GENERAL TERMS AND CONDITIONS OF SALE AND USE
PREAMBLE
These Applications are operated by MentorShow, a simplified joint-stock company (SAS) with a capital of €218.24, registered in the Paris Trade and Companies Register under number 881732135, with its registered office located at 25 rue de Ponthieu, 75008 Paris, represented by Léo Dubert as President, duly authorized for the purposes hereof.
Hereinafter referred to as “MentorShow.”
These General Terms and Conditions of Sale, hereinafter referred to as “the GTC” or “the General Terms and Conditions of Sale,” apply to the use and orders for services placed with MentorShow for all services on the site accessible at https://mentorshow.com/, hereinafter referred to as “the Site,” or on the Application hereinafter referred to as “the Application,” by individuals or legal entities, hereinafter referred to as “the Client(s)” or “the Users.”
Any Client registering agrees to comply with them in their entirety and without the possibility of derogation for any reason whatsoever.
DEFINITION
The terms below, when written with an uppercase letter, have the meaning assigned to them in these definitions for all General Terms of Use of the site www.mentorshow.com and its Applications (mobile/tablets).
- Client(s): Any user, individual or legal entity, who connects to the site mentorshow.com or the MentorShow Application (available on the Apple Store and Google Play Store), navigates, becomes informed, orders, and/or purchases a service offered by a Mentor, interacts with the Chat, or contacts customer service by phone or email in order to use one of the services offered by the site. The use of the Services is open to any individual, of legal age and capacity, or any legal entity; as well as minors aged between 16 and 18 with the agreement of their parent.
- Coach(es): All training partners and experts of MentorShow within the framework of the MentorCoaching Service, listed on the Site and conducting an independent activity from that of MentorShow, whose contact details are accessible on the Site at the following address: https://mentorshow.com/msplus/coaching/individual.
- Conditions, General Conditions, Terms of Use, General Terms of Use, General Terms and Conditions of Sale: Reference to these general conditions of use.
- Documentation: Information of purely informative value, published on the site, such as articles or summary guides.
- Client Data: Information provided by a Client to MentorShow to use a Service after filling out an online form on the Site or the Application, interacting with the Chat, or contacting a Manager by phone or email.
- Training(s): Training and/or courses provided by a Mentor or a Coach to impart knowledge or technical elements.
- Form(s): Questionnaire created by MentorShow and completed by the Client.
- Mentor(s): All training partners and experts of MentorShow who have registered a Training as part of the individual Training Services and the “Unlimited Pass,” listed on the Site and conducting an independent activity from that of MentorShow, whose contact details are accessible on the Site.
- Service(s): Any service provided and rendered by the site mentorshow.com to the Clients of the Site and/or by the mobile Application available on app download stores.
- Site: The website accessible at www.mentorshow.com, including all associated subdomains, and the MentorShow mobile Application whose infrastructure has been developed by MentorShow according to computer formats usable on the Internet, including data of various natures, including texts, sounds, still or animated images, videos, databases, intended to be consulted by the User.
- User(s): Individual or legal entity visiting a page of the Site.
INTRODUCTION
MentorShow is a Site and an Application providing a marketplace for the availability of Training covering various themes and provided by partner Mentors and Coaches. The Site and the Application offer a service granting access to a library of training covering a wide range of themes (gastronomy, painting, art, lifestyle, science and technology, sports, the art of magic and performance, well-being, personal development, etc.).
ARTICLE 1: INTEGRALITY
These General Terms and Conditions of Sale express the entirety of the parties’ obligations. In this sense, the Client or the User is deemed to accept unreservedly all the provisions set forth in these General Terms and Conditions of Sale. MentorShow commits to respecting its role as a reseller within the framework of these conditions.
MentorShow reserves the right to modify these General Terms and Conditions of Sale at any time and to inform the Client. However, the GTC applicable to the order placed by a Client on MentorShow’s Site are those accepted by the Client at the time of placing the order.
These General Conditions govern the availability of Services at the time the Client places an order.
By clicking on “Pay,” the Client agrees to the General Terms & Conditions. This constitutes an irrevocable acceptance, which can only be contested in the specific cases outlined under the “Right of Withdrawal” section of these Terms. By proceeding, the Client confirms that they have read, understood, and accepted these Terms.
