Terms & Conditions

Update date: November 18, 2023

Welcome to the Webmark Advisors  website.

Before purchasing, please accept our general terms and conditions of sale and use.

If you have any questions, please don’t hesitate to contact us by e-mail: Contact@webmarkadvisors.com

Article 1. DEFINITION

– «Companies – we» : refers to WEBMARK ADVISORS LLC

WEBMARK ADVISORS LLC  provider, is a company headquartered at 1309 Coffeen Avenue STE 1200, Sheridan,
Wyoming, 82801, US.

– «Site» : refers to the website accessible via the URL link Webmark advisors’s website and any associated sub-sites published by the Company to present and sell its various services.

– «User» means any person who uses the Site.

– «Training» : refers to the paid online training courses and 3-month individual coaching sold on the Site by Webmark Advisors LLC.

– «Additional Coaching» : refers to optional coaching services offered by the Company to Customers as part of Training.

– «Service» : refers to the various types of services provided by the Company (training, additional coaching).

– «Customer – You» : refers to the individual or legal entity contracting a subscription with the Company. Customers may be private individuals or professionals.

– «General Conditions – GC» : refers to the conditions applicable to the contractual relationship between the Company and its Customers, which include the present document and its appendices as well as any element of the Site to which they may refer.

– «Partner»: refers to any third party to the Company to whose Site reference may be made as part of the Service.

Article 2. PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The purpose of these General Terms and Conditions is to define the conditions of supply and purchase of online training courses for French-speaking professional or consumer and non-professional customers, including the terms of use of the https://www.webmarkadvisors.com website and training platforms published and supplied by the Company.

Preliminary remark. Any use of the sites and platforms to benefit from the Service implies acceptance of and compliance with all the terms of these General Terms and Conditions.

Access to GTC. The General Terms and Conditions are accessible at all times on the Website and will prevail, if necessary, over any other version. These General Terms and Conditions take effect from the date of their update as indicated at the top of these General Terms and Conditions.

Acceptance of the General Terms and Conditions. The General Terms and Conditions are accepted at the time of validation of the Customer’s order. By proceeding to payment, the Customer indicates that he accepts the present General Terms and Conditions without reservation. By accepting the General Terms and Conditions, the Customer warrants that he/she is capable of contracting under the law of his/her country of residence. The Customer contracts a subscription for personal use only and declares that he/she will not resell, distribute or rent to third parties the products and services received as part of the various subscriptions. Failure to comply with this undertaking may result in prosecution.

By accepting, the Customer acknowledges that, prior to placing any order, he/she has received sufficient information and advice from the Company on the Site, enabling him/her to ensure that the contents of his/her order are suited to his/her needs.

Article 3. DESCRIPTION OF SERVICES

Training. For a detailed presentation of the Training offered by the Company, the Customer is invited to visit  https://www.webmarkadvisors.com.

Additional Coaching. Additional Coaching is provided for a monthly fee, the amount of which is indicated at the time of subscription. This is a monthly subscription which may be cancelled at any time. The Company reserves the right to offer a trial period free of charge or at a reduced rate for any other period indicated at the time of ordering. The Customer must have a personal Facebook account to subscribe to Additional Coaching and obtain an invitation to a private group. The Additional Coaching subscription includes :

– Access to the Facebook group dedicated to helping people trained under the Training ;

– Organization of Q&A sessions, distribution of exclusive videos to Formation members.

When the expected answers are provided in the Training, the Company reserves the right to refer the Customer to the references of the relevant modules. The Company may create several private groups, notably by registration date or Training version. Additional Coaching only includes access to the private group indicated at the time of ordering.

Article 4. ORDER

Order entry. To place an order, the Customer is invited to enter his/her personal details (surname, first name, address, etc.), then to select the Service according to the payment method he/she prefers and to enter his/her bank details.

By ticking the appropriate box before proceeding with the online ordering procedure and accepting the general terms and conditions of use of the https://webmarkadvisors.com/ website, the customer declares that he/she has read and accepted these General Terms and Conditions of Sale.

Checking the order before validation. The customer checks the summary information of his order before validating it and proceeding to the payment phase using the double-click method. The first click is used to validate the order, and the second click is used to definitively confirm the order after checking and, if necessary, correcting it.

