Terms and Conditions B2c

    <strong>OBJECT AND SCOPE OF APPLICATION</strong>

1.1. These general terms and conditions of sale (hereinafter referred to as the “T&Cs”) apply automatically to any order made by a non-professional customer (hereinafter the “Customer”) with the limited liability company TED JORDAN, whose registered office is established at Clos Bois Lemoine 24, 4870 Trooz, Belgium and registered with the BCE under the number 0821.899.014 (hereinafter “the Supplier”) for e-learning training accessible from the website www.tedjordan.org (hereinafter the “Website”).

Tel: +32479136625 Email address: info@tedjordan.org

1.2. The Customer acknowledges having read these T&Cs before placing an order. The validation of any order implies unreserved acceptance of the T&Cs by the Customer.

1.3. These T&Cs are accessible at all times on the website and will, where applicable, prevail over any other version or any other contradictory document.

1.4. The T&Cs may be modified and updated by the Supplier at any time.

1.5. The applicable T&Cs are those in force at the time of the order.

Definitions

1.6. “Consumer”: refers to any natural person acting for purposes that are outside the scope of his/her professional activity.

1.7. “Training”: refers to a structured and specific learning program offered by the Supplier for educational or skill development purposes. This training can include modules, courses, lessons, activities, assessments, educational materials, and other resources designed to enable learners to acquire knowledge or skills in a particular field.

1.8. “Training Contents”: refer to all supports, documents, materials, courses, videos, texts, illustrations, software, and other similar items used to deliver the Training.

1.9. “Service(s)”: refers to all services, resources, and activities provided by the Supplier within the framework of its online training programs.

ORDER

2.1. Any online order placed by a Customer on the Website for training constitutes a contract between the Parties.

2.2. Any natural person as defined in article I.1, 2° of the Economic Law Code acting for purposes that are outside the scope of his/her commercial, industrial, craft, or liberal activity is a consumer.

2.3. Any person placing an order on the Website not acting within the scope of his/her professional activity is therefore subject to consumer law.

2.4. The Customer asserts that they are acting exclusively for non-professional purposes. In the event of a change in this situation, the Customer undertakes to immediately notify the Supplier.

2.5. The Customer can place an order via the Website by selecting the desired training(s) and filling out the online order form.

2.6. Right of withdrawal – In accordance with the legal provisions in force, the Customer essentially has a right of withdrawal allowing them to cancel their order without having to give any reason, within fourteen (14) days from the conclusion of the contract.

2.6.1. In accordance with Article VI.53. of the Economic Law Code, the Customer’s right of withdrawal is, however, excluded in the following case:

 

13° the contracts for the provision of digital content not supplied on a tangible medium, if the execution has begun and, if the contract obliges the consumer to pay, when:

a) the consumer has given his/her express prior consent for the execution to begin during the withdrawal period;

b) the consumer has acknowledged that he/she will thereby lose his/her right of withdrawal; and

c) the company has provided a confirmation in accordance with Article VI.46, § 7.

 

2.6.2. Waiver of the right of withdrawal – The Customer is informed that in the event they decide to start the training before the end of the withdrawal period, they expressly declare to waive their right of withdrawal.

To proceed with the waiver of their right of withdrawal, the Customer must fill out a specific waiver form, available on the Website, before starting the training.

Once the form is filled out and signed, the Customer will no longer be able to benefit from their right of withdrawal.

If the Customer does not fill out this waiver form, they can only access the training after a period of 14 calendar days from the formation of the contract.

 

 

REQUEST FOR WAIVER OF THE RIGHT OF WITHDRAWAL

I, the undersigned:

Hereby request the SRL TED JORDAN to begin the training within the 14-calendar-day withdrawal period. I acknowledge having been informed that I will lose my right of withdrawal once the service has begun.

Done at:

Date:

Signature:

2.7. Confirmation – The Supplier shall provide the Client with a confirmation of the Contract that has been agreed upon, electronically, on a durable medium, within a timeframe deemed reasonable after the conclusion of the Contract. This confirmation will be provided at the latest before the Client accesses the content of the courses he has selected. If necessary, the Supplier will provide confirmation of the Client’s express prior agreement for the immediate execution of the Service, as well as the acknowledgment of the waiver of his right of withdrawal.

