GET BENDY® – TERMS AND CONDITIONS OF SALE
​RECITALS
These Terms and Conditions of Sale and Service Provision (hereina;er the “Terms”) are entered
into between, on the one hand, the company operaying under the GET BENDY ! brand (hereinacer
“GET BENDY !” or the “Company”) and, on the other hand, any natural or legal person placing an
order, hereina;er referred to as the “Customer”.
As at the date of acceptance of these Terms, the Company is:
• GET BENDY ! SLU, a company incorporated under the laws of Andorra, having its registered office at Edifici “Les Angleves”, Planta Àtic, Porta Segona, 47, Carretera del Coll d'Ordino,
Parròquia d'Ordino, AD300 Principat d'Andorra, registered with the Andorran Trade Register
under number NRT L-718179-M; or
• GET BENDY LLP, a Limited Liability Partnership incorporated under the laws of England
and Wales, whose registered office and registration number are set out on the invoice, order
form and the website through which the order is placed.
The exact identity of the contracting entity is set out in the order confirmation sent to the Customer.
The contracting entity to which the order relates is hereinafter referred to as the “Company”.
These Terms govern all rights and obligations of the parties in connection with any transaction
concluded for valuable consideration, whether through:
• the websites getbendygainflexibility.com, getbendy.info, getbendy.fr and
poledanceandorra.com (hereinafter the “Websites”);
• telephone, email or messaging services (WhatsApp, Messenger);
• physical events at which the Company is present;
• the Company's studio or place of performance, in the Principality of Andorra or any other
location specified.
The Websites are operated by the Company under licence from the trade marks owned by Ms Sylvie
PONT (see Clause 14). By placing an order or registering for any of the Services, the Customer
declares that they have read and unreservedly accept these Terms. These Terms constitute the entire
agreement between the parties in respect of their contractual relationship. No specific condition
initiated by the Customer may be added to or substituted for these Terms.
Any failure by the Company to enforce a breach by the Customer of any obligation under these Terms
shall not be construed as a waiver of that obligation for the future.
CLAUSE 1 – PURPOSE
The purpose of these Terms is to set out the conditions under which the Company offers to the
Customer:
• the sale of digital products (books, videos, training programmes, online programmes)
delivered by download or streaming, hereinafter the “Products”;
• access to the Get Bendy Gain Flexibility online school (streaming classes and live classes
according to the subscription taken out);
• access to the Impact Programme (a programme with progressive content release subject to
coach validation), which is the subject of a separate agreement supplementing these Terms;
• the provision of online services (remote coaching, mentoring, members' programmes, online
seminars, online workshops);
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• the provision of in-person services: private pole dance, flexibility or fitness sessions, group
classes, courses, seminars, camps and workshops;
• the sale of private session packs and gift vouchers.
All such offerings are hereinafter referred to as the “Services”.
CLAUSE 2 – DESCRIPTION OF PRODUCTS AND SERVICES
2.1 – Digital Products
Digital Products are published by the Company, which is the sole holder of the exploita4on rights
therein. They are delivered exclusively in electronic form, by download or streaming. The graphic
presenta4on of the Products on the Websites is for illustra4ve purposes only; their presenta4on
may be modified upon download, without affec4ng the substance of the Product.
2.2 – Get Bendy Gain Flexibility online school
The online school provides its members with:
• unrestricted access to streaming classes for the duration of the subscription taken out;
• access to live classes in accordance with the terms and frequency provided for under the
subscription taken out.
Access to content is provided through the members' platform using personal and confidential login
credentials.
2.3 – Impact Program
The Impact Program is a progressive educational program. Content is released on a week-by-
week basis, with progression to the next stage being subject to prior valida4on by a coach. This
validation is intended to ensure that prerequisites have been mastered before subsequent content
is accessed, in the educational interest and for the safety of the Customer.
The Impact Programme is the subject of a separate agreement entered into between the Company
and the Customer, which supplements and clarifies these Terms. In the event of any conflict
between these Terms and the Impact agreement, the laaer shall prevail in respect of the maaers it
specifically addresses.
2.4 – Online services
Online services (remote coaching, video programmes, training programmes, online workshops) are
accessible through the Company's members' pladorm upon receipt of payment. Access is provided
using personal and confiden4al login creden4als.
