Terms and Conditions of Sale

ARTICLE 1. PARTIES
ARTICLE 2. DEFINITIONS
ARTICLE 3. PURPOSE – SCOPE OF APPLICATION
ARTICLE 4. TRAINING ORDER
4.1. Order Process
4.1.1. Selection of a Training Course
4.1.2. Order Validation
4.1.3. Payment by the Client
4.1.4. Order Confirmation by Phileas Golf
4.2. Enrollment in a Training Course
4.3. Acceptance of the General Terms and Conditions

ARTICLE 5. DESCRIPTION OF SERVICES
5.1. Purpose of the Website
5.2. Services
5.2.1. Training Courses
5.2.2. Training Materials and Content
5.2.3. Duration of Services
5.2.3.1. Duration of Training Courses
5.2.3.2. Access to Training Materials and Content
5.2.3.3. Early Termination of Access to Training Materials and Content
5.3. Cancellation and Rescheduling Before the Start of Training
5.3.1. Cancellation and Rescheduling by Phileas Golf
5.3.2. Cancellation by the Client
5.4. Cancellation After the Start of Training
5.5. Issuance of Documents Upon Completion of Training
5.5.1. Certificate of Completion
5.5.2. Delivery of the Certificate of Completion

ARTICLE 6. CLIENT DECLARATIONS AND OBLIGATIONS
6.1. Information
6.2. Authorizations and Declarations
6.3. Provision of Information
6.4. Use of Services
6.5. Client Attendance Requirement
6.6. Code of Conduct

ARTICLE 7. PRICING – PAYMENT
7.1. Pricing
7.2. Payment Methods
7.3. Invoicing
7.4. Payment Deadlines – Late Payment

ARTICLE 8. COMPLAINTS – WITHDRAWAL – WARRANTY
8.1. Customer Service
8.2. Right of Withdrawal – Distance Selling
8.2.1. Conditions for Exercising the Right of Withdrawal
8.2.2. Effects of the Right of Withdrawal
8.2.3. Exclusions from the Right of Withdrawal
8.3. Warranty
8.3.1. Conditions for Exercising the Warranty
8.3.2. Effects of the Satisfaction Guarantee

ARTICLE 9. PERSONAL ACCOUNT
9.1. Creation of the Personal Account
9.2. Content of the Personal Account
9.3. Deletion of the Personal Account

ARTICLE 10. PERSONAL DATA
10.1. Identity of the Data Controller
10.2. Collected Data
10.2.1. Data Collected from Clients
10.2.2. Purposes of Personal Data Collection
10.2.3. Legal Basis for Processing
10.2.4. Recipients of Data
10.2.5. Retention Period of Personal Data
10.2.6. Security and Confidentiality of Personal Data
10.2.7. Data Minimization
10.3. Respect of Rights
10.3.1. Right to Information, Access, and Data Disclosure
10.3.2. Right to Rectification, Erasure, and Right to Be Forgotten
10.3.3. Right to Object to Data Processing
10.3.4. Right to Data Portability
10.3.5. Right to Restriction of Processing
10.3.6. Response Timeframes
10.3.7. Complaint to the Competent Authority
10.4. Transfer of Collected Data
10.4.1. Transfer to Partners
10.4.2. Transfer Due to Legal Request or Court Order
10.4.3. Transfer in Case of Merger or Acquisition

ARTICLE 11. LIABILITY OF PHILEAS GOLF
11.1. Nature of Phileas Golf’s Obligations
11.1.1. Provision of Services
11.1.2. Training Courses
11.2. Force Majeure – Client’s Fault
11.2.1. Force Majeure
11.2.2. Client’s Fault
11.3. Technical Issues – Hyperlinks
11.4. Compensation Liable by Phileas Golf
11.5. Hyperlinks and Website Content
11.6. Liability as a Hosting Provider

ARTICLE 12. CONFIDENTIALITY
ARTICLE 13. INTELLECTUAL PROPERTY
13.1. Protection of Training Materials and Content
13.1.1. Legal Protection of Training Materials and Content
13.1.2. Contractual Protection of Training Materials and Content
13.2. Protection of Website Content
13.2.1. Legal Protection of Website Content
13.2.2. Contractual Protection of Website Content
13.3. Access to Training Materials and Content
13.3.1. Ownership by Phileas Golf
13.3.2. End-User License
13.3.3. Warranty

ARTICLE 14. FINAL PROVISIONS
14.1. Governing Law
14.2. Amendments to These General Terms and Conditions
14.3. Disputes
14.4. Entire Agreement
14.5. Non-Waiver
14.6. Telemarketing
14.7. Language of These General Terms and Conditions
14.8. Unfair Clauses

CANCELLATION POLICY FOR DISTANCE SELLING TO CLIENTS

ARTICLE 1. PARTIES

These General Terms and Conditions apply between:
PHILEAS GOLF, a simplified joint-stock company (SASU), registered with the Poitiers Trade and Companies Register under number 820 072 379, with its registered office at 16 rue du Palais, 86200 Loudun, France.
Phone: +33.6.18.65.67.22 | Email: reno@thefrenchgolfcoach.net
VAT number: FR38820072379 (hereinafter referred to as "Phileas Golf").