3. PRICE

3.1. The prices for each course are displayed on the Site. The prices are expressed in euros, inclusive of all taxes.

3.2. The Supplier reserves the right to modify the prices of the courses at any time.

4. PAYMENT TERMS

4.1. The Client selects the desired course and proceeds with payment at the rate in effect at the time of the order.

4.2. Payment for e-learning courses is made in cash, without discount, using the following options:

• Payment by a valid credit card
• Payment by bank transfer using the following details: XXXXXXX Payment by transfer must be made within the agreed timeframes, taking into account any transaction fees which will be borne by the Client.

4.3. The parties agree that the course will be accessible or will commence after the payment has been validated by the Supplier. The transaction date indicated on the account statements issued by the Supplier is deemed to correspond to the actual date of payment.

4.4. In case of payment by bank transfer, the time to access the course may be affected by the time taken to receive and validate the transfer by the Supplier.

4.5. The Supplier reserves the right to decline any order or suspend access to the course in case of non-payment, partial payment, or if payment issues are detected.

5. ACCESS TO THE SERVICE

5.1. The Client must ensure, both prior to and throughout the use of the service, that his technical environment remains compatible with the Site. He cannot subsequently claim, following the prior test, any incompatibility or lack of access to the courses.

5.2. The Supplier grants the Client personal and non-transferable access to his personal space on the Site. The Client will have access to the courses for which he has registered from this personal space.

5.3. Access to the courses for which the Client has registered is guaranteed for a period of six (6) months from the day of receipt of payment by the Supplier.

They are, in principle, available 24 hours a day, 7 days a week during this period, except for interruptions, scheduled or otherwise, for maintenance needs or in the event of force majeure.

Beyond this six (6) month period, the Supplier does not guarantee access to the courses for which the Client has registered in any way.

5.4. The Client is invited to contact the Supplier in case of difficulties accessing the course using one of the communication means specified in point 1.1.

5.5. The Client is responsible for maintaining the confidentiality of his access information, including his username and password. He undertakes not to share his access information with third parties and not to allow other people to access his personal space using his access details. It is also up to the Client to implement all necessary precautions to protect and preserve his personal identifiers.

5.6. The Client is aware that the Site and the content of the courses can be updated at any time by the Supplier. Some features or content may be modified or removed during these updates without notice. The Client is informed of updates to the Site and/or the content of the courses.

5.7. The Supplier reserves the right to suspend or terminate the Client’s access to his personal space on the Site in case of a violation of these general terms or any misuse.

5.8. In case of termination of access to his personal space, the Client will not be entitled to any refund.

6. LIABILITY

6.1. Technical Malfunction – In the event of a technical malfunction preventing access to the courses, the Supplier will strive to resolve the problem as soon as possible.

The Supplier cannot be held liable for any potential damages, losses, or harm suffered by the Client due to these technical malfunctions.

6.2. Maintenance – The Supplier reserves the right to temporarily interrupt access to the courses for maintenance reasons, without any compensation being owed to the Client.

6.3. Anomaly and Non-compliance – In case of detected anomalies or non-compliances in the Training Content, the Supplier strives to correct these issues within a reasonable time frame from notification by the Client.

The Supplier cannot be held liable for any indirect, consequential, or special damages resulting from these anomalies or non-compliances.

6.4. Limitation of Liability – To the extent permitted by applicable law, the Supplier limits its liability to 100 € or the total amount paid by

6.5. Liability Exclusions – The Supplier disclaims all liability for errors, omissions, inaccuracies, or outdated content within the Training Content. The Supplier also does not guarantee that the training meets the specific needs of the Client. The Client uses the Training Content at their own risk.

6.6. Liability Waiver – The Supplier disclaims all responsibility in the event of interruption, suspension, or termination of access to the training for reasons beyond its control, such as cases of force majeure or unforeseen circumstances.

6.7. Indemnification – The Client agrees to indemnify and hold harmless the Supplier, its directors, employees, agents, and partners, against any claims, liability, costs, damages, and expenses resulting from the use of the Training Content, in violation of these general conditions or any applicable law.

6.8. Disclaimer Clause – The training is provided “as is,” and the Supplier disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and security. The Supplier does not guarantee that the Training Content will be free from errors, viruses, or other harmful components. The Client uses the Training Content at their own risk.

7. FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES

7.1. Force Majeure – The Party affected by a Case of Force Majeure (“Affected Party”) will not be deemed to be in default of the Contract or liable to the other Party due to a delay in performance or non-performance of any of its obligations, to the extent that this delay or non-performance is due to a Case of Force Majeure. The timeframe for the fulfillment of the hindered obligation shall be extended accordingly. The Case of Force Majeure cannot be invoked for payment obligations. The Case of Force Majeure correspondingly suspends payment of the impacted/hindered obligations. The Affected Party must, as soon as reasonably possible, notify the other Party in writing of the occurrence of a Case of Force Majeure, its start date, and the impact of this Case of Force Majeure on its ability to fulfill its obligations. Upon cessation of the Case of Force Majeure, the Affected Party will promptly notify the other Party of this cessation and resume performance of the affected obligations. If a Case of Force Majeure persists for thirty (30) consecutive days or more, either Party may terminate the part of the Contract related to the Affected Services on a specified date in a written termination notice to the other Party.

7.2. Case of Force Majeure refers to the occurrence of an act or event beyond the reasonable control of the Affected Party, making the performance of the Contract by the Affected Party impossible or excessively difficult or unreasonably costly in light of the Contract. This includes, but is not limited to: (i) explosions, fires, floods, earthquakes, catastrophic weather conditions, diseases, epidemics, and pandemics, including Covid-19 or monkeypox, or natural disasters; (ii) acts of war (declared or not), acts of terrorism, insurrections, riots, civil disturbances, rebellion, or sabotage; (iii) acts emanating from local, regional, national, foreign, or international authorities or jurisdictions, states of emergency, or legislative changes; (iv) social conflicts, lockouts, strikes, or other national-level claim actions; and (v) failures or fluctuations in electricity or telecommunications services or equipment or other essential infrastructures, expropriation, deprivation, or destruction, wholly or in part, of equipment or property necessary to provide the Services (such as cables) not due to a maintenance default.

7.3. Unforeseen Circumstances – In the event of unforeseen and/or unpredictable circumstances at the time of the Contract’s conclusion, making the Supplier’s obligations significantly and excessively more burdensome, the Supplier has the right, at any time, to request a revision of the affected parts of the Contract. These circumstances must not be attributable to the Supplier, and the Supplier must not have agreed to assume the risk under the Contract. During the renegotiation period, the Parties continue to fulfill their obligations. If, after a period of one (1) month from the revision request, the Parties cannot agree on such a revision, either Party may escalate the discussion as provided by the dispute resolution procedure. If the Parties fail to reach an agreement, the Supplier may, with thirty (30) days written notice, terminate the affected parts of the Contract without compensation, costs, or expenses payable to the Client. This clause may apply, but is not limited to, due to an increase in raw material prices (including energy, etc.). To avoid any doubt, the Client cannot oppose the Supplier’s right to invoke this clause by arguing the Parties’ knowledge, at the time of the Contract’s conclusion, of an event affecting the producing countries of said raw materials.

8. INTELLECTUAL PROPERTY

8.1. The Supplier holds all intellectual property rights related to the training content provided in the e-learning courses, including but not limited to videos, texts, images, documents, teaching materials, and other resources (hereinafter collectively referred to as “Training Content”). The Client acknowledges that all these intellectual property rights relating to the Training Content remain the exclusive property of the Supplier and are protected by copyright worldwide.

8.2. The Client acknowledges and agrees that access to the Training Content does not confer any intellectual property rights to the Client, except for the limited right to access said Training Content under these general conditions.

8.3. The Client undertakes not to infringe upon the Supplier’s intellectual property rights.

8.4. The Supplier reserves the right to take any necessary action to protect its intellectual property rights in case of a breach of these terms.

8.5. The Client may not use the Training Content for purposes other than those explicitly provided for by the training for which they registered.

8.6. The Client is not authorized to reproduce, distribute, modify, translate, adapt, transmit, publish, sell, or exploit in any way the Training Content without the Supplier’s prior written permission.

8.7. The Client may not share, disclose, sell, rent, loan, or transfer in any manner their access rights to the Training Content to third parties.

9. SEVERABILITY

9.1. The provisions of these terms are deemed severable. If any provision of these general conditions is declared null, invalid, or unenforceable by a court, it shall not affect the validity or applicability of the remaining provisions. The Parties agree that any provision declared null, invalid, or unenforceable will be interpreted and replaced by a valid and enforceable provision that closely approximates the Parties’ original intent as expressed in the original provision.

10. GOVERNING LAW AND JURISDICTION

10.1. In case of a dispute, only Belgian law will apply, excluding rules of conflict of laws.

10.2. Unless otherwise required by mandatory law, any dispute related to the validity, interpretation, performance, or non-performance, breach of the Contract falls under the exclusive jurisdiction of the courts of Liège, Liège division, even in case of warranty claims or multiple defendants or claimants.