Terms and Conditions

Our website address is: www.genyo.app

Genyo.app is the commercial name of the personality and career test designed and managed by Hera Heracles.

 

Preamble
The present General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) apply without restriction or reservation to the sale of the services of the website www.genyo.app (hereinafter referred to as the “Site”) and define the rights and obligations of the Site (seller) and the Customer (hereinafter referred to as the “Customer”). The Conditions can be consulted on the Site and/or are made available to any User.

Any Customer and User acknowledges and accepts that placing an order for the Vendor’s Services implies acceptance of the Conditions without reservation. He acknowledges having read the Conditions before placing any order. The current version of the Conditions is the only one opposable to the Customers and Users of the Site:

During the entire period of use of the Website and until a new version replaces it. Genyo.app reserves the right to modify these Terms at any time without prior notice to Users and Customers, but the Terms applicable at the time the Order is placed will apply:
For any subscription to the Seller’s Products and Services.
The Terms shall prevail over any other Genyo.app document or any other terms and conditions of purchase.

These Terms are effective as of October 01, 2022.

1: Definitions
In these Terms, the following terms shall have the following meanings:

“Customer”: means, in accordance with the provisions of the preliminary article of the Consumer Code, any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity, as well as any legal entity acting in the capacity of a professional, placing an order on the Site for a Subscription;

“T.C.S.” or “Terms” means these general terms and conditions of sale;

“Order” means any order placed by a Customer on the Site;

“Services” or “Services” shall mean the Services sold by the Vendor on the Site;

“Site”: refers to the site www.Genyo.app operated by Hera Heracles SAS and made available to the User;

“Tariff” means the price applicable to Customers via the Site prior to the validation of the order;

“Vendor”: means Genyo.app, operated by Hera Heracles SAS, a simplified joint stock company with a capital of €2,000, registered in the Paris Trade and Companies Register under number Paris B 907 818 926, whose registered office is located at 15 rue des Halles, 75001 Paris, France, and which can be contacted by e-mail at [email protected] or [email protected].

“User”: means any user of the Site;

For the purposes of this Agreement, Customer, User and Seller may be referred to individually as the “Party” and collectively as the “Parties”.

2: Overview of the Services

2.1 Preliminary provisions

The Services that can be ordered by the Customer are those presented and detailed on the Site. The Services are described and presented as accurately as possible. However, if errors or omissions have occurred with regard to this presentation, the Vendor cannot be held responsible. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the responsibility of the Seller.

2.2 Pre-contractual information

The Customer acknowledges having been provided, prior to the placing of the order and the conclusion of the contract, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in Article L. 221-5 of the Consumer Code.

Are transmitted to the Customer, in a clear and comprehensible way, the following information:

– the essential characteristics of the good or service;

– the price of the good or service;

– any additional charges.

2.3 Services and Products

The Customer can acquire via the Site a unique service presented on the Site.

The Site allows Users to take personality and job tests. The test can be done after the User has paid. The validation of the payment sends the client to the access page of the test.

After completing the test, Genyo.app has 24 hours to send a results report by email. Payment is required to receive the results.

The Customer must be particularly careful when filling in the personality questionnaire. No new reports or report modifications will be allowed in case of truncated, erroneous or missing answers.

3: Placing an order
To place an order on the Site, the User must follow the following steps:

3.1 Ordering a Personality Test

See the terms and conditions described in article 2.

3.2 Contact information

The Customer must then indicate his name, first name and the e-mail address to which he wishes to receive his report.

3.3 Payment of the price

The Customer shall pay for the test by credit card only via the Stripe payment system, which acts as the controller of the Customer’s banking data, the Seller having no access to such data. There is no provision for payment in installments under this Agreement.

The Seller may apply discounts and promotions on the Services and Products. The final price displayed is the one after deduction of possible discounts and promotions. Discounts and promotions are not cumulative and are applicable only once per household.

3.4 Validation

Before proceeding to payment, the Customer must accept the applicable general terms and conditions of sale by checking the box provided for this purpose as well as the waiver of the right of withdrawal concerning the personality and career test. This validation implies the acceptance of the entirety of the present General Sales Conditions. Any order by the Customer implies acceptance of the prices and descriptions of the services purchased. Following the payment, the Customer will receive an email summarizing his order. Upon receipt of payment, the sales contract is concluded between the Customer and the Seller.

4: Control of orders
The Seller reserves the right to suspend any order management and any service in case of refusal of payment authorization from the officially accredited payment organizations or in case of non-payment of the order.

