CGU-CGV
Terms and Conditions of Use and Sale
Last Update: October 2024
TERMS OF USE
Publisher
Mélanie VELUIRE
Address: C/O Foound Rue Jean-Gutenberg 2, 1201 Geneva
Email: coucou.nasama@gmail.com
Publication Director
Ms. Mélanie Veluire, reachable at the same contact details as the Publisher.
Host
Wix Online Platform Limited - 1 Grant’s Row, Dublin 2 D02HX96, Ireland.
Phone: Please click here.
Intellectual Property
Subject to the rights of its partners, the content of the site is the exclusive property of the Publisher and is protected by French and international intellectual property laws. This ownership right includes, where applicable, the databases present on the site, which are protected under the sui generis right of database producers.
The elements of the site, whether taken as a whole or individually, may not be used, transformed, translated, adapted, reproduced, or exploited, in whole or in part, without the express authorization of the Publisher, under penalty of prosecution. This means that site users cannot download or copy-paste these contents unless expressly authorized by law or the Publisher.
Hypertext Links
The site may direct the user via hypertext links to other websites belonging to the same Publisher or third parties. It is the user's responsibility to review the legal notices of these sites and comply with their terms of use.
The Publisher cannot, under any circumstances, be held responsible for the information disseminated on websites to which hypertext links present on its site refer, as well as for any damages of any kind resulting from accessing them.
If someone directs their users to this website, the Publisher reserves the right to request the removal of the hypertext link pointing to this site if it deems that the link is not in line with its rights and legitimate interests.
Privacy Policy
DEFINITIONS
Capitalized terms refer to the following definitions:
The "Company" or "we" refers to Ms. Mélanie Veluire operating as a sole proprietor, with its headquarters located at C/O Foound Rue Jean-Gutenberg 2, 1201 Geneva.
The "Site" refers to the website(s) accessible from the URLs www.nasama.ch and www.nasama.fr, including any sub-sites providing content consultation areas, client spaces, etc., offered by the Company.
"You" refers to the individuals affected by the processing carried out on the Site (users, prospects, customers, etc.).
The "Policy" refers to this Privacy Policy.
"Data" means any information concerning an identified or identifiable natural person (the "data subject") directly or indirectly, particularly by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to their identity.
"Processing" refers to any operation applied to Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, erasure, etc.).
A "Data Controller" is the one who, alone or jointly with others, determines the purposes and means of processing, while a "Processor" processes Data on behalf of the Data Controller. On the Site, unless otherwise stated, we are the Data Controller.
A "Recipient" is a natural or legal person, public authority, service, or other entity that receives communication of personal data, whether or not they are a third party.
The "Regulation" refers to Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, concerning the protection of natural persons with regard to personal data processing and the free movement of such data (GDPR); French Law No. 78-17 of January 6, 1978, on Data Protection; applicable rules on commercial prospecting under the Postal and Telecommunications Code; and, more broadly, the applicable laws and regulations governing Data Processing that we carry out.
SHOWCASE SITE AND COMMERCIAL PROSPECTING
The Site presents the activities of our Company and various forms (contact, newsletter subscription, etc.). By filling out these forms and communicating with us via the Site, you provide us with the following categories of information:
Identity Data: title/gender; last name; first name; optionally, we may request your date of birth to offer birthday promotions.
Contact and Correspondence Data: email address; postal address (street, postal code, city); phone number; in case of a contact request via a form, the nature and content of your request.
Reviews and Contributions Data: username, date of review, review content, product or service concerned, and, if applicable, profile photo linked to the review; the Company may enrich its Site by collecting and republishing reviews and contributions related to its offers from its customers on other sites (including social networks) when these contributions are publicly accessible.
Data required for loyalty actions, prospecting, research, surveys, product testing, and promotion.
Data related to the organization and processing of contests, lotteries, and any promotional operations.
Data collected through the exercise of rights established by the Regulation.
According to our legitimate interest and, when necessary, for the execution of pre-contractual measures taken at your request or a contract, we process the aforementioned Data for the following purposes:
Presentation of the Company's products and services.
Management, processing, and tracking of requests and interactions with the Company via the Site (if applicable, by offering you a chatbot, a call booking tool, etc.).
