Preface

These Terms and Conditions of Sale and Use (hereinafter referred to as “T&Cs”) constitute a legal agreement between the Client and BY FILLING SN, a Senegalese legal entity. They pertain to the training service named BOOTCAMP YESSO MARKETING 2024 provided by BY FILLING SN through the website link to the site referred to as the “Platform.” These Terms and Conditions of Sale and Use exclusively apply to the BOOTCAMP YESSO MARKETING 2024 training service.

These Terms and Conditions of Sale and Use may be modified at any time without prior notice, with the applicable conditions being those in effect on the site at the date of registration for the training.

BY FILLING SN will notify the Client of any changes to these Terms and Conditions of Sale and Use by email or any other written means that can confirm receipt by the recipient.

Definitions

BY FILLING SN: the organization that prepares and organizes the BOOTCAMP YESSO MARKETING 2024 training.

Client: the participant in the BOOTCAMP YESSO MARKETING 2024 training.

Platform: the website presenting the BOOTCAMP YESSO MARKETING 2024 training, accessible at the website link.

User: a person visiting or using the Platform.

Purpose and scope

These Terms and Conditions of Sale and Use define the conditions applicable to the training services provided by BY FILLING SN on behalf of the Client. Any registration for the training with BY FILLING SN implies the Client’s unconditional acceptance of these Terms and Conditions of Sale and Use. The Client declares and acknowledges that they have full knowledge of these terms and unconditionally accepts these Terms and Conditions of Sale and Use.

Training overview

BY FILLING SN is a company specializing in Inbound and Digital Marketing, with its headquarters located at 1, Allées Seydou Nourou Tall, Point E., 3rd floor, ORBUS TOWER building – Dakar, Senegal. It organizes and delivers an online training program called BOOTCAMP YESSO MARKETING 2024 for individuals and businesses, whether located in Senegal or abroad, from June 25 to June 28, 2024, online via a private Facebook group. The BOOTCAMP YESSO MARKETING 2024 training focuses on Description of training.

Registration

Online Registration

The Client must follow the registration process, which occurs in several steps according to the Online Procedure outlined below:

• Log in to the website to complete the pre-registration form;
• Review the details of the offered training;
• Accept the Terms and Conditions of Sale by checking the box provided for this purpose;
• Confirm the registration.

Platform availability and security

The platform is accessible during training hours, except in cases of force majeure or events beyond the control of BY FILLING SN, and subject to any potential outages, availability issues, and necessary backup or maintenance interventions for the proper functioning of the platform. BY FILLING SN is committed to making its best efforts to secure the availability, access, consultation, and use of the Services, the platform, and the content. Maintenance interventions may be carried out without prior notice to the platform users.

Platform versioning

The platform, services, and content may be subject to updates, including those due to modifications, maintenance, or backup resulting from potential technical, legislative, or regulatory changes, reflecting the evolution of user needs. These interventions are carried out without prior or subsequent notice and without a set frequency.

Cancellation and rescheduling

Cancellation and Rescheduling by the Client

Cancellation of registration for the online training is possible, provided it is communicated to BY FILLING SN thirty (30) days before the scheduled date and time. No cancellations can be accepted once the client has started the training, and no refund of the participation fee will be provided.

All cancellations must be notified by email to info@byfilling.com.

Cancellation and Rescheduling by BY FILLING SN

In cases of force majeure or if the number of participants is insufficient to ensure the proper conduct of the training, BY FILLING SN reserves the right to reschedule the training to a later date. The client will be informed no later than seven (7) days before the scheduled date. BY FILLING SN reserves the right to replace a trainer with someone of equivalent technical skills.

Right of withdrawal

In accordance with DECREE No. 2008-718 of June 30, 2008, relating to electronic commerce and implementing Law No. 2008-08 of January 25, 2008, on electronic transactions, the Client benefits from a right of withdrawal. The Client may exercise this right of withdrawal, without providing a reason, within seven (7) days from the notification of successful registration on the platform. To withdraw their consent and cancel their participation, the Client must inform BY FILLING SN by email or any other written means that confirms receipt by the recipient. If the right of withdrawal is validly exercised, the Client is entitled to a refund of the training fee already paid, which will be returned according to the refund terms set out in section 15.

If the Client cancels their participation in the training beyond the legal withdrawal period of seven (7) days after registration, the Client will be refunded according to the conditions specified in section 8.1 above.

