ARTICLE PRELIMINAIRE - DEFINITIONS
The expressions and terms used in these General Terms and Conditions of Sale shall have the meanings attributed to them below:
"À Vie
Means from the time the Customer joins until the date on which the Service Provider ceases its activity.
"Customer
Any professional or non-professional purchasing a Service (definition below).
"CGVU
Terms and Conditions of Sale and Use.
"E-learning
Refers to remote support.
"Service Provider
Impact The World Now FZ LLE, whose registered office is located at Office 1309 13th floor Creative Tower P.O Box 4422, Fujairah, United Arab Emirates, registered in the FUJAIRAH free zone in the United Arab Emirates under number 16052/2020.
"Services
Services available on the website or via webinars and lives delivered by the Provider under the Propulser® or Franck Rocca brand.
"Site
Websites https://franckrocca.com, its subdomains and complementary domains on which the Services offered by the Provider under the Propulser® or Franck Rocca brand are available.
ARTICLE 1 - SCOPE OF APPLICATION
These GTCU apply without restriction or reservation to any registration for the support offered by the Service Provider carried out remotely, off-site at Impact The World Now FZ LLE, whose registered office is located at Office 1309 13th floor Creative Tower P.O Box 4422, Fujairah, United Arab Emirates, registered in the free zone of Fujairah in the United Arab Emirates under number 16052/2020,
These GCU apply to the exclusion of all other conditions. They are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares that he/she has read and accepted the present GTCU prior to the remote registration procedure. The Customer declares that he/she has full legal capacity to enter into commitments under these GCU.
These GCU may be modified at any time, the version applicable to the Customer's purchase being that in force on the Site at the date the order is placed.
Placing an order on the Site implies unreserved acceptance of these GCSU.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION
The Customer acknowledges that, prior to registering and entering into the contract, he/she has been provided, in a clear and comprehensible manner, with these GTCU and all the information listed below:
- Information on the main features of the Services
- Choice of Services and, if applicable, options
- Customer identification using personal data
- Checking order elements and correcting errors where necessary
- Acceptance of these Terms and Conditions
- Choice of payment methods
- Effective prices of the Services selected by the Customer at the time of ordering
- Sending an order confirmation e-mail to the Customer
- Sending e-learning platform access codes
- Information on contractual warranties.
The fact that a Customer books a Service implies full acceptance of these GCSU and obligations to pay for the Services, which is expressly recognized by the Customer, who notably waives the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
ARTICLE 3 - SERVICE FEATURES
The main features of the Services are presented on the https://franckrocca.com website and its subdomains and under the Propulser® or Franck Rocca brand names.
The photographs and graphics of the Services and other products presented on the Site are not contractual and do not engage the responsibility of the Service Provider. The Customer is obliged to read them before placing an order. The choice and purchase of Services and payment methods are the sole responsibility of the Customer.
The Services offered for sale are those shown on the Site on the day the Customer consults it.
3.1 Subscription and pricing policy for 'Le Raccourci
This policy describes the terms and conditions regarding subscription cancellation and refund policy for 'Le Raccourci'. By subscribing to our services, you agree to these terms.
Subscription levels :
Explorer: Priced at €99 per month or €999 per year (20% discount), includes access to the community, 5 online training sessions given by each of the 5 experts, and 1 monthly live coaching session by Franck Rocca.
Visionary: Priced at €299 per month or €2999 per year (20% discount), includes everything in Explorer, plus 5 live coaching sessions per month with various experts. 3 Bonuses included.
Le Raccourci' cancellation and refund policy
Subscription continuation and automatic renewal :
Initial automatic renewal :
When you subscribe to 'Le Raccourci', your subscription (whether monthly or yearly) is set to renew automatically at the end of each billing cycle.
This automatic renewal will continue for a period of up to one year from the initial subscription date.
Limiting automatic renewal :
After one year from your initial subscription date, the auto-renewal feature will cease.
We will inform you before the end of this one-year period, offering you the possibility of manually renewing your subscription for subsequent periods.
If you choose not to renew manually, your subscription will end at the end of the current billing cycle that concludes the one-year period.
Rate changes :
We reserve the right to change subscription prices at any time.
If the rates change after you have subscribed, we will inform you by e-mail and give you the opportunity to cancel or adjust your subscription accordingly.
