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Terms and Conditions - METCARE®

METCARE® is an ecosystem offering support, education and training focused on aesthetics and organisational development. The content provided does not in any way constitute medical advice or therapeutic treatment.

The company METCARE® / My Esthetic Travel® is developing an ecosystem of services, content, tools and products aimed in particular at professionals in the medical aesthetics and wellness sector, patients, end customers and any user wishing to access its services, training courses, support, digital content, AI tools, physical products, events, programmes, masterclasses or concierge services.

The purpose of these General Terms and Conditions of Sale is to set out the terms on which the company sells its services and products, both online and offline, to consumer and business customers.

Placing an order implies full and unconditional acceptance of these Terms and Conditions.

1. Seller’s details

These Terms and Conditions are provided by :

Company name: METCARE® / My Esthetic Travel®

Legal form: S.L.U
Share capital: €3,000
CIF / NIF / registration number: ESB42808519

Head office: 7 Calle Padre Bover 12500 Vinaros

Email: contact@myesthetictravel.com
Telephone: +33 (0)6 44 63 02 60

Publishing Director / Legal Representative: Ms Pecheu

Website: www.myesthetictravel.com

The term ‘Company’ hereinafter refers to the entity operating the METCARE® and/or My Esthetic Travel® brands.

2. Definition

“Customer”: any natural or legal person who purchases a product or service from the Company.

“User”: any person browsing the website or using a service, whether free of charge or for a fee.

“Services”: all services offered by the Company, including face-to-face training, online training, masterclasses, webinars, support, coaching, audits, AI tools, digital services, beauty concierge services, networking services, events, subscriptions, members’ areas, downloadable content and any related services.

“Products”: all physical or digital goods sold by the Company, including e-books, guides, documents, recordings, kits, accessories, boxes, teaching materials and digital tools.

“Content”: all text, video, audio, visual material, protocols, methods, processes, teaching sequences, documents, presentations, templates, frameworks, tools, diagrams, guidelines, databases, AI content, pages, modules and resources provided by the Company.

‘Training’: any provision of knowledge, skills, techniques or methods, whether delivered in person, remotely, via a blended approach, or in a synchronous or asynchronous format.

“Login details”: username, password, access codes, private links and, more generally, any means of personal access to content or a service.

3. Scope

These Terms and Conditions apply to all sales concluded by the Company, whether the order is placed via the website, a sales funnel, a payment link, an invoice, an accepted quotation, a third-party platform, written correspondence, or any other durable medium.

They shall take precedence over any other terms and conditions, unless the Company has given its express written consent.

The Company reserves the right to amend these Terms and Conditions at any time. The applicable version is the one accepted by the Customer on the date of the order.

4. Description of services and products

In particular, the company markets :

technical, strategic, organisational, pre- and post-operational training, delivered online or in person;
masterclasses, seminars, conferences, workshops, events and recordings;
e-books, guides, teaching materials, digital documents and downloadable content;
coaching, consultancy, and individual or group support services;
tools and services based wholly or partly on artificial intelligence;
kits, boxes, accessories, physical or digital products;
services such as beauty consultations, coordination, information provision, matchmaking or support throughout the process;
more broadly, any service related to the METCARE® / My Esthetic Travel® ecosystem.
 
The key features of the products and services are those set out on the sales page, the quotation, the order form, the invoice, the sales proposal or any other document provided prior to purchase.

The images, descriptions, testimonials, examples, case studies and scenarios are provided for illustrative purposes only and do not constitute a binding contract in themselves.

5. Nature of the services – absence of medical treatment

METCARE® does not provide medical protocols or treatment recommendations, and any protocol must be approved by a healthcare professional.

The Company is not a healthcare facility.

The services, content, training courses, tools, coaching, guides, advice, support, concierge services and AI solutions offered by the Company do not constitute a medical procedure, a medical diagnosis, a prescription, a surgical opinion, a hospital service, or treatment provided on behalf of a healthcare professional.

The Company does not practise medicine, nor does it act as a substitute for any surgeon, doctor, nurse, physiotherapist, psychologist, pharmacist, lawyer, chartered accountant or other regulated professional.

