Concurrences Academy - November 2022
1. Legal notice
Concurrences Academy is a French société à responsabilité limitée (SARL) incorporated under the laws of France Law with a share capital of 1 €, registered at the Paris Chamber of Commerce under RCS number 918 975 715 (VAT number: FR 44 918975715). Concurrences Academy is headquartered at 19 Avenue Jean Aicard - 75011 Paris, France. Phone number: +33 06 95 25 93 33 and the CEO is Nicolas Charbit, PhD.
The Website is hosted by OVH SAS, 2 rue Kellermann - 59100 Roubaix, France. Phone number: +33 9 55 00 66 33
2. Definitions
As used in these Terms of Use (the “Terms”), the following terms shall have the following meanings:
Company: Means Concurrences Academy as identified in Article 1.
Services: Refers to the Website functionalities as described in Article 5.
User: Means any person navigating on the Website and accepting the Terms
Website: Refers to academy.concurrences.com operated by the Company.
3. General
These Terms cover the use of the Website. User must read carefully and agree to the Terms prior to navigating, using or purchasing a service on the Website.
These Terms apply to the extent they do not conflict with any user terms that specifically apply to mobile applications and/or websites. User will be asked to agree to those terms separately.
4. Acceptance of these Terms
By using the Website, User is deemed to agree to these Terms. User’s agreement to these Terms establishes a contractual relationship with the Company. If User does not agree to these Terms, it is its own responsibility to immediately leave this Website.
5. Use of Website
5.1. The services provided to User by the Company consist of:
– access to and use of the Website which offers User, free of charge, information in English on the Company and upcoming digital training, their duration, their characteristics and their costs;
– access to and use of the online platform accessible through the Website which gives User access to material relating to digital training provided in English;
– payment collection for User’s registration to digital training enabling it to access and use the online learning platform accessible through the Website.
The Service on the Website is provided to User for personal non-commercial use only and is subject to these Terms.
5.2. User may not sell on or sublet the Service or any content contained in the Service on the Website.
5.3. When using the Website, User must comply with all applicable laws. User may only use the Website and the Service for lawful purposes. In particular User may not use the Website nor the Service:
– To transmit defamatory, offensive or abusive material or material of an obscene or menacing character;
– In breach of copyright or other intellectual property rights.
User must not, in its use of the Website and Services, cause nuisance, annoyance, inconvenience, or property damage, whether to other users, to the Company or any other party.
The Website can be accessed on most modern computer and mobile devices with an internet connection and, when necessary, equipped with popular operating systems such as Android or iOS.
User is responsible for obtaining the network access necessary to use the Website and Services and is responsible for any rates and fees from its mobile network provider, including from data consumption while using the Website.
5.4. The Company may temporarily restrict User’s access to and use of the Website if there is a suspected breach of its obligations provided for in these Terms.
The Company reserves the right to monitor User’s use of all content, services, and tools to ensure User’s compliance with the Terms. If it appears that User is not in compliance with these Terms, the Company reserves the right to take actions as are deemed necessary, including, but not limited to, suspension and/or termination of User’s account. User acknowledges that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use from subscription accounts.
6. User’s personal account and password
When User first purchases digital training on the Website, User is asked to set up a personal account and a password. Username and password are personal and must be kept secret and not be passed on to any third party.
User must immediately notify the Company if it has any reason to believe that someone else knows its username or password or if it suspects that someone else is using its personal account.
The Company cannot be liable for any loss or damage if User fails to keep its password confidential, if user allows anyone else to use its personal account, if it uses someone else’s password or account or if it suspects or becomes aware of any unauthorized use of its password or account without immediately notify the Company.
7. Warrant and responsibility
7.1. The Website and its Service are provided on an "as is" basis and without any warranties or guarantees of any kind including without limitation warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose. User must bear the risks associated with the use of the Internet.
7.2. In particular, the Company disclaims all liabilities in connection with the following:
– Incompatibility of the Website with any of User’s equipment, software or telecommunications links;
– Technical problems including errors or interruptions of the Website;
– Unsuitability, unreliability or inaccuracy of the Service;
– Inadequacy of the Service to meet User’s requirements.
