Terms and conditions of service

The Terms and Conditions of Service of the website www.monade-alimentaire.fr (hereinafter the « ToS ») bind EDITIONS DINAMOND, a limited liability company whose registered office is at 3 Quai Lamennais, 35000 RENNES (Rennes Trade and Companies Register no. 423 747 542), represented by B. RIOU in his capacity as Managing Director, hereinafter referred to as « EDITIONS DINAMOND ».

The purpose of the ToS is to set out the terms and conditions on which EDITIONS DINAMOND provides the Services available on the website monade-alimentaire.fr (hereinafter « the Website »).

The Website offers a weight-loss programme designed by Dr Bruno ERIDA.

The Services of the Website are provided on the terms set out in the ToS.

ARTICLE 1. DEFINITIONS

Terms beginning with a capital letter within the ToS, whether used in the singular or the plural, shall have the meaning given to them below.

« Subscription » means the plan chosen by the User on the Website, which sets the term and the price paid for access to the Services;

« Personal data » means any information relating to an identified or identifiable natural person;

« Personal area » means the User's own digital account on the Website, reached using their credentials, which gives access to the Services and allows personal information to be added;

« Parties » means EDITIONS DINAMOND and the User together;

« LA MONADE ALIMENTAIRE Programme » means the programme created by Doctor Bruno ERIDA to help people who are overweight or living with obesity and whose Body Mass Index (BMI) is equal to or greater than 25 kg/m2 lose weight. The programme is also aimed at people whose Body Mass Index (BMI) is between 19.5 and 25 kg/m2 and who wish to slim down. The LA MONADE ALIMENTAIRE Programme is made up in particular of the following digital contents:

- The « LA MONADE ALIMENTAIRE » ebook;

- Ongoing support through a digital Personal area.

« Services » means the services provided by EDITIONS DINAMOND to Users who have taken out a Subscription on the Website on the terms set out in the ToS;

« Website » means the website available at the url < https://www.monade-alimentaire.fr > published by EDITIONS DINAMOND.

« User » means the person who has taken out a Subscription on the Website;

ARTICLE 2. ENTRY INTO FORCE AND TERM

By taking out a Subscription on the Website, the User accepts the ToS. If you do not wish to be bound by these ToS, you are not permitted to take out a Subscription or to access the Services.

The ToS are binding on the User, who acknowledges having read them at registration and having accepted them by ticking a box provided for that purpose.

The ToS take effect on the day the User accepts them by ticking the box provided for that purpose when taking out a Subscription on the Website.

The ToS apply until the expiry of the term of the Subscription chosen by the User, and where applicable extended by them.

The ToS are available at any time through a clickable link on the Website, and may be read directly by the User.

ARTICLE 3. CHANGES TO THE ToS

EDITIONS DINAMOND may have to amend the ToS unilaterally in order to keep pace with its technological and commercial environment and to comply with the regulations in force.

EDITIONS DINAMOND will notify any change to the ToS by email to holders of a Personal area on the Website.

Where the ToS are amended, the ToS that apply are those available online and accepted by the User on the day the Subscription was taken out.

ARTICLE 4. DESCRIPTION OF THE SERVICES

For the term of their Subscription, EDITIONS DINAMOND provides the User with Services allowing them to read, download and follow the digital contents making up the LA MONADE ALIMENTAIRE Programme.

All the Services are intended to help people who are overweight or living with obesity lose weight, that is to say people whose Body Mass Index (BMI) is equal to or greater than 25 kg/m2. The Services are also aimed at people whose Body Mass Index (BMI) is between 19.5 and 25 kg/m2 and who wish to slim down.

For the term of the Subscription, EDITIONS DINAMOND grants the User a non-exclusive and non-assignable right to access all of the following digital contents:

- The 52-page « LA MONADE ALIMENTAIRE » ebook, setting out the thinking and the method behind the LA MONADE ALIMENTAIRE Programme;

- Ongoing support with the LA MONADE ALIMENTAIRE Programme through a digital Personal area comprising the following tabs:

o A personalised schedule;

o A weight curve

ARTICLE 5. WARNINGS BEFORE TAKING OUT A SUBSCRIPTION

A Subscription to the LA MONADE ALIMENTAIRE Programme may be taken out by anyone who is overweight or living with obesity and whose Body Mass Index (BMI) is equal to or greater than 25 kg/m2.

