GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
The purpose of the present general conditions is to define the terms and conditions of use of the services offered on the site www.trainy.co (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the home page of the site.
2. Operator of the Services
The Services are operated by ELEVENACT, a company with a share capital of 900,000 euros, registered with the Lyon Trade and Companies Register under number 8902 583 517, whose registered office is located at 18 rue des roses 69730 Genay (hereinafter referred to as "ELEVENACT").
ELEVENACT can be contacted at the following address:
Postal address: 18 rue des roses 69730 Genay / 6-8 rue André Voguet 75013 Paris E-mail address: [email protected]
3. Access to the site and the Services
The Services are accessible, subject to the restrictions provided on the site:
- to any natural person who has full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the agreement of his or her legal representative;
- any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
4. Acceptance of the general conditions
The acceptance of the present general conditions is materialized by a box to be ticked in the registration form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The User who does not agree to be bound by these terms and conditions must not use the Services.
5. Registration on the site
5.1 The use of the Services requires the User to register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the User's name (hereinafter: the "Account"), giving the User access to a personal space (hereinafter: the "Personal Space") that allows the User to manage his/her use of the Services in a form and according to the technical means that ELEVENACT deems most appropriate to render said Services.
The User guarantees that all information provided in the registration form is accurate, up-to-date and sincere and is not misleading.
The User undertakes to update this information in his Personal Space in the event of changes, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
5.2 The User may access his Personal Space at any time after having
identified with his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
The User is likewise responsible for maintaining the confidentiality of his/her login and password. The User must immediately contact ELEVENACT at [email protected] if he/she notices that his/her Account has been used without his/her knowledge. The User acknowledges that ELEVENACT has the right to take all appropriate measures in such a case.
6. Description of the Services
The User has access to the Services described on the Site, in a form and according to the functionalities and technical means that ELEVENACT deems most appropriate.
7. Services and prices
As part of its equal opportunity approach, all services offered by www.trainy.co are free of charge.
8. Obligations of the User
Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:
9.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the User is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that are incumbent upon him/her, where applicable, in connection with his/her use of the Services. ELEVENACT shall not be held liable in any way in this regard.
9.2 The User acknowledges that he/she has taken note of the characteristics and constraints, particularly technical, of all the Services on the site. The User is solely responsible for his/her use of the Services.
9.3 The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
9.4 The User is also solely responsible for the relationships he/she may establish with other Users and for the information he/she communicates to them in the context of the Services. It is the User's responsibility to exercise due care and discretion in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy in his exchanges with other Users.
9.5 The User agrees to make strictly personal use of the Services. Consequently, he/she shall not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
9.6 The User agrees to provide ELEVENACT with all information necessary for the proper execution of the Services. More generally, the User agrees to actively cooperate with ELEVENACT for the proper performance of the Services.
9.7 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services (hereinafter referred to as "Content").
The User warrants to ELEVENACT that he/she has all the rights and authorizations necessary for the distribution of such Content.
The User undertakes to ensure that the said Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to incur the civil or criminal liability of ELEVENACT.
The User thus agrees not to distribute, in particular and without this list being exhaustive
- pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content
Content that is untruthful, misleading or offers or promotes illegal, fraudulent or deceptive activities, - Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.)
and more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
9.8 The User acknowledges that the Services offer an additional but not alternative solution to the means he/she already uses to achieve the same objective and that this solution is not a substitute for these other means.
9.9 The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
9.10 The User is informed and accepts that the implementation of the Services requires him to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
10. Warranty of the User
The User shall indemnify ELEVENACT against any and all complaints, claims, actions and/or demands that ELEVENACT may suffer as a result of the User's breach of any of its obligations or guarantees under the terms of these general conditions.
The User agrees to indemnify ELEVENACT for any and all damages suffered by ELEVENACT and to pay any and all costs, charges and/or judgments that ELEVENACT may incur as a result.