The Customer remains solely responsible :

regarding their medical, therapeutic, technical, financial and professional choices;
checking their eligibility for a procedure, treatment, protocol, travel or service;
that their practice complies with their country’s regulations, their qualifications, their licences, their insurance and their ethical obligations.
 

Any decision regarding surgery, treatment, a protocol, care, a purchase, a partnership, a practitioner or a clinic is the sole responsibility of the Client.

6. Commande

The order is deemed to be firm and final upon confirmation of payment, acceptance of the quotation, signing of the order form, payment of a deposit, or clear written confirmation from the Customer.

The Customer declares that they are of legal age, have the necessary legal capacity and possess all the powers required to enter into a contract.

The Customer warrants that the information provided at the time of ordering is accurate. The Customer shall be solely liable for any errors, omissions or inaccurate information.

The Company reserves the right to refuse or cancel any order in the event of a previous dispute, fraud, outstanding payments, abusive behaviour, harm to its interests, a risk of misuse of its content, or suspicion of unlawful use.

7. Price

Prices are quoted in euros, inclusive of all taxes or exclusive of tax, as specified in the offer.

Any taxes, customs duties, bank charges, conversion fees, import charges or local charges shall be borne exclusively by the Customer.

The Company may change its prices at any time. The applicable price is the one in force on the day the order is placed.

Promotional offers, discounts, bonuses, promotional codes and one-off benefits are valid only within the specified limits and for the specified periods.

8. Payment

The price is payable in full, unless a payment schedule has been expressly agreed by the Company.

In the case of payment in instalments, this is a payment plan for the total price, not a subscription that can be cancelled at any time. The full amount remains payable.

Any delay or failure to pay shall, as a matter of law and without prior notice, where permitted by law, :

the immediate payment of all outstanding sums due;
suspension of access to services, content, appointments, training courses, members’ areas and deliveries;
the refusal of any new orders;
the application of late payment interest and, for business customers, the statutory flat-rate recovery charge, where applicable.
 
The Company may use the payment service provider of its choice. Payments made via third-party providers are also subject to those providers’ own terms and conditions.

9. Delivery and access

9.1) Digital products

Access to digital content is deemed to have been provided as soon as the link, login details, file, access to the members’ area or any other means of making the content available has been sent.

9.2) Physical products

Delivery times are approximate unless otherwise expressly agreed. The Company shall not be held liable for delays attributable to the carrier, customs, supplier shortages, force majeure or any circumstances beyond its control.

The Customer is required to check the condition of the parcel upon receipt and to report any issues in accordance with the procedure provided.

9.3) Training and services

Dates, durations, timetables, venues, trainers, course content, materials, tools and organisational arrangements may be adjusted by the Company for educational, technical, logistical, health, safety or organisational reasons, without this constituting a breach of contract or automatically entitling the participant to a refund.

10. Right of withdrawal

Where the Customer qualifies as a consumer under applicable law, they are generally entitled to a statutory period of fourteen days to exercise their right of withdrawal, unless otherwise provided by law. The Spanish regulations governing distance contracts and digital content provide, in particular, for exceptions where performance has begun with the consumer’s express consent and acknowledgement of the loss of the right of withdrawal.

In particular, the right of withdrawal does not apply, within the limits of the law, to digital content supplied without a physical medium where performance has begun with the Customer’s prior express consent and express waiver of their right of withdrawal, nor to services that have been fully performed before the end of the withdrawal period with the Customer’s express consent.

For physical goods, if the right of withdrawal applies, the Customer must notify the Company of their decision in writing at the address provided by the Company before the statutory period expires. The Customer is responsible for the return costs unless otherwise provided for by law.

Personalised products, products sealed for hygiene reasons once opened, or made-to-measure products cannot be returned or refunded, except in cases provided for by law.

11. Specific terms and conditions relating to digital content, online courses, e-books and video recordings

Any purchase of digital content, e-books, on-demand content, downloadable materials, videos, audio files, e-learning modules, members’ areas, documents, protocols or digital tools grants the Customer only a limited, non-exclusive, non-assignable and non-transferable right of personal use.

