Events. The provisions of the preceding paragraph apply equally to videos and photographs taken during any type of event (public, client-only, webinars, workshops, etc.) organized or co-organized by INTELLIGENTE&AUDACIEUSE. Event footage may be recorded and published by INTELLIGENTE&AUDACIEUSE, including on social media in the form of clips or as free or paid replays. If the Client does not wish to appear, they are advised to sit at the back of the room, refrain from participating in group photos, and avoid making any gestures toward the photographer or cameraman that might place them within the frame. For remote events, the Client may choose a pseudonym and keep their camera off to avoid appearing in screenshots. Business Clients are responsible for informing their attendees of the filming conditions.

ARTICLE 15: CHANGES TO THE TERMS AND CONDITIONS

INTELLIGENTE&AUDACIEUSE reserves the right to modify the terms, conditions, and provisions of the General Terms and Conditions at any time and without notice in order to adapt them to changes in the Site or its operation, and to the characteristics of the Service. The applicable terms and conditions are those accepted by the Customer and provided to the Customer in the event of a distance sale via any means of communication on a durable medium.

Changes to the Terms and Conditions made by INTELLIGENTE&AUDACIEUSE will not apply to Services already subscribed to, except for provisions related to technical changes to the Service, provided that such changes do not result in a price increase or a change in the quality or characteristics upon which the non-professional Customer or consumer based their commitment.

The Customer may also be asked to accept the amended Terms and Conditions; if the Customer does not do so, the most recently accepted Terms and Conditions will continue to apply until the Service is fully performed. If INTELLIGENTE&AUDACIEUSE is unable to continue providing the Service under the previous terms, the Customer has the right to request termination and a refund. In this case, INTELLIGENTE&AUDACIEUSE may withhold an amount corresponding to the Service provided up to the date of termination, in accordance with the terms provided by law.

ARTICLE 16: LIABILITY

1. Warranty. Except as provided by any applicable statutory or commercial warranties, INTELLIGENTE&AUDACIEUSE is under no obligation to achieve specific results and makes no express or implied warranties, including, but not limited to, those relating to the continuity, performance, results, or durability of the Service provided, which are subject to uncertainty.

Under no circumstances does the price of the Service include any expenses incurred by the Customer in the course of its activities to achieve its objectives, and any amounts related to expenses—such as advertising costs—are always provided for informational purposes only as part of the Service.

Any goals, success stories, or examples presented by INTELLIGENTE&AUDACIEUSE on the Website and as part of the Service assume the concrete and effective implementation of all advice, techniques, and tools that may be provided as part of the Service and do not, under any circumstances, constitute a promise of profit or results. INTELLIGENTE&AUDACIEUSE cannot under any circumstances guarantee to the Client that they will achieve similar results, and these references are used solely as examples.

2. Responsibility of Users and Clients. The User or Client is solely responsible for their interpretation of the information provided as part of the Services, for the advice they derive or that has been provided to them in connection with the Services, and for any adaptations made for their own activities. The use of the information is the sole responsibility of the Client and is at their own risk, which the Client expressly accepts.

The Client acknowledges that he or she received sufficient information and advice before committing to the Services and is aware that any desired outcome inherently involves risks and requires significant effort. The Client declares that they are fully aware that the Services offered are for informational purposes only and do not obligate INTELLIGENTE&AUDACIEUSE to ensure that the Client achieves any specific result, except as provided by any applicable commercial or specific warranty for the Service. No Service may be considered a medical, psychological, legal, or financial service. It does not lead to a state-recognized degree, and INTELLIGENTE&AUDACIEUSE has never offered it as such. The Client remains entirely free to make commitments and to withdraw from the Service under the terms set forth in the contract. The Client acts under his or her sole and exclusive responsibility.

In the discussion forums, the Client, in its capacity as publisher, assumes responsibility for the public dissemination of information and editorial responsibility for all of its communications, both physical and online, including but not limited to its website(s), blogs, pages, and social media accounts. The Client is solely responsible for the quality, legality, and relevance of the data and content it disseminates to the public.

3. Limitation of Liability. Regardless of the type of Service plan selected by the Business Customer, INTELLIGENTE&AUDACIEUSE’s liability is expressly limited to compensation for direct damages proven by the Business Customer. Under no circumstances shall INTELLIGENTE&AUDACIEUSE be held liable for indirect damages such as loss of data or files, business interruption, commercial loss, loss of profits, or damage to the Business Customer’s image and reputation. Similarly, INTELLIGENTE&AUDACIEUSE shall not be held liable for any direct or indirect damages caused to the User’s equipment while accessing the Site or the Service, resulting either from the use of equipment that does not meet the specified requirements or from the occurrence of a bug or incompatibility.

IN ANY EVENT, INTELLIGENTE&AUDACIEUSE’S LIABILITY TOWARD PROFESSIONALS IS LIMITED TO THE AMOUNT PAID BY THE CLIENT, EXCLUDING TAXES, IN EXCHANGE FOR THE PROVISION OF THE SERVICE TO WHICH THE DISPUTE RELATES. THIS AMOUNT REPRESENTS THE MAXIMUM THAT INTELLIGENTE&AUDACIEUSE MAY BE REQUIRED TO PAY AS COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE ALLEGED GROUNDS FOR DAMAGES AND THE LEGAL BASIS INVOKED, UNLESS PROHIBITED BY LAW OR CASE LAW.

ARTICLE 17: GENERAL PROVISIONS

These Terms and Conditions, as well as all purchase and sale transactions covered herein, are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

The invalidity of a contractual provision does not render the Terms and Conditions of Sale invalid. The temporary or permanent non-enforcement by INTELLIGENTE&AUDACIEUSE of one or more provisions of the Terms and Conditions of Sale shall not be construed as a waiver on its part of the other provisions herein, which shall remain in full force and effect, nor as a waiver of its right to rely on them in the future.

The Customer agrees that INTELLIGENTE&AUDACIEUSE may assign this contract to its affiliates or to a purchaser without the Customer’s prior consent.

ARTICLE 18: DISPUTES

1. Amicable Resolution. In the event of a dispute, the Customer shall first contact INTELLIGENTE&AUDACIEUSE to attempt to reach an amicable resolution.

2. Mediation.

In the event of any difficulty in the performance of this contract, a consumer Customer residing in Europe may, before taking any legal action, seek the assistance of a consumer mediator listed on the website https://www.economie.gouv.fr/mediation-conso

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable resolution. The parties remain free to accept or reject mediation and, if mediation is pursued, to accept or reject the solution proposed by the mediator. In this context, any European consumer may submit a claim to the Online Dispute Resolution (ODR) platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

3. Disputes Between Business Entities. IN THE EVENT OF A DISPUTE BETWEEN A BUSINESS CUSTOMER AND INTELLIGENTE&AUDACIEUSE REGARDING THE SERVICE, THE INTERPRETATION, PERFORMANCE, AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY WHERE INTELLIGENTE&AUDACIEUSE IS HEADQUARTERED, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, INCLUDING EMERGENCY PROCEEDINGS OR PRECAUTIONARY MEASURES BY WAY OF SUMMARY PROCEEDINGS OR MOTION.