Sunday December 6, 2020
The purpose of these Terms and Conditions of Use and Sale (hereinafter referred to as “TCUS”) is to provide the legal framework of the terms of provision of the website https://masterbusiness.com/fr (the “Site”) and define the conditions for “the User” to access and use the Site’s services.
MB Corporate International LP, with registered office at 101 Rose Street South Lane, EH23JG, Edinburgh, UK and is registered under number SL034026 (“Master Business”) offers a personalized membership service allowing Users to access training videos (“MB Content”) streamed over the Internet on certain computers and other connected devices (“MB compatible devices”).
These TCUS govern how you use our service. As used herein, the expressions “MB service”, “our service” or “the service” designate the personalized service provided by Master Business which allows you to search and view MB Content, including all of the features, recommendations, the Site and user interfaces, and all MB Content and software associated with our service.
Master Business recommends Users read these TCUS carefully. Signing up to the Site implies that Users accept the TCUS. The details of each membership are indicated on the Site’s dedicated page. Photographs or images on the Site are not contractual.
The User acknowledges having read and accepted the TCUS by checking the box provided to do so before signing up online.
These TCUS are systematically provided to any User who may request them.
1.1: Your Master Business membership provides you with access to the MB service until it terminates or expires depending on the conditions of your membership package. You must have Internet access and a device compatible with Master Business to use the Master Business service and must provide us with one or more Payment Methods. A “Payment Method” infers a current, valid and accepted method of payment that can be occasionally updated and may be used with a third party to pay through your account. Unless you terminate your membership before your billing date, you authorize us to charge the membership fees to your Payment Method for the next billing cycle (monthly or yearly depending on the terms of the membership) – see “Termination” below.
1.2: We offer various different membership packages including special promotional packages. Some membership packages may have different conditions and restrictions which you will be informed of when you sign up or in other communication material sent to you. You can find the specific details of your Master Business membership by visiting our website and clicking on the “My Profile” link at the top under your profile name.
When a User wants to sign up to MB services, the price of the membership will be displayed in Euros or USD dollars depending on the currency of the country that the User connects from. Prices are displayed either excluding tax (no VAT) or including tax (with VAT) depending on whether or not the User is an individual or a company and the country that they are connecting from. The Price includes applicable reductions in force on the day the membership is purchased. Details of memberships are given on the corresponding page on the Site. Under no circumstances may Users expect any reductions to be applied that are no longer in force on the day the membership is purchased.
1.4: The User must fill in all the mandatory fields with the relevant information to sign up to the website, otherwise the User will not be able to complete the registration process.
1.5: You state that all the information you provide on the Site is true, including during the registration process. You agree to update your personal information from the relevant page and in the “My Profile” section of the Site.
2. Billing and termination
2.1: Billing cycle
Membership fees for MB services will be billed via your Payment Method on the billing date shown on your “My Profile” page. The length of your billing cycle will depend on the type of membership you choose when you sign up for the service. In some cases, your billing date may change e.g. if your Payment Method did not work or if your paid membership started on a day that is not listed in a given month. Please log on to the website and check the “My Profile” page to find out when you will next be billed.
2.2: Payment Method
To use MB services, you must provide us with one or more Payment Method. You authorize us to debit your account via any Payment Method you have on your account if your primary Payment Method is declined or can no longer be used to pay your membership fees. You are liable to pay any outstanding amount that is not withdrawn. If a payment is unsuccessful because your card has expired, does not have sufficient funds or for any other reason, and you do not terminate your account, we may suspend your access to our service until we have successfully managed to withdraw the sum owed from your account using a valid Payment Method. For certain Payment Methods, the service provider may charge you fees (e.g. for international transactions) to process your Payment Method. Local tax charges may vary depending on the Payment Method you use. Please contact your Payment Method provider for more information.
2.3: Updating your Payment Methods
You can update your Payment Methods by accessing the “Back Office My Profile” page. We may also update your Payment Methods with information provided by payment service providers. After any update, you authorize us to continue debiting your account via the relevant Payment Method.
You can terminate your Master Business membership at any time and will continue to be able to access the service until the end of your billing period. Payments are non-refundable and no refund or credit will be given for any period where the service has been used partially, or for any unwatched MB Content. To terminate your membership, go to the “My Profile” page, click on “Terminate my membership” and follow the instructions. If you terminate your membership, your account will be automatically closed at the end of your current billing period. To find out when your account will end, please click on the “My Profile” page.