Management of relationships with prospects.
Management of customer reviews on products, services, or content offered by the Company.
Prospecting and/or sending information, managing technical prospecting operations, selecting individuals for loyalty actions, prospecting, research, product testing.
Organization of contests, lotteries, or any promotional operation on the Site.
Data used for managing commercial prospecting is retained for a maximum of three years from the last active contact from the prospect or customer and earlier in case of withdrawal of your consent to receive messages from us. Reviews and contributions data are retained for as long as the review remains publicly accessible on the Site.
In accordance with our legal obligations, identity and contact data will also be processed for the following purposes:
Updating our prospecting files by the organization responsible for managing the opposition list to telephone solicitation, in accordance with consumer code provisions.
Managing requests for access, rectification, and opposition, and more generally, rights described in the Policy.
DATA PROCESSING
The information collected undergoes computer processing and is necessary for transaction management and the proper execution of the order process on the website www.nasama.fr. The sole recipient of the data is the Site.
The user has the right to access and rectify personal data concerning them, under the conditions provided for in Articles 38, 39, and 40 of Law No. 78-17 of January 6, 1978, as amended in 2004, relating to data protection and individual freedoms.
To exercise your right of access, modification, and deletion, please contact: coucou.nasama@gmail.com.
Furthermore, by browsing the site, the user also agrees to the possible installation of cookies.
GENERAL TERMS
Mandatory or Optional Nature. On the Site, you are informed of the mandatory nature of responses by the presence of an asterisk or another type of notation. In the case of an incomplete request (for example, registration or online order, information request, etc.), the Company reserves the right to request additional information or to technically prevent the validation of the concerned form.
Hypertext Links. The Site may provide links to other websites, applications, and services operated by third-party companies. We are not responsible for the processing of personal data carried out by these third-party sites or by sites that link to the Site. Users are encouraged to consult the privacy policies of these third-party sites for more information. The Policy applies solely to the Company's activities, and we cannot be held responsible for a third party’s failure to comply with its obligations regarding personal data protection.
Language. The Policy is written in French. If translated into one or more languages, only the French version shall prevail in the event of a dispute.
No Waiver. Temporary or permanent non-application of one or more clauses of this Policy shall not constitute a waiver of its other clauses, which will continue to apply.
Modifications – Updates. We reserve the right to modify this privacy policy. Individuals concerned will be notified if required by applicable regulations. The update date is indicated in the header, and we invite you to consult it regularly.
TERMS OF SALE
Booking a workshop implies full acceptance of these Terms and Conditions, except for specific conditions agreed upon in writing between the Company and the Client.
DEFINITIONS
Capitalized terms refer to the following definitions:
The "Company" or "we" refers to Ms. Mélanie Veluire operating as a sole proprietor, with its headquarters located at C/O Foound Rue Jean-Gutenberg 2, 1201 Geneva.
The "Site" refers to the website(s) accessible from the URLs www.nasama.ch and www.nasama.fr, as well as any sites published by the Company to present and sell its Services.
The "User" refers to any person browsing the Site.
The "Service" refers to all free or paid services offered by the Company and its Partners.
The "Order" refers to any subscription to a Service by the Client through the Site.
The "Client" refers to any natural or legal person, whether professional or not, subscribing to a Service with the Company.
The "General Terms and Conditions of Sale" or "T&Cs" refer to these terms and conditions governing the contractual relationship between the Company and its Clients, including the privacy policy available on the Site and any referenced elements.
The "Credentials" refer to the username and password provided by the Company to the Client, allowing them to access the subscribed Service via the Site or another connection method.
The "Partner" refers to any professional partner with whom the Company has a business relationship in connection with the provision of the Service and to whom the Client may be referred.
The "Workshop" refers to any interactive training session, conducted in person or broadcast live online, whose content is presented on the Site.
ORDERING
Any order placed by the Client is final and binding. No order modification will be allowed unless mutually agreed upon based on additional requested services. Workshop bookings can be made online, by phone, email, or through social media.
PRICING AND PAYMENT
The sales prices of the Services are those in effect at the time of the order. Prices are expressed in Euros (€) or Swiss Francs (CHF). Mélanie Veluire is not subject to VAT.