Once your payment card has been pre-registered and you have provided your billing details and email address, you have the option of placing a one-step order subject to these GTC which formalizes the contract with the Company.

Order confirmation. Once the order has been placed, the customer will receive an e-mail confirming the details of the order, together with a link to the general terms and conditions applicable to the order. Once confirmed and accepted by the Company, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal, force majeure, the exercise of a commercial guarantee or any other case provided for by the present General Terms and Conditions, the law or an enforceable court decision.

The sale will only be considered definitive once the Company has sent the Customer confirmation of acceptance of the order by e-mail, and once the full price has been received, or the first monthly instalment in the case of payment by instalments or subscription.

Pricing conditions. The Service is delivered at the rates in force on the Site, at the time the Customer’s order is registered by the Company.

Special offers. The Company reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its service offers and to revise its offers and prices on the Site at any time, under the conditions provided for by law.

Article 5. PAYMENT OF THE ORDER

The price is payable by the means of payment made available on the Site, as indicated on the order page.

The customer may pay for his order online by credit card, i.e. by direct debit using the payment systems and services offered, which are secure services provided by third parties to the Company. In this case, payment is made by direct debit using the credit card information provided, or by SEPA direct debit, according to the payment methods and validation of the payer’s identity determined by the payment service provider and any choices made by the Customer.

The commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit his/her card for the amount relating to the price indicated. The Customer guarantees that he/she is of legal age, that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled and the order cancelled.

The Customer may pay online by credit card, i.e. by direct debit using the payment systems and services offered – in particular Stripe – which are secure services provided by third parties to the Company. In this case, payment is made by direct debit using the credit card details provided, or by SEPA direct debit, depending on the payment method proposed by the payment service provider and the Customer’s choice.

The Customer’s payment information when ordering and paying by credit card is automatically processed by the secure payment service provider STRIPE (https://stripe.com/fr/payments/payment-methods-guide#cartes). The Company reserves the right to use any other payment service provider (PSP).

Depending on the information provided by the order analysis system, the Company may contact the Customer to request additional documents in order to process payment for the order. These documents must be supplied before the order can be validated.

In order to combat credit card fraud, a visual check of the means of payment may be carried out by the Company’s customer service department before the Service ordered is made available.

The on-line provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order and shall constitute payment of the sums indicated on the order form. Validation of the order implies acceptance of the present GTC and constitutes signature and express acceptance of all operations carried out on the Site. However, in the event of fraudulent use of the customer’s bank card, the customer is invited to contact us as soon as such use is detected, without prejudice to any steps that the customer may have to take with his bank.

Once payment by credit card has been completed and validated, access to the training course is sent automatically and instantly.

In the case of bank transfer or PayPal, when the Company provides for this on the order page, access codes for Training will only be sent on receipt of payment, generally within 24 hours.

Article 6. COMMERCIAL WARRANTY

The Company may provide a “satisfied or reimbursed within 24 hours” commercial guarantee at the time of ordering.

When specified on the Site at the time of the Customer’s order, a Customer who is not satisfied with the Training has the possibility of receiving a full refund for 24 hours after the order has been validated and the access codes to the Platform have been provided. This guarantee applies on condition that a maximum of 30% of the Training videos have been viewed. Beyond this point, the Customer will no longer be entitled to any reimbursement, and the Company may refer to the connection logs to exclude the guarantee.

The Company reserves the right to provide any other type of warranty, including special offers, for which the specific conditions of application and duration of validity will be provided to the Customer. The Company reserves the right to refuse any order from a User who appears to have already requested a warranty, or to restrict the provision of any non-cumulative offer, and not to provide any special commercial warranty.

Article 7. RIGHT OF WITHDRAWAL

The consumer customer (or non-professional in certain cases) may withdraw from these General Terms and Conditions without giving any reason within one (1) day. The withdrawal period expires 1 day after the conclusion of the contract. This is a right of consumers (and non-professionals in certain cases) which applies independently of any commercial guarantee.

To exercise his right of withdrawal, the consumer customer (or non-professional in certain cases) must notify his decision to withdraw by unambiguous declaration by e-mail with acknowledgement of receipt and acknowledgement of reading to Contact@Webmarkadvisors.com. You can use the model withdrawal form below, and include the words “RIGHT OF WITHDRAWAL” in the subject line of your e-mail or letter, but this is not compulsory.

