Last updated: December 1, 2022
Welcome to the Mounra website.
Before making any purchase, please accept our terms and conditions of sale and use above.
For any questions, please do not hesitate to contact us by email: [email protected]
Article 1. DEFINITIONS
• “Companies; we”: refers to Rubicon Marketing LLC
Rubicon Marketing, a service provider, is a company with its headquarters located at 1309 Coffeen Avenue, Sheridan WY 82801, United States, registered under the identification number 38-4244387
• “Site”: refers to the website accessible from the URL link https://www.mounra.com/ and any associated sub-sites, published by the Company to present and sell its various services.
• “User”: refers to any person who uses the Site.
• “Training”: refers to the paid online training courses and the three-month individual support sold on the Site by Rubicon Marketing LLC
• “Additional Coaching”: refers to the support offers by the Company offered as an option to Clients as part of the Training.
• “Service”: refers indiscriminately to the various types of services provided by the Company (Training, Additional Coaching).
• “Client; you”: refers to the individual or legal entity subscribing to a subscription with the Company. Clients may be individuals or professionals.
• “General Terms and Conditions; T&C”: refers to the conditions applicable to the contractual relationship between the Company and its Clients, which include these terms and any annexes, as well as any element of the Site to which they may refer.
• “Partner”: refers to any third party to the Company to whose site it may be referred to as part of the Service.
Article 2. PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions aim to define the conditions of supply and purchase of online training for professional or consumer clients and non-professional French-speaking users, which includes the terms of use of the Site of the network https://www.mounra.com, and the training platforms published and provided by the Company.
Preliminary remark: Any use of the sites and platforms to benefit from the Service implies acceptance and compliance with all the terms of these General Terms and Conditions.
Access to the T&C: The General Terms and Conditions are accessible at any time on the Website and will prevail, if applicable, over any other version. These General Terms and Conditions take effect from their update date indicated at the top of these terms.
Acceptance of the T&C: The acceptance of the General Terms and Conditions is made at the time of the Client’s order confirmation. By proceeding with payment, the Client indicates that they accept without reservation these General Terms and Conditions. The Client who accepts the General Terms and Conditions guarantees they are capable of contracting under the law of their country of residence. The Client subscribes to a subscription for personal purposes only and declares not to resell, distribute, or rent to third parties the products and services received as part of the various subscriptions. The Client who does not comply with this commitment is subject to prosecution.
By accepting this, the Client acknowledges that, prior to any order, they received sufficient information and advice from the Company on the Site, allowing them to ensure the suitability of their order’s content to their needs.
Article 3. DESCRIPTION OF SERVICES
Training. For a detailed presentation of the Training offered by the Company, the Client is invited to visit the website https://www.mounra.com.
Additional Coaching. Additional Coaching is provided at a monthly price, the amount of which is indicated at the time of subscription. It is a monthly subscription that can be canceled at any time. The Company reserves the right to offer a free trial period or at a reduced rate for any other duration indicated at the time of order. The Client must have a personal Facebook account to subscribe to Additional Coaching and receive an invitation to a private group. The subscription to Additional Coaching includes:
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Access to the dedicated Facebook group for assistance among those trained under the Training;
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Organization of Q&A sessions, and dissemination of exclusive videos to Training members.
When the expected answers are provided in the Training, the Company reserves the right to refer the Client to the relevant module references. The Company may create multiple private groups based on registration date ranges or versions of the Training. Additional Coaching only includes access to the private group indicated at the time of order.
Article 4. ORDER
Order entry. To place an order, the Client is invited to enter their personal details (name, first name, address, etc.), then select the Service according to their preferred payment method and provide their banking details.
By checking the box provided for this purpose before implementing the online ordering procedure as well as the terms and conditions of use of the website https://www.mounra.com, the Client declares that they have read these General Terms and Conditions of Sale and have accepted them.
