Logo Emilen & Tehina

General Conditions of Sale and Use

1. Introduction
The purpose of this document is to define the GENERAL CONDITIONS OF SALE AND USE of the payment service for videos and video packs (hereinafter “the service”) as well as the rules of use of the website belonging to Emilien Vives and Téhina Timau, whose head office is located. The terms “You” and “User” here mean any natural or legal person who, for whatever reason, accesses the website https://emilientehina.com/ or uses the services.

The use of these services implies full and complete acceptance of all the general conditions of sale and use, which are automatically incorporated into the contract concluded, without it being necessary that they appear in writing. These General Terms of Sale and the Privacy Policy are available in their most recent version.
https://emilientehina.com/ reserves the right to periodically modify, at its sole discretion and without prior notice, these General Conditions of Sale.

 

2. Correct use of the content
Emilien & Téhina declare that the industrial property rights (trademarks, trade names, contents, texts, images, sounds, videos, software, structure of the website, graphics, icons, industrial designs, design, information or animations) appearing on this website are their property and/or are legitimately exploited under agreements or user licenses, duly protected by the regulations in force on industrial property. The rights to the items and content belong exclusively to https://emilientehina.com/ or third parties authorized by written contract. The user is required to use the website diligently, accurately and lawfully and, in particular, undertakes to refrain from:

  • Remove, bypass or alter copyright notices, trademarks and other identifying data of the rights of https://emilientehina.com/ or their holders, integrated into the content and/or products marketed on the website https://emilientehina.com/, as well as the technical protective devices or any information mechanism that may contain them.
    Use the content, and in particular the information from the site https://emilientehina.com/ obtained through it, to send advertisements, communications for direct sales purposes or for any other commercial purpose, as well as unsolicited messages addressed to a large number of people.
  • Reproducing, copying, distributing, allowing public access by any means of communication, transforming or modifying the content is prohibited, unless authorized by the holders of the corresponding rights or legal authorization.
    In general, any use of the content not likely to result in fines or consequences contrary to law, morality or public order is prohibited. We do not grant any license or authorization to use, of any kind whatsoever, our industrial and intellectual property rights, nor any other property or right related to our website.
  • Any form of transmission, distribution, storage, public communication, making available, reproduction, disassembly, reverse engineering, loan or rental, as well as any other act of public exploitation of this website, its content and the information presented therein, is forbidden. The use of the site by the user does not confer any right of ownership, right, license or interest in said intellectual property right. The user may therefore use the content for his own needs, but not for purposes of commercial exploitation, direct or indirect. 
  • Procedure in the event of infringement of intellectual property rights: If a user or a third party believes that content on our website has been modified in violation of their intellectual property rights, a notification must be sent to contact@emilientehina.com with a complete and accurate indication of its contact details and the intellectual property rights allegedly infringed, as well as the website concerned.

 

3. Right to modify the General Conditions of Sale and Use
Emilien & Téhina reserve the right to modify these General Terms and Conditions of Sale and Use, informing users of the modifications made via https://emilientehina.com/. https://emilientehina.com/ reserves the right, without notice and at any time, to temporarily suspend access to this website and to make any changes they deem appropriate to its content or services.

 

4. Exclusion of guarantees and liability
Emilien & Téhina do not guarantee the reliability, availability or continuity of the services made available to the user. Therefore, they exclude any liability for damages that may result from the unavailability or interruption of their website or services. Emilien & Téhina will however, to the extent possible, endeavour to provide technical assistance to the person concerned and immediately restore the service in case of interruption, by proposing, as far as possible, alternative solutions.

We will not be liable for any damages or losses resulting from the inappropriate use of the content of this website, or caused by a failure, omission, interruption, delay in transmission, computer virus or line failure (including direct, indirect, consequential, incidental or criminal damages, and any other damage which may arise even if not mentioned above), whatever the nature of such damages or losses, whether they are of contractual origin or not, whether they result from our negligence, our strict liability or any other cause, even if we have been expressly informed of the possibility of such damages or losses. It is the user’s responsibility to use anti-virus software to check any file downloaded from the web and to ensure its compatibility with their hardware. The user also bears all costs related to necessary services, repairs or corrections.