If the Customer withdraws from the Services, access rights are terminated.

The sums paid will be reimbursed as soon as possible and at the latest within fourteen days of receipt of the notification sent by the consumer customer of his wish to withdraw.

The Company will make the refund using the same means of payment as that used for the initial transaction, unless the Customer expressly accepts a different means; in any event, this refund will not incur any costs for the Customer.

By validating the present General Conditions and a box provided for this purpose, the Customer accepts to benefit directly from the Service after the order without waiting for the end of the withdrawal period, but does not waive his right. In the event of the Customer exercising his right of withdrawal, he shall pay the Company an amount corresponding to the service provided until the communication of his decision to withdraw. This amount is proportionate to the total price of the service agreed at the time of the order, and may be calculated on the basis of Coaching time and/or the percentage of Training content consultation (logs). If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied. If this is not the case, the customer may exercise his right of withdrawal under the aforementioned conditions.

Article 8. ACCESS TO SERVICES

Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access, are the sole responsibility of the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.

Access to Services. The Customer provides the Company with the information required to supply the Services at the time of the order, and is solely responsible for ensuring that this information is accurate (surname, first name, address, e-mail address, telephone number). The Customer guarantees the Company against any false identity and may not hold the Company liable for any failure resulting from the inaccuracy of the information provided by the Customer.

The Company electronically provides the Customer with access codes to the Services no later than 48 hours after effective payment of the order in accordance with the terms of payment specified. All identification/access codes supplied by the Company to Customers are strictly personal, individual, confidential and non-transferable. Customers are responsible for the confidentiality of their access codes, and shall refrain from disseminating them in any way. The Customer shall be liable for any unauthorized, fraudulent or abusive use of its access codes and rights. The Customer shall immediately inform the Company of any loss or theft of access keys. In the event of violation of access rights, the Company reserves the right to suspend the Site, without compensation, prior notice or prior information.

Respectful behavior. Any contribution space on the Site or social networks provided to Customers within the framework of the Service – and in particular Coaching – must be used in good faith, and the Customer shall refrain from any defamatory, threatening, hateful, intolerant, obscene, etc. discourse and from any publication likely to infringe the rights of third parties or contrary to the law.

The Company reserves the right to refuse access to all or part of the Services or to limit access rights to the Services, unilaterally and without prior notice, to any Customer who fails to comply with the General Terms and Conditions.

Interruption of Service. The Company reserves the right to interrupt, temporarily suspend or modify, without notice, access to all or part of the Site, in order to ensure maintenance (in particular by means of updates), for security reasons or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.

The Company makes every reasonable effort to ensure continuous, high-quality access to the Site, but is under no obligation to do so. In particular, the Company cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the Site.

In the event of a lasting network or service provider malfunction, the Company undertakes to offer a replacement solution to ensure continuity of service.

Article 9. SERVICE DURATION

The Service begins on the date indicated on the Site at the time of the Customer’s order. The Service is delivered for the duration specified on the Site at the time of the Customer’s order. Essential information about the commencement and duration of the Service is provided to the Customer in the order summary. In any event, Training is provided for at least three months from the date of delivery of access rights, and for an unlimited period from the date of delivery of access rights.

Additional Coaching is provided as a monthly subscription, which may be cancelled at any time for the following month, provided that at least three calendar days’ notice is given before the next scheduled payment/drawdown date. Cancellation must be requested by the Customer from the Company, in the form of an unambiguous e-mail to Contact@Webmarkadvisors.com, specifying the order confirmation date and the Facebook username used to access the group. In the event of termination, the Customer’s access rights to the self-help group are terminated, but not those of Training.

Article 10. PROTECTION OF PERSONAL DATA

The Company respects your privacy and undertakes to ensure that the collection and automated processing of your data, which are intended for the purposes of commercial prospecting, order management and the delivery of the Service, carried out from the Sites and the Platform comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés).