AND
Any individual or legal entity, private or public, contracting with Phileas Golf to use the Services (hereinafter referred to as "the Client").
Together referred to as "the Parties."

ARTICLE 2. DEFINITIONS

"Training Materials": All Content made available to the Client by Phileas Golf as part of the Services.
"Content": Digital informational content sold on the Site by Phileas Golf, which may include audio, video, or text formats.
"Site Content": Elements of any nature published on the Site, whether or not protected by intellectual property rights (e.g., texts, images, designs, presentations, videos, diagrams, structures, databases, or software).
"Training Course": Training services provided by Phileas Golf, primarily consisting of golf instruction programs. Courses may be group or individual and delivered remotely or at a dedicated location (address communicated to the Client at least one (1) week before the start date).
"User": Any individual or legal entity, private or public, accessing the Site.
"End-User License": License under which Training Materials and Content are provided to the Client by Phileas Golf.
"Service": Content and Training Courses.
"Site": Website accessible at www.thefrenchgolfcoach.net, including subdomains, mirror sites, portals, and related URL variations.
"Phileas Golf": Refers to Phileas Golf in its capacity as the Site’s publisher.

ARTICLE 3. PURPOSE – SCOPE OF APPLICATION

Access to the Site published by Phileas Golf is free. However, to use certain Services, the Client may enroll in Training Courses offered by Phileas Golf. Details and availability of each Course are listed on the Site. Courses and related Content may be modified at any time. Visuals displayed on the Site are for illustrative purposes only.

ARTICLE 4. TRAINING COURSE ORDERS

4.1. Order Process

4.1.1. Selection of a Training Course

To enroll in one or more Courses, the Client must complete the designated form(s) on the Site.

4.1.2. Order Validation

During enrollment, the Client must provide billing information. The Client may review the selected Course(s), including features, price, and duration. If satisfied, the Client validates the order by clicking the designated button on the Site.

4.1.3. Payment by the Client

After validation, the Client will be prompted to review or modify delivery/billing details before proceeding to a secure payment interface labeled "Order with payment obligation" (or similar wording).

4.1.4. Order Confirmation by Phileas Golf

Upon receiving payment, Phileas Golf will send an electronic receipt within twenty-four (24) hours, followed by a summary email confirming order processing and including all relevant details.

4.2. Enrollment in a Training Course

The Client’s enrollment is binding and irrevocable, except under conditions specified in Articles 5.3 and 5.4. The contract between the Parties is formed upon Phileas Golf’s acceptance of the enrollment.

4.3. Acceptance of the General Terms and Conditions

By enrolling, the Client acknowledges having read and accepted these General Terms unconditionally. These Terms supersede all other conditions, including the Client’s. Catalogs, brochures, advertisements, or notices provided by Phileas Golf are for informational purposes only and hold no contractual value.
The Client must have the legal capacity to enter into this agreement or provide authorization from a guardian (if incapacitated), legal representative (if a minor), or hold a mandate (if acting on behalf of a legal entity).

ARTICLE 5. DESCRIPTION OF SERVICES

5.1. Purpose of the Site
The Site aims to provide a platform allowing Clients to access the Services.

5.2. Services
All Training Courses and Content offered by Phileas Golf are presented on the Site. By subscribing to a Training Course, the Client is granted temporary access to the Services.

5.2.1. Training Courses
Phileas Golf offers Clients Training Courses consisting notably of golf instruction programs. Details of each Training Course are provided to the Client on the Site. Training Courses may be group or individual and take place remotely or at a dedicated location, the address of which is communicated to the Client at the latest one (1) week before the start of the Training Course.

5.2.2. Training Content and Materials
As part of the Services offered, Phileas Golf provides the Client with the strictly necessary materials for the completion of the ordered Training Course. These materials include, notably, access to, consultation of and/or the ability to download Training Content and Materials made available by Phileas Golf. These may be provided on any medium, including paper or digital format. The Training Content and Materials included in a Training Course are detailed in each Course’s description sheet accessible on the Site.