2.5 – In-person private sessions
Private sessions are individual services provided by the Company, at the studio or at the loca4on
agreed between the parties. They may be purchased as single sessions or as packs (for example:
packs of 5, 10 or 20 sessions).
The dura4on of each session, its content and loca4on are agreed with the Customer when the
appointment is booked.
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2.6 – Seminars, camps, courses, workshops and events
Seminars, camps, courses, workshops and events are group services for which the dates, dura4on,
location and programme are specified on the relevant descrip4ve page at the 4me of registra4on.
2.7 – Gi; vouchers
Gi; vouchers entitle the holder to a specified Product or Service or to a credit amount to be
applied against the Company's offering. They are valid for twelve (12) months from the date of
issue, unless otherwise indicated on the voucher.
CLAUSE 3 – ORDERS AND REGISTRATION
3.1 – Methods of ordering
The Customer may place an order or register for the Services:
• through the Websites, after creating a personal account;
• by telephone, email or messaging service, with the Company;
• at events at which the Company is present, using the payment methods available.
3.2 – Account creation on the Websites
To place an order through the Websites, the Customer must open a personal account by providing
accurate and complete contact details. Iden4fica4on is by means of an email address and a
password freely chosen by the Customer, which the Customer may modify at any 4me. This
password is strictly personal and must be kept confiden4al. The Customer expressly acknowledges
that entering their email address and password cons4tutes their iden4fica4on.
3.3 – Formation of the contract – confirmation by double-click
The contract is validly formed when, a;er identifica4on, the Customer has selected the Product(s)
and/or Service(s) they wish to acquire (first click), has been able to read these Terms, has verified
the content of their order, has corrected any errors, and has confirmed their order by a second
click. The double-click procedure cons4tutes the Customer's consent and renders the sums due
payable.
Effective payment of the order, by any means whatsoever (online payment, bank transfer, cash at
an event), constitutes the Customer's full, unreserved and unqualified acceptance of these Terms,
including for orders placed by telephone, by messaging or in person. These Terms are permanently
accessible on the Company's Websites.
3.4 – Order confirmation
A confirma4on email, accompanied by these Terms, is sent to the Customer's email address a;er
the order is placed. This email confirms the forma4on of the contract on a durable medium,
iden4fies the contrac4ng entity (GET BENDY ! SLU or GET BENDY LLP), provides the order number
and sets out the maaers subject to the general informa4on obligation. The Customer is strongly
advised to retain this email.
CLAUSE 4 – PRICES AND TAXATION
4.1 – Currency and applicable taxation
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Prices on the Websites are displayed in euros (€) or in pounds sterling (£), depending on the
contracting en4ty and the website used. The applicable tax regime depends on the contrac4ng
entity set out in the order confirma4on and on the Customer's place of tax residence.
Where the contrac4ng en4ty is GET BENDY ! SLU (Andorra), prices are displayed and invoiced in
euros (€). Products and Services are invoiced exclusive of VAT for any person not tax-resident in
Andorra, in accordance with the coopera4on and tax informa4on exchange agreements signed
between Andorra, France, Spain and the European Union, the Principality of Andorra not being
subject to European VAT. Any natural or legal person tax-resident in Andorran territory is subject to
the Impost General Indirecte (IGI), the Andorran equivalent of VAT, at the prevailing rate of 4.5%,
in accordance with Andorran Law No. 11/2012 of 21 June on the IGI.
Where the contrac4ng en4ty is GET BENDY LLP (United Kingdom), prices may be displayed and
invoiced in pounds sterling (£) or in euros (€). Products and Services are invoiced in accordance
with the United Kingdom tax legisla4on in force, and in par4cular the United Kingdom VAT regime
applicable to the relevant transac4on.
In the event of a manifest and material typographical error in the displayed price, the contract may
be cancelled.
4.2 – Modification of prices
The Company may modify the prices of its Products and Services at any time. Such modifications
shall not, however, apply to contracts validly formed prior thereto.
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CLAUSE 5 – PAYMENT
5.1 – General principle
Payment of the full price of the order must be made when the order is placed, save for the specific
arrangements set out below. Receipt of full payment by the Company triggers the making available
of the Product or registra4on for the Service.
