Terms & Conditions
Object
The purpose of these general conditions is to define the terms and conditions of use of the services offered via this site (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.
They are in particular accessible and printable at any time by a direct link at the bottom of each page of the site, and in the case of an online purchase, in the order form itself.
They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
Legal information :
Editor
This site is published by the company
MICHIGAN ACADEMY OÜ
Sepapaja tn 6 - Tallinn
Harju maakond 15551
Estonia
Contact: contact@davidmichigan.com
Payments
Payments by direct debit are operated by the companies Stripe or PayPal
Hosts
clickfunnels.com
Etison LLC
Attn: Refunds Department
10280 W.Ustick Rd.
Boise, ID 83704
United States
These general conditions of sale apply to all transactions made with Michigan Academy OU. A “Customer” is considered to be any natural or legal person making an order with Michigan Academy OU validated via our secure payment platform or by bank transfer.
0- General
Any order placed under the Services appearing on this site and its thematic sites presupposes prior consultation of these general conditions.
These general conditions of sale express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions provided for in these general conditions. This acceptance can only be full and complete. Any "subject" membership is considered null and void. The Customer who does not accept the modified general conditions must unsubscribe from the Services.
Any Customer who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
Michigan Academy OU reserves the right to modify these terms and conditions at any time.
The latest version published on the site is authentic. It is therefore recommended that the Customer read these general conditions of sale when ordering.
The Customer acknowledges being in full possession of his legal, physical, mental and intellectual capacities to understand and apply these general conditions of sale.
1- Rights of use
This site and all rights attached to it remain the exclusive property of Michigan Academy OU.
All trademarks, photos, logos, or other original graphic elements reproduced on this site as well as on the pages to which it allows access via hypertext links, are the exclusive property of their owners.
Any unauthorized reproduction or reuse, total or partial, of these brands, logos, photos and signs constitutes an infringement liable to criminal penalties.
The Customer acknowledges that this site is not a site for medical, therapeutic, legal or tax purposes but has the sole objective of offering assistance for the personal and professional development of the Customer and his company. The information provided does not constitute medical, psychological, financial, legal, or other professional advice. Consequently, the Customer waives any possible lawsuit concerning the effects that the use of the products and information presented on this site could have, or not see.
By purchasing on this site, the Customer accepts that the liability of Michigan Academy OU and its possible service providers is limited to the price of the Services purchased, within the framework of the right of withdrawal.
2- Validity
These general conditions of sale come into force on the date of access by the Customer to the Services sold. These general conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by Michigan Academy OU, if applicable.
3- Agreement
The click necessary for the order confirmation when purchasing a product or service online, or the payment of an invoice by bank transfer constitutes a purchase agreement which has, between the parties, the same value as a handwritten signature. .
4- Proof of transaction
The computerized registers, kept in the computer systems of Michigan Academy OU, or any service provider of its choice, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
5- Information on products or services
Michigan Academy OU presents on its site the products or services for sale with the necessary characteristics which allow the potential Customer to know before taking the final order the essential characteristics of the products he wishes to buy.
6- Price
The price of the Services is indicated on the site or any adequate additional support.
Unless otherwise stated, they are expressed in Euros and excluding taxes.
Michigan Academy OU reserves the right, at its sole discretion and on terms that it will be the sole judge, to offer promotional offers or price reductions.
Payment of the full price must be made when ordering, except in the case of payment in installments.
7- Method of payment
The terms of payment of the price of the Services are described on the site.
Payment is made by bank transfer or direct debit from the Customer's credit card number.
The direct debit is implemented by the payment provider designated on the site, which alone keeps the bank details of the Customer for this purpose. Michigan Academy OU does not store any bank details.
The Customer warrants to Michigan Academy OU that he has the necessary authorizations to use the payment method chosen. He undertakes to take the necessary measures so that the automatic debit of the price of the Services can be carried out.
8- Payment delays and incidents
The Customer is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice:
– the forfeiture of the term of all sums owed by the Customer and their immediate payment;
– the immediate suspension of the Services in progress until full payment of all sums due by the Customer;
– the invoicing for the benefit of Michigan Academy OU of late payment interest at the rate of three times (3 times) the legal interest rate, based on the amount of all sums owed by the Customer.
