Terms and Conditions for the myexportcoach.fr application
1. PURPOSE
The purpose of these Terms and Conditions (hereinafter the “T&Cs”) is to define the conditions under which users, as defined in Article 2 hereof, can access and use the myexportcoach application designed by Garuda. The myexportcoach application aims to match a personality profile to a country’s culture.
2. TERMS AND CONDITIONS ACCEPTANCE
2.1. All Users must read and expressly accept the T&Cs before they can navigate the myexportcoach application.
2.2. Garuda reserves the right to make any changes to these Terms that it deems necessary and useful.
3. ACCESS TO MYEXPORTCOACH AND ACCOUNT CREATION
3.1. To register on the myexportcoach application, Users must fill in their first name, last name, company and email.
3.2. Upon receipt of the registration confirmation email from the myexportcoach application, the User will receive an automatically generated password, to connect to their personal cultural space once they have filled in their email and said password. The User will then have to create a personalized password. If the password is forgotten, the User can request it from Garuda’s support by going to the «Forgot password» tab and entering the registered email address. A new, automatically generated password will then be sent by email, which will then need to be personalized.
3.3. For all Users, emails and passwords are personal, non-transferable and confidential.
3.4. Once registration has been completed, the User will be able to complete their cultural profile (via a questionnaire) in order to get a personality profile. It will then be “put into perspective” and graphically overlaid with the culture of the target country as well as indicate any gaps where there are significant risks of misunderstanding. Answers to correct these discrepancies will be suggested automatically.
3.5. The User commits to make use of the service which is not likely to be prejudicial to third parties, contrary to good morals or to public order. The User has the obligation to notify Garuda (contact@goulvestre.com), without delay, if the confidentiality of their email and/or password has been at all compromised, or of any use by a third party, to their knowledge.
3.6. The myexportcoach application is accessible under the conditions defined herein. However, Garuda reserves the right, without notice or compensation, to temporarily or permanently close access to myexportcoach to make any updates, modifications or changes to the operational methods, without this list being limited.
4. USE OF MYEXPORTCOACH
4.1. Users have the option to collaborate in improving the myexportcoach application, by leaving comments in the “Share my experience” tab.
4.2. Users acknowledge that their potential contributions are deemed to be non-confidential and copyright free. Users hereby expressly authorize Garuda to use the ideas, concepts, know-how or techniques contained in Users' contributions as well as to reproduce and disclose, without restriction, any information to third parties. Please note that said contributions from Users will only show the country, the first name and the author’s photo. They will be treated anonymously unless the author indicates their contact details in the body of the text that they wrote.
5. RESPONSIBILITES
5.1. The User agrees to use myexportcoach only under the conditions defined in these Terms. In the event of a breach of this Agreement, the User agrees to indemnify and hold harmless Garuda and/or any person who has suffered injury from any and all harmful consequences that may result. The User commits to not to interfere with the use of myexportcoach and to not commit any act that may jeopardize the IT security of Garuda or other Users. The User is responsible for their email and password, which are confidential. Garuda’s liability cannot be sought in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure of the username and password to anyone. Unless Garuda’s fault and proven negligence breaches the confidentiality of a User’s personal data, resulting from access to myexportcoach by a third party via its username and password, Garuda’s liability shall not be incurred (well founded fer. point 5.3 hereof). Garuda shall not be liable for any disruption of the use of myexportcoach. Garuda shall not be liable for the inability to use myexportcoach, the content of the myexportcoach application, nor for breaches of IT security that may cause damage to the Users' IT equipment and their data. The myexportcoach application is a reflection aid application, to better understand and integrate with other cultures and as such, Garuda cannot be held responsible for any pecuniary consequences in the failure to realize of a case.
5.2. All Users are responsible for the information they communicate on myexportcoach.
5.3. Emails and passwords are personal and confidential. Each User is responsible for the retention of this information and Garuda cannot be held responsible for any unauthorized use of these emails and passwords.
6. INTELLECTUAL PROPERTY
6.1. All visuals, trademarks, logos and other documents appearing on myexportcoach, as well as the domain name, are the property of Garuda or are the subject of an operating authorization granted to Garuda. They are protected by the provisions of the Intellectual Property Code.
6.2. Thus, since this list is not limiting, it is strictly prohibited for Users to engage in the reproduction and use of any visual, brand, logo, domain name or documentation contained in myexportcoach, without the prior written consent of Garuda.
6.3. The User who transmits information and documents on myexportcoach guarantees Garuda against any claim by third parties on the visuals, trademarks, logos and other elements subject to intellectual property protection.
7. SECURITY
Any fraudulent access to my export coach is prohibited and penalized. Garuda makes its best efforts, in accordance with the rules of the art, to ensure myexportcoach is secure. Given the complexity of the Internet, Garuda cannot guarantee absolute security. Users declare that they accept the characteristics and limitations of the Internet. They acknowledge that they have knowledge of the nature of the Internet network, and particularly, of its technical performance and response times for accessing, querying or transferring information. Any User must notify Garuda, in writing, of any failure of myexportcoach via contact@goulvestre.com. The User agrees to take all appropriate measures to protect their own data and/or software from possible virus contamination on the Internet network.
8. PERSONAL DATA
8.1. Garuda, responsible for processing, implements the processing of personal data, for access management and traceability of myexportcoach in compliance with intellectual property rights. The collected data relating to identification and contact details is essential to this management.
8.2. Under no circumstances will GARUDA disclose it to third parties for advertising or promotional purposes. Garuda may contact Users to improve their profile through specific advice or for personal or multiple training if necessary.
8.3. Pursuant to the French Data Protection Act of 6 January 1978, all Users have the right to query, access, rectify and object for legitimate reasons in respect of all data concerning them, which are practiced by Garuda by email at contact@goulvestre.com.
9. RESOLUTION AND TERMINATION
Without prejudice to any other right and action, in case of breach of the obligations hereunder or in case of breach by a User, Garuda reserves the right to suspend or block access to myexportcoach and close the account if necessary.
10. LITIGATION
These T&Cs are governed by French law. In the event of a disagreement between Garuda and the User regarding the interpretation and/or execution of the T&Cs, they will attempt, as much as possible, to find an amicable solution or to call for mediation. Disputes which cannot be settled amicably shall be brought before the competent Tribunal of Paris.
11. GOOD FAITH
Users agree to perform their obligations in good faith.
12. NULLITY
If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to any law, regulation or as a result of a decision rendered res judicata by a competent court, the other stipulations will retain their full force and scope.