We reserve the right to change our prices without notice. Some Workshops may be subject to exceptional discounts (promotional offers). We reserve the right to modify or withdraw discounts at any time. However, we commit to charging for the ordered services at the prices indicated at the time of booking. Orders that have already been paid for will not be subject to price changes.
Any service will only be provided upon receipt of full payment in advance.
In the event of a payment issue, we reserve the right to cancel any ongoing order.
Accepted payment methods: Bank Transfer and Credit Card.
SERVICE PROCEDURE
On the day of the service, the scheduled time is mandatory. Any delay by the Client will be deducted from the previously agreed duration of the service.
In case of a delay by the Client for a Workshop:
We allow a grace period of 5 minutes for the Client's delay. Beyond 5 minutes, we reserve the right to cancel the session or start it with the other participants.
If the Client is late, the session duration will be reduced by the length of the delay.
If the Client is absent from a workshop, the session will not be rescheduled.
SERVICE DELIVERY
The Services ordered by the Client take place at the Espace Parentalité du Pays de Gex or at a location agreed upon by both parties.
For home services beyond the first 15 kilometers, mileage fees apply (see mileage fee schedule).
CANCELLATION
In case of cancellation by the Client, the balance paid to the Company remains non-refundable, except in cases of force majeure. No cancellations will be accepted for Workshops that have already started.
We reserve the right to cancel the order in cases of force majeure, including illness, accident, pregnancy, death, fire, or flooding affecting the premises and equipment. The Company commits to notifying the Client of its inability to perform the service as soon as possible.
FORCE MAJEURE
A force majeure event is considered an external, unforeseeable event that makes it impossible to carry out the service (such as an accident). Either party may invoke this right as long as the force majeure event is clearly established.
In this regard, we reserve the right to cancel a service. Such a cancellation will not result in liability for us or in any compensation for damages of any kind.
Both the Company and the Client commit to informing the other party as soon as possible by phone, with written confirmation via email. A new date will be scheduled by mutual agreement at no additional cost for an identical service.
MODIFICATION AND/OR POSTPONEMENT
Any request for modification (date, location, postponement, etc.) by the Client must be made at least 72 hours before the scheduled service date, except in cases of force majeure.
However, the postponed service must take place within one month of the originally scheduled date, depending on the provider’s availability.
In case of postponement, we cannot be held responsible for the non-fulfillment of certain session-specific aspects.
RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code (Article L221-28), the User does not have a right of withdrawal, as this concerns a contract for leisure activities that must be provided on a specific date.
LIMITATION OF LIABILITY
The Company is only bound by an obligation of means and cannot be held responsible for any direct or indirect damage caused by access to its services.
The Services relate to parenting support and are in no way intended to replace medical consultations or follow-up care.
GIFT CARDS
The gift card functions as a credit: the User selects an amount to offer the Beneficiary, allowing them to freely choose the Workshop they wish to attend, within the available credit limit. The credit can be used in multiple transactions or supplemented by the Beneficiary for a Workshop with a higher cost.
Gift card requests can be made via email or phone.
Gift cards are sent by email to the User once payment has been received. This option incurs no additional fees. Physical gift cards are also available for collection at the Espace Parentalité.
Gift vouchers can only be used with Nasama. To redeem a gift card, the Beneficiary must contact us via email or, if available, enter the promotional code from the gift voucher during booking.
The expiration date of the gift card is indicated on the card. No extensions or postponements will be accepted.
DATA MANAGEMENT AND PROTECTION
Personal information collected on the site is used solely for the site's operational needs (contact, client information, bookings, payments, newsletters, etc.). We process User data directly and commit to never sharing it in any way.
Each User has the right to access, rectify, transfer, and withdraw their consent regarding their data. These rights can be exercised at any time via email or postal mail.
Additionally, by browsing the site, the User agrees to the possible installation of cookies.
APPLICABLE LAW
All Services provided by the Company are subject to French law. The parties agree to first seek mediation before pursuing legal action. For disputes related to the application of these General Terms and Conditions of Sale (GTC) or services rendered by the provider, the case will be handled by the competent commercial court.
