General Terms of Sale and Subscription
ARTICLE 1. SCOPE OF APPLICATION
These general conditions of sale and subscription (hereinafter the "CGVA"), established in accordance with Article L. 441-1 of the Commercial Code, revisable at any time, apply to all sales of Products and Services and access to the Platform, including by subscription, offered by the Company HUMANAVA, a simplified joint-stock company with a capital of 2,000 euros whose registered office is at 11 Cours du 30 Juillet, 33000 Bordeaux registered at Bordeaux Trade and Companies Register under number 885 393 777 (“the Company” or “HUMANAVA”).
They prevail over any purchase condition opposed by the Customer. HUMANAVA reserves the right to modify these CGVA and its prices at any time.
Any order accepted by HUMANAVA is immediately firm and final. However, HUMANAVA reserves the right to subject the execution of orders to prior payment guarantees.
Any order or signature of a subscription form implies the Customer's full acceptance of the CGVA, the special conditions attached to all Products or Services, the estimate or technical and commercial proposal that may be associated, as well as compliance with the obligations arising of the Intellectual Property Code and any licenses to use the Products and Services, the whole constituting the "Contract".
No tolerance may be interpreted as a waiver of a right.
ARTICLE 2. DEFINITIONS
In the following paragraphs it is agreed to denote:
- Subscription: refers to the service subscribed by the Customer through which the latter has one or more strictly personal accesses to the Platform and its Content.
- CGVA: these General Conditions of Sale and Subscription.
- Customer: any natural or legal person who registers or orders a Subscription from HUMANAVA.
- Content: refers to all the videos and data that can be viewed on the Platform by the Intern.
- Platform: means the platform developed and exclusively owned by HUMANAVA from which the Trainee designated by the Customer will be able to access the Products and Services and on which the training videos.
- Products and Services: designate access to viewing certain training videos produced by HUMANAVA and available on the Platform or on the Site.
- Trainee: the natural person who has strictly personal access to the Platform and to one or several training courses provided by HUMANAVA.
- Site: the website available at the following address: https://www.humanava.com/ and which provides access to the Platform.
ARTICLE 3. PRODUCTS AND SERVICES
3.1 Subscription to the Platform
Subscriptions are for 1 year or 12 months. It begins on the day of validation by HUMANAVA of the Subscription in question and are granted for a period of 12 months. Failing termination, the subscription will be tacitly renewed for a period of one full year.
The signatory of the Subscription form engages the Client designated, if applicable, as having to make the payments, which declares to be duly authorized for this purpose.
The Customer undertakes to inform HUMANAVA of any modification to the information communicated when the Subscription is concluded, in particular billing details or bank references.
The annual price of the Subscription is understood to be exclusive of tax and per Trainee. Thus, the amount invoiced to the Customer will be equal to the price of a Subscription multiplied by the number of Interns with personal access to the Platform.
The annual price of the Subscription appears on the order form signed by the Customer.
The Platform and its Content will be available to each Trainee on an unlimited basis for the duration of the Subscription.
The Products and Services and the Content are regularly updated by HUMANAVA.
3.2 Limited access to the Platform and Content
The Customer has the option of subscribing for limited access to Platform Content for a specified period.
The order form signed by the Customer will specify the Content in question and the duration of access. The price of access is exclusive of tax and per Trainee.
ARTICLE 4. CONDITIONS OF ACCESS TO PRODUCTS AND SERVICES
Use of the Subscription and the Platform requires Internet access and a compatible device for accessing the Site and viewing the Content. HUMANAVA does not guarantee the compatibility of the Client's and/or Trainee's material with the use of the Platform and the viewing of the Content. The Customer takes care of the subscription and installation of the software necessary to access and use the Products and Services.
The display quality of the Content may vary from device to device, and may be influenced by various factors, including the location of the Trainee, the available bandwidth and / or the speed of the Internet connection used.
The Platform or the Website is used via unique and personal access codes that the Customer is responsible for communicating to each Trainee. The use of access codes and the Products and Services by the Intern is strictly personal. The Client ensures that said access codes are not disseminated by the Trainee to any other person.
The identification elements (access code and password) communicated to the Trainee are strictly personal, confidential, non-transferable and their use is placed under the sole responsibility of the latter.
The Products and Services, as well as any Content viewed via the Platform, is reserved for the personal use only of each Trainee and not for commercial purposes and must not be shared with other people. During the term of the Subscription, a limited, non-exclusive and non-transferable right to Content is granted to the Customer. With the exception of the above, no right, title or interest is granted to the Client and / or the Trainee. The Client agrees not to use the Products and Services for public screenings and vouches for the respect of this obligation by each Trainee.
HUMANAVA reserves the right to proceed by recognition by IP address of each. In this case, the Customer undertakes to communicate to HUMANAVA the IP address of each Trainee on first request.
The Subscription is concluded intuitu personae for use exclusively for the internal use of the Client and his Trainees.
The Customer is prohibited from assigning the Subscription and / or any rights and obligations arising therefrom to a third party by any means whatsoever.
In order to respect the confidentiality of these identification elements, the Customer is requested to:
- not to transmit his personal identification elements to anyone,
- notify HUMANAVA without delay in the event of the loss or theft of its identification elements.