ARTICLE 2: OBJECT
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of services offered by MentorShow to the Client, from the order to the delivery of the Service.
ARTICLE 3: INFORMATION ABOUT THE SERVICES
The Services are presented on the Site and on the Application with a precise description. The information, characteristics, descriptions, and graphics presented on the Site or in emails sent by MentorShow are provided for informational purposes only. However, it is possible that the perception of the Service(s) does not fully correspond to the presentation.
MentorShow cannot be held responsible in any way for the content of the Training offered or their suitability for the purpose sought by the Client. The Client remains solely responsible for the Training they choose and for the use they wish to make of it.
The Company is not a training center and cannot be considered as such. It does not engage in any training activity and does not provide expertise in any of the covered areas, and therefore cannot give any personalized advice to its Clients. On the contrary, MentorShow reminds its Clients that it is their responsibility to assess the relevance of the selected Training concerning the chosen purpose.
The Service it provides through the Site is merely a connection with a trainer and/or an expert, the Mentor and/or the Coach, and cannot be interpreted as a training organization, and as such cannot award diplomas or any other title recognized by the State.
MentorShow reminds that all Training available on the site is of purely informative value, intended for anyone interested. The content of this Training is not necessarily updated to reflect the latest developments applicable in the covered area.
MentorShow will not incur any liability for any indirect damages resulting from these terms, notably in respect of damages or expenses that may arise from the purchase of the Services. MentorShow shall not be responsible for any loss of data, files, or damages as defined in the previous paragraph.
ARTICLE 4 – REGISTRATION FOR THE SERVICE
4.1 Client Registration
Registration for the Service is open to any individual of legal age and capacity or any legal entity. However, minors aged between 16 and 18 may benefit from the services offered by the Site, subject to validation by one of their parents or legal guardians.
In case of fraud in the registration by a minor posing as an adult, parents cannot hold MentorShow liable for their child’s access to the Site.
The Client can register directly by providing their email address and a password, or via an account opened with Facebook or Google.
No individual or legal entity can open multiple accounts on the Site. The use of an account is strictly personal.
Furthermore, the Company reserves the right to take legal action and seek damages against anyone who has attempted to cheat, deceive, or fraudulently use the Company’s Services or generate benefits in a fraudulent or unfair manner.
4.2 Information on the Identifier and Connection
A Client who opens an account on the site www.mentorshow.com or on the Application, and by this fact, accepts the GTC/GTU described herein, is the holder of this account and accesses it via an identifier and a password chosen by the Client. This password can be modified in the account settings interface by the Client on their personal account.
The identifier/password combination is strictly personal. It is therefore the Client’s responsibility to ensure the confidentiality of this combination that allows access to the service.
In case of loss and/or forgetting of the password, the account holder may request a password reset from the Site.
The Client also agrees not to disclose these identification and password details to any other person, nor to lend, give, sell, or, in general, make the account and/or password available to a third party for any reason whatsoever. Otherwise, MentorShow’s liability cannot be engaged in case of fraudulent use of this information.
In the event of fraudulent use of the Client’s login identifiers due to fault or negligence attributable to them or to one of the employees under their control or hierarchical authority, the Client will be liable to the Company for any loss or deterioration of data of any kind and, more generally, for any damage suffered due to the use of the service not in accordance with the rules set forth in these general conditions.
ARTICLE 5 – OPERATIONS DEPARTMENT
6.1 Payment is made by credit card on the secure site. The transaction is therefore carried out outside the sitewww.mentorshow.com, so that neither third parties nor MentorShow can read the data linked to the bank card used.
6.2 The company MentorShow will draw up an invoice which will be sent to the Client electronically, unless the Client expressly requests that the invoice be sent to them at their own expense by another means.
6.3 The prices indicated on the Website and in the Application are subject to change at any time. Prices reflect the French VAT rate applicable at the time of the order, and any change in the VAT rate will be automatically applied to the price of the services presented on the Site on the date stipulated by the implementing decree. However, prices cannot be changed once the order has been placed by the Customer.
