Version dated July 7th, 2020
Designation
The company Doc ‘Language means a professional training organization, whose headquarters is located at 6 rue Torte, 34660 Cournonterral. The company Doc ‘Language sets up and provides training in-company and at home in an area close to the city of Montpellier, as well as, online trainings anywhere, alone or in partnership.
Definitions
We will then designate:
‘Site’ or ‘Service’: the https: // doclangues.fr site and all of its pages.
‘Products’ or ‘Modules’: all of the intangible services that can be purchased or subscribed to on the site.
‘Editor’: The person, legal or physical, responsible for the editing and content of the site.
‘User’: The user using the website or any of its products.
And ‘Customer’ the internet user making a service purchase on the site.
Article 1: Purpose of the Site
The purpose of this site is determined as the portal of a training organization and Learning Management System (LMS) software. The site is freely accessible to all internet users. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the entirely of these general conditions of use, which acknowledges the same fact to have read it fully. This acceptance will consist, for the Internet user, in ticking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention “I acknowledge having read and accepted all the general conditions of the site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The internet user recognizes the proof value of the automatic recording systems of the publisher of this site and, except for providing proof to the contrary, he renounces to challenge them in the event of a dispute. Acceptance of these general conditions presupposes that users have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, a curator or his legal representative.
Article 2: Terms Imposed by the Law of Confidence in the Digital Economy
This site is edited by the officer (s) of Doc’Langues.
The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site.
Information concerning the collection and processing of personal data (privacy policy) is provided in the site’s privacy policy.
The Publisher makes available to the Client, on its Site, a confidentiality policy specifying all the information relating to the use of the Client’s personal data collected by the Editor and to the rights which the Client has with regard to this personal data. The privacy policy is part of the TERMS OF USE. Acceptance of them, therefore implies acceptance of the data privacy policy.
Article 3: Characteristics of the Services Offered
The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description established by the site editor.
The assistance service of this site is accessible by e-mail to the following address: contact@doclangues.fr or by post to the address indicated in the legal notice, in which case the publisher undertakes to provide a response within 7 days.
Article 4: Prices
The prices appearing in the catalog are prices understood in Euros all taxes included (TTC), Doc’Langues certifies to be exempt from VAT. But in the event that this exemption is no longer valid, the VAT applicable on the day of the order will be taken into account. The publisher reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The Publisher may provide a free “trial period” or a “functionally limited version” free of charge to its customers. This trial period or this free version is then not subject to any prior regulation on the part of the Customer.
The Customer may at any time change the duration of service, for a greater or lesser duration , and must for this reason notify the Publisher by e-mail before the end of its initial engagement period, but must fulfill, where applicable, the cumulative monthly difference in the subscription price corresponding to its initial commitment period. The customer accepts that the Publisher can change the prices at which he sells his services, without this affecting the price to which he initially subscribed and which he undertook to pay in consideration for the Services of the Editor in the Purchase Order during the entire Term. The new Price policy is immediately applicable (i) for new customers, and (ii) for new Modules added to the Services, whether the customers are new or existing. For existing customers, the new Price policy for existing Services will be applicable after renewal of the Duration. The Prices applicable to Customers when creating their account are guaranteed until the Duration is renewed.
Article 5: Member or User Area
The user registered with the site (member) has the possibility of accessing it by logging in using his identifiers (e-mail address defined during his registration and password).
The user is fully responsible for protecting the password they have chosen. He is encouraged to use complex passwords. If the password is forgotten, the member can generate a new one. This password guarantees the confidentiality of the information contained in its “my account” section and the user therefore refrains from transmitting it or communicating it to a third party. Otherwise, the site editor cannot be held responsible for unauthorized access to a user’s account.
The creation of a personal space is a prerequisite for any subscription or contribution of the member on the Learning Management System space.
To this end, the member will be asked to provide a certain amount of personal information.
The member undertakes to provide exact information. The purpose of data collection is to create a “member account”. This account allows the member to consult the Products purchased on the site and the subscriptions of which he is the holder.
If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only informative. The pages relating to the member accounts are freely printable by the holder of the account in question but do not constitute any proof, they have only an informative character intended to ensure an effective management of subscriptions and possible contributions of the member.