The provision of Training Content and/or Materials by Phileas Golf does not in any way imply a transfer of intellectual property rights to the Client. Phileas Golf retains full ownership of all such materials.

5.2.3. Duration of the Services

5.2.3.1. Duration of Training Courses
As part of the Services offered, Phileas Golf provides the Client with the strictly necessary materials for the completion of the ordered Training Course. These materials include, notably, access to, consultation of and/or the ability to download Training Content and Materials made available by Phileas Golf. These may be provided on any medium, including paper or digital format. The Training Content and Materials included in a Training Course are detailed in each Course’s description sheet accessible on the Site.

5.2.3.2. Access to Training Content and Materials
Subscribing to a Training Course grants the Client temporary access to the Training Content and Materials made available by Phileas Golf. This temporary access begins on the first day of the Training Course and automatically ends upon its completion.

The duration of temporary access is that mentioned on the Site at the time of the order or, where applicable, at the time of the order confirmation by Phileas Golf. In any case, the Client acknowledges and accepts that the temporary access right granted cannot exceed eighteen (18) months.

The above temporary access terms do not apply to Training Content and Materials provided to the Client in paper format, which do not need to be returned at the end of the Training Course, except as provided in Articles 8.2 and 8.3 of these Terms and Conditions.

5.2.3.3. Early Termination of Access to Training Content and Materials
In the event of a breach by the Client of any provision of these Terms and Conditions, Phileas Golf may terminate the Client’s temporary access right automatically and without judicial intervention. This termination, at the sole fault of the Client, is without prejudice to any damages Phileas Golf may claim due to said breach.

5.3. Cancellation and Rescheduling Before Training Course Start

5.3.1. Cancellation and Rescheduling by Phileas Golf
When subscribing to a Training Course, the Client must provide billing information. The Client will then be able to verify the selected Training Course, its characteristics, price, and duration. If satisfied, the Client may confirm the order by clicking the appropriate button on the Site.

5.3.2. Cancellation by the Client
The Client may cancel a Training Course by notifying Phileas Golf in writing at the contact details provided in Article 1 of these Terms and Conditions. The Client must give notice as follows:

For cancellations more than fifteen (15) days before the Training Course start date, all amounts paid will be refunded in full without any fees charged by Phileas Golf;
For cancellations less than fifteen (15) days before the start date, Phileas Golf reserves the right to retain fifty percent (50%) of the total amount including taxes, as a fixed indemnity covering administrative and setup costs. This indemnity may not, under any circumstance, be offset against the professional training development contribution.

5.4. Cancellation After Training Course Start
Except in cases outlined in Articles 5.3.2, 8.2, and 8.3 of these Terms and Conditions, the Client acknowledges that no cancellation is possible once the Training Course has begun. Any course started is fully due by the Client, regardless of attendance or participation. No refund will be issued by Phileas Golf proportional to days attended.

5.5. Delivery of Documents After Training Course

5.5.1. Certificate of Completion
The Client may request a certificate of completion by writing to the contact address provided in Article 1 of these Terms and Conditions. Phileas Golf will then issue a certificate indicating the nature and duration of the Training Course and the Client’s attendance.

5.5.2. Issuance of Certificate
In any case, the issuance of any certificate is conditional upon full payment of the Training Course by the Client. Additionally, no certificate will be issued to a Client who did not attend the entire Training Course.

ARTICLE 6. CLIENT DECLARATIONS AND OBLIGATIONS

6.1. Information
The Client confirms having read and understood the technical specifications of the Services prior to accepting these Terms. Consequently, the Client acknowledges that the Services meet their needs, that they are aware of their content and execution terms, and that they subscribed knowingly and with all necessary information for informed consent.

6.2. Authorizations and Declarations
Where applicable, the Client is solely responsible for any authorizations and declarations required for enrolling in and following the Training Courses. The Client confirms having all necessary rights and authorizations. Any failure to obtain such authorizations shall not affect the validity of these Terms. The Client remains liable for full payment and shall indemnify Phileas Golf from any claims resulting from such failures.

6.3. Provision of Information
The Client agrees to provide all information and documents required for the execution of the Training Course within forty-eight (48) hours following a request from Phileas Golf. Documents must be legible and clear. Otherwise, Phileas Golf may refuse to conduct the Training Course.

6.4. Use of Services
The Client is solely responsible for any use, transmission, or dissemination of the Services. The Client agrees not to transmit data that violates intellectual property rights or any other law. The Client shall not interfere with the Services or servers and must comply with all rules communicated by Phileas Golf. The Client agrees to indemnify Phileas Golf for any damage resulting from misuse, including legal costs, and to participate in any legal proceedings.

