The Service Provider refers to the simplified joint-stock company (SAS) PLATEFORME DIGITALE D’ÉDUCATION BIOTECH, registered with the Trade and Companies Register of Créteil under number 893.358.341, whose registered office is located at 9, quai Jules Guesde – 94400 Vitry-sur-Seine.
SAS PLATEFORME DIGITALE D’ÉDUCATION BIOTECH markets the courses and training modules hosted on the digital platform Immerscio-bio.com.
The Client refers to the professional or individual who signs up to the sale of services on the Immerscio-bio.com platform.
The Campus refers to the personnel managing the Platform’s sites and orders.
The Learner refers to the user or users of the services signed up to by the Client.
The Services refer to all the services to which it is possible to sign up.
Service Provision is defined by sending the ID and password to the Client to allow access to the ordered services.
The Order refers to the selection of Services made by the Client on the site.
The Site refers to the digital platform Immerscio-bio.com.
These General Terms and Conditions (hereinafter “GTCs“) are intended to define and frame any agreement between PLATEFORME DIGITALE D’ÉDUCATION BIOTECH and the Client.
The GTCs apply in their entirety and unreservedly to any Client. These GTCs are available at any time. They are accessible at any time by the Client, and reading and accepting them are mandatory in advance of any Order.
The full and unreserved acceptance of the GTCs is conditional during the booking process on the action of double-ticking the box: “I accept the General Terms and Conditions”.
Furthermore, the Service Provider’s GTCs take precedence over the Client’s Terms and Conditions of Subscription.
The Service Provider reserves the right to amend all or part of these GTCs at any time and without notice, and without having to justify it.
If any of the provisions of the GTCs proves to be null or not applicable, only this provision will be deemed unwritten.
The Client selects the Services he or she wishes to order on the Campus Ordering tool.
The contractual information is presented in French and / or English and is subject to confirmation at the latest when the Order is validated by the Client.
An Order is validated by means of the Campus Ordering tool when the Client accepts these GTCs by double ticking the box provided for this purpose and validates, by pressing the appropriate button, his or her Order by sending the signed training agreement to the Campus.
The Client has the option to check the details of his or her Order and its total price and to correct any errors before confirming its acceptance in accordance with Article 1127-2 of the Civil Code.
Validation of the Order implies acceptance of these GTCs in their entirety and serves as proof of the sales agreement. It is the responsibility of the Client, therefore, to verify the accuracy of the Order and to immediately report any error to the Service Provider.
Any Order placed on the Campus Ordering tool constitutes the formation of an agreement concluded at a distance between the Client and Service Provider. On receiving the training agreement signed by the Client, under the conditions stated above, the Campus validates the associated Order, and access to the training programmes is directly opened, and sent to Learners at the email address provided.
PLATEFORME DIGITALE D’ÉDUCATION BIOTECH reserves the right to cancel or refuse any Order from a Client with whom there is an existing dispute relating to the payment of a previous Order.
4- Access to the Services ordered
Learners have access 24 hours a day, 7 days a week via the internet to PLATEFORME DIGITALE D’ÉDUCATION BIOTECH, made available to them by the Service Provider by indicating their ID and the password that were sent to them while confirming their Order.
The PLATEFORME DIGITALE D’ÉDUCATION BIOTECH is compatible with all recent browsers. The details are stated in the platform’s ToS.
Learners have a period of two (2) months to complete a module. When they are taking a course, Learners have a period of four (4) months. Beyond these deadlines, Learners no longer have the option of undertaking the training.
5- Right of personal use
The ID and password are a sensitive, strictly personal and confidential item of information, placed under the sole responsibility of the Learner. To this end, they may not be transferred, resold or shared.
The Learner guarantees PLATEFORME DIGITALE D’ÉDUCATION BIOTECH the performance of this clause by any user and will be liable for any fraudulent or improper use of the access codes.
The Learner will immediately inform PLATEFORME DIGITALE D’ÉDUCATION BIOTECH of the loss or theft of the access keys.
In the event that the inalienability clause is breached or the access keys are shared, proven by any means, PLATEFORME DIGITALE D’ÉDUCATION BIOTECH reserves the right to suspend the service, without compensation, notice or advance notification.
The Services on offer may be purchased by module or by course.
The Services offered by the Service Provider are provided at the current rates stated in the public catalogue on the Immerscio.com website.
Rates are expressed in Euros, excluding and including tax.
The Service Provider reserves the right to change the rates at any time.
Once an Order has been placed, the price of the Order is firm and cannot be revised. The payment requested from the Client corresponds to the total amount of the purchase, including the costs.
An invoice is drawn up by the Service Provider and delivered to the Client after the Order has been validated. The invoice will include VAT and all other applicable taxes and duties.
The rates in force in the public catalogue may benefit from discounts, rebates and refunds in accordance with Article L.441-1 I. of the French Commercial Code.
7- Payment terms and conditions
Invoices are payable in Euros on receipt by bank transfer to the address indicated on the invoice.
7.1- Late payment penalties
In the event of late payment, late payment penalties calculated on the basis of one and a half times the legal interest rate will automatically and as of right accrue to the Service Provider without any formality or prior formal notice.
This interest accrues from the day following the payment due date.
In accordance with Articles 441-6 of the Commercial Code and D. 441-5 of the Commercial Code, any delay in payment automatically entails, in addition to late payment penalties, an obligation for the debtor to pay a flat-rate indemnity of 40 Euros for collection costs.
Furthermore, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the Provision of the Services ordered by the Client and / or suspend the performance of its obligations.