Of course, in the event of payment in several instalments, all of the sums contracted remain due and will be placed if necessary in recovery.
9- Data
The Client expressly acknowledges and accepts:
– that the data collected on the site and on the computer equipment of Michigan Academy OU is proof of the reality of the operations carried out within the framework of these presents;
– that these data constitute the only mode of proof accepted between the parties, in particular for the calculation of the sums due to Michigan Academy OU
10- Customer Obligations
Without prejudice to the other obligations provided for herein, the Customer undertakes to comply with the following obligations:
– The Customer undertakes, in its use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he is solely responsible for the proper fulfillment of all formalities, in particular administrative, fiscal and/or social, and for all payments of contributions, taxes or duties of any kind which are his responsibility, where applicable, in relation to his use of the Services. The responsibility of Michigan Academy OU can in no case be engaged in this respect.
– The Customer acknowledges having read on the site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
– The Customer is informed and accepts that the implementation of the Services requires that he be connected to the internet or physically present at the physical workshops, and that the quality of the Services depends directly on this connection and/or this presence, of which he is sole responsible.
– The Customer is also solely responsible for the relationships he may establish with other Customers and the information he communicates to them within the framework of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The Customer also undertakes, in his exchanges with other Customers, to respect the usual rules of politeness and courtesy, and not to harm or seek to manipulate others for personal gain.
– The Customer agrees to provide Michigan Academy OU with all information necessary for the proper performance of the Services. More generally, the Customer undertakes to cooperate actively with Michigan Academy OU for the proper execution of these presents.
– The Customer is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the Customer to identify it on the site) that it disseminates in the framework of the Services (hereinafter referred to as: the “Contents”).
It guarantees to Michigan Academy OU that it has all the rights and authorizations necessary for the distribution of this Content.
He undertakes that the said Contents are lawful, do not infringe public order, good morals or the rights of third parties, do not infringe any legislative or regulatory provision and more generally, are in no way likely to civil or criminal liability of Michigan Academy OU.
The Customer is thus prohibited from disseminating, in particular and without this list being exhaustive:
– Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– infringing Content,
– content detrimental to the image of a third party,
– Content that is misleading, misleading or proposing or promoting illicit, fraudulent or misleading activities,
– Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
– and more generally Content likely to infringe the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.
– The Customer acknowledges that the Services offer him an additional but not an alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
– The Customer must take the necessary measures to save by his own means the information he deems necessary shared by Michigan Academy OU, whether via the member area, by email or any other communication platform.
11- Appointment & punctuality
The customer agrees to be present and on time for the appointments scheduled as part of the Services, whether physical or virtual. Any delay on his part will be deducted from the duration of the session, and any appointment scheduled but not consumed will be lost, except in cases of force majeure or special prior agreement.
12- Customer Warranty
Customer indemnifies Michigan Academy OU against any complaints, claims, actions and/or demands that Michigan Academy OU may suffer as a result of Customer's breach of any of its obligations or warranties under these terms and conditions.
It undertakes to indemnify Michigan Academy OU for any damage it may suffer and to pay it all costs, charges and/or judgments it may have to bear as a result.
13- Prohibited behaviors
It is strictly prohibited to use the Services for the following purposes:
– the exercise of illegal, fraudulent activities or activities that infringe the rights or the security of third parties,
– breach of public order or violation of the laws and regulations in force,
– intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
– sending unsolicited emails and/or prospecting or active commercial solicitation within the Michigan Academy OU community,
– manipulations intended to improve the referencing of a third-party site,
– manipulations intended to take advantage of the ignorance and credulity of other Customers,
– aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
– and more generally any practice diverting the Services for purposes other than those for which they were designed.
Customers are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the Michigan Academy OU site.
