General conditions of use

For Didask platform learners

Preamble — Presentation/Disclaimer
DIDASK (hereinafter referred to as the Company) offers client companies the possibility of developing and distributing Training Courses to Learners, invited to participate on an online educational platform dedicated to Learners.
The educational architecture of the Courses is designed to allow the Learner to:
- to learn by practising continuously;
- to master knowledge on a lasting basis, by spacing out learning;
- to learn according to personal learning trajectories based on previous knowledge.
Article 1 — Definitions
1. “Platform” : Online learning and training tool allowing Learners to access Training Courses, created or developed through DIDASK, in which they have been invited to participate;

2. “Learner” and/or “User”{''}: any natural person, whose access has been validated by the Client Company, registered on the Platform and having access to the Training.

3. “Customer company” and/or “Organization” : any legal entity that has, through its legal representative, requested DIDASK for the development and/or deployment of a Pedagogical Training on a Platform dedicated to it and through which its collaborators, employees, partners will be able to access the Training Courses in which they have been invited to participate.

4. “Training”: Educational training course, created and distributed by an Organization using Didask tools, bringing together all sound and/or visual elements (recordings, videograms, photographs, texts, texts, images, images, images, images, logos, logos, logos, exercises, quizzes etc.).
Article 2 — Purpose
1. The purpose of these Terms for Learners is to define the conditions of use of the Platform and the services attached to it. In particular, they specify the respective rights and obligations of DIDASK and any User.

2. These General Terms and Conditions are expressly accepted by the User during the registration process described in article 3 of these Terms and Conditions. These CGU constitute the contract concluded between the User and the Company (hereinafter the Contract). They apply to all forms of use of the Platform.

3. These General Conditions may be subject to additions, deletions and/or modifications of any kind whatsoever at any time. The User acknowledges that by accessing the Platform after these possible modifications, he expressly accepts them. If major changes are made, Didask will notify them the next time they log in to allow them to review these changes. If the User continues to use the Platform it means that he accepts the updates.
Article 3 — Conditions of registration to the Platform and access to Training Courses
By registering on the Platform, the Learner authorizes the Company to collect data relating to his personal learning trajectories and to transmit them to the Organization that invited the Learner to complete the online training. The list and use of this data is detailed in the Personal data protection policy.

1. The Learner will register on the Platform in order to be able to access a Training, which he will be able to do freely if it is defined as being public by the Organization distributing it, or if he receives an invitation from it. The Learner will then be able to register by creating an account that is personal to him. Before accessing the Platform, the consent of minors under 16 must be given by the holder of parental authority.

2. To create an account, the User must provide the following information: email address

The User guarantees that the information provided by him when creating his account is complete, true and accurate. The User is solely responsible for the accuracy and completeness of the information provided.

The Company ensures the right to access and rectify the User's personal data in accordance with the provisions of article 12 hereof.

1. The creation of a password composed of 8 characters or more including at least one letter and one number is required to create the account. A confirmation of the password is requested when creating the account. This password is personal to the User. It is up to him to ensure its security and confidentiality.

2. Acceptance of these Terms of Use finalizes the User's registration. The User activates his account by following the URL sent to him by email at the end of the account creation process. In the event of loss or forgetting of his password, the Company will send him by email the procedures to remedy it.

3. To access the Platform, the User enters his email address and the related password. He may change this password at any time, in accordance with the procedure provided for this purpose on the Platform.

4. When accessing a Training, the Learner may be offered to receive commercial information from the Organization that distributes this Training.

5. Once connected to the Platform, the Learner will have access to all the Trainings in which he has been invited to participate by the Organization as well as to the Trainings broadcast in public mode.

6. The User has a unique and personal Account. It is forbidden to transmit it to a third party, by any means whatsoever, for a fee or free of charge. The Company cannot be held responsible for damages resulting from any unauthorized access and/or use of the Platform by third parties.
Article 4 - Ownership
1. The information contained on our Website is protected by French intellectual property law in force.

2. The mention of the Company's corporate name, logo, products and Didask brand on our Website does not in any way grant any license or right to use said brand, logo and name, which cannot be used without the express written consent of the Company.

3. The Company is the exclusive owner of all intellectual property rights both in the design and in the content of the Platform (texts, logos, images, sound elements, software, icons, layout, database, etc.) or has regularly acquired the rights allowing the exploitation of the structure of the Platform. It does not own the Educational Content directly created by the Organization and/or by third parties. The reproduction, imitation or application, in whole or in part, of trademarks and designs belonging to the Company is strictly prohibited without the prior written consent of the Company. As such, the User acknowledges and accepts that it is strictly forbidden to:

- copy, distribute, publish, decompile, decompile, disassemble, reverse engineer, modify or translate software,
- attempt to access the source code of the software for any reason and in particular to create works or works derived from the software,
- sell, transfer software or grant a sublicense of software,
- make software accessible to a third party by a computer network or by any other means,
- use software for fraudulent purposes or in violation of applicable legislation or regulations, such as robots or automatic means.

