I. GENERAL CONDITIONS OF USE
SECTION 1. LEGAL INFORMATION
Under article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various actors in the context of its implementation and monitoring.
The StratMachina site is published by: DREAMBETTER, whose head office is located at the following address: 42 Rue de la Jonquière, 75017 PARIS 17, and registered with the RCS PARIS 911 515 641.
Telephone: 0667351970/Email address: contact@stratmachina.com
The director of publication of the site is: Mr. Oussama Atlassi.
The StratMachina site is hosted by: OVH, whose head office is located at the following address: 2 RUE KELLERMAN 59100 ROUBAIX
SECTION 2. PRESENTATION OF THE SITE
The purpose of the StratMachina site is: Online training
SECTION 3. CONTACT
For any question or request for information concerning the site, or any report of illegal content or activities, the user may contact the publisher at the following email address: contact@stratmachina.com or send a registered letter with acknowledgement of receipt to: Oussama Atlassi - 42 Rue de la Jonquière, 75017 Paris.
SECTION 4. ACCEPTANCE OF THE TERMS OF USE
Access and use of the site are subject to acceptance and compliance with these General Terms and Conditions of Use. The publisher reserves the right to modify, at any time and without notice, the site and services as well as these Terms of Use, in particular to adapt to changes in the site by providing new functionalities or by deleting or modifying existing functionalities. It is therefore advisable for the user to refer to the latest version of the CGU before browsing, which can be accessed at any time on the site. In case of disagreement with the CGU, no use of the site may be made by the user.
SECTION 5. ACCESS AND NAVIGATION
The publisher uses the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages of it in order to update, modify its content or any other action deemed necessary for the proper functioning of the site. Connecting and browsing the StratMachina site implies unreserved acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used. These CGU apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
SECTION 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
- Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user,
- Delete any information that may interfere with its operation or that violates national or international laws, or with the rules of Netiquette
- Suspend the site in order to carry out updates.
SECTION 7. SERVICES RESERVED FOR REGISTERED USERS
1. ENROLLMENT
Access to certain services, and in particular to all paid services, is subject to user registration. Registration and access to the services of the site are reserved exclusively to capable natural persons, having completed and validated the registration form available online on the StratMachina site, as well as these General Conditions of Use. When registering, the user undertakes to provide accurate, truthful and up-to-date information about his person and marital status. The user must also regularly check the data concerning him in order to maintain its accuracy. The user must therefore provide a valid email address, on which the site will send him a confirmation of his registration for its services. An email address cannot be used several times to register for the services. Any communication made by StratMachina and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this email address and to respond within a reasonable time if necessary. Only one registration for the services of the site is allowed per natural person. The user is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter “Personal Space”), in addition to entering his password. The username is final, on the other hand, the password can be modified online by the user in his Personal Space. The password is personal and confidential, so the user undertakes not to communicate it to third parties. In any event, StratMachina reserves the right to refuse a request to register for services in the event of non-compliance by the user with the provisions of these General Terms of Use.
2. UNSUBSCRIBE
A regularly registered user can request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR
It is brought to the attention of the user that the publisher reserves the right to delete the personal space of any user who violates these conditions of use and sale, and more particularly in the following cases:
- If the user makes illegal use of the site,
- If the user, when creating his personal space, voluntarily transmits erroneous information to the site,
- If the user has not been active on his personal space for at least one year
In the event that the publisher decides to delete the user's personal space for any of these reasons, this cannot constitute damage for the user whose account has been deleted. This deletion does not constitute a waiver of legal proceedings that the publisher may undertake against the user who has violated these rules.
SECTION 8. RESPONSIBILITIES
The publisher is only responsible for content that he has edited himself. The publisher is not responsible for:
- In the event of technical, computer or compatibility problems or failures of the site with hardware or software of any kind,
- Direct or indirect, material or intangible, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services,
- The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it,
- Illegal content or activities using its site without the user having taken due notice of them within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Law No. 2004-801 of 6 August 2004 relating to the protection of natural persons with regard to the processing of personal data.
Moreover, the site cannot guarantee the accuracy, completeness, and timeliness of the information disseminated there. The user is responsible for:
- The protection of its equipment and its data,
- The use he makes of the site or its services,
- If he does not respect either the letter or the spirit of these T&Cs.
SECTION 9. HYPERTEXT LINKS
The site may contain hypertext links to other websites over which StratMachina does not exercise control. Despite the prior and regular checks carried out by the publisher, the publisher declines all responsibility for the content that may be found on these sites. The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes. In addition, the prior information of the site editor is necessary before setting up a hypertext link. Excluded from this authorization are sites disseminating information that is illicit, violent, violent, controversial, pornographic, xenophobic or that may harm the sensitivity of the greatest number of people. Finally, StratMachina reserves the right to have a hypertext link pointing to its site removed at any time, if the site considers it not in accordance with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to these General Terms and Conditions, the site has a
privacy policy which describes how personal data is processed when the user visits the site, as well as how
cookies are used. By browsing the site, the user declares that they have also read the privacy policy mentioned above.
