Terms and conditions of use and sale
Preamble
MASHA CAPITAL LLC and International Ikigai Academyhereinafter also referred to as the Vendor, has developed a new learning methodology known as Neuro-Assimil, or NASS® for short, which can be used for all types of training, and which constitutes the main feature of its offer.The Marketplace service under the trade name Institut Pédagogique Neuro-Assimil, abbreviated IPNASS® (the "Marketplace"), as described in these terms and conditions and implemented by MASHA CAPITAL LLC on its website www.international-ikigai- academy.com (the "Website") is designed to bring together training applicants (the "Purchasers"), specially prepared trainers who have themselves been trained in the use of the learning method developed by MASHA CAPITAL LLC (the "Trainers"), and International Ikigai Academy, which offers training courses for sale at a fixed price defined on the site under the heading "Financial Conditions".The order for training presented on the Website is subject to acceptance by the Buyer and implies acceptance, without reservation, of all the General Terms and Conditions of Sale set out below.
These General Terms and Conditions of Sale are binding on the Buyer without regard to any special clauses added by the Buyer - unless expressly agreed otherwise by the Seller.The acceptance of the Buyer is materialized by the "validation click", as well as by the communication of its banking coordinates for the purposes of the payment of its order.
By doing so, the Buyer acknowledges that he/she has fully understood and agrees to all the conditions set out below.
If the Buyer does not make use of the legal right of withdrawal, he/she is irrevocably bound by the order form after having approved it electronically by means of the "validation click".Under these conditions, MASHA CAPITAL LLC and International Ikigai Academy invite customers who have logged on to its electronic mail order catalog to carefully read the Terms and Conditions below, before proceeding with any actual order for products appearing in this catalog.
Article 1. Purpose
These general terms and conditions (the "General Terms and Conditions") are intended to define the conditions of use of the Marketplace by Buyers and Trainers, and the conditions of sale of training courses. They can be consulted on the Website, and are accessible by clicking when payment for the order is accepted.MASHA CAPITAL LLC and International Ikigai Academy reserve the right to modify the Terms and Conditions at any time. However, these new Terms and Conditions will not apply to transactions in progress at the time of their entry into force and once they have been signed by the parties.
The contract drawn up in the event of an actual order within the framework and according to the conditions set out in these General Terms and Conditions of Sale is subject to the regulations governing distance selling, as they result in particular from the French Consumer Code, as well as the special provisions set out below.
Article 2. Identification of the offeror MASHA CAPITAL LLC and International Ikigai Academy is considered to be the seller of the training courses purchased via the Marketplace.
However, only the Trainer, whose identity is indicated on the Product Sheet, is responsible for the content of the training provided by him/her.
The author of the offer to sell is MASHA CAPITAL LLC - 1209 MOUNTAIN ROAD PL NE STE R - ALBUQUERQUE - New Mexico - 87110 - USA
Telephone: +33 01 75 43 43 85
E-mail address: contact@international-ikigai-academy.com
MASHA CAPITAL LLC and International Ikigai Academy
as bid manager, will be the contact person for Buyers (see contact details above).
Article 3. Essential characteristics of the services offered
3-1 : Access to the MARKETPLACE for Trainers :
MASHA CAPITAL LLC and International Ikigai Academyv offer training professionals the opportunity to teach using its pedagogical method.
MASHA CAPITAL LLC and International Ikigai Academy ensure, prior to the sale of a training course given by a Trainer, that his teaching method, his know-how and the content of his training course are perfectly compatible, as well as the potential and interest of the latter for the Buyers.
MASHA CAPITAL LLC and International Ikigai Academy are fully involved in the labeling process.
remains free in all circumstances to refuse the intervention of a Trainer for any reason whatsoever.
The commercial relationship between the Trainers and MASHA CAPITAL LLC and International Ikigai Academy is governed by a contract which specifies the commitments to which the Trainers are bound for the purposes of the sale by MASHA CAPITAL LLC and International Ikigai Academy of the Products on the Marketplace.
In the event that a referenced provider does not or no longer complies with one or more of the conditions specified in the aforementioned contract and more generally does not meet its contractual obligations, MASHA CAPITAL LLC and International Ikigai Academy reserve the right to depublish the training content and terminate the contractual relationship between them.
3-2: Purchase of Training
Product sheet
The Buyer can choose between different offers proposed by Le MASHA CAPITAL LLC and International Ikigai Academy.
Service offers are classified by theme and, if necessary, by level.