Any distribution, performance or presentation in public, rental, sale, transmission, transmission, transmission, transfer, transfer, transfer, transfer, publication, modification, copy, creation of derivative works, grant of sublicense, and more generally any reproduction or representation, total or partial, of the Platform, the software or its contents, constitutes an infringement subject to criminal sanctions.

It is also forbidden to extract and/or use a quantitatively or qualitatively substantial part of the content of the Platform, of any nature whatsoever, within the meaning of article L. 342-3 of the Intellectual Property Code.
Article 5 - Responsibility
1. The Company offering the Platform acts as a host within the meaning of article 6-I-2 of the LCEN (law for confidence in the digital economy) law No. 2004-575 of 21 June 2004. When DIDASK did not have to create the content of the Training, no prior control of the educational content put online by the Organization will be carried out. DIDASK cannot therefore be held responsible for these Educational Contents.

2. Anyone considering that Educational Content posted on the Platform would infringe their rights may send an email to the Company at the address assistance@didask.com. This email must mention:
- the identity of the Organization that put this Educational Content online;
- the page on which the Educational Content was viewed;
- the precision of the type of right that was allegedly infringed;
- the name and contact details of the person considering that there is an infringement of their rights as well as an email address allowing to communicate with them.

The Company will notify the Organization concerned by this complaint and collect its explanations. In the event that the content appears to be clearly illegal, the Company reserves the right to remove it without notice. Otherwise, the Company reserves the right not to process the deletion request.

1. The User undertakes to indemnify the Company as well as its affiliated companies, its representatives, its representatives, its employees, its partners, against any damage, complaint or request from third parties resulting from a violation by the User of any of the provisions of the contract or the applicable regulations.

2. In case of necessity, in particular in the event of maintenance work, technical failure, high traffic, damage to the automated data processing system, or difficulties arising from the Internet network, access to the Platform or to certain services as well as the operation of the Platform by internet may be temporarily suspended, or even stopped definitively, which the User acknowledges and accepts.

3. The Company may, where appropriate, be held liable to the User or to any third party for any malfunction, suspension or interruption of the Platform and/or the Platform only in the sole case where such an event is due to a fault on its part.

4. The User acknowledges and accepts that, to the extent permitted by the regulations, the Company cannot be held responsible for any direct or indirect damage, including in particular losses and losses of profits, customers, data or any other loss of intangible assets that may result from a case of force majeure, or any other event beyond the will of the Company or of the violation by the User of any of the provisions of the contract or regulation. applicable.
Article 6 — Availability of the service
1. Online access to the Platform is possible at any time except in cases of force majeure or events beyond the control of the Company.

2. The User declares that he is fully aware of the constraints of the Internet, and in particular that the transmissions of data and information on the Internet do not benefit from total technical reliability.

3. The Company is not bound by any performance obligation concerning the accessibility of the Platform.

4. The Company is in no way responsible for these interruptions and for the consequences that may result for the User or any third party.

5. The Company reserves the right to suspend or limit, without prior notice, access to all or part of the Platform, in particular for maintenance operations necessary for the proper functioning of the Platform, or for any other reason, in particular technical.

6. The User is informed that the Company may terminate or modify the characteristics of the Platform, at any time, and without notice, without the User having recourse against the Company.
Article 7 — Protection of personal data — Confidentiality policy
Aspects relating to the protection of personal data and to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and to the free movement of such data are addressed in the Didask Personal Data Protection Policy.
Also, we invite you to consult our Personal data protection policy that applies to the use of the Platform. Its terms are an integral part of these T&Cs.
Article 8 — Viruses, computer hacking
1. The User is prohibited from using the Platform in an abusive manner by introducing, knowingly or by negligence, viruses, Trojan horses, worms, logic bombs or other hostile or technologically dangerous material.

2. The User is also prohibited from trying to obtain unauthorized access to the Platform, to the servers on which the Platform is stored or to any server, computer or database connected to the Platform.

3. The Company cannot be held responsible for any loss or damage caused by a virus or any other technologically dangerous material that may infect the User's computer equipment, data or any other material due to the use of the Platform or the download of material appearing on the Platform or on any other Platform linked to it.
Article 9 — Various
1. In the event that any of the terms of these Terms are considered illegal or unenforceable by a court decision, the other provisions will remain in force.

2. In application of the legal provisions in force, the information delivered by the Platform is authentic between the parties. The information elements relating to the User, as well as the quality of the data received, will be authentic by priority as appearing on the Company's information systems, or as authenticated by the Company's computerized procedures, unless the User provides written proof to the contrary.
Article 10 — Violation of these general conditions of use
The Company reserves the right to disclose, at any time, any information deemed necessary to comply with applicable law, regulations, in the event of a request made by the State, or in the context of legal proceedings.
Article 11 — Applicable law and attribution of jurisdiction
These general conditions are governed by French law. Any dispute to which these general contract conditions may give rise, concerning both their validity and their interpretation, their execution, the termination of the service, their consequences and their consequences, will be submitted to the competent courts of Paris.
Article 12 — Accommodation
The Platform is hosted on servers in Europe (Ireland, Germany) belonging to Amazon Web Services and deployed via the Heroku service.
The databases are hosted on servers in France belonging to Amazon Web Services and deployed via the MongoDB Cloud service.