A Subscription to the LA MONADE ALIMENTAIRE Programme may be taken out by anyone whose Body Mass Index (BMI) is between 19.5 and 25 kg/m2 and who wishes to slim down.

EDITIONS DINAMOND nevertheless wishes to give the following details regarding certain precautions for use and a few absolute contraindications:

ARTICLE 5.1. PRECAUTIONS FOR USE

People wishing to take out a Subscription on the Website are invited to consult their own doctor beforehand.

People wishing to take out a Subscription who have serious psychiatric conditions currently under treatment must obtain the agreement of their psychiatrist or general practitioner before following the LA MONADE ALIMENTAIRE Programme.

As medicine doses may need to be adjusted during weight loss, all Users under medical treatment while following the LA MONADE ALIMENTAIRE Programme, whatever the nature of that treatment, must consult their own doctor as soon as a weight loss equal to or greater than ten (10) kilos is reached, and regularly thereafter for every further five (5) kilos lost.

People with conditions requiring monitoring and the regular taking of medicines are particularly invited to consult their general practitioner or specialist so as to be medically monitored during the weight-loss period, which may reach ten (10) to thirty (30) kilos and lead to reductions in the doses of the medicines taken by patients.

ARTICLE 5.2. TARGET AUDIENCE

The LA MONADE ALIMENTAIRE Programme is intended for 3 kinds of people who are overweight or living with obesity:

- Patients already treated for an illness for which weight reduction and a return to a physiological weight are always desirable (type 2 diabetes, high blood pressure, cardiovascular disease, sleep apnoea);

- People in good health but with family risk factors or other added risk factors (smoking, overwork, stress) predisposing them to develop those same illnesses, or other illnesses, earlier if they are overweight;

- Anyone who is overweight or living with obesity and wishes to lose kilos for reasons of appearance, mobility or comfort.

ARTICLE 5.3. ABSOLUTE CONTRAINDICATIONS

By taking out a Subscription, the User declares that none of the following applies to them:

- Being under 18 years of age, save with the authorisation of their legal representative or representatives and being over 15 years of age;

- Being pregnant or breastfeeding an infant: these situations are never suited to weight reduction;

- Having a Body Mass Index (BMI) below 18.5 (see how to work out my BMI): the LA MONADE ALIMENTAIRE Programme is strictly advised against for anyone, whatever their sex, whose BMI is below 18.5.

The User is solely responsible for the consequences of failing to comply with the Subscription conditions set out above.

EDITIONS DINAMOND further informs Users that where their excess weight is wholly or partly iatrogenic in origin, the effectiveness of the LA MONADE ALIMENTAIRE Programme may be weakened by the taking of certain medicines (psychiatric treatments in particular) or by the existence of conditions predisposing to it (hypothyroidism, for example).

ARTICLE 5.4. COMBINING WITH OTHER DIETS OR METHODS

Following the LA MONADE ALIMENTAIRE Programme alongside and at the same time as other eating programmes, diets, methods or dietary care is not recommended.

ARTICLE 5.5. COMBINING WITH SPORT

One of the particular features of the LA MONADE ALIMENTAIRE Programme is that weight loss is achieved without any additional physical activity or sport being required. However, beyond ten (10) kg lost, taking up physical activity and sport again is strongly advised. As a reminder, taking up any activity again first requires medical advice, which the User is invited to seek.

ARTICLE 6. CONDITIONS OF ACCESS TO THE SERVICES

6.1. TECHNICAL REQUIREMENTS

To access the Services, the User must create a Personal area by clicking the « sign up » tab on the Website and provide their Personal data in accordance with the Terms and Conditions of Use of the Website available here.

In order to benefit from the Services available on the Website, the User must have:

- Internet access: the cost of that connection being borne solely by the User;

- The necessary equipment, and in particular a computer, a modem or any other device allowing a connection to the Website, such as a tablet or a smartphone.