To pay for their order, the Customer may, at their choice, use the payment methods offered at the
4me of order valida4on: payment card, PayPal or bank transfer (subject to the Company's prior
acceptance). Online payments are processed securely by the providers Stripe, Monei or PayPal,
which ensure data encryption and compliance with banking security standards.
5.2 – Specific arrangements – Get Bendy Gain Flexibility online school
Subscrip4on to the online school may be taken out under one of two arrangements, at the
Customer's choice:
• recurring payment (monthly or periodic subscription, automatically renewed);
• annual payment, made in a single instalment or, on the PayPal platform, paid in instalments in
accordance with the arrangements offered by PayPal.
The Customer is free to terminate their recurring subscription at any time, in accordance with the
conditions set out in the members' area; termination takes effect at the end of the subscription period
already paid for, with no pro rata refund.
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5.3 – Specific arrangements – Impact Programme
Registration for the Impact Programme may give rise to the payment of a deposit, paid via a direct
payment link (entry of the Customer's email address followed by payment by payment card or any
other means offered).
A bespoke instalment plan may be put in place, agreed between the Company and the Customer,
and formalised in the separate Impact agreement.
Any deposit paid in respect of the Impact Programme is non-refundable, save where the Customer
exercises their statutory right of cancella4on within the fourteen (14) day period provided for
under Clause 8.
5.4 – Payment facilities (other services)
For other Products and Services, the Company may, on an excep4onal and discre4onary basis,
grant the Customer instalment payments, in par4cular having regard to the amount due and the
rela4onship established with them. Such a facility shall not, in any event, cons4tute a right vested
in the Customer. Any request must be sent to contact@getbendy.info, accompanied by a precise
instalment proposal (dates and amounts). Where accepted, the Customer formally undertakes to
comply with the agreed schedule.
Any instalment plan exceeding three (3) monthly instalments shall automa4cally be treated as a
fixed-term subscrip4on.
5.5 – Provision in the case of instalment payment
The Company may, in its sole discre4on, grant access to Products or Services prior to full payment.
It may also choose to make such access condi4onal upon full sealement. In the event of failure to
pay an instalment, the Company may suspend access to Products or Services pending
regularisation.
5.6 – Customer warranties and verifications
The Customer warrants to the Company that they have the necessary authorisa4ons to use the
chosen payment method. The Company reserves the right to suspend any order in the event of
refusal of payment authorisa4on by the officially accredited bodies, or in the event of non-
payment.
It also reserves the right to refuse to fulfil an order from a Customer who has not paid in full a
previous order or with whom a payment dispute is ongoing.
The Company may put in place a verifica4on procedure designed to ensure that no person uses the
bank details of a third party without their knowledge. As part of this verifica4on, the Customer
may be requested to provide, by secure means, a copy of an iden4ty document, proof of address,
and a partial copy of the payment card used (front, with only the first 4 and last 2 digits visible,
security code and full card number masked). For businesses, an extract from the trade register
dated less than 3 months may be required. The order shall only be validated acer verification of
the documents provided.
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CLAUSE 6 – SPECIFIC PROVISIONS APPLICABLE TO PRIVATE SESSIONS, PRIVATE LESSONS, WORKSHOPS AND PACKS
6.1 – Payment in advance
Private lessons, private sessions, workshops and other one-off services (in person or online) are
payable in advance, at the 4me of order.
Where a deposit is paid, it shall be non-refundable beyond the statutory cancella4on period of
fourteen (14) days provided for under Clause 8 below, save in the case of force majeure duly
evidenced.
6.2 – Validity period of packs
Any pack of private sessions (for example: packs of 5, 10 or 20 sessions) is valid for twelve (12)
months from the date of purchase. This validity period is brought to the Customer's aaen4on upon
order, is set out in these Terms and is reiterated in the order confirma4on.
Upon expiry of this period, unused sessions are defini4vely forfeited, with no refund possible, save
in the excep4onal circumstances provided for under Clause 6.5.
The Company recommends a frequency of use enabling the Customer to consume the en4rety of
the sessions within the validity period. By way of indica4on, a pack of 20 sessions may be
consumed in 2 to 3 months on the basis of 2 weekly sessions.
6.3 – Booking and cancellation of appointments
Appointments for private sessions are scheduled by mutual agreement between the Customer and
the Company, within the available slots. It is the Customer's responsibility to organise and take the
ini4a4ve to schedule their sessions so as to consume them within the validity period.