Unless otherwise stated, access is granted for the period specified in the offer. In the absence of any such specification, the Company may set a reasonable period of access.

Unless otherwise stated, access is granted for the period specified in the offer. If no specific period is stated, the Company may set a reasonable period of access.

No refund will be payable in the event of technical incompatibility attributable to the Customer’s equipment, mishandling, failure to consult the service, non-use, failure to download, or loss of files by the Customer.

12. Specific conditions for face-to-face training courses

Registration for a face-to-face course is personal.

Any request for cancellation or postponement must be made in writing.
Unless the Company has granted more favourable special terms:

in the event of late cancellation by the Customer, any sums paid may be retained as compensation;
in the event of absence, significant lateness, withdrawal, exclusion due to inappropriate behaviour or failure to follow instructions, no refund will be payable;
The Company may refuse entry to any person whose behaviour jeopardises the safety, smooth running or comfort of the models, staff or other participants.
 
The Company reserves the right to postpone a session or to change the venue, speaker, model, teaching materials or teaching method if circumstances so require.

13. Specific terms and conditions relating to coaching, support and consultancy

Coaching, consultancy, and strategic or operational support services are obligations of means, not of result.

The Client remains solely responsible for its actions, their implementation and their consequences.

Any appointment that is not attended or is cancelled at short notice may be treated as a no-show, unless the Company decides to make a discretionary gesture of goodwill.

Unless otherwise stated, the vouchers must be used within the period specified at the time of purchase. Otherwise, they will expire without refund.

14. Specific terms and conditions for AI tools and services

The tools, assistants, content, prompts, automations, recommendations, analyses and results generated by artificial intelligence solutions are provided for the purposes of assistance, to aid decision-making, for optimisation or as operational support.

The Company does not guarantee absolute accuracy, completeness, freedom from error, or perfect suitability des réponses générées à la situation du Client.

The Customer acknowledges that any use of an AI tool requires prior human validation, particularly where the results relate to health, law, compliance, taxation, communications, sales, personal data, patient journeys, sensitive content or business organisation.

The Company shall not be held liable for any decisions taken by the Client based exclusively or primarily on a result generated by AI.

The Customer shall not enter into the tools provided any unlawful data, confidential data without authorisation, unsecured medical data, third-party trade secrets, unregulated health data, or any content that contravenes applicable regulations.

15. Specific conditions relating to beauty services

The METCARE® / My Esthetic Travel® concierge service provides support, information, coordination, networking, guidance and assistance.

It does not in any way constitute :

a guarantee of medical or aesthetic results;
a guarantee of availability from a healthcare professional, a clinic, an operating theatre, a transport provider or accommodation;
a substitute for informed consent, practitioners’ obligations, medical supervision or regulated post-operative care;
medical or paramedical care provided by the Company.
 
The Company acts as an intermediary for the organisation and coordination of services where applicable, without being liable for the acts, services, diagnoses, prescriptions, decisions, postponements, cancellations, complications, negligence, errors, delays, breaches or outcomes of third parties involved.

Each professional, establishment, carrier, accommodation provider, partner or third-party service provider remains solely responsible for their own actions, terms and conditions, insurance, deadlines, compliance and contractual relationship with the Customer.

16. Intellectual property

All trademarks, logos, distinctive signs, trade names, designations, content, text, videos, photographs, style guides, materials, protocols, methods, diagrams, templates, educational sequences, documents, tools, creations, concepts, modules, scripts, databases, service architectures and elements of know-how used by the Company are protected by intellectual property law, trade mark law, business law, trade secrets and/or any other applicable law. Spanish law protects original creations and trade secrets; personal data is governed in parallel by the GDPR and the LOPDGDD.

No part of this material may be reproduced, displayed, extracted, reused, adapted, distributed, sold, transferred, licensed, published, taught or exploited without the Company’s prior written consent.

17. Use of the skills acquired

The sole purpose of METCARE® training courses is to enable the Client to apply the knowledge acquired in their professional practice with their clients, patients or end consumers, within the limits of their competence and in accordance with applicable regulations.

Completion of this training course does not confer any right to teach, certify, sub-license, pass on or use the METCARE® method for educational purposes.