ARTICLE 6.2. CHOICE OF SUBSCRIPTION

To access the Services, the User must then click the « Pricing » tab and choose their Subscription from the three plans offered on the Website:

- The three (3) month plan;

- The six (6) month plan;

- The nine (9) month plan.

Guidance is available on the Website to help each User choose a plan suited to their goal.

To work out which plan suits their goal, the User may in particular use the free personalised study, which will give the User valuable pointers and steer them towards the plan best suited to their situation. The personalised study is available at the following link.

The table below shows the Subscription plans recommended by EDITIONS DINAMOND according to the weight loss the User is aiming for:

However, the User remains entirely free to opt for the plan of their choice by clicking when taking out a Subscription.

ARTICLE 7. PRICE

The price of the Subscription depends on the plan chosen by the User. The price of each plan is given on the Website and set out below.

The prices given in the ToS and on the Website are prices inclusive of all taxes.

In return for access to the Services, the User pays a Subscription as follows:

- Three (3) month plan: 117.00 euros including tax;

- Six (6) month plan: 162.00 euros including tax;

- Nine (9) month plan: 198.00 euros including tax.

The prices given above may be changed at any time by EDITIONS DINAMOND. Changed prices will only apply to Subscriptions taken out or renewed after they are put online on the Website.

EDITIONS DINAMOND reserves the right to offer promotional prices applying only during set periods, for Users taking out a Subscription during those periods.

ARTICLE 8. PAYMENT TERMS

To access the Services, the User must pay the price of the Subscription plan selected.

Each Subscription is payable in a single instalment when it is taken out.

Payment must be made to EDITIONS DINAMOND on the Website by bank card only.

Secure online payment is handled by our payment provider, STRIPE.

The User must enter their bank card details and confirm the order by clicking the button.

ARTICLE 9. AVAILABILITY OF THE SERVICES

The Services are available 24 hours a day, 7 days a week for the whole term of the Subscription.

EDITIONS DINAMOND does everything in its power to ensure the availability and proper working of the Services.

EDITIONS DINAMOND is bound by an obligation of means as regards access to the Services and does not guarantee the availability of its Services.

The Services may therefore be interrupted temporarily and without notice for technical maintenance of the Website.

EDITIONS DINAMOND may under no circumstances be held liable for the temporary unavailability of the Services, including where access proves impossible for the following reasons:

- A malfunction of the User's computer environment or internet connection;

- A failure by the User to comply with their obligations under the ToS or the ToU;

- Any other reason beyond the control of EDITIONS DINAMOND, in particular the transmission of a virus or of any other element liable to contaminate the Website.

ARTICLE 10. START OF THE SUBSCRIPTION

The Subscription only takes effect once the Price has been paid in full by the User.

The Subscription may neither be interrupted nor suspended during the term taken out by the User, except in the cases set out in article 11 of these ToS.

It is for the User to indicate in their Personal area the start date of the support included in the LA MONADE ALIMENTAIRE Programme, which may not be later than twelve (12) days after the date the Subscription was taken out.

ARTICLE 11. TERMINATION ON MEDICAL GROUNDS

On production of medical evidence attesting to a permanent inability to continue with the Subscription, the User may ask EDITIONS DINAMOND to terminate their Subscription by email to monade.alimentaire.contact@gmail.com.

The following may therefore justify stopping the Subscription entirely and permanently:

- The diagnosis of a serious, life-threatening illness;

- The diagnosis of an illness or the occurrence of an accident resulting in total permanent disability;

- A medically confirmed pregnancy occurring after the Subscription was taken out.

Where inability is medically attested, EDITIONS DINAMOND will refund to the User, through the payment method used when the Subscription was taken out, the price of their Subscription pro rata to the Subscription time already elapsed.

ARTICLE 12. EXTENDING THE SUBSCRIPTION

Fifteen (15) days before their Subscription ends, the User receives an email setting out the ways in which, and the conditions on which, their Subscription may be extended.

At the end of a three (3) month plan Subscription, it may be extended by the User taking out a new Subscription to one of the following plans:

- The three (3) month plan;

- The six (6) month plan.

A six (6) month plan Subscription may only be extended by taking out a new Subscription to the three (3) month plan.

At the end of a three (3) or six (6) month plan Subscription, the User may also opt for the « 1 extra month » option, renewable twice at most.

