General Terms of Use and Sale

Welcome to Mudey Formation, an online training platform published by Espero-Soft Informatiques SRL, Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgium, company number BE 1033.022.383, RPM Brussels.

These general terms govern access to the platform, the use of its features and the purchase of online courses. They apply to every user, whether acting as a consumer or as a professional. The provisions expressly reserved for consumers apply only to natural persons acting for purposes outside their professional activity.

By creating an account or placing an order, you confirm that you have read, understood and accepted these terms as well as our privacy policy. If you do not accept them, you must not use the platform.

These terms are communicated to you before any order and remain permanently accessible on this page. We invite you to save or print them.

Our services are intended for persons aged at least sixteen (16). Minors aged 16 to 18 may only create an account and place an order with the prior agreement of the holder of parental responsibility, who accepts these terms on their behalf and remains responsible for the use of the account.

We reserve the right to close any account which we find to have been created by a person who does not meet the age requirement.

To access certain features, you must create an account. You undertake to:

• •Provide accurate, complete and up-to-date information, and keep it so
• •Maintain the confidentiality of your login credentials
• •Assume responsibility for the activities carried out from your account, except in the event of fraudulent use not attributable to you
• •Inform us without delay of any unauthorised use of your account at info@mudey.fr

You undertake to use the platform responsibly and in accordance with the law. In particular, it is prohibited to:

• •Share your account or your credentials with third parties
• •Download, copy, resell or redistribute course content without written authorisation
• •Circumvent the technical content protection measures
• •Use robots, scrapers or any other automated means to access the platform or extract content from it
• •Disrupt or attempt to disrupt the operation or the security of the platform
• •Publish or distribute content that is illegal, defamatory, hateful, or that infringes the rights of third parties

The platform hosts courses produced by independent instructors. This content does not emanate from Mudey Formation and binds only its authors. We do not exercise systematic prior editorial control over all content published online.

In accordance with Article 16 of Regulation (EU) 2022/2065 on digital services (DSA), you may report any content that you consider to be illegal to info@mudey.fr, indicating the URL concerned, the reasons for the report and your contact details. We acknowledge receipt without delay, handle each report in a diligent, non-arbitrary and objective manner, and inform you of the decision taken as well as of the means of redress.

In accordance with Article 23 of the DSA, and after prior warning, we suspend users who frequently provide manifestly illegal content, as well as those who frequently submit manifestly unfounded reports.

All content available on Mudey Formation (videos, texts, graphics, logos, software and databases) is protected by intellectual property law and remains the property of Mudey Formation, its instructors or its partners.

The purchase of a course does not transfer ownership of it to you: it grants you a personal, limited, non-exclusive, non-transferable and non-sublicensable licence, allowing you to access the content and consult it for strictly personal learning purposes, for the term provided for in Article 15.

When you purchase a course on our platform:

• •All prices are displayed in euros (€), all taxes included
• •For consumers in the European Union, the applicable VAT is that of your country of habitual residence, in accordance with the VAT regime for electronically supplied services. The exact amount appears on the summary displayed before payment and on your invoice
• •The applicable price is the one displayed at the time your order is confirmed
• •Payments are processed securely by Stripe Payments Europe Ltd. We neither collect nor retain any bank card data
• •An electronic invoice is issued to you after each order
• •Your order is only final after confirmation of payment, which we send to you by email

If you are acting as a consumer, you have a period of fourteen (14) calendar days from the conclusion of the contract to withdraw, without having to give reasons for your decision and without cost, in accordance with Articles VI.47 et seq. of the Belgian Code of Economic Law.

To exercise your right of withdrawal, you simply need to notify us of your decision by an unambiguous statement, sent to info@mudey.fr or by post to our registered office. You may use the model form below, although its use is not mandatory. We will reimburse you in full for all sums paid no later than fourteen (14) days after being informed of your decision, using the same means of payment as that used for your order, at no cost to you.

Independently of the statutory right of withdrawal described in Article 9, and in addition to it, we offer a thirty (30) day commercial refund guarantee:

• •The request must be submitted within thirty (30) days following the purchase, to info@mudey.fr
• •You must not have viewed more than 30% of the course content
• •The refund is made within fourteen (14) days to the original means of payment
• •Access to the course is closed as soon as the refund is made

We are legally required to supply you with digital content that conforms to the contract. A course is non-conforming in particular if it does not correspond to its description, if it does not have the qualities that you may legitimately expect, or if it is durably inaccessible.