Cancellation policy :
Monthly Subscriptions: To cancel your monthly Shortcut subscription, submit a cancellation request via our support email address vip@propulser.business or through your account dashboard. We require a minimum of five (5) days notice of cancellation by email prior to the first day of your next subscription month. If notice is given less than five (5) days in advance, your credit card may still be charged for the following month.
Annual subscriptions: For annual subscriptions, fifteen (15) days' notice is required for cancellation. Notice must be sent to vip@propulser.business or processed through your account dashboard. If notice is provided less than fifteen (15) days before the start of your next subscription year, your card may still be charged for the coming year.
In both cases, you will not be entitled to prorate your last month or year of use, and you will not be entitled to any refund for payments made to 'Le Raccourci'.
Subscription conditions and automatic payment :
As a user of 'Le Raccourci', you are responsible for the payment of all sums due within the framework of your monthly or annual subscription. The first fee is due upon creation of your user account. Each calendar month, your account will be debited with the subscription fee plus the applicable tax for the following month's or year's subscription, as well as all other fees and charges accrued for the past period ("Fees"). Failure to use any of the available services does not relieve you of your payment obligations under these Terms.
Payment details :
Payments can be made by credit or debit card. Payment details will be collected securely. You acknowledge and agree that we hold transaction details, including card details and payment due dates. Payments are due on a recurring basis in accordance with the payment terms of the specific service purchased, authorizing the automatic payment collection terms applicable to that specific service.
Termination for non-payment :
Le Raccourci' reserves the right to immediately terminate a user's account and/or service for any unpaid subscription period. Termination of service in no way releases or excuses the user from their obligation to pay any outstanding fees or expenses.
No refund policy :
Due to the immediate access provided to our full range of services and content when subscribing, we do not offer refunds for any part of the subscription fee, regardless of usage.
This non-refund policy applies to both monthly and annual subscriptions.
Legal compliance and jurisdiction :
Our cancellation and refund policies are drawn up in accordance with the laws and regulations of the United Arab Emirates and are subject to the jurisdiction of the courts of the United Arab Emirates.
We reserve the right to modify these policies in accordance with any changes in legal requirements or commercial policies.
Cancellation details :
To initiate a cancellation, contact us by e-mail at vip@propulser.business or manage your subscription directly through our payment processor.
Policy recognition:
By subscribing to Le Raccourci, subscribers acknowledge and accept this cancellation and non-refund policy.
ARTICLE 4 - ORDERING
4.1. Pre-order stage
Customers are informed that if they wish to block their place on the support program and benefit from the rate offered at this preliminary stage, they must pay a deposit on the price of the Service. The terms of payment of this deposit are detailed in article 6.4. of the present contract.
4.2. Placing an order
As the Service subscribed to is provided on a digital medium, the Customer will receive it at the e-mail address indicated during the registration process with the Service Provider's teams or on the online order form. In addition, once the purchase has been made, the link to access the personal space and the identifiers will be sent to the Customer so that he can have a reserved space enabling him to view the Service(s) purchased. They are personal, confidential and non-transferable. Access to the personal space only concerns certain Services sold by the Service Provider via the Site and its sub-domains contained under the Propulser® or Franck Rocca brand.
Certain Services will be accessible via download links sent directly to the Customer by e-mail when the order is placed.
Any subscription to the Service by the Customer constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The information provided by the Customer when placing an order is binding. Accordingly, the Service Provider may not be held liable in the event that an error in placing the order prevents or delays the execution or delivery of the Services.
4.3. Order confirmation
The sale of the Services will only be considered final after the Service Provider has sent the Customer confirmation of acceptance of the order by e-mail, and after the Service Provider has received payment in full for cash payment or the first instalment in the case of payment by instalments.
4.4 Order modification
Given the nature of the Services, no modification of the order by the Customer will be possible after confirmation thereof by the Service Provider, which is expressly accepted by the Customer, subject to the provisions of Article 9 hereof.
4.5. Order cancellation
Given the nature of the Services, no cancellation of the order by the Customer will be possible after confirmation of the order by the Service Provider and dispatch of the link and access codes to the platform, which is expressly accepted by the Customer, subject to the provisions of article 9 hereof.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order on the Site.
ARTICLE 5 - PRICES
The Services are provided to the Customer at the rates in force, as informed during the Customer's meeting with the Service Provider's teams. Prices are expressed in Euros.