Any cancella4on or rescheduling of a session must be no4fied by the Customer to the Company at
least twenty-four (24) hours before the scheduled 4me of the appointment, by email to
contact@getbendy.info or by messaging.
Any session cancelled less than 24 hours before the scheduled 4me shall be deemed to have been
consumed and shall be deducted from the pack.
6.4 – Failure to aaend without notice
In the event of the Customer's failure to aaend a session without no4ce (no-show), the session
shall be deemed to have been fully consumed and shall be deducted from the pack. No refund,
rescheduling or commercial gesture may be claimed in this respect.
6.5 – Medical incapacity arising acer purchase
In the event of the occurrence of a medical incapacity preven4ng the Customer from con4nuing
the prac4ce on a las4ng basis, duly evidenced by an original medical cer4ficate from a healthcare
professional, the Customer may request, within thirty (30) days of diagnosis, the conversion of the
unused sessions into a credit voucher.
This credit voucher, in an amount equivalent to the unused sessions valued at the unit price paid,
shall be valid for twelve (12) months from its date of issue. It may be used against the Company's
en4re offering (digital Products, online programmes, adapted sessions, seminars) or transferred to
a third party in accordance with the condi4ons set out under Clause 6.6.
The Company may also propose, where reasonably prac4cable, an adapta4on of the content of the
sessions taking the Customer's state of health into account (muscle strengthening, flexibility work,
exercises avoiding strain on the affected area, etc.). If the Customer accepts such adapta4on, the
pack shall con4nue under its initial terms.
No cash refund shall be made on the grounds of medical incapacity, save with the express wriaen
agreement of the Company, which shall be formalised exclusively by its director (or, in the case of
the LLP, by an authorised Designated Member).
6.6 – Transfer of the pack to a third party
The Customer may request the transfer of their pack, or of the remaining sessions in their pack, to
a third party of their choice. Such transfer is subject to the prior payment of an administra4ve fee
of one hundred and fi;y euros (€150) or pounds sterling equivalent. The third party beneficiary is
required to expressly accept these Terms.
The transfer must be formalised in wri4ng (email to contact@getbendy.info) and must include the
full contact details of the beneficiary. The remaining validity period of the pack is not modified by
the transfer: the beneficiary has the 4me remaining un4l the original expiry date of the pack.
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CLAUSE 7 – SPECIFIC PROVISIONS APPLICABLE TO CAMPS, SEMINARS, COURSES, WORKSHOPS AND EVENTS
7.1 – Registration
Registration for a camp, seminar, course, workshop or event is confirmed upon receipt of full
payment of the price set out on the descrip4ve page, or upon receipt of the deposit requested in
accordance with the arrangements specified on that page. As the number of places is generally
limited, registra4ons are recorded on a first-come, first-served basis.
7.2 – Non-refundable deposits
Any deposit paid in respect of a camp, seminar, course, workshop or event is non-refundable.
This rule shall not, however, prevent the Consumer Customer from exercising their statutory right
of cancella4on within the fourteen (14) day period provided for under Clause 8 of these Terms.
Where this right is validly exercised within the statutory period, the Company shall refund all sums
paid in full (including the deposit) within a maximum period of thirty (30) calendar days from
receipt of the cancella4on request.
Beyond the statutory cancellation period of 14 days, no refund of the deposit may be claimed,
save in the case of force majeure duly evidenced or with the express wriaen agreement of the
Company, formalised exclusively by its director (or, in the case of the LLP, by an authorised
Designated Member).
7.3 – Transfer of registration
The Customer may request the transfer of their registra4on for a camp, seminar or event to a third
party of their choice, subject to the express acceptance of these Terms by that third party. The
transfer is subject to the payment of an administra4ve fee of one hundred euros (€100) excluding
tax, or pounds sterling equivalent.
7.4 – Cancellation by the Company
In the event of cancellation of the event by the Company (minimum number of par4cipants not
reached, force majeure, unavailability of the trainer, etc.), the Customer shall be offered, at their
choice, either a transfer to a subsequent session or a full refund of the sums paid. No addi4onal
compensa4on (travel costs, accommoda4on, etc.) may be claimed from the Company.