The Website may be subject to limitations, delays, and/or other problems due to the use of the internet and electronic communications provided by a third-party provider, the unforeseeable and insurmountable fact of a third party or the occurrence of a force majeure event. The Website may be subject to interruptions in the context of maintenance that may affect the use of the Services and for which User will be informed if necessary.
7.3. To the full extent allowed by applicable law, the Company shall not be liable for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of turnover, loss of agreements or contracts, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
7.4. User acknowledges that the Company accepts no liability for any services or other material provided through the Website and the Service where such Service and/or material is provided by third parties who provide content to the Service or whose services and/or materials are hypertext linked from and to the Website.
7.5. User may not use the Website or the Service to transmit any material (including viruses) which is likely to cause harm to the Company or anyone else’s computer systems.
7.6. User agrees to fully indemnify and to hold the Company indemnified from and against any claim brought by a third party resulting from User’s use of the Website or the Service and with respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by the Company in consequence of User’s breach or non-observance of these Terms.
7.7. The Company and its affiliates will not be liable in connection with the Website use for any amount that exceeds the total price paid or payable for the Service use.
7.8. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to User, some or all of the above limitations may not apply to the latter, who might have additional rights.
8. Intellectual property
The Company reserves all rights not expressly granted in these Terms. The Website, Services and all data gathered through the use of the Website (including course content, all materials distributed at or in connection with the course and, broadly all intellectual property rights in all of the foregoing) are and remain the Company’s property and/or course presenters and trainers.
User may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Website; (b) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of the Website; (c) use, display, or manipulate any of the Company’s names, logos, products or service names, trademarks, service marks other indicia of ownership, or copyrights.
User may not use or reproduce or allow anyone to use or reproduce any materials distributed at or in connection with the course for any reason without the prior written permission of the Company.
9. Personal data protection
9.1. The Company processes personal data in accordance with the Law Informatics and Freedoms and the 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, and repealing Directive 95/46/EC (General Data Protection Regulation).
9.2. The Company is responsible for the processing of personal data. The Company may ask User for certain personal data to provide its Services. This personal data includes User’s contact details including name, email, billing address, login and account information, password, payment or credit card information. The Company uses this personal data:
– to provide User access to the digital learning platform and Services,
– to communicate information about its Services,
– to operate, improve and maintain its activity and the provision of its Services such as for accounting, audits or internal purposes,
– to enhance User’s experience and to help the Company diagnose technical and service problems and administer digital learning platform.
9.3 The Company shares User’s personal data with its mother company (Institut de droit de la Concurrence) and for the purposes outlined above and with service providers processing personal data on Company’s behalf, for example to process credit cards and payments. When using service providers, the Company enters into agreements that require them to implement appropriate technical and organisational measures to protect User’s personal data.
The Company does not proceed to international transfer of personal data otherwise than with companies part of its group of companies such as Institut de Droit de la Concurrences (its mother company). Those companies may be located either in France, in the UK or in the US. They may have access to the personal data collected by the Company only to provide Users information on events organised by the Company or one of the companies part of its group.
9.4. User has the right to request from the Company access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability by sending an email to edouard@concurrences.com. User may also lodge a complaint with the CNIL (National Commission on Informatics and Freedoms).
10. Applicable law and jurisdiction
10.1. These Terms are governed by, and are to be construed in accordance with French Law.
10.2. French Law is exclusively applicable to any dispute which has arisen or may arise out of, or in connection with, these present Terms.
10.3. The Courts of Paris will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, these present Terms.
10.4. The present clause shall not deprive any user of the mandatory consumer protections (if applicable) under the law of the country to which the Company directs its Website consumers have habitual residence. With respect to jurisdiction, Courts of the country to which the Company directs its Website and where consumers have habitual residence will have jurisdictions for all disputes arising out of or relating to the Terms, or in the alternative, consumers may choose the responsible court in France.
10.5. Consumers may be entitled to seek to settle the consumer dispute with the Company out-of court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.