5: Provisions relating to payments
5.1 Prices

The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

5.2 Payment Incidents

The Customer is informed when the payment is not made due to an error. In this case, the Customer must make the payment again or contact our team.

5.3 Cancellation and modification of Orders

No order, once placed, can be modified or cancelled once it has been paid and completed, except for the exercise of the right of withdrawal (Article 6).

6: Right of withdrawal

6.1 Provisions applicable to the Personality Test

In accordance with the provisions of Article L. 221-28 of the Consumer Code, contracts cannot be subject to the right of withdrawal:

“1° Of supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, whose performance has begun with his prior and express agreement and with the recognition by him of the loss of his right of withdrawal, when the service will have been fully performed by the professional.”

And

13. The supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, when :

(a) He has given his prior express consent for the performance of the contract to begin before the expiration of the withdrawal period; and

(b) he has acknowledged that he will lose his right of withdrawal; and

c) The trader has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L. 221-13.

General provisions

The Customer guarantees that all the information provided during an order or when subscribing to a service, updated and sincere. He also guarantees that he is a natural person, of age, and able to contract. The Customer is solely responsible for the accuracy of the information provided on his personal space. The Customer agrees to update the information if necessary.

The Vendor shall not be held liable for any truncated, inaccurate or missing data that may have a direct or indirect impact on the performance of the Services by the Parties.

In providing the Services, the Seller shall not be liable for any interruption in connection with the terms and conditions described in Articles 4 to 8 of the General Terms of Use.

7.2 Disclaimer

The customer is specifically informed that personality tests are not an exact science and cannot be compared to hard science or psychoanalysis.

By placing an order on the Site, the Customer acknowledges that the information provided in the personality test results is only indicative and does not constitute perfectly reliable information on which the Customer can fully rely to make any decision.

Furthermore, the Customer takes full and complete responsibility for any decision made based solely on the information contained in the personality tests. As the information provided by the Seller cannot be considered as psychoanalytical advice, it is the responsibility of the Seller to complete and/or verify the information contained in the test with professionals.

The Seller shall not be held liable for any consequences of a decision taken by a Customer based exclusively on his personality test.

8: Personal data
The obligations of the Seller regarding the protection of the Customer’s personal data are described in the tab “Protection of Personal Data” on the Site.

9: Force majeure
The Seller shall not be held responsible for its delay or failure to perform its Services if such delay or failure is due to the occurrence of an event beyond its control or a case of force majeure, which could not be reasonably foreseen at the time of placing the order and the effects of which cannot be avoided by appropriate measures.

In the event of the occurrence of such a force majeure, the performance of these GTC shall be suspended until the force majeure has disappeared, been extinguished or ceased. However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties shall meet to discuss a possible modification of the order.

The deadlines provided for in these GTC shall be automatically postponed according to the duration of the case of force majeure.

10: Applicable law and settlement of disputes

10.1 Dispute resolution

The present General Terms and Conditions and the operations resulting from them are governed by French law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of these Terms and Conditions. In this respect, the party wishing to implement the amicable settlement procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to implement the said procedure, specifying the difficulties of application encountered or the breaches noted.

This amicable settlement procedure constitutes a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in violation of this clause will be declared inadmissible.

If the parties fail to reach an amicable settlement within thirty (30) calendar days of the first notification, each of them will regain full freedom of action.

If the parties fail to reach an amicable resolution despite the efforts made, any dispute relating to the performance, interpretation, validity and resolution of the Conditions shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of the Seller’s registered office.

10.2 Mediation

The European Commission has set up an online dispute resolution platform for the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This commission is accessible at the following address: https://webgate.ec.europa.eu/odr/ . The said procedure is free of charge. The Customer may, at his own expense, be assisted by the counsel of his choice.

The Customer is free to accept or refuse the recourse to mediation and/or any possible solution proposed by the mediator.

11: Miscellaneous clauses
Divisibility: If one or more stipulations of the present GTC are held to be invalid or declared null and void in application of a law or a regulation or following a court decision having the authority of res judicata, this does not call into question the other clauses of the GTC.

Non-waiver: The fact that a Party has not availed itself of a breach by the other Party of one of the obligations referred to in these G.S.C. shall not be interpreted for the future as a waiver of the obligation in question.

Partial Invalidity: In the event of any inconsistency between any provision of these G.S.T. and any present or future law, statute, ordinance, regulation, court order or collective bargaining agreement, the latter shall prevail, provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected.

Language of the Terms and Conditions: These Terms and Conditions and the resulting operations are governed by French law. Only the French text shall be binding in the event of a dispute, but we hereby inform you that this is a translation with the same points and titles.

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