6.4 MentorShow reserves the right to change the renewal price of its subscriptions. In the event of a change in the renewal price, MentorShow will inform the Customer sufficiently in advance before the subscription renewal date. The Customer will have the option to deactivate the automatic renewal of their subscription before the price change comes into effect. If the Customer does not deactivate the automatic renewal, they will be considered to have accepted the new renewal price.
ARTICLE 6: ORDERS
Given the nature of the service provided by MentorShow, and in accordance with Article L.121-21-8 paragraphs 1 and 13 of the Consumer Code: “The right of withdrawal may not be exercised for contracts:
The provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of his right of withdrawal;
The supply of digital content not supplied on a tangible medium whose performance began after the consumer's express prior agreement and express waiver of his right of withdrawal.”
Furthermore, in accordance with Article L121-20-2 of the Consumer Code: “The right of withdrawal may not be exercised, unless the parties have agreed otherwise, for contracts:
For the provision of services whose performance has begun, with the consumer's consent, before the end of the period of seven clear days”, no refund can be made, regardless of the progress of the project. Customer.
Indeed, the digital content is accessible immediately after payment by the Customer. The price is paid when the order is placed, as soon as it is received, a Manager begins to process the file.
Consequently, the execution of the contract begins as soon as the payment is finalized.
However, customers who wish to be reimbursed for their courses or their full Pass can do so if they request a refund within 14 days of the date of purchase.
Customers can request a refund on this page by providing the following information:
The email address associated with their MentorShow account
The name of the online course for which the customer is requesting a refund.
Once the request has been received, the customer will be reimbursed for the sums paid within 7 calendar days.
Full Pass holders will be reimbursed for the subscription amount within 7 calendar days and the subscription will be canceled without them having to make an express request.
ARTICLE 7: PRICES
Prices are indicated in euros ou USD, including all taxes, and are only applicable on the date the Client’s order is validated.
Prices displayed on the Site and the Application are subject to change at any time. Prices take into account the French VAT applicable on the day of the order, and any change in the legal VAT rate will be automatically reflected in the price of the services presented on the Site as of the date specified by the applicable decree. However, prices cannot be changed once the Client’s order has been placed.
Prices do not take into account any promotional offers or personal discounts, which are indicated before the final validation of the order.
The Annual Unlimited Pass comes with the convenience of automatic renewal, ensuring continuous access to services. MentorShow reserves the right to modify the renewal price of any subscription, subject to prior notice to the Client. Any change in price will be communicated to the Client via email at least 30 days before the subscription’s renewal date.
The Client may choose to disable the automatic renewal of their subscription at any time by accessing their member account or by contacting customer service via email prior to the new price’s effective date. If automatic renewal is not disabled or the subscription is not canceled before the new price’s effective date, the Client is deemed to have accepted the updated renewal price.
In the event that automatic renewal is deactivated or the subscription is canceled due to a price change, the Client will retain access to the services until the end of the current subscription period, without the new price being applied.
ARTICLE 8: PAYMENT
Services are payable in euros or USD on the day of the order, and payment is made by credit card directly on the secure bank servers chosen by MentorShow; the Client’s banking details do not pass through the Site.
The banking details provided during the payment process are protected by an SSL (Secure Socket Layer) encryption process. This ensures that the details are not accessible to third parties.
The Client’s order is recorded and validated once the payment has been accepted by the bank.
The Client’s account will be charged the corresponding amount only when (i) the data of the credit card used have been verified and (ii) the charge has been accepted by the issuing bank.
The order validated by the Client will only be considered effective once the secure payment center has approved the transaction.
MentorShow will issue an invoice, which will be sent to the Client in digital format unless the Client explicitly requests to receive the invoice by another means at their own expense.
ARTICLE 9: RIGHT OF WITHDRAWAL
In the context of distance selling and in accordance with the provisions of the Consumer Code, the Client, who subscribes via the website https://mentorshow.com, has a period of fourteen full days to exercise their right of withdrawal without penalty. This period begins from the day the Client initially subscribes to the Services.
The cancellation request can be made by contacting the email address provided on the Site, which will inform the Client of the necessary steps to follow, including specifying the name of the Online Course for which the Client wishes to receive a refund.
