Legal notice and general terms and conditions of use of the Website

1. Legal Notice
In accordance with the obligations set forth in French Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy (known as the "LCEN" Law), we are required to inform you of the following legal notice.
Continuing to browse this website constitutes unreserved acceptance of the following terms and conditions of use.
1.1 The Website: www.phgcoaching.fr / www.phgcoaching.com
The website owner (hereinafter referred to as the "Publisher") is:
Publisher: Philippe Gallardo, Sole Proprietorship
SIREN Number: 981141336
Address: 9 rue des colonnes, 75002, Paris 2 - France
Email: phgcoaching@gmail.com
Publication Director: Philippe Gallardo
Mediator:
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation system. The designated mediation entity is:
CNPM MEDIATION CONSOMMATION
In the event of a dispute, you can submit your complaint by mail to:
CNPM MEDIATION CONSOMMATION
Centre d’Affaires Stéphanois SAS
L’HORIZON BUILDING – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
If you notice an error or a broken link on this website, please contact us.
1.2 Design and development: L. Fournier
1.3 Hosting: Wix
1.4 Photo credits:
Portraits: @ateliernespoulous
Royalty-free photos: Unsplash/Pixabay
2. General Terms and Conditions of Use
The purpose of these General Terms and Conditions of Use (GTCU) is to define the conditions under which the User may benefit from the Service provided by the Website.
These GTCU’s are translated in English, from the original text in French: Mentions légales et Conditions générales d’utilisation du Site, only for the convenience of the non-french speaking users.
The original text in French being the reference as regard to the law in case of dispute. The French language version will have precedence and control.
Article 1 - Access to the Website
The use of the Website implies full and complete acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the site are invited to consult them regularly.
This Website is normally accessible to users at any time. However, a temporary interruption due to technical maintenance may be decided.
The Website is updated regularly. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
Access to the Website is reserved for adults.
Access to and use of the Website are reserved for strictly personal use. You agree not to use this Website and the information or data contained therein for commercial, political, advertising or any form of commercial solicitation and in particular the sending of unsolicited e-mails.
Article 2 - Scope of application
These General Terms and Conditions of Use are in force from 06/12/2024.
They are applicable to any use of the Website by the User. These terms and conditions are subject to French law: any foreign User expressly accepts the application of French law by using the Service.
In the event that a particular contractual clause is void, illegal, or unenforceable, the validity of the other provisions of the General Terms and Conditions shall not be affected in any way.
Article 3 - Functionalities
The User accesses the Service via the Website: www.phgcoaching.fr or www.phgcoaching.com managed by the Website Publisher.
On the Website, the User may:
- Find out about the professional coaching services offered
- Contact the professional coach using the email address provided.
Article 4 - Conditions of access to the service
The Service is open to everyone, but its use is subject to the following conditions:
- Be of legal age;
- Acknowledge that you have read and understood all of these General Terms and Conditions of Use, and accept them without restriction or reservations;
- Consent to the collection and processing of personal data in order to ensure the proper functioning of the Service, in strict compliance with our Data Privacy Policy and the personal data protection rules in force.
Article 5 - Rules of good conduct on the Website
Access to the Service implies that the User undertakes to comply with a charter of good conduct.
The use of the Service is subject to acceptance and strict compliance with the rules below:
- The User undertakes to ensure that his username and password are kept confidential in order to protect the personal data he or she provides;
- The User undertakes to use the Service only for personal purposes: the Service may not be used in any way for commercial or profit-making purposes, and in particular may not be used in any way to collect commercial information;
- The User undertakes not to access and use the Website or the Service provided by the owner of the Website for illicit purposes or with the aim of causing him, or the professionals who represent him, damage or more generally infringing their rights, in particular intellectual property rights;
- The User undertakes not to use devices or software other than those provided on the Site in order to affect or attempt to affect the proper functioning of the Website or the Service or to extract or modify all or part of the Website;
- The User undertakes not to copy all or part of the content present on the Website on any medium whatsoever without written authorisation from the owner of the Site;
- In general, the User undertakes to access and use the Website and the Services in good faith, in a reasonable manner, not contrary to the terms of this Charter and for strictly personal use and for non-profit purposes.
In the event of a breach of any of these commitments, and without this list being exhaustive, the User acknowledges and accepts that the owner of the Website will have the right to refuse him/her, unilaterally and without prior notice, access to all or part of the Website.
Article 6 - Content of the Website and intellectual property
All trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, as well as all computer applications that may be used to operate the Website and more generally all elements reproduced or used on the Website are protected by the laws in force with respect to intellectual property, including in particular Article L.122-4 of the Intellectual Property Code.
They are the full and complete property of the Publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited.
Any unauthorised use of the Website or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
Article 7 - Management of the Website
For the proper management of the Website, the Publisher may, at any time:
- Suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website, to a specific category of Internet users;
- Delete any information that may disrupt its operation or contravene national or international laws;
- Suspend the Website in order to make updates.
Article 8 - Liability
The Website is in principle accessible to users 24 hours a day, 7 days a week, except for interruptions, scheduled or not, for maintenance purposes or in the event of force majeure. In the event that access to the service is impossible, the Website publisher undertakes to take all necessary measures to restore access to the service and will then endeavour to communicate to users in advance the dates and times of the intervention.
However, the Publisher cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Website or one of its features.
The equipment you use to connect to the Website is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, especially from virus attacks via the Internet. You are also solely responsible for the websites and data you visit.
The Publisher cannot be held responsible in the event of legal proceedings against you:
- as a result of the use of the Website or any service accessible via the Internet;
- as a result of your failure to comply with these terms and conditions.
The Publisher is not liable for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Website and you waive any action against it as a result.
If the Publisher were to be the subject of amicable or legal proceedings due to your use of the Website, it may turn against you to obtain compensation for all damages, sums, convictions and costs that may result from this procedure.
The User acknowledges that the information and advice contained on the Website cannot replace the advice and consultations of a qualified professional in medical, paramedical or other regulated professions.
Article 9 – Management of personal data
In France, personal data is protected by French Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995 and more recently Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the protection of the protection of natural persons with regard to the processing of personal data. (commonly referred to as the "General Data Protection Regulation – GDPR").
The Publisher undertakes to protect all of the User's personal data, which data is collected and processed with the strictest confidentiality, in accordance with the provisions of the aforementioned laws and regulations.
The Publisher undertakes to take all necessary measures to guarantee the security and confidentiality of the personal data provided by the Users of the Website.
No personal information of the User of the Website is published without the User's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties.
For more information, see our Privacy Policy
Article 10 - Hypertext links
The www.phgcoaching.fr (or www.phgcoaching.com) Website may contain a certain number of hypertext links to other sites (partners, information, etc.) set up with the permission of the publisher. However, the publisher does not have the possibility to check all the content of the websites visited in this way and therefore declines any responsibility for the possible risks of illegal content.
The setting up by the user of the Website of any hypertext links to all or part of the Site is strictly prohibited, except with the prior written authorisation of the publisher, requested by email at the following address: phgcoaching@gmail.com.
The publisher is free to refuse this authorisation without having to justify his decision in any way whatsoever. In the event that the publisher grants its authorisation, it is in any case only temporary and may be withdrawn at any time, without any obligation to justify it on the part of the publisher.
In any case, any link must be removed at the publisher's request.
Any information accessible via a link to other websites is not under the control of the Publisher, which declines all responsibility for their content.
Article 11 - Cookie management policy
In order to facilitate access to the Service, the Company uses cookies on its Website. Cookies are text files, often encrypted, stored in your smartphone or browser. They are created when your smartphone, tablet or computer loads an app or website: the app or site sends information to your smartphone or browser, which then creates a text file.
These elements make it possible to record information about the pages he has visited, their date and time of consultation.
Every time you return to the same app or website, your smartphone or browser retrieves that file and sends it to it.
The Website may automatically collect standard information. Any information collected indirectly will only be used to track the volume, type and pattern of traffic using this Website, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.
At no time do these cookies allow the Company to personally identify the User. The period of storage of these cookies on the User's computer does not exceed one (1) month. However, the User is informed that he or she has the right to oppose the recording of these cookies, in particular by configuring his or her Internet browser to do so.
You acknowledge that you have been informed that the Publisher may use cookies. If you do not want cookies to be used on your device, most browsers allow you to disable cookies through the settings options. You can object to the deposit of cookies by configuring your browser or smartphone. However, such a refusal may prevent the proper functioning of the Website.
We use technical cookies throughout your browsing experience, in order to facilitate it and to perform certain functions.
We also use social media cookies that may be created by social platforms to allow web designers to share their content on those platforms. These cookies are only placed if you give your consent.
You can find out about their nature, accept or reject them. We also invite you to consult the privacy policies of the social platforms that originated these cookies.
We may use advertising cookies, which can be created not only by the website you are browsing, but also by other websites that display advertisements, ads, widgets or other elements on the page displayed. These cookies are only placed if you give your consent. You can find out about their nature, accept or reject them.
We use Google Analytics, which is a statistical audience analysis tool that generates a cookie to measure the number of visits to our Website, the number of pages viewed and user activity. Your IP address is also collected to determine the city you are connecting from.
Article 12 - Applicable law
In the event of a dispute, the parties will seek an amicable solution before any legal action. In the event of failure of these attempts, any challenges to the validity, interpretation and/or execution of the T&Cs must be brought, even in the event of multiple defendants or third party claims, before the French courts.
These terms of use of the Website are governed by French law, subject to a specific attribution of jurisdiction resulting from a particular law or regulation.
Article 13 - Contact
If you have any questions or information about the products and services presented on the Site, or about the Site itself, you can contact us at the following address: phgcoaching@gmail.com
