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Terms of use

Copyright © 2014 P&S International – All rights reserved

These general terms of sale apply between:

P&S International – A Simplified Single-Member Company, owner of YesYouLearn with a capital of €10,000, headquartered at 3 rue Gerando, 75009 Paris, the President of which is Mr. Cyril Seghers, and which is registered in the RCS of Paris (FRANCE) under number 793 439 555.

contact@yesyoulearn.com

And

Any person acting individually or representing a legal entity who visits or completes a purchase through the website www.yesyoulearn.com belonging to the company P&S International, an online training organization.

Hereinafter the “Customer”

Any order placed on the website www.yesyoulearn.com implies a prior review and acceptance of these general terms.

The site www.yesyoulearn.com is a website for online courses for anyone wishing to gain knowledge or practice a hobby through different course’s pathways presented on media directly accessible online (text and photos, videos, tutorials, quizzes, etc.) thanks to their personal space and via a simple internet connection.

Since the site www.yesyoulearn.com is an electronic commerce platform, the customer acknowledges having been perfectly informed of the fact that the agreement to the contents of these general terms of sale does not require a handwritten signature of this document.

Customers are invited to save and print these general terms of sale, which shall serve as proof between the parties.

The customer declares being of legal age and having the full legal capacity to commit to these general terms and to enter into contracts under French law.

1. Purpose

These general terms serve the purpose of defining the rights and obligations of the parties as it relates to remote sales by P&S International of online courses through different online media (text and photos, videos, tutorials, quizzes, etc.). These courses are accessible from the customer’s personal space after payment by the customer of the selected course program.

2. Enforceability of the general terms of sale

The version of the general terms of sale enforceable upon the customer is the one found on the site at the moment of validation of the order by the customer. The different versions of the general terms of sale are archived by P&S International. These general terms of sale are subject to being modified or eliminated at any time.

3. Unavailability of the site

The website www.yesyoulearn.com or access to one or more services from the site, such as the online sales platform may, without notice nor compensation, be temporarily or definitely closed and without the user being able to claim any sort of compensation.

4. Courses

4.1 Programs

Different courses in the form of training packages and single courses are available to the customer. Information on the course and the conditions inherent to each course are stated when selecting the course, and remain available in the offer description visible on the site www.yesyoulearn.com.

 

4.2 Learning cycle

To enable an optimal learning cycle (theory and practice), customers have access to courses via their online personal space.

 

P&S International may perform maintenance on one or more courses in the event of a technical problem or in order to improve its contents. This resulting in a temporary shutdown of the course. Customers may, upon request, receive an extension of their contract of a duration corresponding to that judgment in order to enjoy an optimal time to complete the training.

 

4.3 Availability

Courses are available in the personal space of the customer for a variable duration that depends on the program selected.

The access period begins on the date of the order confirmation email sent by YesYouLearn, which provides access to the first course in the selected program. The access period is calculated in order for the Customer to have plenty of time to complete the purchased training.

All courses can be found in the personal space of the customer for the entire duration established for the selected program.

4.4 Saving

The only obligation of P&S International is to make the courses available from the personal space of the customer for the entire access duration of the latter. Videos may not be saved or shared by the customer in any case.

4.5 Information/Guarantees

The greatest care has been taken for the online publication, prior to the completion of the order, of the related information, notably the essential characteristics of the courses being sold and payment methods. However, minimal variations in the representation of the course(s), not affecting the essential characteristics, may arise. These variations shall in no case affect the contractual responsibility of P&S International.

The customer acknowledges having received all the useful information and advice allowing him or her to make, under his or her sole responsibility, all decisions regarding the selection of course(s) especially depending on the photography device he or she owns. The customer has verified that the course(s) conform to his or her needs and that he or she owns software that allows him or her to open and read the file formats used for the course(s).

P&S International does not guarantee the adequateness of the courses to the needs of the customer, who is solely responsible for the choices made at the moment of ordering as well as for the assimilation of courses by the customer, which depends notably on the diligence and seriousness of the customer as it relates to the understanding and the using photography techniques. Exercises have a pedagogical goal of personal research and improvement that does not imply any reciprocity from P&S International.

4.6 Certificate of Completion

Depending on the program, it is specified on yesyoulearn.com whether a certificate is issued to the Customer. The procedure for obtaining this certification is also explained on the site.

This personal Certificate, internal to P&S International, is not recognized by the State as a professional training.