SECTION 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, images, images, photographs, photographs, photographs, photographs, photographs, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property. Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. This is except for items expressly designated as royalty-free on the site. Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher. It is forbidden for the user to enter data on the site that would modify or be likely to modify its content or appearance.
SECTION 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
II. GENERAL TERMS AND CONDITIONS OF SALE - VOCATIONAL TRAINING
0. Designation
StratMachina is an organization that provides continuing professional education for adults in job interviews for strategy consulting firms. StratMachina is located at 42 Rue de la Jonquière 75017, under the SIRET number: 911 515 641 00015, in the process of registering with the Regional Directorate for Businesses, Competition, Competition, Consumer Affairs, Consumer Affairs, Labor and Employment (DIRECCTE)
StratMachina designs, develops and provides professional training that aims to prepare the candidate for job interviews for strategy consulting firms and therefore aims at the professional integration of the candidate, whether he is currently studying, at the end of studies or already engaged in working life.
In the following paragraphs, it is agreed to designate by:
- Customer: any natural or legal person who registers or orders a training course with StratMachina
- Trainee: the natural person taking part in a training course
- CGV: the general conditions of sale, detailed below
- OPCA: the approved joint collecting organizations responsible for collecting and managing the training effort of companies.
1. Purpose
These general conditions of sale apply to the two main categories of professional training offers provided by StratMachina: “Coaching” and “E-learning”, which itself encompass different learning paths depending on the number of interview sessions and the options subscribed to. Enrolling in these courses implies the customer's full and unreserved adherence to these general terms and conditions of sale.
2. Financial terms, regulations and terms of payment
All prices are in euros and all taxes included. The reservation of a training session is made by sending or submitting the following two items jointly:
- A deposit check corresponding to 30% of the total amount of the training
- The training contract/agreement duly completed and signed
These items will be sent to StratMachina at 42 Rue de la Jonquière, 75017 PARIS 17. Checks must be made payable to “DREAMBETTER”. Applications will be accepted in the order in which complete applications are received.
Methods for cashing the deposit check:
- In case of coverage by a “financing” organization, the deposit check is not cashed
- In the event that the trainee does not have his training covered by a third party organization, the deposit check will be cashed at the beginning of the training.
No amount will be required from the trainee before the expiry of the withdrawal period provided for in article L. 6353-5. The remaining amount due can be paid:
- In one go: check or transfer of the balance which will only be cashed at the end of the training
- In several installments: checks with desired cashing dates on the back (3 checks maximum)
Any sum not paid by the due date leads automatically and without prior notice to the application of penalties equal to one time the legal interest rate. StratMachina will have the option of obtaining settlement by litigation at the expense of the customer without prejudice to other damages that may be due to StratMachina. In the event of payment by the OPCA on which the customer depends, it is up to the customer to make the request for coverage before the start of the training. The financing agreement must be communicated at the time of registration and on the copy of the quotation that the customer returns duly filled in, dated, stamped, signed and marked “Good for agreement” to StratMachina. In the event of partial coverage by the OPCA, the difference will be directly invoiced by StratMachina to the customer. If the customer's support agreement does not reach StratMachina no later than one business day before the start of the training, StratMachina reserves the right to refuse the trainee's entry into training or to charge him all of the training fees. In exceptional situations, payment may be made in installments. In any case, its modalities must have been formalized before the start of the training.
3. Delisting and replacing a participant
In the event of a withdrawal notified by the customer at least 7 days before the start of the training, by registered letter with acknowledgement of receipt sent to: StratMachina, 42 Rue de la Jonquière 75017 PARIS 17; StratMachina offers the customer the possibility of:
- to postpone the registration of the trainee to a subsequent training course, duly scheduled by StratMachina, and after possible agreement from the OPCA,
- to replace the prevented trainee by another participant, subject to the possible agreement of the OPCA. This last possibility cannot be applied to the intermittent people in the show.
The deposit check will be retained and cashed, the amount of which will not exceed 30% of the training price, in accordance with the provisions of article L6353-6 of the Labor Code in the event of withdrawal beyond the expiry of the withdrawal period.
4. Withdrawal period
Within 10 days from the signing of the contract, the trainee may withdraw by registered letter with acknowledgement of receipt sent to StratMachina at 42 Rue de la Jonquière, 75017 PARIS 17 (Article L6353-5 of the Labor Code). The withdrawal period is extended to 14 days (article L.121-16 of the Consumer Code) for contracts concluded “at a distance” and contracts concluded “off premises”. No amount may be required from the trainee before the expiry of the withdrawal period provided for in article L.6353-5 of the Labor Code. An amount greater than 30% of the agreed price cannot be paid at the end of this period. In the event of cancellation of the course due to the training organization and regardless of the reason, the deposit will be fully refunded without delay.