Once the request is received, MentorShow will refund the amounts paid by the Client within 7 calendar days, in addition to the refund processing time specific to each bank.
The right of withdrawal is excluded, in accordance with Article L221-28 13° of the Consumer Code, in the following cases:
- Services are customized according to the Client’s specifications or clearly personalized;
- The service has been fully performed before the end of the withdrawal period and its execution began after the express prior consent of the consumer and express waiver of their right of withdrawal;
- The service consists of the provision of a fully executed service before the end of the withdrawal period, and its execution began after the Client’s prior express consent and waiver of the right of withdrawal;
- The service consists of the provision of digital content not supplied on a physical medium, and its execution began before the end of the withdrawal period, if the contract imposes an obligation to pay.
In this case, the digital content is accessible immediately after payment by the Client. As a result, the execution of the contract begins as soon as payment is finalized.
However, Clients wishing to obtain a refund for their individual Course(s), their “Unlimited Pass,” or their subscription to the MentorCoaching Service may do so by simple request within 14 days of the date of purchase, by sending their refund request as indicated above.
Holders of an “Unlimited Pass” or a MentorCoaching subscription will be refunded the subscription amount within 7 calendar days and their subscription will be canceled without needing to make a specific request.
All the above provisions do not apply to a subscription made through a third party (for example, via the Apple App Store or Google Play Store), in which case the applicable refund policy of the third party marketplace will apply, unless explicitly stated otherwise by MentorShow. Unless explicitly stated otherwise by MentorShow, the third-party marketplace will be solely responsible for refunds in accordance with its refund policy, and MentorShow will have no obligation to refund. MentorShow disclaims all liability related to a third-party marketplace’s refund policy or its compliance or non-compliance with that policy.
ARTICLE 10: LIABILITY
11.1 In the event of non-compliance with the GCU/GCU, the Company may unilaterally and without delay cancel the registration of any Client or the account of any Trainer and/or Expert, by simple electronic notification, without prejudice to any damages that may be incurred. The Company may claim compensation for the breach.
11.2. The company WeMentor cannot be held liable for any direct or indirect, material or immaterial, patrimonial, non-patrimonial or moral, financial or commercial damage, including those related to, but not limited to:
any loss suffered;
any loss of profit;
any damage to reputation or credit;
all costs and expenses incurred;
any devaluation;
any other professional impact.
11.3 The information and documentation on this site and accessible through this site come from professional sources. However, this information and documentation may contain inaccuracies. WeMentor reserves the right to correct them as soon as it is informed of these errors.
The use of the information and documentation available on this site is under the full and exclusive responsibility of the user, who assumes all the consequences that may arise, without the liability of the WeMentor company being sought in this regard, and without recourse against the latter.
WeMentor is not liable for damages of any kind resulting from the interpretation or use of the information and documentation available on this site.
ARTICLE 11: FORCE MAJEUR
Neither party shall be deemed to have failed in its contractual obligations insofar as their performance is delayed, hindered, or prevented by a fortuitous event or force majeure.
A fortuitous event or force majeure is understood to mean any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten business days from the date it became aware of them.
The two parties will then come together within one month, except in the case of force majeure, to assess the impact of the event and agree on the conditions under which the contract will be continued.
If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the affected party.
Expressly, in addition to those typically recognized by French courts, force majeure or fortuitous events include:
ARTICLE 12: PERSONAL DATA
The Data Controller for Clients’ personal data is MentorShow.
The information collected by MentorShow directly from the Client during their registration or use of the website and Application is processed to manage and monitor customer orders, deliver the ordered Courses, and communicate regarding orders, products, and targeted promotional offers.
In accordance with Regulation (EU) 2016/679 on the protection of personal data, visitors or Clients of the site and Application have the following rights regarding their data: right of access, right of rectification, right to erasure (right to be forgotten), right to object, right to restrict processing, and right to data portability.
Clients may also define instructions regarding the retention, deletion, and communication of their personal data after their death.
To exercise these rights, please contact info@mentorshow and attach a copy of your ID.