18. Prohibition on reproduction, teaching and derivative works

Unless the Company has given its prior, express written consent, the Customer shall not :

to reproduce all or part of the METCARE® methods, content, protocols, sequences, teaching structures or materials;
to create, sell, distribute or run a training course, masterclass, workshop, certification, coaching programme or any derivative, similar or inspired by METCARE® content;
to teach third parties, whether for free or for a fee, the methods, techniques, tools or protocols provided by the Company;
to issue a certification or accreditation based on the METCARE® method;
to disclose the content to a competitor, a training organisation, a service provider or a third party.
 

The Customer expressly acknowledges that their right of use is limited to the provision of services to the end consumer, and excludes any educational use or transfer to third parties.

The Client shall also refrain from creating, marketing or distributing any training course based, directly or indirectly, on the content, methods, teaching structures, concepts, protocols or approaches provided during METCARE® training courses, including where such elements have been modified, adapted or presented under a different name.

The protection of the Company’s know-how covers, in particular, the reproduction of an educational framework, a training structure, a methodological approach or a conceptual framework derived from the METCARE® training programmes.

Any use of these elements in the context of a competing business may be regarded as unfair competition or economic parasitism.

19. Confidentiality and know-how

The Client acknowledges that the Company is providing it with access to proprietary know-how, specific educational engineering, processes, methods, lesson plans, organisational structures, documents and sensitive information.

He undertakes to maintain strict confidentiality throughout the contractual relationship and for a period of five years following its termination, subject to any longer period of legal protection.

20. A licence is required to transmit the method

Toute personne souhaitant former, transmettre, dupliquer, exploiter pédagogiquement ou commercialement les méthodes METCARE® doit conclure au préalable un contrat spécifique de licence, cession de droits ou autorisation d’exploitation avec la Société, et régler les droits correspondants.

Failing this, any transmission, reproduction or use shall be deemed unauthorised.

21. Penalties for breaches of the method

In the event of a breach of the provisions relating to intellectual property, confidentiality, the prohibition on reproduction or unauthorised transmission, the Company may immediately:

suspend or revoke access;
exclude the Customer from programmes, groups and services;
demand that the disputed activity cease;
request the removal of any contentious content or offers;
take legal action on the grounds of infringement, unfair competition, free-riding, breach of trade secrets and any other relevant grounds.

Without prejudice to any actual loss suffered, any breach may give rise to the payment of a minimum fixed compensation of fifteen thousand euros (€15,000) per breach found, by way of a penalty clause, if permitted by applicable law.

22. Use of communal access points and areas

Login details are strictly personal, confidential and non-transferable.

The Customer must not share accounts, disclose access details, make bulk copies, extract content unlawfully, record content without authorisation, carry out automated downloads, resell, publish or make the content available to third parties.

The Company may suspend or terminate access to any members’ area, group, community, messaging service, event or platform in the event of a breach of the Terms and Conditions, or in the event of behaviour that is harmful, aggressive, defamatory, disparaging, intrusive, competitive or contrary to its values and interests.

23. Testimonials, references and image rights

Unless the Client expressly objects or a specific arrangement has been agreed in writing, the Company may request testimonials, reviews, feedback and permission to publish.

Any use of images, voice recordings, audio recordings, photographs, videos or testimonials will, where necessary, be subject to specific authorisation or a separate contractual framework.

The Customer warrants that it holds the necessary rights to the content it provides to the Company.

24. Personal data

The Company processes the Customer’s personal data in accordance with the General Data Protection Regulation and applicable Spanish legislation, in particular Organic Law 3/2018.

Information regarding the purposes, legal bases, retention periods, recipients, any transfers, data subjects’ rights and the procedures for exercising those rights must be set out in a separate privacy policy.

Where cookies or trackers are used, their management must comply with the applicable requirements and the guidelines issued by the AEPD.

The Customer undertakes, when using the Company’s services in a professional capacity, to transmit only the data that is strictly necessary and to comply with all its legal obligations.

25. Liability

The Company is bound by a general obligation of means.

It does not guarantee any financial, commercial, aesthetic, medical, professional, reputational or organisational results.