Prices include any discounts granted by the Service Provider under the conditions specified on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Service Provider reserving the right, outside this period of validity, to modify them at any time.
An invoice is drawn up by the Service Provider and sent to the Customer when the ordered Services are provided.
ARTICLE 6 - PAYMENT
Visa or MasterCard debit and credit cards in EUR will be accepted for payment.
We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE
Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website
Cardholder must retain a copy of transaction records and Merchant policies and rules
6.1. Payment methods
Payment for orders must be made by :
- Credit card (Blue, Visa, Mastercard, American Express on a completely secure site and/or only those accepted by the independent payment provider), Stripe or Checkout.com
- Bank transfer (in the case of an international transfer, all transfer charges will be borne by the customer)
The customer is informed that the commitment to pay, given by credit card, is irrevocable.
By providing his/her bank details when placing an order, the Customer authorizes the Service Provider to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.
Credit card payments are made via an independent payment service provider using the TLS (Transport Layer Security) protocol.
The Service Provider shall not be held liable in the event of fraudulent use by third parties of the means of payment used. The independent payment provider assumes full responsibility for the security of its system.
The Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Customer in the event of non-compliance with the above payment conditions.
Under no circumstances may the Customer request any compensation or reimbursement in this respect.
Payments made by the Customer shall not be considered final until actual receipt of the sums due by the Service Provider.
6.2. Terms of payment
Subscription to the Service is paid for in cash, in one instalment, by the Customer on the day the order is placed. Subscription to the Service may also be paid for in instalments, if this option is proposed by the Service Provider's teams when the order is placed.
The principle therefore remains payment in cash in one instalment, the exception being payment in several instalments on request by the Customer and prior acceptance by the Service Provider and its teams.
6.3. Communication in the event of change
In the event of payment by instalments, the Customer undertakes to notify the Service Provider of any change or renewal of his/her bank card or any other change relating to the means of payment used, together with his/her new details, i.e.: new bank card number, CVC code and expiry date, new account number, etc.
6.4. Down payment
During the pre-ordering stage referred to in article 4.1 of these terms and conditions, the customer will systematically be asked for a deposit. This deposit enables us to retain the price of the investment made on the date of the appointment, as the prices of the Service are subject to change according to demand and the number of participants.
If the Customer wishes to start the support program within the required timeframe, as notified by the Service Provider, the Customer must pay the Service Provider any outstanding sums due for the support program in accordance with the advertised price on the day of payment of the deposit. Payment of the price must be made in cash in a single instalment at the Provider's request.
If the Customer ultimately does not wish to follow the support program proposed by the Service Provider, the amount paid as a deposit cannot be reimbursed, regardless of the Customer's motives, and the Customer will not be entitled to any compensation in this respect.
6.5. Sanctions
6.5.1 General information
The Service Provider reserves the right, in the event of non-compliance with the aforementioned payment conditions, to suspend or cancel the provision of the Services subscribed to by the Customer and/or to suspend the performance of its obligations as well as access to the platform. Under no circumstances will the Customer be entitled to claim any compensation or reimbursement in this respect.
If, for reasons at the Provider's discretion, a payment has to be refunded, the customer will have to pay a €50 handling fee and bank charges will be at the customer's expense.
6.5.2. Late payment
In the event of late payment of amounts due by the Customer, late payment penalties calculated at the rate of 10% of the total amount excluding VAT of the price of the Services, will be automatically and by right acquired by the Service Provider, without formality or prior notice.
Late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Service Provider may take against the Customer in this respect.
ARTICLE 7 - PROVISION OF SERVICES
7.1. Remote support program
7.1.1. Operation
The Services are provided to Customers in the form of an online support program via an E-learning platform, which is made available to the Customer for Life subject to compliance with all the provisions of these GCU.
This E-learning platform enables customers to :
- Follow the online support program as it develops
- Watch the replay of LIVE Coaching videos.
The Services are accessible and made available to the Customer by the Service Provider. The Customer has access to the platform by means of a login and password (to be modified if necessary) which he receives by e-mail after confirmation of payment.
The Service Provider uses its best efforts to ensure that the E-learning platform is functional and accessible at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure purposes.