CLAUSE 8 – RIGHT OF CANCELLATION
8.1 – Statutory framework
In accordance with the statutory provisions applicable at the loca4on of the Company's registered
office, as well as with the mandatory consumer protec4on provisions applicable in the Consumer
Customer's country of residence where these are more favourable, the Consumer Customer shall
have a right of cancella4on of fourteen (14) calendar days from the conclusion of the contract for
the Services, save for the exclusions set out below.
8.2 – Exclusion for digital Products
The Consumer Customer expressly acknowledges that digital Products (videos, training
programmes, downloadable or streaming content) cons4tute digital content not supplied on a
tangible medium, the performance of which begins immediately upon conclusion of the contract,
with their express prior consent. By placing an order for a digital Product, the Customer expressly
waives their right of cancella4on, performance of the contract (making content available) having
begun with their consent.
8.3 – Exclusion for fully performed Services
The right of cancella4on may no longer be exercised in respect of Services fully performed before
the end of the cancella4on period, where performance has begun with the Customer's express
consent and acknowledgement of the loss of that right.
8.4 – Exercise of the right of cancellation
Where applicable, the right of cancella4on may be exercised by the Customer by sending an email
clearly expressing their wish to cancel to contact@getbendy.info, or by any other unequivocal
wriaen no4ce. The Company shall acknowledge receipt of the request and shall make the refund,
by the same payment method as that used for the initial transaction, within a maximum period of
thirty (30) calendar days from the Company's becoming aware of the Customer's wish to cancel.
CLAUSE 9 – COMMERCIAL SATISFACTION GUARANTEE
9.1 – Scope
The Company may, in respect of certain Products or Services, offer a commercial sa4sfac4on
guarantee. Such guarantee shall only exist where it is expressly stated on the descrip4ve page of
the relevant Product or Service, by the words “sa4sfac4on guaranteed or refund” or equivalent.
In the absence of such express statement, no sa4sfac4on guarantee shall apply.
9.2 – Exclusions
The following are expressly excluded from any satisfaction guarantee:
• private sessions and packs of sessions;
• personalised remote coaching;
• telephone advice;
• the Impact Programme;
• deposits paid in respect of a camp, seminar, course or event;
• any Product or Service not expressly bearing the words “satisfaction guaranteed or refund” on
its descriptive page.
9.3 – Guarantee applicable to seminars
Where a seminar benefits from a sa4sfac4on guarantee, a refund shall only be possible if:
• the Customer attended the seminar and actively participated;
• the Customer expressed their dissatisfaction expressly, in writing and in detail, before the end
of the second (2nd) day at 2 pm.
In the event of non-attendance, the Customer shall not be entitled to any refund.
9.4 – Addi4onal exclusions
No refund may be granted:
• after order and download, in whole or in part, of the digital Product;
• after receipt of the login and password for access to the platform;
• after connection to the members' platform;
• to a Customer who has refused to participate in all or part of the activities in the programme
prepared by the trainer;
• to a Customer who has refused to follow one or more of the trainer's instructions;
• any out-of-time request.
9.5 – Refund arrangements
Where a refund is due under the sa4sfac4on guarantee, it shall be made within thirty (30) working
days from receipt of the complete and substan4ated request, by the same payment method as
that used for the ini4al transac4on.
CLAUSE 10 – PROVISION AND ACCESS TO CONTENT
10.1 – Provision of digital Products and the online school
Digital Products are made available to the Customer a;er full payment, by way of download or
access to the members' pladorm, in a standard format.
Access to the Get Bendy Gain Flexibility online school is granted upon registra4on of payment
(ini4al payment for a recurring subscrip4on, or full payment for an annual subscrip4on) and
remains ac4ve for as long as the subscrip4on is in force.
It is the Customer's responsibility to ensure, prior to any purchase, that their equipment
(computer, opera4ng system, internet connec4on, so;ware, etc.) is compa4ble with the formats
used and sufficient to access the content. The Company provides a proven service used
successfully by many members, but shall not be held liable for any malfunc4on rela4ng to the
Customer's equipment or digital environment.
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10.2 – Support and assistance
A;er purchase of a Product or registra4on for a Service, the Company makes available to the
Customer a support and follow-up service to ensure the smooth running of the training
programme or service.
