Article 1 – Seller’s designation

The Site www.vivovojo.com published by Vivovojo – (hereinafter the Company)

BY VALIDATING THE PRESENT CONTRACT, THE CUSTOMER EXPRESSLY REQUESTS THAT THE EXECUTION OF THE SERVICE BEGINS BEFORE THE END OF THE 14-DAY WITHDRAWAL PERIOD IN ORDER TO BE ABLE TO BENEFIT FROM THE SERVICE IMMEDIATELY.

HOWEVER, THE CUSTOMER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT AND AN ADDITIONAL “SATISFIED OR REIMBURSED” GUARANTEE.

Article 2 – Scope of application

These general terms and conditions of sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation, to all sales made by the Company to professional or private customers (hereinafter referred to as the “Customer”) wishing to access the training courses, documents and ancillary products sold via the Site and the associated domains and sub-domains (hereinafter referred to as the “Service”).

These General Terms and Conditions are available on the Site and shall prevail, where applicable, over any other version or any other contradictory document.

Validation of the order by the Customer, who acknowledges, by ticking the appropriate box, that he/she has read and accepted them before placing the order, implies unreserved acceptance of these GCS. The Customer also acknowledges that, prior to placing any order, he/she has received sufficient information and advice from the Site and the Company, enabling him/her to ensure that the Service offered is suited to his/her specific needs.

The Customer declares that he/she is capable of entering into a contract under French law, and declares that, where applicable, he/she validly represents the person on whose behalf he/she is entering into a contract. The professional Customer undertakes to ensure that all his employees, servants and agents comply with these General Terms and Conditions of Sale.

In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.

Article 3 – Service features

The order specifies the Services provided as part of the sale. Barring exceptional sales, these can be found on the Site or in the summary e-mail sent to the Customer after the sale.

The contents of the Services are generally composed of :

• Face-to-face courses
• Webinars
• Online training
• Downloadable documents
• Downloadable audio
• Personalized support

The Customer is informed that the services may require access to other sites or platforms (partners or others), designed and managed under the responsibility of third parties. The Company has no control over the content of these sites, and declines all responsibility for their content and the use made by any third party of the information contained therein. In the event of a problem or malfunction on a third-party platform required for the Service, the Company will endeavor to provide the Service sold on a platform offering similar functionalities.

Products and services are offered and delivered within the limits of available quantities, it being understood that the Company may voluntarily limit the number of beneficiaries of the Services.

In the event of unavailability of the Service ordered, the seller will immediately inform the purchaser and may offer the purchaser a Service of equivalent quality and price or, failing this, will refund the sums paid within 7 days. Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity.

The photographs and illustrations presenting the Service do not constitute a contractual document.

Article 4 – Access to Services

The Services are accessible only to natural persons authorized by the Company who have subscribed to the Service, it being specified that the Customer may not authorize persons other than its internal users.

Any use of the Customer’s access to the Services by an unauthorized person renders the Customer liable.

Customer access to the Services is granted to all Users in accordance with the technical procedures and timetable provided by the Company. The identification code(s) is/are assigned by the Company when the Service is subscribed.

Each identification code is personal, individual, confidential and non-transferable.

The Customer shall be liable for any fraudulent or abusive use of his access codes. The Customer shall immediately inform the Company of any loss or theft of access keys. In the event of violation of the access keys, the Company reserves the right to suspend the Service, without compensation, prior notice or prior information.

Access rights to the Service are granted for a variable period stipulated in the order depending on the package chosen – please refer to the order description sheets – from the time the access keys to the Service are opened.

Article 5 – Warranties

5.1 General warranty

The Company undertakes to do its utmost to provide the Service during the period agreed in the order, barring any breakdowns or technical constraints linked to the specific features of the Internet network or the third-party solutions used.

The Customer may use the Service within the limits of reasonable use. The Customer undertakes to inform the Company within 24 hours of discovering a technical malfunction. In the event of an interruption of service by the Company due to corrective maintenance, the Company will make every effort to remedy the malfunction within a reasonable time. The security and integrity of Internet communications cannot be guaranteed. The Company declines all responsibility for the consequences of technical failures on the site or in connection with the site, in particular with regard to any difficulty of access.

The service sold on the website complies with the regulations in force in Andorra. The Company may not be held liable in the event of non-compliance with the legislation of the country in which the products are available, which it is the Customer’s responsibility to check.

5.2 Money-back guarantee

The Company may offer a “satisfied or reimbursed” guarantee for a period of 15 days from the date of order. To be valid, the guarantee must be specified when the order is placed. The customer therefore has 15 days from the date of order to request a refund if he or she is not completely satisfied with the Service.