The Customer has access to the platform by means of a username and password provided for this purpose. The login and password are strictly personal and confidential. The Customer is solely responsible for the confidentiality of his/her login/password, and the Service Provider cannot be held liable in the event of piracy or loss resulting from unauthorized use of the platform or fraudulent use of his/her access codes.
Access to the platform is individual, and is therefore available and valid for one person only. In the event that the platform is used by more than one person, the Service Provider reserves the right to suspend or interrupt the Customer's access or to charge additional fees; the Customer may not claim any compensation or reimbursement in this respect. All sums already paid to the Service Provider will be retained as compensation.
As all Services are protected by copyright, the Customer is not authorized to reproduce, adapt, translate, share, distribute and/or transfer the Services purchased on the Site to third parties. The purchase of Services by the Customer does not imply any transfer of copyright to the Customer. The Customer is only authorized to use the Services for personal purposes. In the event of non-compliance with this rule by the Customer, the Service Provider reserves the right to suspend or interrupt the Customer's access and, in particular, to seek damages before the courts. All sums already paid to the Service Provider will be retained as compensation.
7.1.2. Facebook and Telegram groups
The Service Provider has set up a Facebook group and a Telegram group to enable Customers to talk to each other and to the Service Provider about the Services, any challenges they may face and, of course, their success stories.
This service is offered by the Service Provider and is included in the Propulser Révolution® support program. In order to benefit from this service, the Customer must accept Facebook's and Telegram's terms and conditions of use, and generally comply with all rules and policies laid down by Facebook and Telegram.
In addition, the Customer agrees not to make any mistakes or publish any content, comments, photos or videos that are disparaging, racist, discriminatory, insulting or damaging to the image or reputation of the Service Provider.
Failing this, the Customer acknowledges and accepts that the Service Provider may, at its own discretion and discretion, remove the Customer's publications, comments, photos and videos and exclude the Customer from the various groups mentioned above, without prior information or notice, as well as from all communication areas. The Customer shall not be entitled to any reimbursement or compensation in this respect.
7.2. Other services
The Service Provider may provide the Customer with access to the replay of lives and webinars or any other program it provides, either for a fee or free of charge, by means of a download link or connection sent by e-mail.
These Services will not give access to the platform linked to the support program referred to in article 7.1 hereof, unless otherwise stipulated by the Service Provider.
The methods of sending and subscribing to its Services will be detailed directly by the Service Provider and its teams, with whom the reservation or subscription will be made. Where applicable, the Service Provider may redirect the Customer directly to a URL link enabling him to enter his online contact details and personal information in order to access the Service concerned.
The Customer is responsible for the information provided both directly online and to the Service Provider's teams. They therefore remain liable in the event of any error in the information provided, preventing them from receiving the desired Service.
To a lesser extent, the Customer may contact the Service Provider for assistance in receiving the Services. The request should be sent by e-mail to the following address: vip@propulser.business.
7.3 PAYMENT CONFIRMATION (for services)
Once payment has been received and approved, the customer receives one or more confirmation emails with instructions on how to use the purchased service.
This email is usually sent within 24 hours.
ARTICLE 8 - INTELLECTUAL PROPERTY
8.1. Website
All texts, comments, works, illustrations, images and photographs, videos, trademarks, databases reproduced and integrated on the website are the exclusive property of the Service Provider and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
8.2. Services
The Service Provider is also the exclusive owner of all intellectual property rights attached to the Services and to the documents, information, works, illustrations, images and photographs, videos, audios available on the platform. No transfer of intellectual property rights is made by means of these general terms and conditions of sale.
Consequently, the Customer only has the right to use the Services and content made available on the platform, without being authorized to reproduce, represent, adapt, distribute or exploit them for personal purposes or for the benefit of third parties. Furthermore, the Customer expressly agrees not to use the Services or content made available on the platform to market training courses, services or products competing with those of the Service Provider, or to reuse the Services or content to train third parties in any way whatsoever.
The Customer expressly acknowledges that any breach of this clause may cause financial loss to the Service Provider, for which the Customer may seek compensation.
ARTICLE 9 - CANCELLATION
The Services are digital content not provided on a physical medium, the execution of which has commenced as from the signing of the contract or the validation of the order form. Consequently, the Customer will not have the possibility of withdrawing from the contract or from the validation of the order form with the Service Provider. The contract is deemed to have been concluded upon acceptance of these GTCU and the date on which the order is placed.