Each Product offered for sale through the Marketplace is described on a Product sheet (the "Product Sheet").
The Product Data Sheet contains the following information:
The name of the training course(s) with a link to the provider's details; Description of the course and its essential features ;
Price;
Availability of service;
Qualifying Training label, if applicable
Availability: the products presented on the MARKETPLACE and whose distance selling is governed by these Terms and Conditions of Sale are available as long as the training concerned appears as such on the Website without prejudice to the right of cancellation by MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY.
How to use :
the choice of a training course is the sole responsibility of the Buyer. Pre-requisites are mentioned for information purposes only, and the Buyer's ability to make the most of the training provided is at his or her own discretion. ̈
Training method :
The training courses we sell are delivered using an e-learning approach, and can be supplemented by physical training on a specific site, known as up-skilling ®.
Warranty:
All services are validated by the pedagogical committee and delivered in Nass format. MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY is the guarantor of the conformity of the services provided for in the contract resulting from the acquisition of Training by the Purchaser.
Article 4. Prices
The price is indicated for each of the Formations listed on the Website.
The price is set freely by MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY in compliance with applicable laws and regulations.
The price includes all taxes. The products sold are not subject to VAT in the case of training services.
The price guaranteed to the Buyer is that shown in the electronic catalog on the date of purchase, which is evidenced by the Buyer's acceptance of the offer under the conditions set out in article 6 below.
The price must be paid in full when the order is placed, subject to the withdrawal conditions set out in article 7 below.
MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY reserves the right to change the prices listed on its website at any time.
Article 5. Acceptance of the offer - Purchase of a service
5-1 : Creating an account - identification
Prior to any first order, the Buyer must open an account including the following information: Buyer's name
First name
Address
E-mail
Telephone (mobile and home)
At the end of the account opening procedure, a confidential account number will be assigned.
If this account number is lost or forgotten, the Buyer may use a special secure procedure to obtain a new access number.
Until a new access number is assigned, the Buyer will not be able to use his personal account.
5-2 Order registration and validation
It is possible to order Services via the Marketplace:
by telephone, at the following times: 9am-12pm and 2pm-6pm (Paris time), Monday to Friday
on the Website, in accordance with the following terms and conditions:
The Buyer adds the service(s) he wishes to purchase and track to his basket.
The Buyer checks the details of his order and the total price indicated.
The Buyer acknowledges the existence of an obligation to pay for the order and then validates the order;
The Buyer pays for the order; the order is then validated.
Article 6. Withdrawal and refund terms and conditions
By law (articles L.221-18 et seq. of the French Consumer Code), the Buyer has a period of 14 clear days, starting from the validation of his order, to exercise his right of withdrawal and thus cancel his order without having to justify his decision or pay any penalty.
This right of withdrawal will be formalized by sending to MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY by registered mail or e-mail the withdrawal form downloadable from the Website.
Once the Buyer has exercised his/her right of withdrawal within the given time limit, LE MASHA CAPITAL LLC ET INTERNATIONAL IKIGAI ACADEMY undertakes to reimburse the Buyer for all sums paid for the cancelled order.
However, the Buyer's attention is drawn to the fact that Article L.221-28 of the French Consumer Code stipulates :
"The right of withdrawal cannot be exercised for contracts :
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal."
As a result, the Buyer will be deemed to have definitively waived his/her right of withdrawal once he/she has continued his/her e-learning course beyond a given number of modules, enabling him/her to ensure that the course purchased meets his/her expectations. This waiver will be materialized by the Buyer's validation of the option "I am satisfied with my purchase and wish to continue the training by waiving my right of withdrawal" by electronically ticking the box provided for this purpose.
Article 7. Payment
The Buyer must pay by credit card (CARTE BLEUE, e-carte BLEUE, VISA, MASTERCARD, AMERICAN EXPRESS) or by Stripe account, the full amount of his order at the time of his acceptance of the seller's offer, under the conditions set out in article 6 above.
Payment by credit card is accepted up to 2000 euros. Beyond this amount, the Buyer will have to place a new order (if it is an order with several items). If the amount of a single item exceeds 2000 euros, payment by credit card must be authorized by MASHA CAPITAL LLC. The Buyer guarantees MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY, when validating the order form, that he/she is in good standing with the issuer of the payment card.
Validation by the Purchaser of the communication of his/her bank card number to the Vendor's address, provided for under the validation of the order form referred to in article 6 above, constitutes acceptance by the Purchaser of payment of the full price corresponding to his/her order.