User acknowledges that the internet is not a completely secure medium of communication and, therefore, cannot guarantee that information or files which the user sends, places or transmits via the web are free from unauthorized use or access. However, measures will be taken to preserve the security of the SITE, in accordance with reasonableness criteria.
https://emilientehina.com/ is not responsible for content sent, used and/or embedded in the Services by third parties, nor for unauthorized access to or alteration of their transmissions or data, any material or data sent or received, or not sent or not received, nor of any transaction carried out on this website. Their responsibility is limited to their own actions and contents and, therefore, they cannot be held responsible for the information, statements, opinions or behavior expressed by the USER.  https://emilientehina.com/ does not warrant the technical availability, quality, reliability, accuracy or veracity of the content and services available on sites owned or operated by third parties, which the USER accesses via links or technical linking devices from this website.  https://emilientehina.com/ does not control the content of these websites, does not offer or market the products and services available on the linked websites, and assumes no direct or indirect liability for damages, losses or costs caused in connection with their use.

 

5. Obligations and responsibilities of users and use of information received
The USER undertakes to use this page in accordance with the law and these General Conditions of Sale and Use, in compliance with good customs and public order, to make a correct and lawful use of its services and content, and in particular, without this list being exhaustive, to :

  • Do not broadcast any content or propaganda of a racist, xenophobic, pornographic, discriminatory, defamatory nature, advocating terrorism or contrary to human rights, nor any content inciting violence or the dissemination of manifestly illegal or harmful content.
  • Do not interfere with the use of the services or content by other users, or the use of similar content by other persons or entities. Do not attempt to gain unauthorized access to services or content.
  • Do not destroy, alter, disable or otherwise damage the electronic data, information, programs or documents belonging to https://emilientehina.com/, its suppliers or third parties.
  • Do not create false identities to mislead third parties as to the identity of the sender or the origin of the message, do not collect information about third parties without their consent, do not provide their email addresses and do not infringe on their right to privacy, to their right to the image or any other right.
  • Do not access or attempt to access the services or content, other accounts, computer systems or networks connected to them in an unauthorized manner, whether by automatic password lookup or otherwise.
  • Do not use the service to send chain letters, spam, junk mail or any other message, commercial or otherwise, duplicate or unsolicited, or for any other action involving the transmission of malicious, harmful, unsolicited or illegal programs, or for any misuse of the chats, newsgroups, forums or other services offered by the website. The USER shall be liable for any damages that https://emilientehina.com/ may suffer, directly or indirectly, due to non-compliance with any of the obligations arising from this privacy policy or any other applicable legal obligation.
    https://emilientehina.com/ may restrict, suspend or prohibit access to the SITE and services and content, including interactive content, if it is believed that the USER has violated these Terms of Service or applicable law, without prejudice to the legal actions at his disposal. In the event of a breach by the USER of these General Terms and Conditions of Use or of the legislation in force, the USER may, without giving rise to any compensation, remove the illegal content from its website, at its sole discretion or at the request of an injured third party, in accordance with the legislation in force.


6. Limitation of liability On 

https://emilientehina.com/, we disclaim any liability for misuse of the content of our website, which is exclusively the responsibility of the person who accesses or uses it.
We also disclaim any responsibility for the information contained on third-party websites accessible through links or search engines from our site https://emilientehina.com/.

7. Policy on links
https://emilientehina.com/ is not responsible for the content or information of third-party web pages that the user can access through links present on its site. Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity or legality of external pages accessible through links.
https://emilientehina.com/ states that it has taken all the necessary measures to avoid any damage that users may suffer from browsing its website. Therefore, https://emilientehina.com/ disclaims any liability for damages that the user may suffer while browsing the internet.

8. Amendments
https://emilientehina.com/ reserves the right to make, without notice, such changes as it deems appropriate to the content of its website, as well as to the General Terms and Conditions of Sale and Use.
For all of these reasons, https://emilientehina.com/ reserves the right to update, modify or delete the information contained on its website, as well as its configuration or presentation, at any time, without notice and without incurring any liability.

9. Maintenance of the General Terms and Conditions of Sale
If one of the provisions of these General Terms and Conditions of Sale is declared null or ineffective, the other provisions remain fully applicable. Emilien & Téhina undertake to replace the null clause with a clause that approximates as closely as possible to the initial intention of the parties. No clause of this contract affects the mandatory provisions relating to consumers. If you are not a consumer, you expressly waive your right of withdrawal.