The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example being of any exhaustive nature ) when the member has knowingly provided incorrect information during his/her registration and / or the creation of the personal space or any account that has been inactive for at least one year.
Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Publisher to initiate legal proceedings against the member, when the facts justifies it.
Article 6: Exemption of the Publisher’s Responsibility in the Context of the Execution of this Contract
In the event of impossibility of access to the site, due to technical problems or of all kinds, the User will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limiting duration, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the award of damages on the part of the site or from its publisher.
The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the editor of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are incorrect or incomplete.
The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the laws in force. Likewise, the responsibility of the publisher of this site cannot be engaged if the visitor’s visit to one of these sites causes him/her harm.
Article 7: Intellectual Property Rights Relating to the Elements Published on this Site
The Customer is and remains the owner of all the Data which he uses via the Services within the framework of the Contract.
The Publisher is and remains the holder of the property rights relating to any element of the Application Services and Solutions made available to the Customer, as well as more generally than the IT infrastructure (software and hardware) implemented or developed within the framework of the Contract.
The Contract does not confer on the Client any property rights over the Service. The temporary provision of services under the conditions provided for in the Contract cannot be analyzed as the transfer of any intellectual property right for the benefit of the Client, within the meaning of the French Intellectual Property Code.
The Customer is prohibited from reproducing any element of the Software, content or any documentation relating to them or the training, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
The Client may not assign all or part of the rights and obligations resulting from the Contract, whether in the context of a temporary assignment, a sublicense or any other contract providing for the transfer of said rights and obligations.
Article 8: Intellectual Property Rights Relating to Media and Brands
The Doc’Langues and NEO brands and logos contained on the site are registered by the site’s publisher (s), or possibly by one of its partners. Anyone performing their representations, reproductions, hosting, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
Training materials, whatever their form (paper, digital, electronic, etc.) are protected by intellectual property and copyright. Their reproduction, partial or total, cannot be carried out without the express agreement of the company.
The client undertakes not to use, transmit or reproduce all or part of these documents for the purpose of organizing or conducting training.
Article 9: Limitation of Liability
The site editor is only bound by an obligation of means; its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the Service or others.
Doc’Langues cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of a total or partial strike of external services or disasters caused by floods or fires. The user expressly admits using the site at his own risk and under his exclusive responsibility.
The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, the publisher can in no way be held responsible:
– any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data that may, among other things, result from the use of the site, or on the contrary, the impossibility use;
– a malfunction, unavailability of access, improper use, improper configuration of the user’s computer, or even the use of a browser little used by the user;
– the content of advertisements and other external links or sources accessible by the user from the site
Article 10: Access to the Site
The responsibility of the editor of the site cannot be engaged due to a technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even a misconfiguration or use of the user’s computer.
Article 11: Account Closure
Each member of the site is free to close their account. For this, the member must send an e-mail to the site indicating that he wishes to delete his account. The recovery of his data by the member is possible under the conditions specified in the section of these general conditions concerning the return of data.
Article 12: Applicable Law and Mediation
These general conditions are subject to the application of French law. They can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his subscription to a service on this site. The publisher of the site undertakes to keep the old versions of these general conditions in the event of changes and to send them to any User who requests them.
Unless provisions of public order, any litigation which could arise within the framework of the execution of these general conditions could before any legal action be subjected to the appreciation of the editor of the site with a view to an amicable settlement.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless stated otherwise, in the public interest, any legal action relating to the execution of this contract must be submitted to the jurisdiction of the courts of the jurisdiction of the Court of Appeal of Montpellier (34).
Consumer mediation According to article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between them to this end, the professional guarantees the consumer the effective use of a consumer mediation system “.
The Publisher offers its consumer customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the Médicys approved mediation center
- contact@medicys.fr
- https://medicys-consommation.fr/
It is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
Article 13: Use of Cookies
A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use “Cookies” mainly for
1) obtain navigation statistics in order to improve the User experience,
2) allow access to a member account and to content that is not accessible without a connection.
The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition.