Verification of the order before validation. The Client verifies the summary information of their order before validating it and proceeding to the payment phase using the double-click method. The first click validates the order, and the second click confirms the order definitively after it has been verified and, if necessary, corrected.
When your payment card has been pre-registered, and you have provided your billing details and email address, you can place an order in a single step subject to these GTC, which formalizes the contract with the Company.
Order confirmation. After placing an order, the Client receives a confirmation email providing information about the order and a link to the general conditions applicable to their order. Once confirmed and accepted by the Company under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal, force majeure, exercise of a commercial warranty, or any other case provided for in these General Terms and Conditions, the law, or an enforceable court decision.
The sale will only be considered final after the Company sends the Client a confirmation of acceptance of the order, which is evidenced by the sending of an email and after receipt of either the full price or the first installment in the case of staggered payments or subscription.
Pricing conditions. The Service is provided at the rates in effect on the Site at the time of the Client’s order registration by the Company.
Special offers. The Company reserves the right to offer limited-time launch offers, promotional offers, or price reductions on its service offerings and to revise its offers and prices on the Site at any time under the conditions provided by law.
Article 5. PAYMENT OF THE ORDER
The price is payable by the payment methods available on the Site, as indicated on the order page.
The Client can pay for their order online by credit card, i.e., by bank debit using the payment systems and services provided, which are secure services offered by third parties to the Company. In this case, the payment is made by debit from the provided credit card information or by SEPA direct debit, according to the payment method and identity verification process determined by the payment service provider and any choices made by the Client.
The commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Client authorizes the Company to charge their card the amount related to the indicated price. The Client guarantees that they are of legal age, that they are the legal holder of the card to be charged, and that they are legally entitled to use it. In case of error or inability to debit the card, the sale is immediately canceled by right, and the order is nullified.
The Client can pay for their order online by credit card, i.e., by bank debit using the proposed payment systems – including Stripe – which are secure services provided by third parties to the Company. In this case, the payment is made by debit from the provided credit card information or by SEPA direct debit, depending on the payment method offered by the payment service provider and the Client’s choice.
The Client’s payment information during the order and payment by credit card is subject to automated data processing by the secure payment provider STRIPE (https://stripe.com/fr/payments/payment-methods-guide#cartes), with the Company reserving the right to use any other payment service provider (PSP).
According to the information provided by the order analysis system, the Company may contact the Client to request additional documents to process the payment of the order. Providing these documents is necessary for order validation.
To combat credit card fraud, a visual verification of payment methods may be carried out by the Company’s customer service before granting access to the ordered Service.
Providing the credit card number online and the final validation of the order will serve as proof of the entire order and will make the amounts listed on the order form payable. Validation of the order, implying acceptance of these T&Cs, constitutes a signature and express acceptance of all operations carried out on the Site. However, in the case of fraudulent use of their credit card, the Client is advised, upon discovering this use, to contact us, without prejudice to any steps the Client must take with their bank.
Once the payment by credit card is completed and valid, access to the training is sent automatically and instantly.
In the case of bank transfer or PayPal, when the Company provides for this on the order page, access codes to the Training will only be sent upon receipt of payment, generally within 24 hours.
Article 6. COMMERCIAL WARRANTY
The Company may offer a commercial warranty of the “satisfaction or refund within 24 hours” type at the time of ordering.
When specified on the Site at the time of the Client’s order, the Client who is not satisfied with the Training has the option to be fully refunded within 24 hours after the order validation and the provision of access codes to the Platform. This warranty applies provided that no more than 30% of the Training videos have been viewed. Beyond this, the Client will no longer be entitled to any refund, and the Company may refer to the login logs to exclude the warranty.
The Company reserves the right to offer any other type of warranty, including as part of special offers, with specific conditions of application and validity period provided to the Client. The Company reserves the right to refuse any order if it appears that the User has previously requested a warranty, or to restrict or not provide any non-cumulative offers, and not to provide any specific commercial warranty.