The GTC, as well as all purchase and sale transactions mentioned therein, are governed by French law and written in French. If translated into one or more languages, the French version shall prevail in case of a dispute.
The invalidity of a contractual clause does not affect the validity of the GTC. Any temporary or permanent non-enforcement of one or more clauses by the Company shall not be considered as a waiver of the other clauses, which will remain in effect.
The Client agrees that the Company may transfer this contract to its affiliates or a purchaser without prior consent.
INTELLECTUAL PROPERTY
The Company or its Partners hold all intellectual property rights related to the Site and the Service. These rights cover, but are not limited to, all content, text, images, videos, graphics, logos, icons, sounds, and software present on the Site or used as tools and materials provided within the Service.
Access to the Site and the Service does not grant the User or Client any intellectual property rights over the Site and the Service, which remain the exclusive property of the Company or its Partners.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, or exploit, in any way, all or part of the Site and the Service without the prior written authorization of the Company or its Partners.
Unauthorized use of any part of the Site or Service may result in appropriate actions, including suspension of access to the Service or legal action for infringement.
In exchange for payment at the time of purchase, the content, techniques, know-how, and methods provided within the Service are granted under a strictly personal, non-transferable, and non-exclusive right of use, valid only for the duration of the selected Service contract.
The Client is strictly prohibited from using or exploiting the Service on behalf of others, including colleagues or family members. The Client shall be held liable for any unauthorized sharing or disclosure of the Service content or login credentials. The Client is also responsible for ensuring that their personnel comply with the Company’s or its Partners' intellectual property rights.
All distinctive signs used by the Company are protected by law. Unauthorized use of these signs may lead to legal action. The Company reserves the right to terminate the Client’s access to the Service in case of intellectual property violations, without prejudice to any penalties or damages.
CLIENT REFERENCES AND COMMUNICATION
Clients may be contacted by the Company to be featured as beneficiaries of the Service. With the Client’s consent, the Company may be authorized to mention the Client’s name, their feedback on the Service, and an objective description of the Service provided. This information may be included in reference lists, promotional materials, the Company’s website, communications with prospects, discussions with third parties, internal communications, or as required by legal, regulatory, or accounting obligations.
Authorization for Use. When a Client submits written testimonials, videos, and/or photographs to the Company as feedback or testimonial content regarding the Service, or if they post comments about the Company (e.g., on social media) that include their username and profile picture, they grant the Company permission to use this content for promotional purposes.
If the content is protected by image rights and/or copyright, the Client grants the Company the right to adapt and reproduce the material on all media, such as commercial references and customer testimonials. For example, the Company may take screenshots of social media posts about the Service and display them as testimonials on its website.
The Client acknowledges that they have received full compensation for their rights and shall not claim any remuneration for the use of the content mentioned above. These rights are granted for the Client's lifetime plus 70 years and apply worldwide. The Company may also request additional authorization for specific cases or special projects.
Event Recordings. The above provisions also apply to videos and photographs taken during any events (public, client-only, webinars, workshops, etc.) organized or co-organized by the Company. Event footage may be recorded and published by the Company, including on social media, as highlights, free replays, or paid content.
If a Client does not wish to appear in these materials, they are advised to stay in the background, avoid group photos, or signal the photographer/videographer. In virtual events, Clients can use a pseudonym and keep their camera off to avoid appearing in screenshots. Professional Clients must inform their trainees or seminar participants of the recording conditions.
CHANGES TO TERMS AND CONDITIONS
The Company reserves the right to modify these General Terms and Conditions (GTC) at any time, without prior notice, to reflect updates to the Site, its operations, or the Service's features. The applicable terms are those accepted by the Client and provided to them in durable format for remote transactions.
Changes to the GTC do not apply retroactively to Services already purchased, except for updates related to the Service's technical development, provided these changes do not result in a price increase or a degradation of quality or essential features that influenced the Client's decision to purchase.
Clients may be asked to accept the updated GTC. If they refuse, the last accepted version will continue to apply until the Service is fully delivered. If the Company can no longer provide the Service under previous conditions, the Client may request termination and a refund. In such cases, the Company may deduct an amount corresponding to the Service already provided, in accordance with legal provisions.