ARTICLE 10 - COMPLAINTS
If necessary, the Customer may submit any complaint by contacting the Service Provider using the following contact details: vip@propulser.business
ARTICLE 11 - LIABILITY OF THE SERVICE PROVIDER
11.1 General information
In any event, should the Service Provider be held liable, the Service Provider's guarantee will be limited to the amount paid by the Customer for the Services, excluding VAT.
The Service Provider is only bound by an obligation of means.
11.2. Damage resulting from use of the website
The Service Provider reserves the right to modify, suspend or interrupt the https://franckrocca.com website and its subdomains (as well as its complementary domains), the platform and the Services at any time, with or without prior notice, without being held liable by the Customer or third parties for the exercise of its rights.
Nevertheless, the Service Provider takes all necessary steps to ensure that the Site and the platform are functional and accessible at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure purposes. In the event of any anomaly discovered by the Customer, the Customer undertakes to inform the Service Provider as soon as possible so that the latter can remedy the situation.
11.3 Disclaimer of warranties and limitation of liability
The Service Provider does not warrant that use of the https://franckrocca.com Site and its subdomains and the Platform will be uninterrupted or error-free. The Customer agrees that the Service Provider may periodically suspend access to the Site or the Platform for indefinite periods or cancel the Site or the Services at any time without notice.
The Service Provider does not guarantee that the https://franckrocca.com website and its subdomains and the platform will be protected against loss, corruption, attacks, viruses, interference, hacking or any other breach of security. The Service Provider accepts no liability in this respect.
The Service Provider shall not be held liable for total or partial breach of contract caused by an act of God or force majeure beyond its control.
11.4. Financial and/or commercial damage
The Service Provider, its shareholders as well as its teams, partners, affiliates and/or suppliers may in no case be held responsible for the failure of the Customer to achieve its commercial or financial objectives, given its participation in the training courses provided by the Service Provider.
The advice and information provided does not constitute personal advice adapted to the individual situation of each Customer. Consequently, the Customer is warned that the Service Provider cannot under any circumstances replace the advice or intervention of a competent professional in financial, tax, real estate or other matters, duly authorized by the competent authorities. The Service Provider recommends that the Customer seek the advice of authorized professionals in all circumstances, in order to carry out a personalized study of the Customer's situation.
Consequently, the Service Provider cannot be held liable in any way whatsoever for damages of any nature whatsoever, and in particular for financial or material damages, or in the event of a tax reassessment.
The Service Provider is bound only by an obligation of means, and consequently cannot be held liable in any way for failure to achieve the objectives set by the Services, which depend solely on the Customer's behavior.
ARTICLE 12 - FORCE MAJEURE
The Service Provider shall not be held liable for any total or partial breach of contract caused by an act of God, an event of force majeure, beyond its control, making it impossible to supply and deliver the Services ordered by the Customer.
The following circumstances are deemed to be force majeure when they paralyze the performance of the contract: Covid 19-type pandemic, strikes, labor disputes, lock-outs, fait du prince, insurrection, terrorist attack, war, acts of God such as earthquakes, fire, flooding, computer system hacking, computer viruses, etc.
Performance of the contract is suspended for the duration of the force majeure event, without any compensation to the Customer. The Service Provider will resume normal performance of the contract, and will once again be bound by all the obligations contained therein, as soon as the disappearance of the force majeure event has been duly noted.
ARTICLE 13 - PARTIAL NULLITY
Should any provision of these GTCU be invalidated for any reason whatsoever, such invalidation shall have no effect on the validity of the remaining provisions hereof.
ARTICLE 14 - PERSONAL DATA
The protection of Customer personal data is important to the Service Provider. Therefore, the Service Provider will make every effort to minimize their collection, protect and secure Customer data in accordance with the General Data Protection Regulation No. 2016/679.
Customers are referred to the privacy policies and legal notices on the https://franckrocca.com website and its subdomains, which contain all information concerning the data controller, data collection, purpose, legal basis, retention period, data recipients and the exercise of customers' rights.
ARTICLE 15 - APPLICABLE LAW - JURISDICTION
By express agreement between the Parties, all the provisions contained in the GCSU, as well as all purchase and sale transactions referred to therein, are governed by and subject to the laws of Dubai, subject to the mandatory rules of the Beneficiary's country of residence.
“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
Team Propulser®