Article 7. RIGHT OF WITHDRAWAL
The consumer Client (or non-professional in some cases) may withdraw from these General Terms and Conditions without providing any reason within one (1) day. The withdrawal period expires one day after the conclusion of the contract. This is a consumer right (and non-professional in some cases) that applies regardless of any commercial warranty.
To exercise the right of withdrawal, the consumer Client (or non-professional in some cases) must notify by email with acknowledgment of receipt and read receipt to the address [email protected], or by registered mail with acknowledgment of receipt, their decision to withdraw by means of a clear declaration. You can use the sample withdrawal form below and include “RIGHT OF WITHDRAWAL” as the subject of the email or letter, but this is not mandatory.
In case of the Client’s withdrawal from the Services, access rights are closed.
Amounts paid will be refunded as soon as possible and no later than fourteen days from the receipt of the notification of the Client’s intention to withdraw.
The Company will process the refund using the same payment method used for the initial transaction, unless the Client expressly agrees to a different method; in any case, this refund will not incur any charges for the Client.
By agreeing to these General Terms and Conditions and checking the relevant box, the Client agrees to benefit directly from the Service after ordering without waiting for the end of the withdrawal period but does not waive their right. In case of exercising the right of withdrawal, the Client will pay the Company an amount corresponding to the service provided up to the communication of their decision to withdraw. This amount is proportional to the total price of the service agreed upon at the time of the order and can be calculated based on the Coaching time and/or the percentage of Training content consulted (logs). If the total price is excessive, the appropriate amount is calculated based on the market value of what has been provided. Otherwise, the Client retains their right of withdrawal under the aforementioned conditions.
Article 8. ACCESS TO SERVICES
**Access to the Site.** The Site is freely accessible to anyone with internet access. All costs related to accessing the Site, including hardware, software, or internet access fees, are solely the responsibility of the Users. The User is solely responsible for the proper functioning of their computer equipment and their internet access.
**Access to Services.** The Client provides the necessary information for the provision of Services at the time of the order and ensures its accuracy (name, first name, address, email, phone number). The Client guarantees the Company against any false identity and cannot hold the Company responsible for any failure resulting from the inaccuracy of the information provided by the Client.
The Company will provide the Client with access codes to the Services electronically no later than 48 hours after the effective payment of the order under the specified payment conditions. Any identification/access code provided by the Company to Clients is strictly personal, individual, confidential, and non-transferable. The Client is responsible for the confidentiality of their access codes and is prohibited from any dissemination. The Client will be held liable for any unauthorized, fraudulent, or abusive use of their access codes and rights. The Client will promptly inform the Company of any loss or theft of access keys. In case of violation of access rights, the Company reserves the right to suspend the Site, without compensation, notice, or prior information.
**Respectful behavior.** Any contribution space on the Site or on social networks provided to Clients as part of the Service – including Coaching – must be used in good faith, and the Client is prohibited from any defamatory, threatening, hateful, intolerant, obscene, etc. speech and any publication likely to infringe on the rights of third parties or contrary to the law.
The Company reserves the right to refuse access to all or part of the Services or to limit access rights to the Services, unilaterally and without prior notice, to any Client who does not comply with the General Terms and Conditions.
**Service interruption.** The Company reserves the right to interrupt, temporarily suspend, or modify without notice, access to all or part of the Site, to ensure maintenance (including updates), for security reasons, or for any other legitimate reason, without any obligation or compensation.
The Company makes reasonable efforts to ensure continuous and quality access to the Site but is not obligated to achieve this. Specifically, the Company cannot be held responsible for any network or server malfunctions or any other event beyond reasonable control that would prevent access to the Site.
In case of a lasting malfunction of a network or service provider, the Company undertakes to offer a replacement solution to ensure the continuity of the Service.