Are also strictly prohibited:
– any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
– any violence, physical or verbal,
– any intrusions or attempted intrusions into the systems of Michigan Academy OU,
– any misuse of the site’s system resources,
– any actions likely to impose a disproportionate burden on the infrastructure of the latter,
– any breaches of security and authentication measures,
– any acts likely to infringe the financial, commercial or moral rights and interests of Michigan Academy OU or the users of its site, and finally more generally
– any breach of these general conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services (except explicitly accepted to Michigan Academy OU), as well as to the information which is hosted and/or shared there.
14- Penalties for breaches
In the event of a breach of any of the provisions of these general conditions or more generally, a violation of the laws and regulations in force by a Customer, Michigan Academy OU reserves the right to take any appropriate measure and in particular to:
– suspend or terminate access to the Services of the Customer, author of the breach or offense, or having participated therein,
– delete any content posted on the site,
– publish on the site or the appropriate communication platforms any information message that Michigan Academy OU deems useful,
– notify any authority concerned,
– initiate any legal action.
15- Liability and warranty
Michigan Academy OU undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Customers recognize and accept. expressly.
Michigan Academy OU has no knowledge of the Content posted by Customers as part of the Services, on which it does not perform any moderation, selection, verification or control of any kind.
Consequently, Michigan Academy OU cannot be held liable for Content, the authors of which are third parties, any possible claim must be directed in the first place to the author of the Content in question.
Content harmful to a third party may be notified to MICHIGAN ACADEMY OU in accordance with the procedures provided for in article 6 I 5 of law no. 2004-575 of June 21, 2004 on confidence in the digital economy, MICHIGAN ACADEMY OU reserves the right to take the measures described in article 12.
Michigan Academy OU undertakes to carry out regular checks to verify the operation and accessibility of the Services. As such, Michigan Academy OU reserves the right to temporarily interrupt access to the Services for maintenance reasons. Similarly, Michigan Academy OU cannot be held responsible for temporary difficulties or impossibilities in accessing the Services which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
Michigan Academy OU does not warrant to Customers
– that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults,
– that the Services, being standard and in no way offered for the sole purpose of a given Customer according to his own personal constraints, will specifically meet his needs and expectations.
In any case, the liability likely to be incurred by Michigan Academy OU hereunder is expressly limited only to proven direct damages suffered by the Customer.
16- Image rights:
The acceptance of the general conditions of sale by the customer is valid, in the absence of written information to the contrary sent to Michigan Academy OU, for authorization of video and photographic recording within the framework of physical events (seminars, congresses, masterminds, masterclasses, etc. ) openly covered by an audiovisual production team.
Consequently, by validating his order for such an event, the customer authorizes, free of charge, Michigan Academy OU:
– to use the photos taken of himself during the physical event,
– to fix his filmed intervention (image and sound or image or sound separately) within the framework of the event and/or within the framework of the production of a set recording, intended to be incorporated into any recording made beforehand and/or later.
– to proceed freely to the possible exploitation of this filmed intervention and/or any recording, in whole or in extracts, on all media and by any means of dissemination known or unknown to date, throughout the world.
The customer acknowledges that he is fully satisfied with his rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph, nor request the forfeiture of these rights, as long as they are neither defamatory nor objectively prejudicial.
17- Advertising
Michigan Academy OU reserves the right to insert on any page of the site and in any communication to Customers any advertising or promotional messages in one form or another, and under conditions of which Michigan Academy OU will be the sole judge.
18- Links and third-party sites
Michigan Academy OU can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Customer would access through the Services or by direct prescription.
Michigan Academy OU assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.
Michigan Academy OU is also not responsible for transactions between The Client and any advertiser, professional or trader (including any partners) to which The Client would be directed through Michigan Academy OU, and cannot under any circumstances be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
19- Money-back guarantee
In accordance with the regulations governing distance selling, the Customer has a right of withdrawal of 14 days after the confirmation of purchase for standard products or services.
However, the following purchases are EXCLUDED from this warranty, in particular:
– digital content provided on an immaterial medium and subscription contract for these services, the execution of which began with the Customer's agreement and for which he waives his right of withdrawal (example: downloaded video, online training, etc. ),
– services fully executed before the end of the withdrawal period and whose execution began with the agreement or express request of the Customer.