Article 6 – Pricing conditions

6.1 Prices

Services are provided at the rates in force on the Site, when the order is placed by the Customer. Prices are expressed in euros, exclusive of VAT at the current rate.

These prices are firm and non-revisable during their period of validity, as indicated on the day the order is placed. Prices may be revised during promotional offers or one-off operations.

6.2 Orders – Invoices

It is the Customer’s responsibility to select on the Site the Service(s) he wishes to order.

The sale will only be considered final after the Company has sent the Customer confirmation of acceptance of the order by e-mail, and after receipt of either the full price, or partial payment in the case of a special offer.

An invoice is issued by the Company within a reasonable time after the order has been placed. It is sent to the customer or, failing that, is available on request.

6.3 Regulations

Except in the case of special offers and at the end of any trial period, the full purchase price of the service ordered will be charged.

Payments by bank transfer, credit card and Paypal are debited at the time of order or at the end of the trial period.

If payment is made by cheque, it will be cashed on receipt.

Payments made by the Customer will not be considered final until the Customer has actually received the sums due.

Any accesses will then be issued once payment has been received and sent to the Customer by e-mail.

In the event of non-payment or late payment by the Customer, the Company will not be obliged to deliver access and the Company reserves the right to suspend access to the service.

In the case of a special offer, if there is a problem with payment by instalments, the customer will only be able to access the service once the instalment has been paid within a reasonable period of time. Full payment of the training course is required for full access. In addition, the Company reserves the right to suspend or cancel the Customer’s access in the event of non-compliance with the above payment conditions.

6.4 Withdrawal

You have the right to withdraw from these GTC without giving any reason within fourteen days. The withdrawal period expires fourteen days after the conclusion of the contract.

To exercise the right of withdrawal, you must notify us at contact@vivovojo.com of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).

You can use the sample form below, but you don’t have to.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery charges, without undue delay and, in any event, no later than thirty days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.

SAMPLE CANCELLATION FORM

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

For the attention of [insert name, geographical address and, where available, e-mail address] :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*):

Ordered on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

6.5 Payment methods governed by the LearnyPay system

The Company invoices the Customer for access to training courses using the Learny Pay System provided by LearnyBox and MangoPay. The Customer pays for the access set by the Customer at the time of the Order via the LearnyBox payment system called LearnyPay by credit card (Carte Bleue, Visa, MasterCard) or any other means that LearnyBox will make available on its site.

By using LearnyPay, the Customer unreservedly accepts MANGOPAY’s terms and conditions, which can be found here: https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-FR.pdf .

Customers agree to respond favorably to any request from the LearnyBox Company or MANGOPAY and more generally from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity. In the absence of an immediate response to these requests, the Company, LearnyBox and/or MANGOPAY may take any appropriate measure, including freezing the sums paid and/or suspending the service.

Article 7 – Limitation of liability

Under no circumstances may the Company be held liable for any technical or software failure, or for any cause beyond its control. Whatever the type of Service, the Company’s liability is expressly limited to compensation for direct damage proven by the Customer. For professional customers, the Company’s liability is limited to the amount of the price paid by the Customer for the Service ordered.

Under no circumstances may the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, damage to image or reputation. The Company shall not be held liable for any disputes arising between the Customer and its own customers.

The use and exploitation of the information provided under the Service are under your sole responsibility and at your own risk. The customer is solely responsible for the interpretation he makes of the information provided under the Services and for the advice he deduces therefrom, and for any adaptations made for his own commercial activity.

Article 8 – Force majeure and inability to provide the Service

The Company shall not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. In addition to those normally recognized by the case law of the Courts and Tribunals of Andorra, and without this list being restrictive, the following are considered to be cases of force majeure or fortuitous event: strikes or industrial disputes internal or external to the Company, natural disasters, fire, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Company.

In the event of incapacity to work of the expert in charge of the Service within the Company, as a result of illness or accident, the Company reserves the right to modify the planned schedule without the Customer being entitled to claim compensation. The Company will notify the Customer within a reasonable time of its incapacity and, as far as possible, of the duration thereof, so that the Customer can decide whether or not to continue providing the Service. In the event of non-continuation, the services provided will be due as soon as they have been rendered. For Services not rendered due to incapacity, the Company undertakes to make a partial refund on first request, in proportion to the value of the Service at the time the order was placed.