The testimonials, client case studies, results, examples, before-and-after comparisons, scenarios and projections presented by the Company are not to be construed as guarantees.

The Customer uses the services, content, training courses, tools, recommendations, networking opportunities and solutions provided at their own risk.

The Company shall not be held liable :

the Client’s decisions;
the use he makes of the information received;
errors committed by third parties;
medical or surgical complications;
the results of a treatment protocol, a treatment, a surgical procedure, a procedure or an action plan;
the illegality of a practice carried out by the Client in their country;
misuse of products, content or tools;
the Client’s failure to comply with its regulatory, tax, social security, insurance or ethical obligations;
consequential damages, loss of opportunity, loss of customers, loss of turnover, damage to reputation, loss of data or commercial loss, to the extent permitted by law.
 

For business customers, unless there is gross negligence or a mandatory provision to the contrary, the Company’s total liability, in respect of all claims, is limited to the amount (excluding VAT) actually paid by the Customer for the service giving rise to the dispute.

26. Force majeure

The Company shall not be held liable for any delay, suspension or failure to perform resulting from a force majeure event or any circumstance reasonably beyond its control, including, but not limited to, breakdowns, network unavailability, cyber-attacks, strikes, illness of a contractor, supplier issues, logistical disruptions, administrative measures, technical impossibility, natural disasters, pandemics, fire, power cuts or decisions by a public authority.

27. Partial invalidity

Should any provision of these Terms and Conditions be declared invalid, the remaining provisions shall remain in force.

28. Applicable law and competent jurisdiction

These Terms and Conditions are governed by Spanish law, without prejudice to any mandatory provisions offering greater protection to which a consumer may be entitled under the law of their country of residence within the European Union.

In the event of a dispute, the parties shall first seek an amicable resolution.

For business customers, exclusive jurisdiction is conferred on the courts within the jurisdiction of the Company’s registered office, unless otherwise required by mandatory law.

For consumers, jurisdiction will be determined in accordance with the applicable mandatory rules.

29. Respect for reputation and non-disparagement

The Client undertakes to behave in a fair and respectful manner towards the Company, its directors, employees, partners, trainers and other staff.

In particular, the Customer shall refrain from :

• to publish or disseminate defamatory, abusive or disparaging comments about METCARE® / My Esthetic Travel®;
• to damage the Company’s reputation, image or financial interests;
• publicly disseminate inaccurate or misleading information concerning the Company’s services, training courses or activities.

In the event of a breach of these obligations, the Company reserves the right to take any necessary action to put an end to the disputed comments and to seek compensation for the damage suffered.

30. Prohibition of economic parasitism

The Client shall not use the content, methods, concepts, teaching materials, business models, strategies or structures developed by METCARE® for the purpose of creating or developing a competing business based on the appropriation of the Company’s work, reputation or investments.

Any instance of economic parasitism may give rise to legal proceedings on the grounds of unfair competition.

31. Prohibition on competitive monitoring

The training courses, programmes, masterclasses and educational content offered by METCARE® are intended solely for the professional development of participants.

Any registration made for the purpose of :

• to view educational content;
• to analyse the structure of a training course;
• to reproduce an educational programme;
• to collect information for competitive purposes; is strictly prohibited.

The Company reserves the right to immediately exclude any person whose registration is motivated by a competitive or educational espionage objective.

32. Non-solicitation of pupils and clients

The Client shall not solicit, poach or attempt to poach students, participants, members or clients of METCARE® with a view to offering them competing services.

This obligation applies throughout the duration of the contractual relationship and for a period of twelve (12) months following its termination.

33. Non-solicitation of partners and stakeholders

The Customer shall refrain from approaching, either directly or indirectly, the partners, trainers, service providers or employees of METCARE® with a view to offering them a collaboration that is in competition with the Company or that is likely to harm the Company’s interests.

This prohibition applies throughout the duration of the contractual relationship and for a period of twelve (12) months following its termination.

34. Preuve des transactions et des communications

Computerised records, digital data, log files, email correspondence and computer records stored in the Company’s systems shall be regarded as valid evidence of communications, orders, payments and access to services between the parties.

These documents shall be deemed authentic between the parties until proven otherwise.