5. Absence or interruption of training
Any module started is due in its entirety and will be invoiced to the customer by StratMachina. In the event of absence or interruption, StratMachina's billing will distinguish between the price corresponding to the days actually attended by the trainee and the amounts due for absences or the interruption of training. It is recalled that the amounts due by the customer in this respect cannot be deducted by the Customer from his obligation to participate in vocational training or be the subject of a request for coverage by an OPCA. In this case, the customer undertakes to pay the amounts that would remain at his expense directly to StratMachina.
In addition, each trainee or trained candidate is entitled to a maximum of two coaching session delays. A 3rd time lag is equivalent to a coaching session counted as consumed and, as such, billed.
6. Opening hours and reception
Unless otherwise indicated, the interview sessions in real conditions provided for in the “Coaching” (MBB interview simulation) will by default take place by videoconference via one of the technical tools provided for this purpose: Google Meet, Zoom, Microsoft Teams, etc.
7. Staff and adjournment
In the event that the number of coaching participants is insufficient to ensure the smooth running of the training, StratMachina reserves the right to postpone the training no later than one week before the scheduled date and without compensation.
8. Quotation and certificate
For each training action taken by a third party organization, a quotation is sent by StratMachina to the customer. A copy duly filled in, dated, stamped, signed and marked “Good for agreement” must be returned to StratMachina by any means at the Customer's convenience: postal mail, email, hand-delivered to 42 Rue de la Jonquière, 75017 Jonquière, 75017 PARIS 17.In the event that the training is not covered by a third party organization, the terms and conditions relating to the estimate are not mandatory. The customer will send to StratMachina or deposit on site his registration form consisting of the training contract duly completed and signed as well as the deposit check. If necessary, a special agreement may be established between StratMachina, the OPCA or the Customer. At the end of the training, StratMachina gives a training certificate to the Intern. In the case of partial or total coverage by an OPCA, StratMachina sends him a copy of this certificate accompanied by the invoice. A certificate of attendance for each Intern can be provided to the Client, at his request.
9. Obligations and force majeure
As part of its training services, StratMachina is bound by an obligation of means and not of result vis-à-vis its Customers or Trainees. StratMachina cannot be held responsible to its Customers or Interns in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. In addition to those usually recognized by case law, the following are considered as fortuitous or force majeure cases here:
- the illness or accident of a trainer,
- strikes or social conflicts external to StratMachina,
- natural disasters, fires, the interruption of telecommunications, energy supply, or transport of any type, or any other circumstance beyond the reasonable control of StratMachina.
10. Intellectual property and copyright
All the content and teaching materials, regardless of their form (paper, electronic, electronic, digital, oral, etc.) used by StratMachina to provide training or given to trainees, constitute original works and as such are protected by intellectual property and copyright. As such, the Client and the Intern agree not to use, transmit, transmit, reproduce, exploit or transform all or part of these documents, without the express agreement of StratMachina. This prohibition relates, in particular, to any use made by the Client and the Trainee in order to organize or conduct training courses.
11. Training description and program
The contents of the programs, as they appear in the “Coaching Course Presentation” and “E-Learning Presentation” are provided for information purposes only. The speaker or the educational manager reserves the right to modify them according to current events, the level of the participants or the dynamics of the group.
12. Confidentiality and communication
StratMachina, the client and the trainee undertake to keep confidential the documents and information to which they could have access during the training provision or during the exchanges that took place prior to registration, in particular all the elements included in the proposal sent by StratMachina to the client. StratMachina undertakes not to communicate to third parties other than the partners with whom the training courses are organized and to the OPCAs, the information transmitted by the customer including information concerning the trainees. However, the customer agrees to be named by StratMachina as a customer of its courses. For this purpose, the client authorizes StratMachina to mention his name as well as an objective description of the nature of the services in his lists of references and proposals for the attention of his prospects and customers, interviews with third parties, activity reports, as well as in the event of legal, regulatory or accounting provisions requiring it.
13. Protection and access to personal information
The Client undertakes to inform each Intern that:
- personal data concerning him is collected and processed for the purposes of monitoring the validation of the training and improving the StratMachina offer
- in accordance with Law No. 78-17 of January 6, 1978, the Trainee has the right to access, modify, rectify personal data concerning him.
In particular, StratMachina will keep the data related to the Trainee's career and assessment of the achievements of the Intern, for a period not exceeding the time necessary to assess the training. Finally, StratMachina undertakes to delete at the end of the exercises any image taken there by any video means during practical work.
14. Applicable law and competent jurisdiction
The general conditions detailed in this document are governed by French law. In the event of a dispute arising between the Customer and StratMachina during the interpretation of these terms or the execution of the contract, an amicable solution will be sought. Otherwise, the Courts of Paris will have sole jurisdiction to settle the dispute.