The Company's team may, where reasonably prac4cable, assist the Customer in the event of
difficul4es accessing the content. The Company does not, however, offer any IT troubleshoo4ng
service. In the event of a technical issue rela4ng to the Customer's equipment or configura4on, it
is the Customer's responsibility to seek assistance from a competent professional.
10.3 – Access to Impact Programme content
In the case of the Impact Programme, content is released progressively, on a week-by-week basis,
subject to valida4on by a coach. Once released, content remains accessible to the Customer for
the en4re dura4on of the Impact agreement.
Upon expiry of the Impact agreement, access to the content shall cease, save where otherwise
provided for in the agreement or in a subsequent agreement.
The Customer may request an extension of access to the content beyond the term of the
agreement, against payment of a monthly fee, the amount and arrangements of which are set out
in the Impact agreement or in a subsequent wriaen agreement.
Any extension, free-of-charge access or accommoda4on that may be granted to the Customer shall
cons4tute a discre4onary commercial gesture by the Company and shall not in any circumstances
be regarded as a vested right or as giving rise to any right of renewal.
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CLAUSE 11 – LIABILITY – PHYSICAL ACTIVITY
11.1 – General liability
The Company is liable for the proper performance of the order, within the limits provided for
under the law applicable to the contract.
However, its liability shall not be engaged for any improper performance or non-performance due
to:
• any act attributable to the Customer (in particular obsolete or inadequate IT systems, the
provision of inaccurate information, failure to comply with safety instructions or with the
trainer's directions);
• an event of force majeure;
• an unforeseeable and insurmountable act of a third party to the contract.
The Company's liability, where engaged, shall be limited to the amount actually paid by the Customer
in respect of the Product or Service giving rise to the loss, to the fullest extent permitted by applicable law.
11.2 – Inherent risks of physical ac4vity – Acknowledgement by the Customer
The Customer expressly acknowledges that the ac4vi4es offered by the Company (pole dance,
flexibility, muscle strengthening, fitness and similar ac4vi4es):
• place significant strain on the joints, muscles, tendons and cardiovascular system;
• inherently entail a risk of injury (sprains, tears, contusions, muscle soreness, falls, etc.),
including where the trainer's instructions are scrupulously followed;
• require physical fitness suited to the practice, which the Customer alone is responsible for
ensuring.
By these Terms, the Customer:
• declares that they are in good physical condition and fit to practise the activity concerned;
• declares that they have no known medical contra-indication to the practice of the activity;
• declares that they have consulted a healthcare professional in case of doubt as to their fitness;
• undertakes to inform the Company, before each session, of any change in their state of health
liable to affect the practice;
• undertakes to scrupulously follow the safety instructions and the educational directions of the
trainer;
• acknowledges and accepts the risks inherent in the physical activity practised.
11.3 – Limitation of liability for injuries
Accordingly, and to the fullest extent permiaed by applicable law, the Customer waives any right
to seek to engage the liability of the Company and its coaches in the event of injury:
• occurring in the course of the normal practice of the activity, even where the trainer's
instructions have been correctly given and followed;
• resulting from a medical condition of the Customer not disclosed to the Company;
• resulting from the Customer's failure to comply with safety instructions or with the trainer's
directions;
• resulting from inappropriate use of the equipment.
This clause shall not, however, exclude the liability of the Company or its coaches in the event of
gross negligence, wilful breach of basic safety rules, or in any cases where applicable law prohibits
the limitation or exclusion of liability. In particular, nothing in these Terms shall exclude or limit the
Company's liability for death or personal injury caused by negligence, for fraud or fraudulent
misrepresentation, or for any other liability which cannot be excluded or limited under applicable law
(including, where applicable, under the Consumer Rights Act 2015).
The Company strongly recommends that the Customer take out personal accident insurance covering
the practice of physical and sporting activities.
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CLAUSE 12 – UNDERTAKINGS BY THE COMPANY – WRITTEN EVIDENCE
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Only undertakings given in wri4ng by the Company's director (or, in the case of the LLP, by an
authorised Designated Member) to the official address contact@getbendy.info shall be binding on
the Company.
Informal exchanges (voice messages, SMS, telephone conversa4ons, exchanges via WhatsApp or
Messenger with a member of the team other than the director or the authorised Designated
Member) shall have the value of rou4ne communica4on and may not, in any event, cons4tute a
contractual undertaking modifying these Terms or crea4ng any obliga4on on the Company.
