General Terms of Use (GTU)
Preamble
These general terms of use of this website Performance outside the box are concluded between:
- The manager of the website, Delphine Choukroun, hereinafter referred to as “the Publisher”,
- Any person wishing to access the site and its services, hereinafter referred to as “the User”.
Article 1 – Principles
These general terms of use aim to legally frame the use of the Performance outside the box website and its services.
This website Performance outside the box is a service provided by:
- The sole proprietorship Performance outside the box
- Located in Cap d’ail, France
- Website URL: https://performanceoutsidethebox.com
- Email: contact@performanceoutsidethebox.com
- Phone number: +33 (0)9 52 67 99 88
The general terms of use must be accepted by every User, and accessing the site constitutes acceptance of these conditions.
Article 2 – Evolution and Duration of the Terms of Service
These general terms of use (GTU) are concluded for an indefinite period.
The contract takes effect for the User from the beginning of the use of the service.
The Performance outside the box website reserves the right to modify the clauses of these general terms of use at any time and without justification.
Article 3 – Access to the Site
Any User with internet access can access the Performance outside the box website for free from anywhere. The costs incurred by the User to access it (Internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The site and its various services may be interrupted or suspended by the Publisher, especially during maintenance, without prior notice or justification.
The User of the site has access to the following services:
Consultations, Professional and Personal Coaching, and Personalized Training.
The site includes a membership area reserved only for Delphine’s clients.
This is why she checks each creation of a member account.
These client Users can access it using their login credentials.
The services reserved for members are as follows: “Ongoing Care & Support” with continuous guidance through mobile connections as well in the form of monthly subscriptions.
At any time, The Users can delete their membership account.
Article 4 – Responsibilities
The responsibility of the Publisher cannot be engaged in the event of failure, breakdown, difficulty, or interruption of operation, preventing access to the site or any of its features.
The connection equipment to the site used is the sole responsibility of the User who must take all appropriate measures to protect the equipment and data, especially from viral attacks over the Internet.
The User is also solely responsible for the sites and data they consult.
Therefore, the Publisher cannot be held responsible for any legal proceedings against the User:
- Due to the use of the site or any service accessible via the Internet;
- Due to the User’s non-compliance with these general conditions.
The Publisher is not responsible for any damage caused to the User, third parties, and/or the User’s equipment due to their connection or use of the site, and the User waives any action against the Publisher for this reason.
If the Publisher becomes the subject of an amicable or judicial procedure due to the use of the site by the User, the User could turn against them to obtain compensation for all damages, sums, convictions, and expenses that may result from this procedure.
The User is allowed to post on the Performance outside the box website:
- Comments on blog articles;
- Client testimonials;
The User undertakes to express respectfully towards others and to the law as well as accepting these publications to be moderated or refused by the Publisher, without obligation of justification.
By posting on the site, the User grants the publishing firm the non-exclusive and free right to represent, reproduce, adapt, modify, and distribute their publication, directly or through an authorized third party. However, the Publisher undertakes to mention the member’s first name when using their publication.
Article 5 – Intellectual Property
All technical documents, products, photographs, texts, logos, designs, videos, etc., are subject to copyright and are protected by the Intellectual Property Code.
When they are provided to clients, they remain the exclusive property of the Performance outside the box firm, the sole holder of the intellectual property rights to these documents, which must be returned upon request.
Therefore, Delphine’s clients undertake not to make any use of these documents that may infringe upon the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party without express and prior authorization from the Publisher.
Article 6 – Hyperlinks
The establishment by the User of any hypertext links to all or part of the site is strictly prohibited, except with the prior written authorization of the Publisher, requested by email at the following address: contact@performanceoutsidethebox.com.
The Publisher is free to refuse this authorization without having to justify their decision in any way.
In the event that the Publisher grants authorization, it is in all cases only temporary and may be withdrawn at any time, without any obligation of justification on the part of the Publisher.
In any case, any link must be removed upon simple request from the Publisher.
Any information accessible via a link to other sites is not under the control of the Publisher, who declines any responsibility for their content.
Article 7 – Third-Party Sites
The Performance outside the box website relies on the WordPress platform and uses several plugins to ensure optimal management.
In addition, to ensure the sharing of information, organization, and billing of services, Delphine relies on third-party sites such as:
- Stripe: for payment services.
- WooCommerce Appointments: for the scheduling of services.
- Brevo: for sending the Newsletter.
Although security measures are in place to protect your personal data, as indicated on the Privacy Policy page, it is important to note that the Internet is not a completely secure environment, and we cannot guarantee the absolute security of the transmission or storage of information online.
To improve your User experience, Delphine integrates various third-party services.
However, please note that the use of these services is subject to their own terms of use and privacy policies. You are therefore encouraged to consult the official pages of these services to learn more about how they process your data.
Article 8 – User Rights
- Right to Use:
- As a User, you have the right to access and use the Performance outside the box website in accordance with these GTU.
- Right to Termination:
- You have the right to terminate your client account in the “Membership Access” at any time, in accordance with these GTU.
- Right to Report Abuse:
- Users are asked to report any abusive activity or content. These reports will be handled in accordance with the internal procedures and applicable laws of the Performance outside the box firm.
- Right to Privacy:
- Details on the collection, processing, and use of your personal data are specified in the Privacy Policy. Refer to this policy to learn more about your privacy-related rights.
- Right to Modify the GTU:
- We reserve the right to update or modify these GTU. Users will be informed of any significant changes, and continued use of the website constitutes acceptance of these changes.
- Right to Compliance:
- By using the Performance outside the box website, you agree to comply with these GTU as well as all applicable laws and regulations. Non-compliance with these terms may result in the termination of your account.
Article 9 – Applicable Law
These general terms of use are subject to French law.
If the parties fail to resolve a dispute amicably, the dispute will be submitted to the jurisdiction of the French courts.
Article 10 – Contact
If you have any questions or concerns about your rights as a user, feel free to contact Delphine from Performance outside the box at contact@performanceoutsidethebox.com.
Last update: March 2024