Article 9 – Termination

9.1 Termination by the Customer

The Customer may cancel the Service at any time by e-mail to contact@vivovojo.com. The Customer remains liable for the Service subscribed to at the time of the order.

9.2 Termination by the Company

The Company reserves the right to terminate the Service immediately in the event of non-payment of one or more instalments.

Any sum not paid within thirty days will be increased by a rate equal to three times the legal interest rate in force plus ten percentage points, as well as a fixed indemnity for collection costs of 40 euros. For business customers, late payment penalties are payable without a writ of execution.

The Company also reserves the right to immediately terminate the Customer’s Service in the event of any violation by the Customer of the Company’s intellectual property rights or any other infringement of the Service.

Termination of the Service automatically entails suspension and cessation of the Services subscribed to by the Customer with the Company, as well as immediate payment of all sums due in principal, costs and accessories (interest on arrears, any bank charges).

9.3 Termination due to changes in the GTCS

The professional seller reserves the right to modify its GCS at any time. In the event of modification of the GTCS, the applicable GTCS are those in force at the date of the order, a copy of which, dated to that date, may be given to the Customer on request.

The Company reserves the right to modify its offers at any time. Except in exceptional circumstances, the Company will not increase or decrease the price of Services already subscribed to.

Modifications to the GTC are enforceable against users of the Site and Customers who have accepted them from the time they are posted online.

In the event of rejection of the new GCS, the Company is free to terminate the present commitment.

Article 10 – Data protection

In accordance with article 32 of French law no. 78-17 of January 6, 1978, amended in 2004 (known as the “Loi Informatique et Libertés”), and with the regulations applicable in this area, Customers are informed that their personal data will be processed automatically for the purposes of commercial prospecting and Service management. Customers are informed that this data may be subject to statistical analysis by the Company and may be transferred to third parties and partners if the Customer has expressly consented to this.

The information requested in the forms available on the Site, marked with an asterisk, is mandatory and necessary for the management of Customer requests. Failure to reply to a mandatory field will make it impossible for the Company to process Customer requests.

Customers have the right to access, rectify and delete data concerning them, and may object to processing for legitimate reasons. To exercise these rights, please contact: contact@vivovojo.com.

The data processed is stored in accordance with regulations (CNIL simplified standard 48).

Article 11 – Intellectual property

The content of the Site is the exclusive property of the Company and its partners and is protected by French and international intellectual property laws. Reproduction in whole or in part is strictly forbidden and may result in legal action.

The Company is the sole owner of the intellectual property rights to all the Services it offers its Customers. To this end, all content and teaching aids, whatever their form (paper, electronic, digital, oral, video, etc.) used by the Company to provide the Services, training and ancillary services remain the exclusive property of the Company. As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorized by the Company.

In particular, the Customer shall refrain from using and exploiting the content of training courses and Services to train persons other than his own staff. In the event of unauthorized transfer or communication of content, the Customer shall be held liable in accordance with Articles L.122-4 and L.335-2 et seq. of the French Intellectual Property Code.

In return for payment of the price of the Service, the content and information transmitted are subject to a personal, non-transferable and non-exclusive right of use for a limited period, the duration of which varies according to the Service or package chosen. Please refer to the description sheets for each of the Services provided in the order.

With the exception of authorized personal or commercial use of the information within the framework of the Customer’s activity, any exploitation, reproduction, representation, modification, publication, transmission, denaturing, in whole or in part, of the contents of the Services and training courses, as well as any databases appearing on the Site, is strictly forbidden, whatever the process and medium used.

In any event, the Company retains ownership of its tools, methods and know-how developed prior to or in connection with the Service provided to the Customer.

Article 12 – Communication and customer references

The Customer agrees to be named by the Company as a Customer of its Services. The Company is thus authorized to mention the Customer’s name, together with an objective description of the nature of the Services provided, which are the subject of the contract, in its reference lists and proposals to prospects and Customers, in particular on the Site, in discussions with third parties, in communications to its staff, in internal management planning documents, in its annual report to shareholders, and in the event of legal, regulatory or accounting provisions requiring it to do so.

Article 13 – Applicable law – Language

These terms and conditions of sale are governed by French law. They are written in French. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.

The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Company shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.

ARTICLE 12 – DISPUTES

FOR CONSUMER CUSTOMERS, ALL DISPUTES ARISING FROM THE PRESENT CONTRACT, CONCERNING ITS VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES, WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF CONSUMER LAW. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY, THE COMMERCIAL COURT OF ANDORRA SHALL HAVE EXCLUSIVE JURISDICTION.