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Article 9. DURATION OF THE SERVICE
The Service begins on the date indicated on the Site at the time of the Client’s order. The Service is provided for the duration specified on the Site at the time of the Client’s order. Essential information regarding the start and duration of the Service is provided to the Client in the summary of their order. In any case, the Training is provided for at least three months from the grant of access rights and with no time limit from the grant of access rights.
Additional Coaching is provided as a monthly subscription, which can be canceled at any time for the following month, provided that a notice period of at least three calendar days before the next payment/deduction date is observed. Cancellation must be requested by the Client to the Company via an unambiguous email sent to [email protected], specifying the order confirmation date and the Facebook pseudonym used to access the group. In case of cancellation, the Client’s access rights to the support group will be closed, but not those to the Training.
Article 10. PERSONAL DATA PROTECTION
The Company respects your privacy and is committed to ensuring that the collection and automated processing of your data, which is intended for commercial prospecting, order management, and Service delivery, carried out from the Sites and the Platform, comply with the General Data Protection Regulation (GDPR) and the Data Protection Act.
By entering their email address on the Site or Platform, including registering for a training or free module or after canceling an order, the User and/or Client will receive emails related to the subject of the list they subscribed to. The User can unsubscribe at any time by informing the Company at the following email: [email protected], or by clicking the unsubscribe link in the email.
The Company tracks Site and Platform traffic and uses tools such as Google Analytics. This data helps to improve the user experience, personalize it based on frequent User requests, and process and execute Client orders.
The User is informed when the information requested in the forms available on the Site or Platform is mandatory and necessary to process User requests. Failure to complete a mandatory field will result in the Company being unable to process the Client’s requests.
Data is processed for as long as necessary to achieve the purpose for which it was collected, including legal, accounting, reporting, or proof requirements for dispute management.
Individuals concerned by personal data processing carried out by the Company have the right to access, rectify, and delete their data and can oppose processing for legitimate reasons. To exercise these rights, contact the Company by email at [email protected].
Clients can refer to the Company’s Privacy Policy for more information.
Article 11. THIRD-PARTY SITES – HYPERLINKS
The Client is informed that the Service may require access to other sites or platforms designed and managed by third parties. Any recommendations are provided for informational purposes only and the Company does not accept responsibility for third-party failures, including those recommended. Unless otherwise stated in these General Terms and Conditions, the Company does not exercise any control over the content of these sites and declines any responsibility for their content and the use made by third parties of the information contained therein.
When the User accesses third-party sites via hyperlinks present on the Sites to Partner sites, these are not governed by these General Terms and Conditions. The User is therefore invited to review the terms of use or sales, as well as privacy policies or any other legal information applicable to these sites.
Article 12. FORCE MAJEURE OR UNFORESEEABLE EVENTS
The Company cannot be held liable for any technical or software failures or causes beyond its control, including in the case of a high volume of access requests. The Company’s obligations under these Terms and Conditions are suspended in the event of an unforeseeable or force majeure event preventing their execution. The Company will inform the Client of the occurrence of such an event as soon as possible.
Force majeure or unforeseeable events include, but are not limited to, those usually recognized by the case law of French Courts and Tribunals: strikes or social conflicts internal or external to the Company, natural disasters, fires, telecommunications interruptions, energy supply interruptions, interruptions of communication or transport of any kind, or any other circumstance beyond the reasonable control of the Company.
In the event of the incapacity of the expert(s) in charge of the Service within the Company due to illness or accident, the Company reserves the right to modify the planned schedule without the Client being entitled to claim any compensation. The Company will inform the Client of this incapacity within a reasonable time and, if possible, of its duration.
Article 13. INTELLECTUAL PROPERTY
The Company holds all intellectual property rights related to the Sites and Platform, content, tools, and training materials provided that belong to or have usage rights. Access to the Sites and/or the Platform does not grant the User any rights to the intellectual property related to the Sites and the Platform, which remain the exclusive property of the Company or its Partners.