Any modifica4on of the terms of a contract, any refund, credit voucher, discount or postponement
must be the subject of a wriaen confirma4on from the director (or the authorised Designated
Member) sent from the Company's official address in order to be binding. Failing this, these Terms
shall apply in their en4rety.
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CLAUSE 13 – SUSPENSION AND TERMINATION OF THE ACCOUNT
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The Company reserves the right to suspend or terminate the account of any Customer who
breaches these Terms or, more generally, applicable statutory provisions, without prejudice to any
damages that may be claimed by the Company.
Any person whose account has been suspended or terminated may not subsequently place an
order or create a new account on the Websites without the prior express authorisa4on of the
Company.
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CLAUSE 14 – INTELLECTUAL PROPERTY AND TRADE MARKS
14.1 – GET BENDY® and BENDY® trade marks
The trade marks GET BENDY and BENDY, together with the logos, dis4nc4ve signs and visual
iden4ty associated with them, are registered trade marks of which Ms Sylvie PONT is the sole
proprietor. Use of these trade marks is exclusively reserved to Ms Sylvie PONT and to en44es
which she controls or to which she expressly grants a right of use under licence (in par4cular GET
BENDY ! SLU and GET BENDY LLP).
Any use of the GET BENDY and BENDY trade marks, or of signs liable to be confused with them, by
any other natural or legal person is strictly prohibited save with the prior wriaen authorisa4on of
Ms Sylvie PONT.
14.2 – Educa4onal content and methods
All content made available by the Company (videos, texts, photographs, educa4onal methods,
exercises, postures, rou4nes, training materials, visual iden4ty) is protected by intellectual
property law. The Company (or Ms Sylvie PONT, as the case may be) is the sole holder of the
exploita4on rights.
The Customer benefits from a strictly personal, non-exclusive and non-transferable right of use in
respect of the content to which they have access in connec4on with their order.
14.3 – Prohibi4ons
It is expressly stated that:
• the Customer's attendance at classes, a programme or a training course shall not confer on the
Customer any right of exploitation in respect of the content, methods, exercises or postures
taught;
• any reproduction, performance, public dissemination, sharing, making available to a third
party, sale or commercial exploitation, in whole or in part, of the content, by any means
whatsoever, is strictly prohibited;
• any reproduction or use of the content, methods, exercises or postures, in a commercial
context, or by relying on the goodwill of the GET BENDY or BENDY trade marks,
constitutes an infringement of intellectual property rights and exposes its author to the
sanctions provided for by law;
• the sharing of login credentials for the members' platform with a third party is strictly
prohibited and may result in the immediate termination of the account, without refund.
14.4 – Exception: affiliated structures
By way of exception to the foregoing, affiliated structures having signed an affilia4on agreement
with the Company (or with Ms Sylvie PONT) may benefit from a limited right of use in respect of
the trade marks and/or certain content, in accordance with the strict condi4ons set out in their
affilia4on agreement. Any use outside this contractual framework remains prohibited.
​
CLAUSE 15 – PROTECTION OF PERSONAL DATA
​
The Company collects and processes the Customer's personal data for the purposes of performing
the contract, managing their account, providing educa4onal follow-up and, where applicable, for
commercial communica4on purposes.
In accordance with applicable data protec4on legisla4on – and in par4cular, depending on the
contrac4ng en4ty, Andorran Law No. 29/2021 of 28 October 2021 on the protec4on of personal
data, the United Kingdom Data Protec4on Act 2018 and the UK GDPR, as well as the General Data
Protec4on Regula4on (GDPR) where applicable to residents of the European Union – the Customer
has rights of access, rec4fica4on, erasure, restric4on, portability and objec4on in respect of the
processing of their data.
These rights may be exercised at any 4me by email to contact@getbendy.info. For further details,
the Customer is invited to consult the Privacy Policy available on the Websites.
​
​
CLAUSE 16 – ARCHIVING AND EVIDENCE
​
Computerised records kept by the Company under reasonable security condi4ons shall be
regarded by the par4es as evidence of the communica4ons, orders, payments and transac4ons
between them.