The « 1 extra month » option offered at the end of a three (3) or six (6) month plan Subscription is offered at the following prices:

- « 1 extra month » option after a three (3) month plan Subscription: 34.00 euros including tax;

- « 1 extra month » option after a six (6) month plan Subscription: 29.00 euros including tax.

The Services are provided up to a maximum of nine (9) months of Subscription.

No extension will be allowed by EDITIONS DINAMOND beyond nine (9) months of Subscription, whether that term is that of the User's initial Subscription or of a Subscription extended by the User.

ARTICLE 13. END OF THE SUBSCRIPTION

At the end of their Subscription, and in the absence of an extension, EDITIONS DINAMOND will immediately block the User's access to the Services.

The User will nevertheless keep their Personal area containing their Personal data. The User will thus be able to look at their weight curve and their journey, but will no longer be able to fill in their weekly entries.

At the end of their Subscription, the User may at any time request the deletion of their Personal area by clicking the button on the profile tab of their Personal area. EDITIONS DINAMOND will delete the User's Personal data, with the exception of data which the law requires to be kept.

ARTICLE 14. LIMITATION OF LIABILITY

The User is responsible for the consequences arising from false or inaccurate information sent to EDITIONS DINAMOND.

The User is furthermore solely responsible for consulting their own doctor before taking out the Subscription and before the Services begin.

They are also solely responsible for checking with their own doctor that the programme is compatible with their state of health, both before taking out their Subscription and throughout the term of the Services.

Likewise, the User is solely responsible where the LA MONADE ALIMENTAIRE Programme is combined with other diets or weight-loss methods.

EDITIONS DINAMOND does not guarantee, moreover, that its LA MONADE ALIMENTAIRE Programme will perfectly meet the expectations of every User.

Physical results can only be obtained if Users strictly apply the instructions given in the LA MONADE ALIMENTAIRE Programme.

Following the LA MONADE ALIMENTAIRE Programme as described in the « LA MONADE ALIMENTAIRE » ebook made available to Users generally leads to a positive result, in the shape of several kilos lost.

Individual results may nevertheless vary for identical use over similar trial periods of that programme (owing in particular to genetic and sex differences, etc.), of which the User is fully aware.

In any event, EDITIONS DINAMOND is bound only by an obligation of means and may not be held liable where there is no result, or where the User judges the result to be insufficient.

Users are nevertheless informed by EDITIONS DINAMOND that an absence or insufficiency of results most often stems from a partial application, or a complete lack of application, of the LA MONADE ALIMENTAIRE Programme.

ARTICLE 15. INTELLECTUAL PROPERTY

All the elements making up the Services, the Website and the source code remain the entire and exclusive property of EDITIONS DINAMOND. Taking out a Subscription entails no transfer of ownership to the User.

EDITIONS DINAMOND alone holds the intellectual property rights in the Website and, more broadly, in the elements making it up or making up the Services, in particular the « LA MONADE ALIMENTAIRE » ebook, the LA MONADE ALIMENTAIRE Programme, the texts, the graphics, the audiovisual content, the images and photographs, the icons, the site structure, the navigation plan, the design and organisation of the tabs, the titles, etc.

The LA MONADE ALIMENTAIRE Programme is strictly confidential and belongs to EDITIONS DINAMOND.

The User undertakes not to resell and not to use all or part of the content of the Website and of the Services for non-personal or commercial purposes.

Subject to a Subscription being taken out and to compliance with the ToS, EDITIONS DINAMOND grants the User a personal right to use the Services and, where applicable, to download the digital contents made available to them.

This authorised access to the Services is reserved for the User who has taken out a Subscription and must not be shared with third parties, including members of the User's household.

The right to use the Services granted to the User is non-assignable and non-transferable, even free of charge and/or temporarily.

ARTICLE 16. NO RIGHT OF WITHDRAWAL

Taking out an EDITIONS DINAMOND Subscription constitutes a distance contract for the supply of digital contents to the User (the LA MONADE ALIMENTAIRE ebook and digital support with the LA MONADE ALIMENTAIRE Programme).