P&S International shall send this Certificate in a digital format (PDF file).

5. Prices

Prices in the order are provided on the online sales section dedicated to this.

Prices posted at the site www.yesyoulearn.com include taxes.

Any changes in the applicable VAT/GST rate shall be automatically included in the price of products in the sales section.

In the email confirmation of the customer order, the total amount of the order (all taxes included) shall be included.

Prices don’t include the communication costs linked to the use of an online sales service, which remain the responsibility of the customer. P&S International reserves the right to modify its prices at any time. However, the products shall be invoiced based on applicable rates at the moment the order is recorded.

6. Account and password creation

To place an order, the customer must create an account at www.yesyoulearn.com.

Account creation is free and comprises particularly the following steps:

  • Entering an email address.
  • Choosing a password.

The customer is solely responsible for preserving and maintaining the confidentiality of his address mail and password and of the information that he or she sends. Any use of the address mail and password by the user implies the irrefutable presumption that the user accesses the services of the site.

The account allows for access by the customer to the services of www.yesyoulearn.com and is accessible through the address mail and password of the customer.

The customer must immediately notify P&S International of any loss or unauthorized use or try of use of his or her account, username and password. Likewise, any fraudulent action by the student corresponding to these points will be considered as a failure.

Any failure to these obligations will lead to the removal of the student.

7. Order

 

7.1 Order intake

Order intake comprises the following steps:

  • Step 1: Selection of a program.
  • Step 2: Creation of a customer account. Filling out the mandatory fields of the identification and/or information forms. The customer verifies the truthfulness and accuracy of the information provided.
  • Step 3: Review of the general terms of sale.
  • Step 4: Acceptance of the general terms of sale by marking the case “I declare that I have read the General Terms of Sale and I accept them without reservations.”
  • Step 5: Validation of the order.
  • Step 6: The customer receives an electronic delivery confirmation for the order.
  • Step 7: The customer accesses the course from his or her personal space.

Any orders placed by the customer through the steps mentioned above constitutes irrevocable acceptance of the general terms.

7.2 Order confirmation

In conformity with applicable regulations, the contractual information shall be confirmed by email to the email address provided by the customer on the order form.

This confirmation email will notably contain the following information:

  • The order reference number
  • The details of the order

The customer is responsible for maintaining the contractual information using media of his or her choice.

The P&S International company reserves the right not to confirm the order, notably in case of rejection for the payment, wrong address or any other problems in the customer’s account. In this case, P&S International shall inform the customer by email.

The order does not become final until the customer has paid the entire price.

8. Payment

 

8.1 Payment methods

Payment takes place online using a PayPal account or a credit card. Debiting the card takes place at the moment of ordering.

No banking information about the customer goes via the site www.yesyoulearn.com. The customer’s order is recorded and validated through the acceptance of payment by the banking services offered by P&S International’s partner banks, notably PayPal.

8.2 Payment default

In case of defaulting on the payment of the price without a legitimate reason, P&S International shall have the right to claim late interests calculated on the basis of the applicable legal rate increased by three points, applicable from the date that the payment is due.

In the case of litigious collection (collection agency, attorney or bailiff) and following a simple postal communication, the debt to P&S International shall be increased by 15% in application of the penalty clause in addition to the costs and interests stipulated above and an all-inclusive indemnity payment of 40 euros for any sales to a professional, which may be increased depending on the actual costs incurred by P&S International.

8.3 Ownership

The courses made available to the customer remain the property of P&S International in application of copyright.

9. Guarantee

 

9.1 Guarantee against hidden defects

P&S International is responsible for respecting the legal guarantee against hidden defects as established by article 1641 of the Civil Code, which states: “the seller is responsible to guarantee against hidden defects of an item which would make it unsuitable for the use it is destined for or which would diminish said use so that the buyer would not have acquired it or would have paid a lower price if he or she had been aware of these”.

In all cases, P&S International cannot be held responsible for the misuse of courses by the customer or for noncompliance with the regulatory and legislative provisions applicable in the country of reception.

9.2 Non-conformity/Defectiveness

In case of non-conformity or defectiveness of the course(s) made available to the customer, the customer must inform customer service at P&S International by email at the address provided at the top of this document, by writing, clearly, the reason for refusal.

P&S International thus commits to complete an exchange or refund for the customer. Refunds shall take place within a period of 14 days to be counted from the date of reception of the email from the customer by P&S International.