The Client agrees to be listed on MentorShow’s client reference list for commercial reference purposes. To improve the relevance of its services, MentorShow may collect statistical and non-personal information about the use of the Services and Site/Application (frequency of use, quantity and type of data entered).
In no case does the Site collect data that could identify each individual user.
MentorShow’s privacy policy is accessible at the following URL: https://mentorshow.com/privacy-policy.
COOKIE
14.1 Sean cuales sean y con excepción de los pertenecientes a terceros, todos los Servicios, formación y contenidos ofrecidos y publicados en el sitio www.mentorshow.com (en particular la Documentación, información, datos y bases de datos , software, videos, bandas sonoras, fotografías, ilustraciones, logotipos y marcas, etc.) son propiedad plena, íntegra y exclusiva de WeMentor.
Cualquier acto de adaptación, alteración, representación, copia, reproducción, uso, distribución, exhibición o explotación, total o parcial, de cualquier elemento presente en el sitio www.mentorshow. com está estrictamente prohibido el uso de cualquier proceso o medio, ya sea un servicio o contenido perteneciente a la empresa WeMentor o a cualquier tercero y salvo autorización previo y expreso exclusivamente entregado por el Sitio.
14.2 WeMentor se exime de toda responsabilidad en caso de violación de cualquier derecho de un tercero y perpetrado debido a cualquier acto o uso indebido por parte de un Usuario o un tercero de los Servicios ofrecidos, desde contenido del Sitio o Documentación publicada.
14.3 Cada Usuario del Sitio otorga a MentorShow el derecho no exclusivo de representar y reproducir el contenido que publica en el sitio, y en particular los comentarios y críticas que pueda realizar.
14.4 La marca “MENTORSHOW”, propiedad y protegida por la Compañía WEMENTOR SASU, y como tal, cualquier representación y / o reproducción y / o explotación, ya sea parcial o total, está totalmente prohibida. Cualquiera que viole el respeto a los derechos de propiedad intelectual está sujeto a sanciones.
ARTICLE 13: INTELLECTUAL PROPERTY
If any of the provisions of these terms and conditions is declared null and void, it will be considered unwritten, without affecting the validity of the other terms and conditions.
If necessary, WeMentor reserves the right to make changes to these provisions. All other provisions remain binding and effective.
ARTICLE 14: ENTIRETY OF THE CONDITIONS
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding shall in no way allow the Customer or User to fail to comply with these General Terms and Conditions of Sale.
If a condition is not explicitly mentioned, it will be considered to be governed by the practices in force in the distance selling sector for companies based in France.
The relationship between MentorShow and the Customer or User is governed exclusively by these conditions, to the exclusion of any other conditions appearing on the Website.
ARTICLE 15: DURATION AND APPLICATION
This Site and the conditions of use thereof are governed by French law, regardless of the place of use.
Any dispute shall give rise, prior to any legal action, to a mediation phase during which the parties shall attempt to reach an agreement on the dispute between them.
In the event of a dispute, and after all attempts to find an amicable solution have failed, the parties must submit the dispute to an arbitrator duly authorized to handle disputes in this area.
The costs of arbitration will be borne equally by each of the parties and will be paid directly to the arbitrator.
If you have any questions regarding these terms and conditions of use of the site, you can write to us at the following address: info@mentorshow.com
ARTICLE 16: JURISDICTION AND APPLICABLE LAW
Sales by the Services and Training Department of the MentorShow company are subject to French law. In the case of a private Customer, any dispute relating to the existence, interpretation, execution or breach of the contract concluded between MentorShow and the Customer, even in the case of multiple defendants, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the court of the Customer's place of residence.
MentorShow and the Client undertake to seek an amicable solution before any legal action before the competent courts.
Under Article L. 612-1 of the Consumer Code, “All consumers have the right to have free recourse to a consumer mediator with a view to the amicable termination of the dispute between them and a professional.” This refers to contractual disputes between a consumer and a professional concerning the execution of a sales contract or service provision contract.
In the event of a dispute between the professional and the consumer, they shall endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the option of referring the matter free of charge to the consumer mediator responsible for the professional, namely the Association of European Mediators (AME CONSO), within one year of the written complaint addressed to the professional.
The consumer mediator must be referred to:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by post addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