35. Prohibition on mass content scraping

The Customer shall refrain from any bulk, automated or systematic extraction of the content provided by the Company, in particular through the use of data extraction software, automated capture, scraping or database replication.

Any attempt to extract or reproduce content on a large scale may result in the immediate suspension of access and legal action.

36. Prohibition on the registration of training courses

Unless prior written authorisation has been obtained from the Company, it is strictly prohibited to record, film, screen capture or broadcast all or part of the training courses, masterclasses, webinars, conferences or educational content offered by METCARE®.

Any breach of this provision may result in the immediate suspension of access to the services and legal action.

37. Protection of communal spaces

The community forums, groups, platforms, messaging services and members’ areas provided by METCARE® are reserved for authorised users.

The Customer shall refrain from using these spaces for any purpose :

• unauthorised promotional material;
• competitive material;
• external commercial material.

The Company reserves the right to immediately expel any member who fails to comply with these rules.

38. Prohibition of unauthorised certification

The Customer shall not issue, offer or market any certification, attestation or recognition of competence that implies any affiliation with, endorsement by or recognition from METCARE® without the Company’s prior written authorisation.

Any certification issued without authorisation and based on METCARE® methods, content or training will be considered fraudulent.

39. Prohibition on the misuse of labels

The Customer shall not use, reproduce or display any label, certification, award or statement that suggests official recognition by METCARE® without prior written authorisation.

Any fraudulent use of the name, trademark or labels associated with METCARE® may result in legal action.

40. Protection contre la confusion de marque

The Customer shall refrain from using any name, trademark, trade name, concept, visual identity or communication element that could cause confusion with the trademarks, services or activities of METCARE® / My Esthetic Travel®.

Any use that is likely to create a risk of confusion in the minds of the public may be classified as an act of unfair competition.

41. Protection of the METCARE® ecosystem

The Company is developing a comprehensive ecosystem comprising, in particular:

• professional training;
• teaching methods;
• digital tools;
• educational content;
• concierge services;
• products, protocols and programmes;
• a network of professionals, partners and practitioners.

The Customer acknowledges that this ecosystem constitutes a structured framework built on significant intellectual, financial and organisational investments.

Any attempt to reproduce, exploit or misappropriate all or part of this ecosystem with the aim of developing a competing business based on the Company’s resources, methods or investments may be deemed to constitute economic parasitism and may result in legal action.

42. Protection of the METCARE® professional network

As part of its activities, the Company may need to put professionals, practitioners, partners or service providers in touch with one another.

These connections are made exclusively as part of the services offered by METCARE®.

The Client shall not use these introductions for the purpose of establishing, directly or indirectly, a competing network based on the resources, contacts or opportunities generated by the Company.

Any attempt to hijack the network may be regarded as an act of unfair competition.

43. Protection of protocols and methods

The protocols, methods, technical sequences, teaching approaches and procedures developed by METCARE® constitute specific know-how protected by intellectual property law and by the rules governing trade secrets.

Any reproduction, adaptation, distribution, transmission or use of these protocols for educational or commercial purposes without the Company’s prior written consent is strictly prohibited.

Any breach of this provision may result in legal action.

44. Use of trade marks and distinctive signs

The trademarks, trade names, logos, designations, concepts and distinctive signs belonging to METCARE® / My Esthetic Travel® are protected by trademark law and by competition law.

Unless the Company has given its prior written consent, the Customer shall, in particular, refrain from :

• to use the METCARE® trademarks in its commercial communications;
• to present themselves as an official representative, partner or trainer of the Company;
• to give the impression that there is an affiliation or collaboration with METCARE® when this is not the case.

Any unauthorised use may result in legal action.

45. Use of content on social media

Educational content, visuals, videos, training clips or promotional materials provided by the Company may not be shared or published on public platforms, including social media, without the prior written consent of METCARE®.

Any unauthorised publication may result in a request for its immediate removal, as well as any action necessary to protect the Company’s rights.

46. Immediate suspension of access

The Company reserves the right to suspend or immediately terminate access to its services, platforms, training courses, members’ areas or communities in the event that:

• breach of these General Terms and Conditions of Sale;
• conduct likely to harm the Company’s interests;
• fraudulent or abusive use of the services;
• any attempt to appropriate or reproduce the content or methods.