2.5: Changes to pricing and memberships
We may change our pricing or membership service occasionally. However, any such changes will only be applicable after a minimum period of 3 days after we inform you as such.
3. MB Service
3.1: You must be 18 years of age, or have reached the legal age of majority in your province, territory or country, to sign up to MB services. Minors may only use the service under adult supervision.
3.2: MB services, as well as any content viewed through the service, is reserved for personal, non-commercial use only and must not be shared with third parties. During your membership, you have a limited, non-exclusive and non-transferable right to access MB services and watch MB Content. Apart from these cases, you are not granted any right, title or interest. You agree not to screen any of the content to a public audience.
3.3: You may only watch MB Content in countries where we offer our service and where we hold the corresponding licenses. The available content may vary by region and is subject to change at any time.
3.4: MB services, including the contents of the library, is regularly updated. We also regularly test various aspects of our service, including our website, user interfaces, promotional offers and the availability of MB Content. You can opt to not participate in tests at any time by going to the “Account” page and changing the “Participation in tests” settings.
3.5: You agree not to store, reproduce, distribute, modify, broadcast, perform, publish, grant, create derivative works of, sell or use (except with the express authorization mentioned in these TCUS) MB services’ content or information (or obtained from MB). You also agree not to bypass, remove, modify, deactivate, destroy or sabotage the content protection within the framework of MB services; use bots, web crawlers, web harvesting tools or any other automated methods to access MB services; decompile, reverse engineer or disassemble any software, product or process within MB services; insert any code or product, or manipulate the content of MB services in any way; nor use any method of data mining, collection or extraction. Similarly, you agree not to download, display, email, send or transmit content in any way with a view to interrupting, destroying or restricting the software or computer equipment or telecommunications associated with MB services from functioning properly, including any virus or any other computer code, file or program. We reserve the right to terminate or restrict you from using our service if you violate these TCUS or use the service illegally or illicitly.
3.6: The display quality of MB Content may vary from device to device and may be influenced by various factors, including your location, available bandwidth and/or the speed of your Internet connection. Internet connection costs are your responsibility. Please contact your Internet Service Provider for details about possible Internet data usage charges.
4. Account passwords and access
4.1: The User who created the MB account and is charged the membership fees via the chosen Payment Method (the “Account Holder”) can access the Master Business account and has control over it and Master Business compatible devices used to access our service. This User is liable for any activity that happens with his/her Master Business account. To control the account and prevent anyone else from accessing it (especially information about the account’s reading history), the Account Holder must control the devices which are used to access the Master Business service and must not divulge their password or details of the Payment Method linked to the account to anyone. Doing so incurs the risk of the account being suspended or deleted.
4.2: You are personally liable for updating and maintaining accurate information about your account. We may terminate or suspend your account to protect you, Master Business or its partners, against any identity theft or other fraudulent activity. If your account is deleted, all of the advantages and services acquired on the Site will be lost.
4.3: If Master Business deletes your account because you failed to fulfill the duties and obligations set out in these TCUS, the offending Account Holder is formally prohibited from creating another account on the Site directly, through another email address or by a proxy without the express authorization of Master Business.
4.4: If an account holder suspects fraud at any time, he/she must contact Master Business as soon as possible so that Master Business can take the necessary measures and regularize the situation.
5. Personal data processing
5.1: Master Business is in charge of data processing and may collect and process personal data about Users who want to access the Site from information provided during the sign-up process, cookies, or any other data form that Users may fill in on the Site. If Users do not want their data to be processed, they should not use the Site.
5.2: The collected data is required to handle requests and process Master Business files and will be kept for durations that are proportional to the purposes that they were collected for and in compliance with the incumbent obligations on the data processing manager. Data is mainly intended to be used by Master Business’s relevant services, service providers and subcontractors, where applicable.
5.3: Within the limits set by the European Data Protection Regulation, Users may access, modify, alter, limit and oppose their personal data from being processed, as well as request it to be transferred or deleted as long as they can justify doing so with a legitimate reason. Any such requests must be emailed to the data processing manager at firstname.lastname@example.org.
5.4: The data processing manager commits to physically and logically protecting personal data in accordance with the requirements of the European Data Protection Regulation.