The Buyer's order is only registered from the date on which full payment of the Buyer's order is received by the Seller.
In the event of irregular, incomplete or non-existent payment for any reason whatsoever, the seller reserves the right to block or cancel the order.
Article 8. Completion of Training - Validation
The practical details of how to carry out the ordered training are given in the "Product Sheet" for the training in question on the Website.
The Buyer undertakes to follow the entire training course in order to obtain from the Trainer, under the supervision of MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY, the Certificate of Completion, or even the Qualification when the training course has the Qualifying Training label. This label is mentioned on the Product Sheet.
Article 9. Warranties and after-sales service
In addition, the Buyer exonerates MASHA CAPITAL LLC and INTERNATIONAL IKIGAI ACADEMY from any liability that may arise in the performance of the service, particularly with regard to the content, its conformity with the offer for sale, and the ownership of intellectual property rights relating to this service.
MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY shall only be liable to the Buyer for events directly attributable to it.
MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY shall not be held liable in the event that the non-fulfillment of their obligations is due to: misuse of the Marketplace by the Buyer or the Buyer's own fault; unforeseeable and insurmountable act of a third party; or force majeure as defined by French case law.
Likewise, MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular an interruption or break in service, external intrusion or the presence of computer viruses.
In the event of a complaint, the Buyer may first contact the customer service department, whose contact details are given below.
By phone: Tel: +331 75 43 43 85, Monday to Friday, 9am to 12pm and 2pm to 6pm.
(Cost of a local call)By e-mail: contact@international-ikigai-academy.comIn writing: by sending a letter to MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY at the following address:
MASHA CAPITAL LLC ET INTERNATIONAL IKIGAI ACADEMY - Customer Service: 1209 MOUNTAIN ROAD PL NE STE R - ALBUQUERQUE - New Mexico - 87110 - USAA copy of the form should be sent by post to the following address: contact@international- ikigai-academy.comThe Buyer must justify having contacted customer service by e-mail the first time.
Article 10. Intellectual Property
All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright.
Thus, none of the documents from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except under the following conditions: it is possible to download a copy of the documents onto a computer for personal use and for non-commercial purposes only, provided that the information is not modified and all copyrights and other proprietary notices are kept intact. Modification of these documents or their use by Purchasers for any other purpose constitutes an infringement of the intellectual property rights of MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY and the Trainers.
Article 11: Proof, storage and archiving of transactions
The computerized registers, kept in the computer systems of MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY and its partners under reasonable conditions of
security, will be considered as proof of communications, orders and payments between the parties.
Purchase orders will be archived on a reliable and durable medium so as to correspond to a faithful and durable copy. In all cases, the online 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 corresponding to the seizure of the items appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out via the Marketplace. However, in the event of fraudulent use of his credit card, the Buyer is invited, as soon as this use is noticed, to contact the Customer Service of MASHA CAPITAL LLC AND INTERNATIONAL IKIGAI ACADEMY by calling Tel: +33 1 75 43 43 85, Monday to Friday from 9am to 12pm and from 2pm to 6pm.
Article 12 - Illegal or contentious content
LE MASHA CAPITAL LLC ET INTERNATIONAL IKIGAI ACADEMY reserves the right to remove any illegal information or content from the Website. Purchasers are invited to notify LE MASHA CAPITAL LLC ET INTERNATIONAL IKIGAI ACADEMY of any type of illicit or litigious information or content by contacting MASHA CAPITAL LLC ET INTERNATIONAL IKIGAI ACADEMY Customer Service.
Article 13 - Completeness
Should any of the clauses of these General Terms and Conditions become null and void as a result of a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with the other provisions making up these General Terms and Conditions.
Article 14 - Personal data - Cookies - Newsletter - Legal information
By consulting the Website and placing orders thereon, the Buyer expressly declares that he/she has read and accepted the information and obligations contained in the "Your personal information", "Cookies" and "Legal information" links accessible on the Website.
Article 15 - Applicable law
These General Terms and Conditions of Sale and the resulting sales contracts are governed by the laws of the State of New Mexico.
Article 16 - Settlement of disputes
In the event of a dispute, the Buyer shall first contact the Seller in order to reach an amicable solution. It is however specified that the search for an amicable solution does not interrupt the time limits to act in guarantee.
The fact that the Seller does not avail itself of a breach of any of the obligations incumbent upon the Buyer, governed by these General Terms and Conditions of Sale, shall not be construed as a waiver for the future of the obligation in question, nor of the Buyer's right to avail itself of such breach at a later date.