11. Prohibited behavior
11.1 It is strictly prohibited to use the Services for the following purposes :
- the exercise of illegal or fraudulent activities or activities that infringe on the rights or security of
intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, sending unsolicited emails and/or commercial prospecting or solicitation, - manipulations intended to improve the referencing of a third party site
any of the acts and activities described above, - and more generally any practice that diverts the Services to purposes other than those for which they were
other than those for which they were designed.
11.2 Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the ELEVENACT Web site to their own purposes or to those of third parties.
11.3 The following are also strictly prohibited (i) any behavior of such a nature as to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into ELEVENACT's systems, (iii) any misappropriation of the site's system resources, (iv) any actions of such a nature as to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act that may be detrimental to the financial, commercial or moral rights and interests of ELEVENACT or the users of its site, and more generally (vii) any breach of these terms and conditions.
11.4 It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.
12. Penalties for breaches
In the event of a breach of any of the provisions of these Terms and Conditions or, more generally, of any violation of applicable laws and regulations by a User, ELEVENACT reserves the right to take any appropriate action and, in particular, to:
(i) suspend or terminate the access to the Services of the User who is the author of the breach or
(i) suspend or terminate the access to the Services of the User who is the author of the breach or infringement, or who has participated in it, (ii) delete any content posted on the Site, (iii) publish on the Site any information message that ELEVENACT deems useful, (iv) notify any relevant authority, (v) initiate any legal action.
13. ELEVENACT's liability and warranty
13.1 ELEVENACT undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that ELEVENACT has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
13.2 ELEVENACT has no knowledge of the Content uploaded by Users as part of the Services, and does not moderate, select, verify or control such Content in any way, and acts only as a hosting provider.
Consequently, ELEVENACT cannot be held responsible for Content, the authors of which are third parties, and any possible claim must be directed in the first instance to the author of the Content in question.
Content that is harmful to a third party may be notified to ELEVENACT in accordance with the terms and conditions set forth in Article 6 I 5 of the French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, with ELEVENACT reserving the right to take appropriate measures.
13.3 ELEVENACT declines all responsibility in the event of the loss of any information accessible in the User's Personal Space, as the User must save a copy of such information and may not claim any compensation in this regard.
13.4 ELEVENACT undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, ELEVENACT reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, ELEVENACT shall not be held responsible for any difficulties or temporary impossibility of accessing the site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunication networks.
13.5 ELEVENACT does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or deficiencies, (ii) that the Services, being standard and in no way offered solely for the use of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
13.6 In any event, the liability that may be incurred by ELEVENACT under this Agreement is expressly limited to proven direct damages suffered by the User.
14. Intellectual Property
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by ELEVENACT within the site are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of ELEVENACT is strictly prohibited and may be subject to legal action.
15. Personal Data
By registering on our website and to our newsletter, the User accepts that the information he/she provides may be shared with ELEVENACT's partner companies (audit firms, consulting firms, investment banks, M&A boutiques, etc.).
ELEVENACT reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by ELEVENACT.
17. Links and third party sites
ELEVENACT shall in no way be held responsible for the technical availability of Internet sites or mobile applications operated by third parties (including any of its partners) to which the User may have access through the Site.
ELEVENACT is not responsible for any transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed through the Site and shall not be a party to any dispute with such third parties regarding the delivery of products and/or services, warranties, representations or other obligations of any kind to which such third parties are bound.
18. Duration of the Services, deregistration
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time by sending a request to this effect to ELEVENACT by email at: [email protected]
Unsubscription is effective immediately. Unsubscription shall result in the automatic deletion of the User's Account.
ELEVENACT reserves the right to modify these terms and conditions at any time.
The User will be informed of these modifications by any useful means. Any User who does not accept the modified terms and conditions must unsubscribe from the Services.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
21. Applicable law and jurisdiction
The present general conditions are governed by French law.
After attempting to reach an amicable agreement and in the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
22. Entry into force
These terms and conditions came into effect on December 15, 2018.