– tickets for shows / seminars / masterclasses / congresses, etc.
To benefit from the right of withdrawal and full refund when applicable, the Customer must submit an explicit request by email to Michigan Academy OU at the contact email address on this page.
This warranty covers the entire purchase price (excluding return shipping costs, payable by the Customer).
Reimbursement will be made by Michigan Academy OU within 30 days of the request for reimbursement, unless there is a justified delay (eg waiting for the return of goods in the case of a sale of goods).
20- Trial period
As part of certain Services, an additional trial period is granted by Michigan Academy OU, so that the Customer can validate his commitment in conscience.
This is the case, for example, for the “LE CERCLE” support program validated by default for 1 year.
Once past the withdrawal period, the Client agrees to follow the program for at least 4 months and to participate in a physical meeting and all group coaching.
If ever at the end of the 4th month, the Customer no longer wishes to continue, and subject to discussing it beforehand with the Organizer and considering solutions, the Customer may decide to leave the program before the 5th month, via registered mail.
The monthly payments will then be stopped, but the Customer will not recover those already paid.
Once the 5th month has passed, however, the customer agrees to go through with the process or to pay the full amount remaining due in the event of abandonment.
21- Technical prerequisites for accessing or using the Services
The Customer declares to have the necessary skills and means, in particular technical means, to access the online training platform and to take advantage of the training courses or services offered by Michigan Academy OU.
Particularly in the case of online services, the Customer is fully aware that he must have adequate computer equipment to enable him to follow the training course: a computer equipped with a sound card and speakers, a screen, an Internet connection, a web browser, an e-mail software.
In the case of physical services (seminar, masterclass, mastermind, etc.) the Client is fully aware that it is (unless otherwise contracted) his responsibility to organize his transport and accommodation, and to bear the costs thereof, if applicable.
22- Customer Commitment
The customer is responsible for his personal commitment in the use of the Services, as well as his availability for its implementation.
The Client undertakes to develop the state of mind necessary to achieve its objectives and understands that the Services offered by Michigan Academy OU call for both personal and professional development, the Client is in fact fully responsible for the decisions made. In no event shall Michigan Academy OU be held responsible for the professional or personal decisions or non-decisions of the customer during the period of use of the Services, or subsequently.
The customer undertakes to acquire the skills necessary to evolve during the use of the Services, and thus achieve autonomy and the achievement of his objectives.
23- Notion of “Necessary Steps”
In certain cases (promotions, special offers, certain products or services), Michigan Academy OU offers an additional guarantee, subject to conditions.
The reimbursement will then be made by Michigan Academy OU within 30 days of the request for reimbursement, unless there is a justified delay (eg waiting for the return of goods in the case of a sale of goods).
24- Protection of personal data
The data provided by users is stored in an automated file and is only used for the purposes already described. These data are collected through forms provided for this purpose, which contain only the fields essential to provide the service required by users. Personal data is not transferred to third parties.
Users can exercise the rights of access, rectification, cancellation and opposition of personal data by sending a message to the following address: contact@davidmichigan.com. The legal representatives of users who can accredit their status as representative by means of a document attesting to it can also exercise these rights.
25- Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
26- Applicable law and jurisdiction
These general conditions are governed by Estonian law.
Any dispute or dispute relating to the interpretation or execution of the contract is the sole jurisdiction of the Court of Estonia
Privacy policy
The site collects statistical data with Google Analytics and the Facebook pixel
The data collected is only used by Michigan Academy OU and is never transmitted or resold to third parties.
The data collected concerns surnames, first names, e-mail addresses and postal addresses.
The information collected is used to better respond to requests and allow, for commercial purposes, to send information about our offers.
In accordance with the laws relating to data processing, files and freedoms, the Customer has a right of access, rectification and opposition to personal data concerning him.
To exercise this right, it will suffice to contact Michigan Academy OU by email at the address: contact@davidmichigan.com
Subscribers to the newsletter can unsubscribe at any time by clicking on the link contained in the e-mail.
All information relating to Michigan Academy OU's Privacy Policy