6.5. Client Attendance Obligation
The Client is required to attend the entire Training Course and participate in all videoconferences, field sessions, and practical exercises. Full attendance is mandatory to receive certification. Late arrivals may be denied entry. Unjustified absences may lead to permanent exclusion.

6.6. Code of Conduct
The Client agrees to use the Services respectfully and only for personal and legitimate purposes. In particular, the Client agrees not to:

Damage materials, content, or documents;
Make statements against public order, decency, or offensive to minors;
Violate personal rights, privacy, or image rights;
Defame or damage the image or reputation of any individual or brand;
Make pornographic or pedophilic remarks;
Threaten the security or integrity of any state or territory;
Infringe on intellectual property rights;
Incite hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, or promote war crimes or crimes against humanity;
Encourage criminal acts or terrorism;
Discriminate against people based on ethnicity, religion, race, sexual orientation, or disability;
Promote questionable or fraudulent practices;
Include hyperlinks or advertise a company, brand, website, blog, or forum;
Use the Site for commercial purposes.

Any inappropriate behavior or unauthorized use may result in immediate exclusion from the Training Course and account termination, without prejudice to Phileas Golf’s right to legal action or compensation.

ARTICLE 7. PRICE – PAYMENT

7.1. Prices
The applicable prices are those displayed on the Website on the day the order is placed. These prices may be changed at any time by Phileas Golf for any future orders. The prices shown are valid only on the day the Client places the order and do not apply to future transactions.

Prices listed on the Website are in euros, inclusive of all taxes, and exclude delivery charges. These prices do not include transport, accommodation and/or catering expenses, which, if applicable, remain the responsibility of the Client.

7.2. Payment Methods
The Client may make payment by credit card or bank transfer. Credit card payments are made via secure transactions provided by BNP. For credit card payments, Phileas Golf does not have access to any Client payment data. Payment is made directly to the banking institution. In the case of payment by money order, check, or bank transfer, delivery times begin only after Phileas Golf has received the payment.

7.3. Invoicing
Phileas Golf will send or make available an invoice to the Client by electronic means after each payment. The Client expressly agrees to receive invoices electronically.

7.4. Payment Terms – Default of Payment
Agreed payment dates may not be delayed for any reason, including in the event of a dispute.

Any amount not paid when due will automatically and without formal notice incur late penalties calculated at a rate equal to three (3) times the legal interest rate, without affecting the enforceability of the principal amount owed.

Furthermore, any delay in payment will result in a recovery charge of forty (40) euros for defaulting professional Clients and immediate payment of all outstanding sums, regardless of agreed payment terms, with a penalty of twenty percent (20%) of the amount due, as a penalty clause.

In any case, late payment may result in unilateral termination of the contract at the Client’s fault.

This clause is in accordance with Article 1231-5 of the French Civil Code, which allows a judge to reduce the penalty if deemed excessive.

ARTICLE 8. COMPLAINTS – WITHDRAWAL – WARRANTY

8.1. Customer Service
Phileas Golf’s customer service is available from Monday to Saturday from XX:XX to XX:XX (non-premium rate) at the following number: +33.X.XX.XX.XX.XX, by email at: reno@thefrenchgolfcoach.net or by post at the address indicated in Article 1 of these General Terms. In the last two cases, Phileas Golf commits to respond within two (2) working days.

8.2. Right of Withdrawal – Distance Selling

8.2.1. Conditions for Exercising the Right of Withdrawal
In accordance with applicable legislation on distance selling, the Client has a period of fourteen (14) clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except for possible return shipping costs.

This period begins on the day the distance contract is concluded for contracts relating to the provision of services and/or digital content not provided on a tangible medium.

If the fourteen (14)-day period ends on a Saturday, Sunday or public holiday, it is extended to the next working day.

The decision to withdraw must be notified to Phileas Golf at the contact details provided in Article 1 of these General Terms by means of an unambiguous statement. For example, the Client may use the standard withdrawal form provided at the end of these General Terms. In any case, Phileas Golf will acknowledge receipt of the withdrawal by email as soon as possible.

8.2.2. Effects of the Right of Withdrawal
When the right of withdrawal is exercised, the professional must refund the Client all amounts paid, as soon as possible and no later than fourteen (14) days from the date the right was exercised. The professional will refund using the same payment method used by the Client for the initial transaction, unless the Client expressly agrees to another method and provided it does not incur additional fees.