The archiving of order forms, order confirma4ons and invoices is carried out on a reliable and
durable medium, so as to cons4tute a faithful and durable copy.
​
CLAUSE 17 – MISCELLANEOUS PROVISIONS
The Customer and the Company expressly acknowledge and accept that informa4on may be
exchanged electronically, in par4cular by email, via the training pladorm, or by messaging service
(WhatsApp, Messenger). The Company's official correspondence address is
contact@getbendy.info; any formal request or important communica4on must be sent to this
address, failing which it may not be relied upon against the Company.
These Terms may be amended by the Company at any 4me to take account of any legisla4ve,
regulatory or case-law developments, or any technical developments to the Websites. The
applicable Terms are those in force at the date of the order.
If any provision of these Terms is declared null or unenforceable, it shall be deemed not wriaen
and shall not entail the nullity of all the contractual provisions.
Any indulgence or waiver by either party in the applica4on of all or any of the undertakings
entered into under these Terms, whatever its frequency or dura4on may have been, shall not
cons4tute a modifica4on of these Terms or give rise to any right whatsoever.
​
CLAUSE 18 – GOVERNING LAW AND DISPUTE RESOLUTION
18.1 – General principle
These Terms are governed by the law of the country of the registered office of the contrac4ng
en4ty set out in the order confirma4on, namely:
• Andorran law, where the contracting entity is GET BENDY ! SLU;
• the laws of England and Wales, where the contracting entity is GET BENDY LLP.
18.2 – Prior amicable resolu4on
In the event of a dispute, the par4es shall endeavour, in good faith, to find an amicable solu4on.
To this end, the Customer is invited to send a detailed complaint to contact@getbendy.info. The
Company shall respond within a reasonable period and, at the latest, within sixty (60) days of
receipt of the complaint. Failing amicable resolu4on within this period, the par4es may have
recourse to conven4onal media4on or to any other alterna4ve dispute resolu4on method.
18.3 – Jurisdic4on – Consumer Customers resident in the European Union, Switzerland,
Norway, Iceland or the United Kingdom
In accordance with the mandatory consumer protec4on provisions, and in par4cular Regula4on
(EU) No 1215/2012 (Brussels I bis) and Regula4on (EC) No 593/2008 (Rome I):
• the Consumer Customer may, at their choice, bring proceedings before the courts of their
habitual place of residence or before the courts of the place of the Company's registered
office;
• the Company, where it brings proceedings against a Consumer Customer, may only do so
before the courts of the latter's habitual place of residence;
• the Consumer Customer retains the benefit of the mandatory protective provisions of the law
of their country of habitual residence, where these are more favourable than those of the law
applicable to the contract.
18.4 – Jurisdic4on – Consumer Customers resident in Andorra, the United Kingdom or
outside the European Union / Switzerland / Norway / Iceland
For Consumer Customers resident in Andorra, in the United Kingdom (where the contrac4ng en4ty
is GET BENDY ! SLU) or in any other country outside the European Union, Switzerland, Norway or
Iceland, exclusive jurisdic4on is conferred on the courts of the place of the registered office of the
contrac4ng en4ty:
• the Batllia d'Andorra, where the contracting entity is GET BENDY ! SLU;
• the competent courts of England and Wales, where the contracting entity is GET BENDY
LLP.
18.5 – Jurisdic4on – Business Customers
For Business Customers (any natural or legal person ac4ng for purposes within the scope of their
professional, commercial, cra;, professional services or agricultural ac4vity), exclusive jurisdic4on
is conferred, wherever their registered office or professional domicile is located, on the courts of
the place of the registered office of the contrac4ng en4ty, namely:
• the Batllia d'Andorra, where the contracting entity is GET BENDY ! SLU;
GET BENDY ! – Terms and Conditions of Sale
• the competent courts of England and Wales, where the contracting entity is GET BENDY
LLP.
This jurisdiction clause is expressly accepted by the Business Customer and constitutes a choice-of-
court agreement within the meaning of the Hague Convention of 30 June 2005 on Choice of Court
Agreements, where applicable.
​
18.6 – Media4on for European consumers
The Consumer Customer resident in the European Union is informed of the op4on to use the
European Online Dispute Resolu4on pladorm (ODR), accessible at: haps://ec.europa.eu/
consumers/odr.