5.5: Master Business may use third-party companies to carry out certain operations. By browsing the Site, the User accepts that third-party companies can access their data to enable the Site to function properly. These third-party companies only have access to the data collected to perform specific tasks. Master Business will nonetheless remain liable for processing the data. In addition, the User may therefore be required to receive information or commercial offers from Master Business or its partners. At any time, Users can choose to stop receiving these commercial offers by sending an email to the following address: email@example.com.
5.6: Users’ information may be given to third parties without their express prior consent for the following reasons:
1. Complying with the law
2. Protecting legal entities and private citizens from serious damage.
3. Fighting against fraud or infringements of Master Business or its users
4. Protecting Master Business’s property rights
6.1: Master Business may place cookies on Users’ computers so that they can browse the site optimally and make the various different interfaces and applications function better. These cookies are used to store information about your browsing on the Site and any data Users provide (e.g. searches, login details, email addresses, passwords, etc.).
6.2: The User expressly authorizes Master Business to place a so-called “cookie” file on the User’s hard drive.
6.3: The User can block, modify the retention period of, or delete this cookie file via their browser interface. If the User systematically deactivates their browser cookies and prevents them from using some of the Site’s services or features, this malfunction can in no way be construed as damage to the User and he/she may therefore not claim any compensation as a result.
7.1: Master Business can in no way be held liable for its Site being temporarily or permanently unavailable and, although Master Business does its utmost to provide its service at all times, it may be interrupted at any time. In addition, Master Business reserves the right to purposefully make the Site unavailable in order to perform updates, improvement or maintenance operations. Master Business will do everything it can to notify Users of such an event on the Site.
7.2: As previously mentioned, Master Business can in no way be held liable for any failure to operate its services for reasons that are beyond its control, unforeseeable or unavoidable or for which it cannot be held liable.
8. User Right of Withdrawal
8.1: The intangible, digital, direct and immediate provision of MB Content to the User constitutes an exception to Article L. 221-28 of the Consumer Code. Consequently, by accepting these TCUS and by wishing to have access to the MB Content, the User expressly waives his/her right of withdrawal.
9. Intellectual property
9.1: The trademark, logo, technologies, graphic design, data, texts, comments, illustrations, animated or non-animated images, video clips, sounds, patents, private data, technologies, products, publications and processes of this Site are the exclusive property of Master Business or third parties that have granted Master Business a license and intellectual works protected by copyright. Any partial or total distribution, exploitation, representation or reproduction without the prior and express authorization of Master Business is strictly prohibited and liable to civil and criminal prosecution.
10.1: Applicable law. These TCUS are governed and interpreted in accordance with French law. These TCUS cannot limit the provisions of consumer protection that you may benefit from under the applicable legislation in your country of residence. Master Business will attempt to settle any dispute that may arise with a User during the execution of these TCUS amicably. If such an attempt is unsuccessful, disputes will be brought before the competent courts of law.
10.2: Unsolicited content. Master Business does not accept any unsolicited content or ideas relating to MB Content, and will not be held liable for any similarities between its content or programming and the content or ideas it is provided with.
10.3: Customer support. For more information about our service and its features or if you need help using your account, please contact us at the following address: firstname.lastname@example.org. Please visit the Master Business Customer Service Centre on our Site. In some cases, customer service may be able to assist you remotely whereby we can control your computer fully. If you do not wish to give us this access, you must refuse the Remote Access Tool assistance and we will find another way to help you.
10.4: Nullity – Invalidity. If one or more provisions in these TCUS turns out to be invalid, illegal or unenforceable, the remaining provisions will remain fully applicable and retain their effects.
10.5: Non-waiver. The fact that Master Business or the User does not exercise a prerogative recognized by these TCUS at any time may in no case be interpreted as expressly or tacitly waiving the right to exercise said prerogative in the future.
10.6: Modifications to the Site. Master Business reserves the right to modify the Site or any other component of MB services provided by Master Business through the Site.
10.7: Modifications to the TCUS. Master Business may occasionally modify these TCUS. We will notify you at least 30 days before any such changes become applicable.
10.8: Electronic communication. We will only send you information about your account (payment authorizations, invoices, changes to passwords or Payment Methods, confirmation messages, notifications, etc.) electronically via the email address you provide when you sign up.