The conditions, deadlines and procedures for exercising the right of withdrawal are detailed in the standard withdrawal form provided at the end of these General Terms.

8.2.3. Exclusions from the Right of Withdrawal
The right of withdrawal does not apply, in particular, to contracts:
– for the supply of services fully performed before the end of the withdrawal period and whose performance began after the Client's prior express consent and waiver of the right of withdrawal;
– for the supply of audio or video recordings or computer software unsealed by the Client after delivery;
– for the supply of digital content not provided on a tangible medium whose execution began after the Client’s express prior consent and waiver of the right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts fully performed by both parties at the Client's express request before the withdrawal right is exercised.

When confirming the order of digital content not supplied on a tangible medium before the withdrawal period expires, the Client's waiver of the withdrawal right will be indicated by checking the following statement:
"I expressly waive my 14-day right of withdrawal for the delivered Products."
The Client will receive an email confirmation of their waiver.

For service orders, the Client's waiver of the right of withdrawal will be indicated by checking the following statement:
"I expressly waive my 14-day right of withdrawal for the services I will benefit from before the end of this period."
The Client will then receive an email confirmation of this waiver.

If a Client exercises their right of withdrawal for a service contract that began at their express request before the end of the withdrawal period, they shall pay Phileas Golf an amount proportional to the service provided up to the point of notification of withdrawal, based on the total contract price.

8.3. Satisfaction Guarantee

8.3.1. Conditions for Exercising the Satisfaction Guarantee
Phileas Golf offers the Client a thirty (30)-day satisfaction guarantee on its Services. This period is calculated in calendar days from the date the Client places the order. The Client wishing to benefit from this guarantee must request it in writing, using clear and unambiguous terms, sent to the contact details provided in Article 1 of these General Terms. The Client is not required to justify their decision or pay penalties, except for possible return costs. Phileas Golf will acknowledge receipt of the request by email as soon as possible.

8.3.2. Effects of the Satisfaction Guarantee
Implementing the satisfaction guarantee ends the Client’s access to Services provided by Phileas Golf. As such, the Client agrees to return all Training Content and Materials received as part of the Services to Phileas Golf at the address indicated in Article 1 of these General Terms and to destroy all physical or digital copies in their possession.

In return, Phileas Golf will refund the Client all amounts paid, as soon as possible and no later than fourteen (14) days from the date the satisfaction guarantee is implemented. Refunds will be made using the same payment method used for the initial transaction, unless the Client expressly agrees otherwise and provided the refund incurs no additional fees.

ARTICLE 9. PERSONAL ACCOUNT
9.1. Creating a Personal Account
Creating a personal account is a prerequisite for accessing the Services covered by these General Terms and Conditions. To this end, the Client will be required to provide a certain amount of personal information. Some of this information is considered essential for the creation of the personal account. If a Client refuses to provide the required information, it will prevent the creation of the personal account and, consequently, the validation of the order and access to the requested services.

When creating the personal account, the Client will be asked to choose a password. This password ensures the confidentiality of the information stored in the personal account. The Client must not share or disclose this password to any third party. Otherwise, The French Golf Coach cannot be held responsible for any unauthorized access to the Client's personal account.

The Client also agrees to regularly verify their personal data and to make any necessary updates or modifications directly from their personal account.

9.2. Content of the Personal Account
The personal account allows the Client to access the Services, place orders with The French Golf Coach, register for Training Programs, and review their order history.

The pages related to personal accounts can be freely printed by the account holder but do not serve as legally admissible proof in court. They are purely for the Client’s own administrative and organizational use.

The French Golf Coach commits to securely storing all contractual documents that are required by law or regulation.

9.3. Deletion of the Personal Account
The French Golf Coach reserves the right to delete the account of any Client who violates these General Terms and Conditions, particularly in cases where the Client provides inaccurate, incomplete, misleading, or fraudulent information, or if the account has been inactive for at least one (1) year. Such deletion shall not be deemed a fault of The French Golf Coach or cause any harm to the excluded Client, who will not be entitled to any compensation.

This exclusion is without prejudice to The French Golf Coach’s right to pursue legal action against the Client if warranted.

ARTICLE 10. PERSONAL DATA
As part of its services, The French Golf Coach will process personal data of its Clients.

10.1. Data Controller Identity
The entity responsible for collecting and processing data on the Website is The French Golf Coach.

10.2. Data Collected
10.2.1. Data collected from Clients
During its contractual relationships, The French Golf Coach may collect and process the following Client data: names, surnames, phone numbers, bank details, postal addresses, and email addresses.