In the event of a lack of conformity, you are entitled, free of charge, to have the content brought into conformity and, if this is impossible or does not occur within a reasonable time, to a proportionate reduction of the price or to termination of the contract, in accordance with Articles VI.83/1 et seq. of the Code of Economic Law. This legal guarantee applies throughout the entire period during which the course is supplied and is distinct from the commercial guarantee described in Article 10.

A certificate of completion is issued to students who complete a course in its entirety. This certificate attests to your participation in and completion of the course.

If you wish to publish courses on our platform:

• •You must submit an application and be approved by our team
• •You retain all intellectual property rights in your content
• •You grant us a non-exclusive, worldwide licence to distribute your content on the platform, for the duration of its publication online and for the time necessary to perform the access already sold
• •You warrant that you hold all necessary rights in the content published and that it infringes no third-party rights
• •Revenues are shared according to the terms of our instructor agreement, which supplements these terms

We endeavour to ensure continuous access to the platform, without being able to guarantee uninterrupted availability. Interruptions may occur for reasons of maintenance, updating, or in the event of force majeure. We inform you in advance of scheduled maintenance where this is reasonably possible.

Unless otherwise stated on the course page, your access to a purchased course is granted for an unlimited duration, which is understood as the duration of operation of the platform.

Should we permanently withdraw from our catalogue a course to which you have access, we would inform you at least thirty (30) days in advance and would allow you to download the available downloadable materials. If this withdrawal occurs within twelve (12) months following your purchase, a refund pro rata to the remaining period will be offered to you.

Mudey Formation endeavours to provide accurate and up-to-date content, but does not guarantee that the courses will meet any particular professional or personal objective, nor that they will produce a specific result. We are not liable for indirect damage, such as loss of opportunity, of profit or of data, resulting from use of the platform.

You may close your account at any time from your profile settings, without cost or justification.

We may suspend or terminate your account in the event of a serious or repeated breach of these terms. Except where required by law, by an injunction from an authority or by a serious security threat, we send you a prior warning and allow you a reasonable period to remedy the breach.

In accordance with Articles 17 and 20 of Regulation (EU) 2022/2065 (DSA), any decision to suspend, terminate or remove content is notified to you with a clear and specific statement of reasons. You have a period of six (6) months to contest it free of charge by writing to info@mudey.fr; your complaint is then examined by a person who did not take part in the initial decision.

In the event of termination of your account at our initiative without any breach on your part, we will refund you pro rata for the courses to which you lose access.

Any complaint may be sent to us at info@mudey.fr. We undertake to acknowledge receipt within five (5) business days and to provide a reasoned response within one (1) month.

If our response does not satisfy you, you may, as a consumer, refer the matter free of charge to the Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, www.mediationconsommateur.be, which will direct your request to the competent out-of-court dispute resolution entity. Recourse to mediation is optional and in no way deprives you of the right to bring proceedings before the courts.

We may amend these terms, in particular to take account of legal or technical developments or changes to our offering. Any substantial modification is notified to you by email and on the platform at least thirty (30) days before it takes effect.

If you refuse the modification, you may close your account free of charge before it takes effect. In any event, the courses you have already purchased remain governed by the terms in force at the time of purchase.

• •Partial invalidity: if a clause of these terms is held to be void, unfair or unenforceable, it is deemed unwritten and the other clauses retain their full effect.
• •Assignment: you may not assign your rights under these terms without our written agreement. We may assign the contract in the context of a reorganisation or a transfer of business, without this reducing your rights.
• •Force majeure: neither party is liable for a breach resulting from an event reasonably beyond its control.
• •Language of the contract: these terms are available in French, Dutch and English. In the event of a divergence in interpretation, the French version prevails, without prejudice to your right to rely on the version drafted in the language of your country of residence.
• •Entire agreement: these terms, the privacy policy and, where applicable, the instructor agreement constitute the entire agreement between you and us.

These terms are governed by Belgian law. If you are acting as a consumer residing in another Member State of the European Union, this choice may not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence (Article 6 of Regulation (EC) No 593/2008, known as “Rome I”).

For any question concerning these terms, you may contact us at: