General Terms and Conditions of Use

 

Introduction

Your agreement is with Hersovyac, the owner and webmaster (the « Webmaster ») of the website www.hersovyac.com (the  « Website »). The Webmaster strongly advises you (« The Visitor ») to read these terms and conditions of use very carefully before you browse or use the Website in any way. By using the Website and its services and content, you hereby agree and accept to fully comply with as well as to be legally bound by all the provisions of these terms and conditions of use, the Webmaster’s copyright policy, privacy policy and all other referenced documents.

If you are in not if total agreement with the provisions of these terms, you must immediately desist from using the Website and services and content, as your continued use of the website and services and content shall be deemed as your agreement to comply with the Webmaster’s terms. These documents together form a legal agreement between you and the Webmaster, so please make sure that you read them carefully and understand them. If you have any questions or other enquiries, please contact the Webmaster.

General

1. At any time and without notice, the Webmaster may exercise his right to modify, review, update, delete from or add to these terms and conditions of use as he may deem necessary, for example, to be able to offer new services or as required by law. Your continued usage thereafter of the Website will be considered as your acceptance of those changes.
2. You are responsible for keeping all your contact information and marketing preferences up to date with the Webmaster. In order to comply with the French ” Data Processing and Freedom ” law dated January 6, 1978, the Webmaster will only do what you ask him to do, or what you have given him permission to do with any personal or sensitive information held about you.
3. This agreement is governed by the laws of France and Europe and is subject to the jurisdiction of the French courts.

The Website

1. When using the Website, you agree to abide by these terms and conditions of use. These terms and conditions of use together with any terms and policies referred to in them constitute a legally binding agreement between you and the Webmaster. Please read them carefully and thoroughly.
2. The Website is for your personal and non-commercial use. The Website provides certain tools, methods and resources to the Visitor that are intended to help the Visitor grow awareness about sports, fitness, nutrition, health, lifestyle and any other topic as decided by the Webmaster, as well as the possibility to purchase fitness and nutrition programs and digital products designed by Hersovyac.
3. You must not use the Website to do any of the following which are strictly prohibited:

• Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
• Restrict or inhibit any other Visitor from using and enjoying the Website
• Infringe the privacy rights, property rights, or other civil rights of any person;
• Harass, abuse, threaten or otherwise infringe or violate the rights of the Webmaster or others;
• Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
• Use technology or other means to access the Webmaster’s computer network, unauthorised content or non-public spaces;
• Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or limit the Website purchasing services functionality;
• Damage, disable or otherwise impair the Webmaster’s servers or networks or attempt to do the same; and
• Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms and Conditions.

Intellectual Property

1. The name Hersovyac, the logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Website (whether registered or unregistered) belong to the Webmaster or the affiliated Sites (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in the Website or the content within the same. All rights are reserved.
2. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without the Webmaster’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without the Webmaster’s express written consent.
3. All content produced by the Webmaster within the scope of his services including –but not limited to– fitness programs, diet plans, digital products such as Ebooks or other material developed or licensed by the Webmaster for a Visitor as part of his services is copyrighted by the Webmaster and remains the exclusive property of the Webmaster. You undertake to use such materials only for your own personal development and not to copy, publish, reproduce or distribute any such materials.
4. You agree that once you have physically or verbally received, downloaded, opened and/or saved any content, recommendations or products from the Webmaster or the Website, that you will not modify, reverse engineer, decompile, or obtain content from the website, nor will you make these available over any network. You will not replicate, copy, screen shot, forward, rent, distribute, lease, lend, sell, give away, republish, print, share, transfer, post on any social media, distribute in person, publish, reproduce, upload to a third party or claim any part of the content provided as your own.
5. On your purchase of the relevant digital product or coaching, the Webmaster will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable access to download e-books or access your personalised fitness plans.
6. You understand there is a no refund policy to protect from abusive and dishonest behaviors for all services and all digital products, including ebooks, consultations, personalized coaching and training and/or diet programs recommandations except in proven hacked or stolen financial or personal datas including ID documents, debit cards, credit cards, bank infos and such.

Disclaimer

1. 1. Content on the Website is provided for your general information purposes only. Nothing contained on the Website constitutes, or is meant to constitute, advice, opinion or guidance of any kind. The Webmaster is not a health care provider nor does he provide medical advice or medical treatment. References in the Website and elsewhere to “Fitness” and “Health” or any similar terms do not refer to medical treatment or medical therapy. The information presented on the Website is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue, you should always consult with a qualified medical professional.
   2. The Webmaster makes no warranty or guarantees that the Website is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. The Webmaster makes no guarantee of particular results or outcomes by use of the Website and the Services and digital products available on the Website.
   3. Use of this Website is on an “as-is” and “as available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the Website or services, or with the provision of or failure to provide the Website or services.
   4. You may find several links to other websites on the Website. It is imperative to know that these linked websites have policies that may be significantly different from the Webmaster’s. You accept that the Webmaster is in no way responsible for the practices, activities, procedures, conditions and/or policies of these websites, and he advises that you always read and review all the legal documents of any website that you may gain access to through the Website.
   5. You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

 

Promotional Codes

From time to time, the Webmaster may create and offer promotional codes and referral codes that can be redeemed on the Website, or on affiliated websites. Codes will only be valid for a period of time stated on or with them. Codes do not have any cash value. Codes may only be used for personal and non-commercial purposes. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means; not be promoted in any way including via a Search Engine; not be exchanged for cash; only be used once and only one Code may be used per person; and may be subject to specific terms which will be made available by the Webmaster, and must only be used in accordance with those terms.

 

Liability

1. 1. This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Webmaster does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his gross negligence or wilful default, or that of his, agents or subcontractors or (b) fraudulent misrepresentation.
   2. The Webmaster does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, specifications and descriptions of listed services. The Webmaster will use his reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.
   3. The Webmaster does not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the services and digital products purchased from the Website or any other damage howsoever caused.
   4. The Webmaster shall not be liable for any loss or injury attributable to:
      1. the Client’s fault;
      2. a third party unconnected with the provision of services provided by the Webmaster;
      3. events which the Webmaster could have foreseen or forestalled, even if he had taken reasonable care.
   5. The Webmaster is not liable for any loss or damage to your property.
   6. The Webmaster is not liable if you ignore his recommendation, at any time, to seek medical advice.

 

Comments

When Visitors leave comments on the site, we collect the data shown in the comments form, and also the Visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Cookies

If you leave a comment on the Website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Embedded content from other websites

Articles on this Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For Visitors that register on the Website (if any), we also store the personal information they provide in their user profile. All Visitors can see, edit, or delete their personal information at any time. The Webmaster can also see and edit that information.

What rights you have over your data

If you have an account on this Website, or have left comments, you can request to receive an exported file of the personal data the Webmaster holds about you, including any data you have provided to him. You can also request that we erase any personal data he holds about you. This does not include any data he is obliged to keep for administrative, legal, or security purposes.

Visitor comments may be checked through an automated spam detection service.