10. Existence of a conventional right of withdrawal

In conformity with applicable legal provisions, P&S International is not subject to the application of the right of withdrawal of seven days established by article L.121.20 of the code of consumption since it confirms and executes the order by making the first course available through the customer’s personal space (digital works). However, as a goodwill gesture, P&S International grants this special right to customers who purchased directly on the site www.yesyoulearn.com. Every customer of this kind will be able to cancel his programs within a timeframe of 14 days to be counted from the date of purchase, in the case he did not log in since the date of his registration. Reimbursement to the customer shall take place within a maximum timeframe of 14 days to be counted from the date of reception of the customer’s email.

In case of order with an external partner, the customer must ask a reimbursement by this company.  

11. Protection of personal information

The information requested, notably through forms, is necessary for processing the order and, as the case may be, will be communicated to the service providers in charge of completing the order. It may also be used to better know the customer and adapt the offer from P&S International to the needs of the customer.

In conformity with Law No. 78-17 of 6 January 1978, about information technology, files and liberties, the handling of nominative information collected on the site www.yesyoulearn.com is subject to a receipt declaration No. 1743985 from the National Commission for Information Technology and Liberties (CNIL). The customer has the right to access, modify, rectify and eliminate the information pertaining to him or her. To exercise this right, the customer must send an email to customer service at P&S International at the following email address: contact@yesyoulearn.com or a letter to the address provided at the top of these general terms.

12. Intellectual property

 

12.1 General information

Components belonging to P&S International, such as the website www.yesyoulearn.com, brands, drawings, models, images, sound and video clips, text, photos, logo, graphical chart, tutorials or videos, with this list not being exhaustive, are the exclusive property of P&S International.

These general terms do not imply a transfer of any sort of the intellectual property rights over the components belonging to P&S International in favor of the customer.

P&S International grants a non-exclusive, personal and non-transferrable right to access the site for use in conformity with the terms defined in this document.

All courses (text, comments, drawings, works, images, videos, sounds, etc.) are strictly reserved to P&S International as it relates to copyright.

Links of the hypertext type to the homepage of the site www.yesyoulearn.com or any other page must systematically be subject to an authorization request and must be withdrawn upon simple request from P&S International.

12.2 License

Courses are reserved for individual persons or legal entities for exclusively personal use. Training centers are excluded from the license.

P&S International only grants the customer the right to use the aforementioned courses as part of personal learning.

Any other use constitutes infringement and is subject to criminal punishment under Intellectual Property.

Therefore, the customer agrees not to cause harm, directly or indirectly, to the property rights of P&S International and agrees not to use the names, brands, logos or animation concepts in any way. Any resale, exchange or rental of the files, videos and/or tutorials to a third party is strictly forbidden.

The customer agrees to respect all the rights of P&S International and agrees not to create any analogy in the mind of the public for any purpose.

It is otherwise specified that the courses may contain identification mentions from P&S International, which the customer agrees not to modify or eliminate.

13. Responsibility

P&S International cannot be held responsible for the non-execution of its obligations due to a case of force majeure in the sense generally accepted by French law and courts or for reasons beyond its control (constraints and limits on the internet network, network failure, sluggishness or interruption of the customer’s internet service provider, etc.).

In any case, and as much as allowed by regulations, the responsibility of the company P&S International is limited to the price of the program selected by the customer.

Moreover, P&S International may not be held responsible as allowed by applicable regulations for direct damages, notably immaterial damages, or indirect damages that may result from accessing the site or from an inappropriate use by the customer of the techniques mentioned in the courses. The customer is also reminded that the hyperlinks located at www.yesyoulearn.com link to other sites and that their contents remain the sole responsibility of the operators and owners of said sites.

14. Integrity

In case one of the clauses of this contract is null and void by a change in legislation, regulations or by a legal decision, this shall in no case affect the validity and compliance with these general terms of sale.

15. Duration

These terms apply for the entire duration of online access to the services offered by P&S International.

16. Proof

Computer registries, maintained in the servers of P&S International or those of its hosts, shall be considered as elements of proof of communication, orders and payments that have taken place between the parties.

17. Applicable law

These general terms are subject to French law. This applies both for form and contents.

In no case does P&S International provide a guarantee in conformity with local legislation that would be applicable from the place an Internet user access the site from another country. In case of contestation, the litigation shall be, if there is no amicable solution, the exclusive competence of the competent French courts.