The consumer User expressly accepts that, by taking out a Subscription, they give their express consent for performance of the contract for the supply of digital contents to begin before the withdrawal period expires, and acknowledges that they thereby lose their right of withdrawal.

Confirmation of the consumer's waiver of their right of withdrawal will then be provided to them in the email confirming that the Subscription has been taken out.

ARTICLE 17. PERSONAL DATA

EDITIONS DINAMOND uses Users' Personal data in connection with the provision of the Services.

EDITIONS DINAMOND acts as data controller within the meaning of French Act no. 78-17 of 6 January 1978 as amended, on information technology, data files and civil liberties, and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). EDITIONS DINAMOND uses the User's Personal data in particular in order to:

- Restrict and secure access to the User's Personal area;

- Prevent fraud by keeping track of the User's sign-ins;

- Send the User notifications relating to the Website and the Services;

- Analyse how the User moves around the Website;

- Allow the User to pay for their Subscription;

- Moderate content uploaded, circulated or published on the Website;

- Promote its Services;

- Handle requests to exercise rights, complaints and disputes.

The processing of Users' Personal data is justified, depending on the case, by their consent, by the performance of the ToS, by compliance with legal and regulatory obligations, or by the legitimate interests pursued by EDITIONS DINAMOND (in particular to promote its Services).

Certain Personal data requested when creating a Personal area is required for the provision of the Services.

EDITIONS DINAMOND may collect Personal data relating to Users' health, in particular their weight. This Personal data is collected for the purposes described in the privacy policy.

Personal data is accessible to authorised staff of EDITIONS DINAMOND and to the providers (processors) that EDITIONS DINAMOND calls upon to provide the Services (for example: web agency, host of the Website and of the Personal data, etc.).

Personal data is kept for varying periods depending on the purpose for which it was collected.

The User has the right to access, rectify, delete and port their Personal data, as well as the right to withdraw their consent, a right to object to and to restrict certain processing, and the right to decide what becomes of their Personal data after their death. These rights may be exercised by contacting EDITIONS DINAMOND at the email address monade.alimentaire.contact@gmail.com.

To find out more, the User is invited to read the privacy policy available on the Website.

ARTICLE 18. PARTIAL INVALIDITY

Should one or more clauses of the ToS prove to be void or without purpose, they shall be deemed unwritten and shall not render the other provisions void, unless they are substantial in character.

The Parties shall replace the void provisions, by way of an amendment, with new provisions that are legally valid and as close as possible, in legal and economic terms, to the meaning and purpose of the provisions set aside.

ARTICLE 19. NO WAIVER

No waiver by either Party of any of its rights under the terms of the ToS shall constitute a waiver of those rights for the future.

ARTICLE 20. ENTIRE AGREEMENT

The ToS express the entirety of the obligations of the Parties towards one another in respect of their subject matter.

No statement, representation, promise or condition not contained in the ToS may or shall be admitted to contradict, alter or affect in any way whatsoever their terms.

ARTICLE 21. ADDRESS FOR SERVICE

For the purposes hereof, EDITIONS DINAMOND elects its registered office as its address for service, the address of which appears at the head hereof.

ARTICLE 22. GOVERNING LAW

The ToS are governed by French law.

ARTICLE 23. AMICABLE SETTLEMENT AND RECOURSE TO THE OMBUDSMAN

Should a dispute arise between the Parties as to the validity, performance or interpretation of the ToS, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.

Where the User is a « consumer » within the meaning of the introductory article of the French Consumer Code, they must first send their complaint to EDITIONS DINAMOND directly, by post to the following address: 3 Quai Lamennais 35000 RENNES, France, or by email to monade.alimentaire.contact@gmail.com.

Should that attempt fail, the User may resort to conventional mediation or to any other alternative dispute resolution method, and in particular may refer the matter, free of charge and within one year of their complaint, to the competent consumer ombudsman : ###############

ARTICLE 24. COMPETENT COURTS

Should no amicable solution be found, all disputes as to the interpretation and performance of these conditions shall be submitted to the competent courts within the jurisdiction of the Rennes Court of Appeal.

However, where under article R. 631-3 of the French Consumer Code the User may be qualified as a consumer, they may bring proceedings either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where they lived at the time the ToS were entered into or at the time the harmful event occurred.