10. Website terms of use https://emilientehina.com/
The user is informed that the use of payment services on the site https://emilientehina.com/ implies full and entire acceptance of each clause of the Privacy Policy. https://emilientehina.com/ in their published version, are subject to the Privacy Policy of Emilien & Téhina at the same time as the USER subscribes to the service. This Privacy Policy supplements these General Terms and Conditions, unless there is a contradiction. Therefore, the USER must take note of the rules on this page before accessing and/or using these services.

 

11. Price
The applicable prices are those indicated on the website at the date of the order. The prices displayed do not include VAT. Emilien & Téhina reserve the right to make, at any time and without prior notice, the modifications they deem appropriate, and may update, even daily, products and prices according to new features.

12. Payment
Purchase of online courses

  • https://emilientehina.com/ offers a personalized shopping service allowing internet users to access online videos broadcast via the Internet on computers and other devices connected to the Internet. For the purposes of these Terms of Use, “our service,” “a service,” or “the service” means the personalized service provided by https://emilientehina.com/ that allows you to find and view delayed content, conferences, and presentations, including all its features, recommendations and reviews, the website and its user interfaces, as well as all content and software associated with our service.
  • The purchase is valid until its end. To use our service, you must have internet access and a compatible device, and provide us with one or more payment methods. A “payment method” means an accepted, valid and current form of payment that you may modify at your convenience and which may include payment through your account with third parties.
  • We will offer you different types of purchases, including promotional offers offered by third parties in addition to their own products and services. You can view and edit your account details by visiting our website and clicking on the “My Account” link at the top of the page.

 

13. Invoicing

  • The purchase fee for the service will be shown on your “My Account” page.
  • To use the service https://emilientehina.com/, you must provide at least one payment method. You are responsible for any unpaid amount. If we are unable to collect an amount (for reasons such as expiration of your payment method, insufficient funds or any other cause) and you do not terminate your account, we can suspend your access to the service until the debt is recovered by a valid payment method. You may be charged fees by the issuer of certain payment methods, such as foreign currency transactions or other fees associated with processing your payment.
  • You can change your payment methods on the “My Account” page. After each modification, you authorize us to continue charging you via the concerned payment method.
  • Payments are non-refundable and we do not issue refunds or credits for purchases or unreferenced content.
  • Price changes. We may change prices when we deem it appropriate. However, changes to your prices will only apply to billing periods after the date you receive notice of the change.
  • You must be 18 years of age or the legal age in your province, territory or country to be eligible for services. Minors cannot use the services, only under the supervision and responsibility of an adult.
  • The display quality of content may vary depending on the device used and be affected by various factors, such as your location, available bandwidth, and/or the speed of your internet connection. The availability of high definition (HD) depends on your internet service provider and the characteristics of your device.
    The minimum connection speed for standard quality (hereinafter SD, Standard Definition) is 0.5 Mbps. However, we recommend a higher speed for better video quality. A download speed of at least 5 Mbps per stream is recommended for receiving HD content (defined as a resolution equal to or greater than 720p). A download speed of at least 25 Mbps per stream is recommended for receiving HD content (defined as a resolution equal to or greater than 1080p). You are responsible for all internet connection charges. Please consult your internet service provider for information on potential data usage charges.
    Content load time of https://emilientehina.com/ varies based on several factors including your location, available bandwidth, selected content and your device configuration.
  • All purchases can be made by credit card, debit card (with automatic debit), Apple Pay, Google Pay or PayPal. The payment method is chosen during the purchase process, on the screen provided for this purpose.
    The customer must inform Emilien & Téhina of any fraudulent or abusive use of the card used, by email or by phone, as soon as possible, so that they can take the necessary steps.

 

14. Delivery, exchanges and returns

In accordance with the legislation, for digital products, the right of withdrawal is excluded as soon as the download has started.

 

15. Applicable law and competent jurisdiction

These General Conditions of Sale and Use are governed by French law. Emilien Vives, Téhina Timau and the USERS, for the settlement of any dispute relating to the validity, execution, compliance or resolution, total or partial, of these, expressly waive any other jurisdiction and submit to the jurisdiction of the French courts, and more particularly to that of the courts of Nice. This contract constitutes the entirety of the agreement concluded between Emilien Vives, Téhina Timau and the USER and replaces all previous agreements, commitments, declarations or conventions, written or oral, intervened between them.
In addition to these General Conditions of Sale and Use, the USER is required to read and accept the Privacy Policy.