Where the seriousness of the matter warrants it, this suspension may take effect without prior notice.

47. Protection des protocoles et programmes spécifiques

Certain programmes, protocols or methods developed by METCARE®, in particular those associated with its educational solutions, professional programmes or protocols, constitute original creations and exclusive know-how.

These programmes may not be reproduced, adapted, taught or used for educational or commercial purposes without the Company’s prior written consent.

Any unauthorised use may constitute infringement or unfair competition.

48. Prohibition on the competitive use of services

The Customer shall not use the services, training courses, content or tools provided by the Company for the purpose of :

• to develop a competing programme;
• to design a similar training course;
• to set up a competing service based on METCARE® methods or content.

Any use of the services for competitive purposes may result in the immediate termination of access to the services and legal action.

49. Protection du protocole Signature Recovery Protocol™

The Signature Recovery Protocol™ is a proprietary method developed by METCARE® as part of its training, support and professional solutions development activities.

This protocol, its principles of application, its pedagogical structure, its technical sequences, its teaching materials, its content and its organisation constitute a specific, protected body of expertise.

Any reproduction, adaptation, distribution, transmission, commercialisation or teaching of the Signature Recovery Protocol™ without the Company’s prior written consent is strictly prohibited.

Any breach may result in legal action for infringement, unfair competition or free-riding.

50. Protection of METCARE® products, kits and solutions

The products, kits, programmes, teaching materials and solutions developed by METCARE®, in particular those associated with its professional protocols or support methods, are protected as original creations.

In particular, the Customer shall refrain from :

• to reproduce or copy product concepts developed by METCARE®;
• to market products or kits that incorporate the essential features of the solutions offered by the Company;
• to use METCARE® products as a basis for developing a competing product range.

Any unauthorised use of the product concepts may be regarded as unfair competition.

51. Terms and conditions for the use of products and protocols

The products, kits, media and protocols offered by METCARE® are intended to be used in accordance with the recommendations provided by the Company.

The Customer undertakes to comply with the terms of use provided and not to use these products or protocols for any purpose other than their intended use.

The Company shall not be held liable for any use that is inappropriate, non-compliant or contrary to the recommendations provided.

52. Prohibition on the reproduction of product designs

The Customer shall not reproduce or develop any products, kits, programmes or solutions based on the concepts developed by METCARE®, notamment lorsque ces produits reprennent :

• the structure of a protocol;
• the organisation of a programme;
• the distinctive features of a solution proposed by the Company.

Any reproduction of these designs may be regarded as an act of unfair competition.

53. Distribution and resale of METCARE® products

Unless the Company has given its prior written consent, the products and kits marketed by METCARE® may not be resold, distributed or offered for sale by the Customer.

Any unauthorised resale may result in :

• suspension of access to services;
• termination of the contractual relationship;
• legal proceedings.

54. Safeguarding the development of METCARE® solutions

The Company regularly develops new services, products, protocols and tools as part of its ecosystem.

The Customer acknowledges that these developments are the result of significant investment in research, development, instructional engineering and design.

Any attempt to replicate or exploit these innovations as part of a competing business may be regarded as unfair competition.

55. Commercial use of methods and protocols

The commercial use of methods, protocols or solutions developed by METCARE® as part of a training, support or professional services offering requires the Company’s prior written consent.

In the absence of such authorisation, any commercial use may be regarded as unauthorised use of the METCARE® methods.

56. Stricter penalties for unauthorised copying or use

Without prejudice to any other action, interim measures, application for an injunction, application for removal, suspension of access, additional damages or legal proceedings based, in particular, on infringement, unfair competition, economic parasitism or the breach of trade secrets, any unauthorised reproduction, distribution, adaptation, transmission, commercialisation, teaching or exploitation of the training courses, methods, protocols, content, programmes, educational structures, concepts, products, kits or services developed by METCARE® may give rise to the application of a penalty clause.

As such, any infringement of the Company’s rights, and in particular any unauthorised copying or use of a training course, method, protocol, programme, product concept or any structural element of the METCARE®, may result in the payment of a minimum fixed compensation of fifty thousand euros (€50,000) per established breach.