The Company’s content is provided strictly for the personal use of Clients. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, in any form, by any means, or exploit in any way, all or part of the content of the Sites or Platform without the prior written authorization of the Company. Unauthorized exploitation of all or part of the Sites and training platform by the Company or its Partners may result in appropriate action, including legal action for infringement.
In exchange for payment of the price at the time of the order, the content, information, and access to the Platform or any type of content that may be part of the Service provided are subject to a personal, non-transferable, and non-exclusive usage right for a limited duration, varying depending on the Service selected by the Client at the time of the order and any renewal of the Service. The Client is prohibited from using and exploiting the Service on behalf of others. They are responsible in the event of unauthorized transfer or disclosure of content or access codes.
The Client ensures the respect for the intellectual property rights of the Company or its Partners by all their agents who may have authorized access to the Service content and/or the Platform or be a User.
All distinctive signs of the Company are protected by law, and any unauthorized use by the Company may lead to legal action.
Failure to comply with this clause will be considered a serious fault by the Client harming the Company, which reserves the right to terminate the contract at the Client’s expense, without prejudice to any claim for damages.
Every User undertakes, under the same conditions, to respect the rights of other Users regarding content published as part of the Service and to make fair use of any confidential information provided within a Client group.
Article 14. EVOLUTION OF THE GENERAL TERMS AND CONDITIONS
The Company reserves the right to modify the terms, conditions, and statements of the General Terms and Conditions at any time and without notice, in order to adapt to changes in the Sites and/or their operation and the characteristics of access to the Service. The applicable terms are those sent to the Client in the case of distance sales by any other communication means on a durable medium.
Modifications to the General Terms and Conditions made by the Company will not apply to Services already subscribed, except for clauses related to the technical evolution of the Service, provided there is no increase in price or deterioration in quality and the characteristics to which the non-professional Client or consumer has committed.
The Client may also be invited to accept the modified General Terms and Conditions, and if not, the last accepted General Terms and Conditions continue to apply until the Service is fully executed. If the Company is unable to continue providing the Service under the previous conditions, the Client has the option to request the termination of the Service within a reasonable time and a refund. No refund can be made more than one year after the delivery of the Training. In any case, the Company may withhold an amount corresponding to the Service provided up to the termination, under the conditions provided by law.
Article 15. LIMITATIONS OF LIABILITY
Disclaimer: The Company does not provide state-recognized diplomas, such as an MBA or business school qualifications, or other. The Company does not act as a training organization within the meaning of the Labor Code. The Company does not provide so-called data-stacked training or training refundable by training organizations.
The use and exploitation of the information provided under the Service are the sole responsibility of the Client and at their own risk. All or part of the Services cannot be assimilated to personalized advice falling under the professions of lawyer, accountant, auditor, or any other regulated profession, which the Client expressly accepts. The Company cannot be held liable for any disputes between the Client and their own clients or any other third party related to the General Terms and Conditions concluded.
The Client declares and guarantees that the Service subscribed to with the Company is perfectly aligned with their objectives and needs and that they have received all necessary information for their purchase. The Company does not guarantee any minimum revenue for the Client. Any estimate of potential profit that the Client could make is merely indicative. Any “challenge” established as part of a Training does not constitute any guarantee of results or a minimum guaranteed revenue.
The User and/or Client is solely responsible for the interpretations they make of the information provided under the Services, the advice they deduce or have been given within the framework of the Services, and the adaptations made for their own activities.
The Company does not provide any express or implied guarantees, including but not limited to, the continuity, performance, results, or sustainability of benefits derived by the client from the training and/or coaching services, which fully depend on their concrete and effective implementation by the Client and are subject to uncertainty.
In this respect, the Client is expressly warned that any professional activity requires an appropriate legal status according to the law of their country. The Company does not provide a professional status to the Client, who is fully responsible for complying with the regulations applicable to the professional activity for which they subscribe to the Services, including