10.2.2. Purposes of Data Collection
The data collected during the contractual relationship is processed for the following purposes:
– To fulfill contractual obligations;
– To offer Training Programs;
– To contact and register Clients;
– To prevent any illegal or unlawful activity;
– To enforce the general terms and conditions;
– To initiate legal proceedings;
– To verify Clients’ identities.

10.2.3. Legal Basis for Processing
The processing of the collected data is legally based on the contractual relationship.

10.2.4. Data Recipients
The data is accessible only to The French Golf Coach personnel within the strict limits required for fulfilling contractual obligations.
This data, whether in individual or aggregated form, is never freely viewable by third parties.

10.2.5. Data Retention Period
Personal data is retained for the duration of the contractual relationship and for the period during which The French Golf Coach may be held liable.

After the retention period, The French Golf Coach commits to permanently delete the relevant data without keeping a copy.

10.2.6. Data Security and Confidentiality
Personal data is stored securely in accordance with current technical standards and in compliance with the General Data Protection Regulation (GDPR) and applicable national laws.
Access to The French Golf Coach’s facilities is also secured.

10.2.7. Data Minimization
The French Golf Coach may collect and process any data voluntarily submitted by its Clients. Clients are encouraged to provide only the personal data necessary for fulfilling contractual obligations. The French Golf Coach commits to keeping and processing only the data strictly required for its professional activities and will promptly delete any unnecessary data.

10.3. Respect for Rights
Clients of The French Golf Coach have the following rights regarding their personal data. These rights can be exercised by writing to The French Golf Coach’s postal address or via the online contact form.

10.3.1. Right to Information, Access, and Communication of Data
Clients have the right to access their personal data. Due to confidentiality and security obligations, requests will only be processed if Clients provide proof of identity—either by submitting a scan of a valid ID (for online requests) or a signed photocopy (for written requests), both accompanied by the statement:
"I certify on my honor that this ID copy is a true likeness of the original. Done at [city] on [date]."
followed by their signature.

A sample letter provided by the French Data Protection Authority (CNIL) is available to assist Clients in this process.

10.3.2. Right to Rectification, Deletion, and the Right to Be Forgotten
Clients may request the rectification, update, blocking, or deletion of personal data that may be inaccurate, erroneous, incomplete, or outdated. They may also define general and specific directives on what should happen to their data after death. If applicable, the heirs may request appropriate updates or deletion. A sample letter is also available from CNIL for this purpose.

10.3.3. Right to Object to Data Processing
Clients may object to the processing of their personal data. A sample letter is available from CNIL to assist with this request.

10.3.4. Right to Data Portability
Clients have the right to receive the personal data they have provided to The French Golf Coach in a transferable, open, and readable format.

10.3.5. Right to Restriction of Processing
Clients have the right to request that the processing of their data be restricted. In such cases, their data may only be stored and no longer used by The French Golf Coach.

10.3.6. Response Time
The French Golf Coach commits to responding to any request for access, rectification, objection, or additional information within a reasonable period, not exceeding one month from the receipt of the request.

10.3.7. Complaint to the Competent Authority
If Clients believe that The French Golf Coach is not complying with its obligations regarding their personal data, they may file a complaint with the relevant authority. In France, this is the CNIL, which can be contacted here.

10.4. Transfer of Collected Data

10.4.1. Transfer to Partners
The French Golf Coach uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.

The French Golf Coach has previously ensured that its service providers implement appropriate safeguards and comply with strict confidentiality, usage, and data protection requirements.

The French Golf Coach uses the following subcontractors:

Partner	Destination Country	Processing Performed	Guarantees
Google Drive	United States	Data hosting	Google Privacy Policy
Learnybox	EU and outside the EU	Creation and hosting of online trainings	Learnybox Privacy Policy
ActiveCampaign	USA, Australia, Ireland, Brazil, Costa Rica	Marketing platform	ActiveCampaign Privacy Policy
Aweber	United States and Switzerland	Emailing solution	Aweber Privacy Policy
Gmail	United States	Email sending service	Gmail Privacy Frameworks
Fiducial	France	Accounting services	See contractual clause

10.4.2. Transfer upon Request or Judicial Decision
Clients also consent to The French Golf Coach disclosing collected data to any person upon request by a state authority or pursuant to a court order.

10.4.3. Transfer in Case of Merger or Acquisition
If The French Golf Coach is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or acquisition of all or part of its business by another company, Clients agree that the collected data may be transferred by The French Golf Coach to that company, and that said company may process the personal data as outlined in these General Terms of Service in place of The French Golf Coach.

ARTICLE 11. LIABILITY OF PHILEAS GOLF

11.1. Nature of Phileas Golf’s Obligations

11.1.1. Provision of Services
Phileas Golf undertakes to exercise due care and diligence in providing quality Services in accordance with the specifications of these General Terms and Conditions. Phileas Golf is bound only by a best-efforts obligation regarding the Services covered herein.

11.1.2. Training
Phileas Golf undertakes, under a best-efforts obligation, to make its best efforts to carry out the Training as defined in the order. Phileas Golf’s commitment is limited to the Trainings defined in the order. Any Training not expressly mentioned in the order shall be subject to a new order.
For in-person Trainings, the Client must attend at the location and time specified in advance by Phileas Golf. Phileas Golf shall not be held liable for any damage caused by Clients to the property or persons of other Clients.
Phileas Golf shall not be held liable in the event of injury to a Client who failed to follow the instructions given, or in case of loss or destruction of the Client’s personal belongings during a Training.

11.2. Force Majeure – Client’s Fault

Phileas Golf shall not be held liable in the event of force majeure or fault by the Client, as defined below:

11.2.1. Force Majeure
For the purposes of these General Terms and Conditions, any hindrance, limitation, or disruption of Services due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet provider, network breakdowns, facility collapses, unauthorized or fraudulent use of passwords or codes provided to the Client, hacking, security breach attributable to the hosting provider or developers, flooding, power failure, war, embargo, law, government demand or regulation, requisition, strike, boycott, or any other circumstance beyond Phileas Golf’s reasonable control shall be considered force majeure. In such cases, Phileas Golf shall be released from its obligations to the extent of the hindrance or disruption.

11.2.2. Client Fault
Any misuse of the Services, error, negligence, omission, or failure by the Client or their representatives, failure to follow Phileas Golf's instructions, disclosure or unauthorized use of login details, or provision of incorrect or outdated information shall constitute Client fault. Use of automated tools such as robots or automated queries that violate the spirit or letter of these General Terms and Conditions shall also be deemed a fault by the Client.

11.3. Technical Issues – Hyperlinks
In the event of inability to access the Website due to technical issues of any kind, the Client shall not be entitled to claim damages or any compensation.
The unavailability, even prolonged or without limitation in duration, of one or more online services shall not constitute harm and shall not give rise to any compensation from Phileas Golf.
Hyperlinks on the Website may lead to other websites. Phileas Golf shall not be liable if the content of such sites violates current legislation. Nor shall it be liable for any harm suffered by the Client or Internet User as a result of visiting such sites.

11.4. Damages Payable by Phileas Golf
Unless otherwise required by law, Phileas Golf's liability is limited to direct, personal, and certain damage suffered by the Client and directly related to the failure in question.
Phileas Golf shall not be held liable for indirect damages, including data loss, commercial losses, loss of orders, brand image damage, business disruptions, or loss of profits or customers.
In any case, Phileas Golf's liability for damages shall not exceed the price of the Training ordered.

11.5. Hyperlinks and Site Content
Website content is provided for information only, with no guarantee of accuracy. Phileas Golf shall not be held liable for any omission, inaccuracy, or error in this content that causes direct or indirect harm to the Client or Internet User.

11.6. Hosting Provider Liability
Data published on the Website by the Client, including comments, are the Client’s sole responsibility.
Phileas Golf acts as a hosting provider as defined by Article 6-I-2 of the French Law on Confidence in the Digital Economy (LCEN) of June 21, 2004.
Under paragraph 3 of the same article, Phileas Golf cannot be held civilly or criminally liable for such content unless it failed to act promptly upon becoming aware of unlawful activity or content to remove or disable access to it.

ARTICLE 12. CONFIDENTIALITY

The Parties agree to treat as confidential any information they may become aware of in the course of the Services under this Agreement concerning each other's business.
In particular, all information related to methods, know-how, training Content and Materials provided by Phileas Golf to the Client, as well as all documents (economic, technical, functional, organizational, etc.) and data provided to the Client, interviews attended by the Client, and any documents issued by Phileas Golf, unless otherwise stated, shall be deemed confidential.

Information already known by the Parties prior to their contractual relationship, proven in writing, or publicly available in a written document not resulting from a Party’s disclosure, shall not be considered confidential.

The Parties undertake to implement appropriate means to ensure the strictest confidentiality of such information and to require the same from their officers, employees, service providers, and contractors.

This confidentiality obligation is effective from the acceptance of these General Terms and Conditions and shall remain in force for 10 years.