By entering his/her email address on the Site or Platform, including when registering for a free training course or module or after cancelling an order, the User and/or Customer receives emails relating to the subject of the list on which he/she has registered. The User may unsubscribe at any time. To do so, simply inform the Company at the following e-mail address: Contact@Webmarkadvisors.com, or click on the unsubscribe link in the e-mail.

The Company monitors traffic on the Site and Platform using tools such as Google Analytics. This data is used to improve the user experience, to personalize it according to frequent user requests, and to process and fulfill customer orders.

The User is hereby informed that the information requested in the forms available on the Site or Platform is compulsory and necessary to process User requests. Failure to answer a mandatory field will make it impossible for the Company to process Customer requests.

Data processed for the time necessary to implement the purpose for which it was collected. This includes legal, accounting, reporting or evidential requirements for litigation management purposes.

Persons concerned by personal data processing carried out by the Company have the right to access, rectify and delete data concerning them, and may object to such processing on legitimate grounds. To exercise these rights, please contact the Company by e-mail at Contact@webmarkadvisors.com.

The Customer may refer to the Company’s Privacy Policy for further information.

Article 11. THIRD-PARTY SITES – HYPERTEXT LINKS

The Customer is informed that the Service may require access to other sites or platforms, designed and managed under the responsibility of third parties. Any recommendations are provided for information purposes only and do not imply any liability for the failure of third parties, including recommended third parties. Unless otherwise stated in these General Terms and Conditions, the Company has no control over the content of such sites and accepts no responsibility for their content or for the use made by any third party of the information contained therein.

When the User accesses third-party links via the hypertext links present on the Sites to Partner sites, the latter are not governed by the present Terms and Conditions. The User is therefore invited to examine the general conditions of use or sale, as well as the privacy policies or any other legal information, applicable to these sites.

Article 12. FORCE MAJEURE OR FORTUITOUS EVENTS

Under no circumstances may the Company be held liable for any technical or software failure or any other cause beyond its control, including in the event of an over-volume of access requests. The performance of the Company’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. The Company will notify the Customer of the occurrence of such an event as soon as possible.

In addition to those normally recognized by the jurisprudence of the French Courts and Tribunals, the following are considered to be cases of force majeure or fortuitous event, without this list being restrictive: strikes or industrial disputes within or outside the Company, natural disasters, fire, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Company.

In the event of incapacity for work of the expert(s) in charge of the Service, within the Company, as a result of illness or accident, the Company reserves the right to modify the planned schedule without the Customer being entitled to claim any compensation whatsoever. The Company will notify the Customer within a reasonable time of such incapacity and, as far as possible, of its duration.

Article 13. INTELLECTUAL PROPERTY

The Company is the owner of all intellectual property rights relating to the Sites and Platform, content, tools and training materials delivered, which belong to them or hold the related usage rights. Access to the Sites and/or Platform does not give the User any right to the intellectual property rights relating to the Sites and Platform, which remain the exclusive property of the Company or its Partners.

The Company’s content is provided on a strictly personal basis to Customers. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the content of the Sites or Training/Coaching platform without the prior written authorization of the Company. Any unauthorized use by the Company or its Partners, for any purpose whatsoever, of all or part of the Sites or Training/Coaching platform may be the subject of any appropriate action, in particular an action for infringement.

In return for payment of the price requested when the order is placed, the content, information and access to the Platform or to any type of content that may form part of the Service provided are subject to a personal, non-transferable and non-exclusive right of use for a limited period, the duration of which varies according to the Service selected by the Customer at the time the order is placed, and the possible renewal of the Service beyond that period. In this respect, the Customer agrees not to use or exploit the Service on behalf of others. The Customer is liable for any unauthorized transfer or communication of content or access codes.

The Customer is responsible for ensuring that the intellectual property rights of the Company or its Partners are respected by all of its employees who may have authorized access to the contents of the Service and/or the Platform or who may be Users.

All distinctive signs used by the Company are protected by law and any unauthorized use by the Company may give rise to legal proceedings.

Non-compliance with this clause will be considered as serious misconduct on the part of the Customer, which will be detrimental to the Company, which reserves the right to terminate the contract to the detriment of the Customer, without prejudice to any action for damages.

All Users undertake, under the same conditions, to respect the rights of other Users with regard to content published within the framework of the Service and to make fair use of any information provided in confidence within the framework of a Customer group.

