Last updated on December 6, 2022
The present General Conditions of Use (hereinafter the “T&C”) are proposed by the company SAGESSES, a limited liability company registered at the RCS of Foix under the number 529 944 043, whose head office is located at Hameau de Nestri – 09200 Alos and whose intra-community VAT number is FR07529944043.
The purpose of the present General Terms of Use is to set out all the terms and conditions for accessing the original exercise programs (and in particular the texts, graphics, images, video animations and other materials) called “FitVision Activate your resources” and any other service offered by SAGESSES and/or Ms. Cilica Chlimper (hereinafter referred to as the “Content”) accessible via the link www.yeux.activevosressources.tools (hereinafter the “Site”) to any natural person designated as being authorized to access it under his/her sole responsibility and for his/her individual use, in accordance with the TOS (hereinafter the “User”).
Any access and/or use of the Contents is subjected to the consultation and the preliminary acceptance and without reserve of the present “T&C” by the User:
Article 1. Definitions
| T&C | Terms and Conditions of Use. |
| Contents | Means all original exercise programs (including text, graphics, images, video animations and other materials) named “FitVision Activate Your Resources” provided by SAGESSES and/or Ms. Cilica Chlimper. |
| Personal Data | All data provided by the User that directly or indirectly identifies him or her or makes him or her identifiable (including his or her email address). |
| Site | Refers to the website www.yeux.activevosressources.tools. |
| User | Any natural person designated as being authorized to access the Content under his or her sole responsibility and for his or her individual use, in accordance with the “T&C”. |
Article 2. Terms of access to the Content
Access to the Contents by the User requires his prior registration on the Site, secured by (1) a personal and non-transferable identifier, provided by the User’s company which acquires the rights of temporary use of the Contents from the company SAGESSES (2) an email address created or chosen by the User and (3) a user name chosen by each User.
Any connection or action carried out using a User’s identifier and/or user name will be deemed to have been carried out by the User. Any loss, misappropriation or unauthorized use of the code, identifier and/or user name and their consequences are the sole responsibility of the User.
Article 3. Obligations of the User
In general, and without this list being considered exhaustive, the User is prohibited from :
- Download, reproduce, record, copy, compile, decompile, share with a third party or exploit, by any process or means, the Contents provided by the company SAGESSES;
- Interfere with or disrupt the operation of the Site, connected servers or networks, or refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Site;
- Usurp other people’s usernames
Otherwise, the company SAGESSES reserves the right to suspend without notice any access of a User who does not comply with the obligations and commitments listed in this article.
Article 4. Responsibility
The Contents proposed by the company SAGESSES within the framework of the program ” FitVision-Activate your resources ” are provided only for information and instruction. They do not in any way substitute for :
- any medical examination, consultation, diagnosis or treatment;
- any medical advice or counsel provided by a health care professional.
They are provided as is, without warranty of any kind.
The use of the Content is not intended to provide any medical or therapeutic benefit, or more broadly, in the field of physical or mental health.
The use of the Content provided is the responsibility of the Users and is done at their own risk.
Before using the Contents, each User shall ensure:
- that he is in good physical and mental shape;
- that there are no health-related reasons or difficulties that prevent him/her from using the Contents;
- that no health professional has advised him/her against using the Content.
In any case, the company SAGESSES will not be held responsible for any direct or indirect damage suffered by the User due to the use of the Contents.
Furthermore, as regards the accessibility of the Contents, the company SAGESSES is only bound by an obligation of means as regards their provision, taking into account in particular the hazards related to the Internet network. The company SAGESSES shall in no case be liable for any interruptions in access or services and the consequences that may result for the User.
Article 5. Personal data
SAGESSES is responsible for the processing of Personal Data from the Site and, in this capacity, is committed to respecting the law n°78-17 of January 6, 1978 (known as the “Informatique et Libertés” law) as amended and the General Data Protection Regulation (known as “RGPD”).
The User’s personal data necessary for registration (i.e. email address) are communicated to SAGESSES by the User, under the exclusive responsibility of the latter.
Furthermore, when the User visits the Site, navigation data may be collected and processed by SAGESSES for statistical purposes and/or to improve the presentation and use of the Site.
In accordance with the french law “Informatique et Libertés” and the “RGPD”, any person whose Personal Data is processed by the company SAGESSES has a right to information, access, opposition, rectification, deletion and deletion of all or part of the Personal Data concerning him/her, and a right to the limitation of the processing and to the portability of the Personal Data, which he/she can exercise by writing to : ccilica@gmail.com
To learn more about SAGESSES’ commitments regarding the protection of Personal Data, the persons concerned are invited to consult the Privacy Policy and the Cookies Policy.
Article 6. Intellectual property
The whole of the Site (including its structure, its tree structure, its graphics, its texts, graphics, images, photographs) and the Contents (texts, graphics, images, video animations and other materials) of the program “FitVision- Activate the resources” (object of a deposit CLEO n°42596 at the SGDL) are protected by the legislation in force, in particular the articles L. 122-1 and following of the Code of the the French intellectual property law.
They are the exclusive property of the company SAGESSES and/or Mrs. Cilica Chlimper.
As such, Users are only authorized to view the Contents for individual study, exclusively for their personal use.
Users can not make copies of the Content for any purpose other than their own individual and personal use, nor may they lend or sell it to third parties.
Any use, reproduction in whole or in part or commercialization of all or part of the Contents and/or the Site, and any use or extraction of any kind whatsoever, is prohibited, except with the express prior written consent of the company SAGESSES and/or Mrs. Cilica Chlimper.
Any unauthorized use would constitute an infringement within the meaning of Articles L. 335-2 and following of the Intellectual Property Code and may result in civil and/or criminal proceedings.
Article 7. Duration – Termination
The “T&C” are concluded for the duration of the User’s registration.
The User acknowledges that SAGESSES has the right to terminate all or part of the access rights corresponding to his account, or even to delete his account and password, if it has good reason to believe that the User has violated or acted inconsistently with the “T&C”, if necessary, without notice.
Article 8. Modifications to the “T&C”
The “T&C” may be modified at any time by the company SAGESSES. The modifications will come into effect as of their posting on the Site.
Article 9. No tacit waiver – Independence of clauses
The fact that the company SAGESSES has not demanded the application of any clause of the “T&C” shall in no way be considered as a waiver of its rights arising from the said clause, nor as a waiver of the application of any other clause of the present.
In the event that any clause of the “T&C” is declared null, void or invalid by a final court decision, this clause shall be deemed detachable from the other clauses of the “T&C” and shall in no way affect their validity.
Article 10. Applicable law – Disputes
These “T&C” shall be governed by French law.
The User agrees that any dispute relating to the interpretation and/or execution of these terms and conditions shall, to the extent possible, be settled through amicable negotiations.
Failing that, and within the limits of applicable law, any possible dispute will be submitted to the competent courts of Foix, France.