ARTICLE 13. INTELLECTUAL PROPERTY

13.1. Protection of Training Content and Materials

13.1.1. Legal Protection
Training content and materials may be protected by copyright and database rights. Any full or partial representation, reproduction, translation, adaptation, or transformation without Phileas Golf’s or its rights holders’ consent constitutes an infringement under Books I and III of the French Intellectual Property Code and may result in legal proceedings.

13.1.2. Contractual Protection
The Client contractually agrees not to use, reproduce, or display the Training Materials, whether protected by intellectual property rights or not, for any purpose other than completing the Training provided by Phileas Golf.

13.2. Protection of Website Content

13.2.1. Legal Protection
Website content may be protected by copyright and database rights. Any full or partial representation, reproduction, translation, adaptation, or transformation without Phileas Golf’s or its rights holders’ consent constitutes an infringement and may result in legal proceedings.

13.2.2. Contractual Protection
The Client agrees not to use, reproduce, or display Website content, whether protected or not by intellectual property rights, for any purpose other than reading it via a browser or authorized indexing bots.
This does not apply to indexing bots solely scanning content for indexing purposes.

13.3. Access to Training Content and Materials

13.3.1. Ownership
Phileas Golf retains ownership of the rights to all Training Content and Materials made available to the Client.
This Agreement grants the Client no ownership rights, but only a non-transferable, personal user license.
The temporary provision of these materials does not constitute a transfer of intellectual property rights.

13.3.2. End-User License
Phileas Golf grants the Client a non-exclusive, worldwide license in all languages, strictly limited to:
– the right to use the Training Content and Materials solely for downloading and printing for personal use, excluding:
• reproduction for resale, distribution, redistribution, or publishing;
• public display or online broadcasting, even partial;
– the right to access the database and any related software remotely, excluding:
• any full or partial, temporary or permanent reproduction;
• public or online display, even partial;
• translation, adaptation, or integration with other applications.

The rights granted are personal, non-transferable, and limited to a single user for internal use only.
The Client may not assign, sublicense, or otherwise transfer these rights or obligations.

ARTICLE 14. FINAL PROVISIONS

14.1. Governing Law
These General Terms and Conditions are governed by French law.

14.2. Amendments to these General Terms and Conditions
Phileas Golf may modify these General Terms and Conditions at any time. The applicable Terms and Conditions for the Client are those in force on the date of the order. However, any modification of these General Terms and Conditions shall be deemed accepted and enforceable against the Client if the Client, having been informed of such modifications, does not expressly object to the new Terms and Conditions in writing within one (1) week of the notification of the modifications by Phileas Golf.

14.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any dispute arising from the execution of these General Terms and Conditions which cannot be resolved amicably shall be submitted to XXX: [Insert the URL of your mediation service].

Furthermore, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to or arising from these General Terms and Conditions shall be settled through arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.

14.4. Entire Agreement
The invalidity of one clause of these General Terms and Conditions shall not entail the invalidity of the other clauses or of the Terms and Conditions as a whole, which shall remain in full force and effect. In such a case, the Parties shall, to the extent possible, replace the nullified provision with a valid one that reflects the spirit and purpose of the original clause.

14.5. No Waiver
The failure of Phileas Golf to exercise any of its rights under these General Terms and Conditions shall not be construed as a waiver of such rights.

14.6. Telemarketing
The Client is informed of their right to register on the national do-not-call list at http://www.bloctel.gouv.fr/.

14.7. Language
These General Terms and Conditions are provided in French.

14.8. Unfair Terms
The provisions of these General Terms and Conditions are subject to the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.

ORDER CANCELLATION TERMS FOR DISTANCE SELLING TO A CLIENT

In the case of distance selling, as defined in Article L. 221-1 of the French Consumer Code, the Client has the right to withdraw from the order or purchase commitment within fourteen calendar days from the date of the order. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the next working day.

Any contract clause by which the client waives their right to cancel the order or purchase commitment is null and void. This article does not apply to contracts covered under Article L. 221-2.

If you wish to cancel your order, you may use the detachable cancellation form below.

ORDER CANCELLATION FORM

French Consumer Code Art. L. 221-5

Conditions:

Complete and sign this form
Send it by registered mail with return receipt
Use the address provided in Article 1
Send it no later than the fourteenth day from the order date or, if the deadline falls on a Saturday, Sunday or public holiday, the next working day.

I, the undersigned, hereby cancel the following order:

Description of goods or services ordered:
………………………………………………………………………………………………………………………………
Order date:
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Order receipt date:
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Client name:
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Client address:
………………………………………………………………………………………………………………………………

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Client signature: