This agreement is between you, the user of this Website, and Rectifa, the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 to 11 and 15 to 25 of these Terms and Conditions shall be deemed to have occurred upon your first use of the Website. Clauses 3 and 12 to 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you must cease using the Web Site immediately.
No part of this Website is intended to constitute a contractual offer subject to acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur when we send you a confirmation e-mail indicating that your order has been accepted.
1. Definitions and Interpretation
In this agreement, the following terms shall have the following meanings:
"Account": refers collectively to the personal information, Payment Information and identifiers used by Users to access Paid Content and/or any communication system on the Website ;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information that can be stored on a computer that appears on or is part of this Website;
"Facilities": collectively means all online facilities, tools, services or information that Rectifa makes available via the Website, now or in the future;
"Services": means the services available to you via this Website, including the use of Rectifa's proprietary e-learning platform ;
"Payment Information": means all information required for the purchase of Services on this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"Premises": refers to our place(s) of business located at 149 avenue du Maine, 75014 Paris, France;
"System": means any online communications infrastructure that Rectifa makes available via the Website, now or in the future. This includes, but is not limited to, web e-mail, discussion forums, live chat facilities and e-mail links ;
"User(s)" means any third party accessing the Website who is not an employee of Rectifa (SASU) and is acting within the scope of his or her employment;
"Website": means the website you are currently using (rectifa.com) and all sub-domains of this site, unless otherwise specified in their own terms and conditions ;
"We/Us/Our/I/My/Mes": refers to Rectifa, a company incorporated in France under registration number 939 552 048, located in Paris 75014.
2. Age restrictions
Persons under the age of 18 should use this Website only under the supervision of an adult. Payment Information must be provided by or with the authorization of an adult.
3. Professional customers
These Terms and Conditions also apply to customers purchasing Services as part of a commercial/professional activity.
4. Intellectual property
- 4.1 Subject to the exceptions set out in Clause 5, all Content included on the Website, unless uploaded by Users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layouts, underlying code and software, is the property of Rectifa, our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by the applicable intellectual property laws of France (articles L.335-2 et seq. of the French Intellectual Property Code) and by international laws.
- 4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or otherwise re-use any material from the Website unless otherwise stated on the Website or unless expressly permitted by us in writing.
5. Third-party intellectual property
- 5.1 Unless otherwise indicated, all intellectual property rights, including but not limited to copyright and trademarks on product images and descriptions, belong to the manufacturers or distributors of the products concerned.
- 5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or reuse these materials without the express written permission of the relevant manufacturer or supplier.
6. Fair use of intellectual property
Website material may be reused without written authorization where one of the exceptions defined by the French Intellectual Property Code (CPI), in particular articles L122-5 et seq. applies.
7. Links to other websites
This Website may contain links to other sites. Unless otherwise indicated, these sites are not under the control of Rectifa or our affiliates. We take no responsibility for the content of these sites and disclaim all liability for any loss or damage arising from their use.
8. Links to this Website
Anyone wishing to insert a link to this Website may do so only to the home page (rectifa.com) without our prior authorization. Deep links (to specific pages of the site) require our express written permission.
9. Use of communication facilities
- 9.1 When using any System on the Website, you must comply with the following rules:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit any illegal or unacceptable Content (abusive, threatening, defamatory, sexist, racist, etc.);
- 9.1.3 You must not incite violence;
- 9.1.4 We recommend using English or French, as we may not be able to respond in other languages;
- 9.1.5 You must not impersonate any other person;
- 9.1.6 You must not use our System for unauthorized communications such as "spam".
- 9.2 You acknowledge that Rectifa reserves the right to monitor any communication made to us or via our System.
- 9.3 You acknowledge that Rectifa may retain copies of any communications made to us or via our System.
- 9.4 You acknowledge that any information you send to us via our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you wish to impose on our use of such information must be communicated to us in advance, and we reserve the right to refuse such conditions and associated information.
10. Accounts
- 10.1 In order to purchase Services on this Website or subdomains and to use certain other parts of the System, you must create an Account which will contain certain personal information and Payment Information. This information may vary depending on your use of the Web Site or subdomains, as we may not require Payment Information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that :
- 10.1.1 All information you provide is accurate and truthful;
- 10.1.2 You are authorized to submit Payment Information when required;
- 10.1.3 You will keep this information accurate and up to date. The creation of an Account constitutes further confirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, in particular your username and password. We accept no responsibility for any loss or damage arising from you sharing your Account details. If you are using a shared computer, we recommend that you do not save your Account details in your Internet browser.
- 10.3 If you have reason to believe that your Account information has been obtained by another person without your consent, you must contact us immediately so that we may suspend your Account and cancel any pending unauthorized orders or payments. Please note that orders or payments can only be cancelled prior to the commencement of the Services. If any unauthorized provision commences before you notify us of the unauthorized nature of the order or payment, you will be billed for the period from the commencement of the provision of the Services to the date you notified us, and you may be billed for a one-month billing cycle.
- 10.4 When choosing your username, you must comply with the conditions set out above in Clause 9. Failure to do so may result in the suspension and/or deletion of your Account.
11. Termination and cancellation of accounts
- 11.1 Either you or Rectifa may terminate your Account. If we terminate your Account, you will be notified by e-mail and provided with an explanation of the termination. Notwithstanding the foregoing, we reserve the right to terminate an Account without having to justify our decision.
- 11.2 If we terminate your Account, any outstanding or pending orders or payments will be cancelled, and provision of the Services will not commence.
12. Services, pricing and availability
- 12.1 Although every effort has been made to ensure that all general descriptions of the Services available via Rectifa correspond to the Services actually provided, we are not responsible for any variations, as the exact nature of the Services may vary according to your specific needs and circumstances. This does not exclude our liability for errors due to our negligence and applies only to variations of the correct Services, and not to totally different Services. Please refer to sub-clause 13.8 for any incorrect Services.
- 12.2 Where applicable, you may be required to select the Service Plan required.
- 12.3 We do not guarantee that these Services will be available at all times and we cannot confirm their availability until your Order has been validated. Indications of availability are not displayed on the Web Site.
- 12.4 All pricing information on the Website is accurate at the time of posting. We reserve the right to change prices and alter or remove any special offers at any time and if necessary.
- 12.5 If prices are changed between the time an order is placed and the time we process that order and receive payment, then the price in effect at the time of the order will apply.
13. Orders and provision of services
- 13.1 No part of this Website constitutes an offer subject to acceptance. Your order constitutes a contractual offer which we may, at our sole discretion, accept. Our acceptance is indicated by the sending of an order confirmation e-mail. Only after this has been sent will a binding contract exist between you and Rectifa.
- 13.2 Order confirmations under sub-clause :
- 13.2.1 Confirmation of the Services ordered, including the main characteristics of these Services ;
- 13.2.2 Detailed pricing for the Services ordered, including, where applicable, taxes, delivery and other additional charges;
- 13.2.3 Deadlines and dates relevant to the provision of the Services ;
- 13.2.4 User IDs and information required to access services.
- 13.3 If, for any reason, we do not accept your order, no payment will be taken under normal circumstances. Where applicable, any sums already paid in relation to this order will be refunded within 14 calendar days.
- 13.4 Payment for Services will be made via your chosen payment method, immediately for any set-up fees corresponding to the selected service plan, and on the same date of each subsequent month (billing cycle) for fees incurred during the previous month, and/or as indicated in the order confirmation e-mail.
- 13.5 We endeavour to process your order within 2-5 working days, or within a reasonable time after placing the order, except in exceptional circumstances. If we are unable to process your order within a reasonable period of time, we will inform you as soon as the order has been placed by means of a note on the relevant page of the website or by contacting you directly after the order has been placed. Meeting deadlines is not an essential condition of the contract, which means that we will endeavour to meet the agreed deadlines, but we will not be liable if we fail to do so. If the Services are to commence within 14 days of acceptance of your order, you must expressly acknowledge that your statutory right of cancellation will be affected (detailed in Clause 14).
- 13.6 Rectifa will use all reasonable endeavours to provide the Services diligently and competently in accordance with best commercial practice.
- 13.7 If the Services provided do not correspond to your order and are incorrect, you must contact us immediately to inform us of the error. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to certain Services. You will need to read and confirm your acceptance of these terms and conditions when completing your order.
- 13.8 Rectifa provides technical support via its online support forum, by email and/or by telephone. Rectifa makes every effort to respond promptly, but does not guarantee any particular response time.
14. Cancellation of orders and services
We want you to be completely satisfied with the Products or Services you order from Rectifa. If you wish to contact us regarding your order, please send an e-mail to contact@rectifa.com, or write to us at our address (see section 1 above). You may cancel an accepted order within 14 days. If specific conditions accompany a Service, the cancellation policy specified in those conditions will apply.
- 14.1 If you are a consumer based in the European Union, you have a statutory right of withdrawal of 14 days. This period begins as soon as your order is confirmed and the contract between Rectifa and you is formed, and ends 14 calendar days after this date. If you change your mind about the Services during this period and wish to cancel your order, please inform us immediately by contacting us by e-mail at contact@rectifa.com. Your right to cancel during this period is subject to the provisions of sub-clause 14.2.
- 14.2 As specified in sub-clause 13.6, if the Services are to commence before the end of the withdrawal period, you must expressly request this. By requesting that the Services commence before the end of the 14 calendar days, you agree and acknowledge the following:
- 14.2.1 If the Services are fully executed before the end of the 14 calendar days, you will lose your right to cancel once the Services have been completed.
- 14.2.2 If you cancel the Services after they have commenced but before they have been completed, you will be required to pay for the Services provided up to the time you inform us of your wish to cancel. The amount due will be calculated on a pro rata basis of the total price of the Services and the services already provided. Any payment already made will be refunded after deduction of the corresponding costs. Refunds, if any, will be made within 5 working days, but no later than 14 calendar days after notification of your cancellation.
- 14.3 Cancellation of Services after the 14-day withdrawal period will be subject to the specific terms and conditions of the Services concerned and may include a minimum contract period.
15. Privacy
Use of the Website is also governed by our Privacy Policy available at rectifa.com/privacy. This policy is incorporated into these Terms and Conditions by reference. To view the Privacy Policy, please click on the link above.
16. Use of your Personal Information (Data Protection)
- 16.1any personal information we collect (including, but not limited to, your name and address) will be collected, used and stored in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR).
- 16.2 We may use your personal information to:
- 16.2.1 Providing our Services ;
- 16.2.2 Processing your payments for the Services ;
- 16.2.3 Inform you of new products and services available from us. You may request not to receive this information at any time.
- 16.3 In certain circumstances (for example, if you wish to purchase Services on credit), and with your consent, we may pass your personal information to credit rating agencies. These agencies are also subject to data protection laws and must treat your information accordingly.
- 16.4 We will not pass on any personal information to third parties without obtaining your prior consent.
17. Liability exclusions
- 17.1 We do not warrant that the Website will meet your requirements, that it will be error-free, that it will be secure, or that all information provided will be accurate. We do not guarantee any specific results from the use of our Services.
- 17.2 No part of this Website constitutes professional advice tailored to your specific business realities and issues. Its content is provided for information purposes only and is not a substitute for qualified professional advice. Accordingly, we disclaim all liability for any decisions made on the basis of the content of the site and for any consequences whatsoever that may arise therefrom.
- 17.3 No part of this Website constitutes a contractual offer that can be accepted.
- 17.4 Although we take reasonable steps to ensure the security of the Website, we cannot guarantee that it will be completely free from viruses or malicious attacks. You are responsible for protecting your own data and equipment.
18. Modifications to features and General Terms and Conditions
We reserve the right to modify the Web Site, its content, or these Terms and Conditions at any time. You will be bound by such changes from the date of your first use of the Web Site after such changes are made. If a change is required by law, it will automatically apply to current and new orders.
19. Website availability
- 19.1 The Website is provided on an "as is" and "as available" basis. Rectifa implements industry best practices to ensure high uptime, including redundant architecture hosted on cloud servers. However, we do not guarantee that the Website will be free from defects or failures, and we do not offer any refunds for interruptions.
- 19.2 We are not responsible for interruptions to the Website caused by external factors, including:
Internet Service Provider (ISP) equipment failure
Hosting server failure
Communication network problems
Power outages
Natural disasters
Acts of war
Legal restrictions and censorship
20. Limitation of liability
- 20.1 To the fullest extent permitted by law, we will not be liable for any direct or indirect damages, whether foreseeable or unforeseeable, including but not limited to financial loss, loss of data, business interruption, or any special, exemplary or consequential damages resulting from the use of the Website or the information contained therein.
- 20.2 Nothing in these General Terms and Conditions shall exclude or limit our liability for gross negligence, fraud or wilful misconduct.
- 20.3 If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable, it shall be severed from these Terms and Conditions without affecting the validity and enforceability of any remaining provisions.
21. Non-waiver
The failure of any party to these Terms and Conditions to exercise any right or remedy shall not constitute a waiver of such right or remedy.
22. Previous terms and conditions
In the event of any conflict between these General Terms and Conditions and any previous version, these General Terms and Conditions shall prevail, unless expressly stated otherwise.
23. Third-party rights
Nothing in these Terms and Conditions shall confer any rights on any third party. This agreement is solely between you and Rectifa.
24. Communications
- 24.1 All communications must be sent : By post: to our address indicated in section 1. By e-mail: to contact@rectifa.com. These communications will be considered received: 3 days after dispatch (if sent by priority mail). The same day (if the e-mail is received on a working day). The next working day (if the e-mail is sent on a weekend or public holiday).
- 24.2 We may send you information about our products and services. If you no longer wish to receive them, click on the "Unsubscribe" link in our e-mails.
25. Applicable law and jurisdiction
These Terms and Conditions and the relationship between you and Rectifa shall be governed by and construed in accordance with the laws of France. You agree to submit to the exclusive jurisdiction of the competent courts in France.