This compensation is provided without prejudice to the Company’s right to seek full compensation for the actual loss suffered where such loss exceeds the aforementioned amount, as well as any measures necessary to bring the infringement to an immediate halt.

The Customer acknowledges that this clause is justified by the strategic value of the content, methods, protocols, products, educational investments, development investments, intangible assets, brand elements and know-how specific to METCARE®.

57. Regulatory compliance and the Client’s liability

The Client remains solely responsible for ensuring that their business activities, practices, services, representations, authorisations, insurance cover, and ethical, regulatory, tax, social security, administrative and professional obligations comply with the applicable legislation in the country in which they practise or reside.residence.

In particular, it is the Client’s responsibility to ensure that the use of the services, training courses, methods, protocols, tools, products or content offered by the Company is compatible with their level of qualification, professional status, area of expertise, legal obligations and the rules applicable to their business.

The Company shall not be held liable for any use of its services or content by a Customer who does not possess the necessary authorisations, qualifications, licences, insurance or permits.

58. Lack of exclusivity

Sauf stipulation expresse, écrite et signée par la Société, aucune commande, inscription, participation à une formation, souscription à un service, achat de produit ou accès à une méthode ne confère au Client un droit d’exclusivité territoriale, sectorielle, commerciale, pédagogique ou relationnelle.

The Client acknowledges that the Company remains free to offer its services, products, training courses, methods, protocols or support to any other person, company, partner or professional, including within a similar sector, town, region or field of activity.

No exclusivity may be inferred solely on the basis of the contractual relationship, commercial communications, prior correspondence or the nature of the service subscribed to.

59. Tolerance and non-waiver

The fact that the Company does not, at any given time, rely on any provision of these General Terms and Conditions of Sale or on a breach by the Customer shall not be construed as a waiver of the right to rely on such provision or breach at a later date.

Any tolerance, failure to act or lack of response on the part of the Company, even if repeated, shall not be deemed to constitute an amendment to these Terms and Conditions, nor a waiver of any right, remedy or contractual protection.

60. Assignment or transfer of the contractual relationship

The Customer may not assign, convey, transfer or delegate, in whole or in part, the rights and obligations arising from the contractual relationship with the Company without the Company’s prior written consent.

The Company reserves the right to assign, transfer, contribute or delegate, in whole or in part, the performance or management of its rights and obligations to any affiliate, associated company, group entity, successor, assignee or purchaser, subject to compliance with the applicable legal provisions.

61. Reference language

These General Terms and Conditions of Sale are written in French.

Where appropriate, they may be translated into one or more other languages for convenience or information purposes.

In the event of any contradiction, difference in interpretation or difficulty in interpreting a translated version and the French version, only the French version shall be deemed authentic between the parties.

62. Entire agreement

These General Terms and Conditions of Sale, supplemented where applicable by the sales page, the order form, the accepted quotation, the invoice, any special terms and conditions, specific authorisations, forms validated by the Customer and any contractual documents expressly accepted by the parties, constitute the entire agreement between the Company and the Customer.

They supersede and nullify, in respect of the same matter, any previous exchange, proposal, discussion, correspondence, presentation or undertaking, whether oral or written, between the parties.

No statement, promise, representation or communication that is not expressly incorporated into the accepted contractual documents may be held against the Company.

63. Prior attempt at amicable resolution

In the event of any difficulty, dispute or litigation relating to the interpretation, performance or validity of these General Terms and Conditions of Sale or the services provided by the Company, the parties undertake to seek, as a matter of priority, an amicable solution.

Customers are requested to submit any complaints or requests for clarification to the Company in writing, using the contact details set out in these Terms and Conditions, so that the matter can be investigated and an amicable solution sought.

Where the Customer qualifies as a consumer under applicable law, they may also, if they so wish, make use of a consumer mediation scheme in accordance with the regulations in force, without prejudice to their right to bring the matter before the competent courts.

If the attempt at amicable resolution fails, the dispute may be brought before the competent courts in accordance with the provisions set out in the article on applicable law and jurisdiction.