Online training

The training takes place online on a dedicated platform.

The Client who has placed an order and registered for a training session agrees to:

• Be present on the initially reserved session date;
• Adhere to the scheduled times announced for each session to which the Client is registered;
• Follow the internal rules of the hosting organization.

Training program

BY FILLING SN reserves the right to share the complete program with participants.

The duration of the training is provided as an indication. The content of the programs listed in the presentation sheets is for informational purposes only. The instructor has the option to modify the training content based on the group dynamics or the Clients’ level.

Invitation

An invitation email indicating the time and connection links for the Client participating in the remote training will be sent to the Client. The Client may also receive phone messages to ensure they have received the information. BY FILLING SN cannot be held responsible for the Client’s absence.

Force majeure or unforeseen events

In the event of a failure to fulfill any of the obligations set forth in these Terms and Conditions of Sale and Use, the defaulting party is not considered in default nor liable for damages if the performance of the obligation is rendered impossible by force majeure or an unforeseen event, understood as an irresistible and reasonably unforeseeable occurrence.

The party invoking force majeure or unforeseen events under this provision must:

• Notify, without delay, by any written means that confirms receipt by the recipient, of the existence of force majeure, detailing the nature of the event, the anticipated duration, and the measures the notifying party has taken or attempted to take to mitigate the effects of force majeure;
• Make its best efforts to find a replacement solution or, in any case, resume the execution of activities related to the training as soon as reasonably practicable.

If the suspension of the preparation or execution of the training lasts more than 90 days, the contracting party of the party subject to force majeure is entitled to cancel the Client’s participation in the training or the training itself by notifying the other party by any written means that confirms receipt by the recipient.

Before doing so, the contracting party may request a meeting with the affected party to determine the conditions under which the training may, if possible, be conducted.

Intellectual property and copyright

BY FILLING SN is the sole owner of the intellectual property rights to all educational materials and content of which it has exclusive ownership. Any reproduction, representation, modification, publication, transmission, or alteration, whether in whole or in part, of the training content without the prior authorization of BY FILLING SN is strictly prohibited.

Training materials, regardless of their form (paper, digital, etc.), are protected by intellectual property rights and copyright. Their use other than for strictly private purposes, their transmission, and their reproduction, whether partial or total, by Clients is prohibited.

Audio or video recording, as well as recording on the online platform where the training takes place, is prohibited. The transmission and reproduction, whether partial or total, of these recordings by the Client are prohibited.

Image rights

For the purposes of its communication and marketing strategy, the Client authorizes BY FILLING SN to distribute images taken during the training. The images may be exploited and used directly in any form and on any media, known or unknown at present, without any time limitation (press, brochures, advertising, internet, etc.).

Personal data

BY FILLING SN guarantees that the processing of personal data of the platform user and the Client is carried out in compliance with the requirements of legitimacy, legality, fairness, security, and retention as prescribed by the applicable regulations.

BY FILLING SN undertakes not to disclose to third parties the information provided by the platform user and the Client. This information is confidential. It is used solely for processing participation in the training, contacting and communicating with the Client regarding the training, and for enhancing and personalizing communication and offers provided to BY FILLING SN’s Clients, including through newsletters to which the Client may consent to receive. Only authorized persons from BY FILLING SN have access to the personal data of the platform user and the Client.

In accordance with Law No. 2008-12 of January 25, 2008, relating to the protection of personal data, the Client has the right to access, rectify, and oppose their personal data. To exercise this right, the Client should contact BY FILLING SN, providing their name, surname, address, phone number, and email:

• by email at info@byfilling.com
• or by mail at Point E, Allées Thierno Seydou Nourou TALL, Orbus Building, 3rd Floor.

To better meet its Clients’ needs, the platform may use cookies to indicate their visit to the platform and to generate platform audience statistics.

General provisions

If one or more provisions of these Terms and Conditions of Sale and Use are deemed invalid or declared as such by law, regulation, or as a result of a judicial decision made by a competent judicial authority, the remaining provisions shall remain in full force and effect. The provisions declared null and void will be replaced by provisions that closely reflect the content of the originally agreed provisions.

Applicable law and dispute resolution

These Terms and Conditions of Sale and Use are governed by the laws in force in Senegal. In the event of a dispute arising between BY FILLING SN and the Client or user, an amicable solution is preferred within one (1) month after the dispute arises, and in the absence of an agreement, the dispute will be submitted to the competent Senegalese courts.