8- Right of withdrawal
This option is reserved for non-professional Clients acting as consumers:
In accordance with the law, the Client has a cooling-off period of 14 days from concluding the agreement to exercise his or her right of withdrawal from the Service Provider and cancel his or her Order, without having to justify the reasons why or pay a penalty for reimbursement purposes.
The right of withdrawal may be exercised online using the withdrawal form available in Appendix 1. The withdrawal form must be sent to the following email address: firstname.lastname@example.org including details of the relevant Order in the subject box.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be refunded. The reimbursement of the sums actually paid by the Client will be made within 14 days of receipt by the Service Provider of the notification of the Client’s withdrawal.
Moreover, if the performance of the Service has begun, the Client waives his or her right of withdrawal for 14 days, beginning from the conclusion of the agreement, after validation of the Order.
However, in accordance with Article L. 221-28, 13° of the Consumer Code, the right of withdrawal will not apply if the following three conditions are met:
- The Client has entered into an agreement for the supply of digital content not supplied on a hardware support.
- The Client has given his or her prior and express agreement to have immediate access to the module(s) using the form drawn up for this purpose by the Service Provider.
- The Client has expressly waived the exercise of his or her right of withdrawal by means of the form drawn up for this purpose by the Service Provider.
9- Liability of the Service Provider – Guarantee
In accordance with the legal provisions and without additional payment, the Service Provider guarantees the Client against any lack of conformity or hidden defect resulting from a flaw in the design or performance of the Services ordered.
In order to assert his or her rights, the Client must inform the Service Provider in writing at the following email address: email@example.com of the existence of defects or a lack of conformity within a maximum period of 24 hours from the date on which he or she becomes aware of the defect or flaw.
The Service Provider will rectify or have rectified (as far as possible) the Services deemed to be defective as promptly as possible according to the level of difficulty identified.
In cases where rectification is not possible, the Service Provider will reimburse all or part of the Services actually paid for by the Client. The Service Provider’s guarantee is limited to reimbursing the Services actually paid for by the Client, and the Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a force majeure event as generally recognised by French case law.
The Services provided through PLATEFORME DIGITALE D’ÉDUCATION BIOTECH comply with the regulations in force.
The Service Provider cannot be held liable in the event of non-compliance with the safety instructions stated in the training modules. In the event that the equipment loaned for face-to-face activities is damaged or broken, PLATEFORME DIGITALE D’ÉDUCATION BIOTECH reserves the right to withhold a financial penalty from the Learner, which may not exceed the purchase price of the product.
10- Protection of personal data
Pursuant to Law No. 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is noted that the personal data requested from the Client is necessary for processing his or her Order and drawing up invoices.
Personal data may also be used in the context of monitoring the training.
This data may be transmitted to any partners of the Service Provider responsible for the performance, processing, management and payment of Orders and responsible for the performance, processing and management of training for reasons of executing the agreement.
The processing of information submitted via the platform’s websites meets the legal requirements for protecting personal data, and the information system used ensures the optimal protection of this data.
In accordance with the national and European regulations in force, the Client has a right of permanent access, modification and rectification as well as the right to oppose portability and restrict processing regarding personal information, together with the right to opt out of being subject to automated decision-making, including profiling, when it is based solely on an automated decision.
This right may be exercised by contacting the following email address: DPO@immerscio.com.
11- Intellectual property
The content of the Immerscio-bio.com public Website, PLATEFORME DIGITALE D’ÉDUCATION BIOTECH and the public catalogue are the property of the Service Provider and are protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
12- Force majeure
The Service Provider or the Client cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
In addition, paragraph 2 of Article 1218 of the Civil Code provides that:
“If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the agreement. If the impediment is definitive, the agreement is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1.”
13- Applicable law – language
These GTCs and the resulting transactions are governed by French law.
They are written in French. In the event that they are translated into one or more other languages, the French text alone shall prevail in the event of a dispute.
All disputes to which the sales transactions entered into in accordance with these GTCs could give rise, concerning their validity, interpretation, performance, termination, consequences and repercussions, and which could not be resolved between the Service Provider and the Client, will be submitted to the Court of Paris.
The Client is informed in advance that he or she may, all things considered, resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with the existing industry mediation bodies or any alternative dispute resolution method (conciliation, for example).
15- Pre-contractual information – Client acceptance
Please note: The pre-contractual information must include the key characteristics of the good or service, taking into account the communication medium used and the good or service concerned (Consumer Code Art. L. 111-1 1°).
The Client acknowledges having had communication, prior to placing his or her Order and the conclusion of the agreement, in a readable and understandable manner, of these GTCs and all the information listed in Article L. 221-5 of the Consumer Code.
The fact that a natural (or legal) person orders on the Campus Ordering tool with the double acceptance procedure implies full and complete acceptance of and adherence to these GTCs and obligations to pay for the Services ordered, which is expressly recognised by the Client who waives, in particular, the right to make any claim based on any other document that may be in conflict therewith that would be enforceable against the Service Provider.
16- Update to the GTCs
These ToS may be amended or updated to take account of any internal, legislative, regulatory or technical developments. The update will not, under any circumstances, cover use prior to its entry into force.
Appendix 1 – Withdrawal Form
This form must be filled in and returned only if the Client wishes to withdraw from the Order placed on the Website Immerscio-bio.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions.
For the attention of “Number and street (address of the Service Provider)” “Postal code (address of the Service Provider)” “City (address of the Service Provider)”
- Order of “Date”
- Number of Order: …………………………………………………..
- Name of Client: …………………………………………………………………
- Address of Client: ……………………………………………………………..
Signature of Client (only if this form is submitted on paper):