Article 14. CHANGES TO THE GENERAL TERMS AND CONDITIONS

The Company reserves the right to modify the terms, conditions and mentions of the General Terms and Conditions at any time and without prior notice, in order to adapt them to changes in the Sites and/or their operation and in the characteristics of access to the Service. The applicable conditions are those sent to the Customer in the event of distance selling by any other means of communication on a durable medium.

Modifications to the General Terms and Conditions made by the Company will not apply to the Service already subscribed to, except for clauses relating to the technical evolution of the Service, provided that this does not result in an increase in price or an alteration in quality, and that the characteristics to which the non-professional Customer or consumer has subjected his commitment remain unchanged.

The Customer may also be asked to accept the modified General Terms and Conditions, failing which the General Terms and Conditions last accepted will continue to apply until the Service is fully performed. Should the Company be unable to continue to provide the Service under the previous conditions, the Customer has the right to request termination of the Service within a reasonable period of time and reimbursement. No reimbursement may be made more than one year after the Training has been delivered. In all cases, the Company may retain an amount corresponding to the Service provided until termination, in accordance with the conditions laid down by law.

Article 15. EXCLUSIONS OF LIABILITY

Disclaimer: The Company does not issue any state-recognized diplomas, such as MBAs or business schools. The Company does not act as a training organization within the meaning of the French Labor Code. The Company does not deliver training courses that are data-socked or reimbursable by training organizations.

The use and exploitation of the information provided under the Service are under the sole responsibility of the Customer and at the Customer’s own risk. None of the Services, or any part of them, may be considered as personalized consulting services provided by lawyers, chartered accountants, auditors or any other regulated profession, which the Customer expressly accepts. The Company shall not be held liable for any disputes arising between the Customer and its own clients, or any other third party to the General Terms and Conditions.

The Customer declares and guarantees that the Service subscribed to from the Company is perfectly suited to his objectives and needs, and that he has received all the information necessary for his purchase. The Company does not guarantee any minimum sales to the Customer. Any estimate of the Customer’s potential profit is indicative only. Any “challenge” established as part of a Training program does not in any way constitute a guarantee of results or a guaranteed minimum sales figure.

The User and/or Customer is solely responsible for the interpretations he makes of the information provided under the Services, for the advice he deduces therefrom or which has been given to him within the framework of the Services, and for the adaptations made for his own activities.

The Company makes no express or implied warranties of any kind, including but not limited to warranties of continuity, performance, results or durability of the benefits derived by the customer from the training and/or coaching services, which depend entirely on their concrete and effective implementation by the customer, and are subject to contingency.

In this respect, the Customer is expressly warned that any professional activity requires an appropriate legal status, in accordance with the law of its country. The Company’s role is not to provide professional status to the Customer, who is fully responsible for complying with the regulations applicable to the professional activity for which he/she subscribes to the Services, particularly in terms of invoicing, VAT, consumer law, personal data, competition, health and sanitary standards applicable in his/her country.

As a publisher, the Customer assumes responsibility for communicating information to the public and for the editorial content of its site(s), blogs, pages on social networks, etc. The Customer is solely responsible for the quality, legality and relevance of the data and content it transmits to the public, including that which it submits to the Company for advice and/or publishes. The Customer is solely responsible for the quality, lawfulness and relevance of the data and content it transmits to the public, including that which it submits to the Company for advice and/or publishes on a private group as part of the Service.

Article 16. APPLICABLE LAW – LANGUAGE

The General Terms and Conditions and all sales and purchase transactions referred to therein are governed by French law. They are written in French. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.

The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the Company shall not constitute a waiver of the other clauses hereof, which shall continue to have full effect.

Article 17. DISPUTES

In the event of a dispute, the Customer shall first contact the Company to try to find an amicable solution. In the event of difficulties in the application of the present contract, the consumer customer also has the possibility, before taking any legal action, of requesting recourse to a mediator.

The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

It is reminded that the search for an amicable solution does not interrupt the “short period” of the legal warranty, nor the duration of the contractual warranty. As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to warranties presupposes that the Customer honors its financial commitments to the Vendor.

The Company’s liability to the Professional Customer is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances may the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the image or reputation of the Professional Customer.