The User can refuse the registration of “Cookies” or configure their browser to be notified prior to acceptance of “Cookies”. To do this, the User will configure his browser:
– For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/fr-fr/ht1677
– For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver- cookies- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 1 4: Termination
In accordance with article L.221-28 of the Consumer Code, Doc’Langues providing access to an online tool, with initial and / or regular billing according to the methods specified in the section specifying the access conditions to the software of these general conditions, the site is eligible for withdrawal, but this cannot result in the reimbursement of the amount already paid for the period already past.
It will therefore be a termination, with cancellation of the contract and therefore future regulations.
And acceptance of these conditions entails acceptance of the loss, as a result, of the legal right of withdrawal established in the above-mentioned article.
In the event of a breach by one of the parties (Client or Publisher of the site) to its contractual obligations, the contract may be automatically terminated by the other party after sending a letter of formal notice sent by registered mail. with acknowledgment of receipt remained without effect. The formal notice will indicate the defect (s) noted.
In the event of termination, the site will notify the Customer of the upcoming termination of its membership and the customer will stop using the access codes to solutions and services. The total or partial inability to use the Service in particular due to incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the publisher’s liability, except in the case of a proven hidden defect, non-compliance, defectiveness or exercise of the right of withdrawal. In the event that an order or part of an order is not made available, the customer has six months maximum (from the date of access to the online service) to come forward.
Beyond this period, no complaint will be accepted.
The Customer may terminate his contract at any time by simple e-mail addressed to the Publisher. The Client understands and accepts that if he notifies the Publisher less than 1 calendar week before the end of the month, the following month will be deemed already committed and due: a new period of one (1) month of engagement will then be automatically declared, following which this Contract will definitively end.
The contractual relationship defined by these Terms of Use will be deemed to be extinguished in the event of one of the following causes:
(i) By non-payment of the monthly payment due by the Customer to the Publisher, after a grace period 10 days.
(ii) At any time, by mutual agreement between the parties.
(iii) By the termination of the contract formulated by the Publisher based on the non-compliance on the part of the customer of one of any obligations in accordance with the provisions of these General Conditions of Use or of the order form, without prejudice to the right of the Publisher to opt for the extension of the contract and to require the client to comply in full with its obligations and to ask him, for any of the preceding cases, to compensate for the damage caused by non-compliance in question.
(iv) By the termination of the contract made by the Publisher, for any other reason. In this case, the Publisher undertakes to notify its Customers at least one (1) year before the scheduled shutdown of its Services.
The customer undertakes that, within the maximum period of fifteen (15) days from the expiration of the license to use the Services, whatever the cause, to remove from its IT equipment any support or documentation or elements relating to the Service.
Article 1 5: Archiving
The Publisher will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 1 6: Restitution of Data
In the event of termination of the contractual relationship, whatever the cause, the publisher of the site undertakes to destroy or restore, at the option of the Client, at the first request made by registered letter with acknowledgment of reception, all the data belonging to it. The client will actively collaborate with the site to facilitate data recovery. The site will ensure that the customer can continue to use the data, without interruption, directly or with the assistance of another provider.
Article 17: Framing of Conditions
If a provision of these general conditions is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the general conditions and will not affect the validity and applicability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not transferable or sublicensable by the user himself/herself. A printed version of the general conditions and all notices given in electronic form may be requested in legal or administrative proceedings relating to the general conditions. The parties agree that all correspondence relating to these general conditions must be written in French.
Article 1 8: Notifications
Any notification or opinion concerning these general conditions, legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service which allows you to regularly follow its packages, or by email to the addresses indicated in the legal notices of the site, specifying your names, first names, contact details and subject of the notice.
Article 19: Inaccuracies
It may be possible that, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the general conditions, legal notices or the charter personal data. In addition, it is possible that unauthorized modifications are made by third parties on the site or on related services (social networks, etc.). We are making every effort to ensure that these types of discrepancies are corrected. In the event that such a situation escapes us, please contact us by post or email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you.
Article 2 0: Complaints
Any complaint related to the use of the site, its services or any other related service, the pages of the site on possible social networks or the general conditions, legal notices or charter of personal data must be filed within 365 days of day of origin of the problem causing the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim is not filed within 365 days, such claim will forever be unenforceable in court.