The Customer is informed that HUMANAVA will carry out random checks on compliance with this confidentiality commitment, in particular on the connection IP addresses of each Trainee and that the finding, for example, of connections using the Traine's personal codes from an abnormally high number of different original IP addresses or an abnormally high number of pages displayed from a single IP address, will be sufficient to demonstrate the violation, by the Customer of its obligations and will justify the immediate suspension of the Services and Products with the obligation for the Customer to immediately pay the entire contract taken out.
The Trainee (s) will lose their right to use the Products and Services upon termination of the Contract.
The Customer acknowledges that the connection to the Services may be restricted by HUMANAVA, which reserves the right to block, for legitimate and objective reasons, access to the Platform and to the Content from identified terminals.
In the event of a written dispute from the Customer for objective reasons, HUMANAVA will re-establish the connection to the Products and Services, from said terminal. Its liability can in no way be sought for the time when access to the Products and Services has been interrupted.
The Customer is solely responsible for access to the Products and Services and any use made of them by their Trainees and HUMANAVA guarantees full compliance with the CGVA by each Trainee. Any modifications or cancellations of the means of access to the Platform are the responsibility of the Customer.
Once the Subscription is purchased, the Platform or the Website are accessible 24 hours a day, 7 days a week for the duration and under the conditions of the Subscription, except in cases of force majeure, an event beyond the control of HUMANAVA and / or the host of the service, possible breakdowns or maintenance interventions necessary to ensure the proper functioning of the service. These do not give rise to any compensation.
HUMANAVA undertakes to implement all the means at its disposal to ensure good quality of access to the Products and Services and to ensure the reliability and speed of posting of the Content disseminated.
The Customer declares to know and accept the characteristics and the limits of the transmission of information by the Internet network, as well as the costs specific to the connection to this network. It is his responsibility in particular to ensure that the technical characteristics of the hardware and software he uses allow him access to the Platform, the Site and use of the Products and Services by the Intern in good conditions, and to take all appropriate measures to be protected from contamination by possible malicious programs.
The Client declares to take note that the Products and Services made available to the Trainee via the Site and / or the Platform are protected by technical protection measures put in place by HUMANAVA in order to prevent or limit, depending on the available technologies, uses of videos not authorized by these T & Cs.
The Customer agrees not to bypass, remove, modify, deactivate, destroy or defeat the protections of the content, use robots, crawlers, web harvesting tools or other automated methods to access the Contents ; decompile, reverse engineer or disassemble any software, product or process accessible through the Platform and / or the Site; insert any code or product, or manipulate the Content in any way; or use any method of exploration, collection or extraction of data to circumvent, in any way whatsoever, said technical protection measures, in order to download all or part of the Content posted on the Site and / or the Platform, or more generally with a view to using said Content for purposes not authorized by these CGVA. The Client makes a commitment and stands by the respect of this commitment by all of his Trainees.
The Client undertakes not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works, sell or use (except with the express written authorization given by HUMANAVA) all or part of the Content and information available on the Site or the Platform (or obtained through them).
The Customer declares to take note that knowingly infringing a technical protection measure exposes it, by application of the provisions of Article L. 335-4-1 of the Intellectual Property Code, to the payment of a fine of 3,750 euros and that the fact of knowingly procuring or offering to others, directly or indirectly, means designed or specially adapted to infringe a technical measure of protection being for its part punishable by imprisonment of six months and a fine of 30,000 euros.
ARTICLE 5. FINANCIAL TERMS
The prices invoiced to the Customers are those in force on the day of the conclusion of the Contract and such as appearing on the order or the renewal of the Contract, after deduction where applicable of all the discounts, discounts and rebates applicable to the order.
Prices can be changed at any time without notice.
The prices offered by HUMANAVA are established in euros excluding tax. The cost of VAT applicable on the day of the order should be added. Any change in the applicable rate may be reflected in the prices of the Products or Services. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, up or down, this change could be reflected in the selling price of the items on the site.
The financial conditions of the Products and Services are indicated on the associated order form.
Payment is made in cash, in full and for the entire Subscription, upon ordering, without discount, by bank transfer, direct debit or online payment.
On HUMANAVA's proposal, the Customer may opt for an automatic monthly debit: in the latter case, HUMANAVA should be informed immediately of a change of bank or of the obsolescence of a bank card, so as not to have to undergo interruption in the subscription service. Payment by direct debit gives rise to the collection of a lump sum of 30 euros to cover the administrative costs. Direct debit rejections give rise to the collection of a lump sum of 20 euros to cover costs.
In the absence of payment on the due date, penalties equal to three times the legal interest rate in force on the date of the order will be applied from the 1st day of delay. Any Client in default of payment is automatically liable, in addition, to compensation of € 40 for collection costs. In the event of non-payment of any of the invoices, any subsequent payment, whatever the cause, will be imputed immediately and by priority to the extinction of the oldest of the debts. Failure to pay one of the invoices will result in the suspension of access to the service until the account is cleared.
ARTICLE 6. RESPONSIBILITY
The Customer is solely responsible for the consultation, choice, use and interpretation of the Content and the information available on the Site and / or the Platform, as well as the acts and advice that he deduces therefrom within the framework of of his professional practice.
Consequently, HUMANAVA cannot be held, by reason of an express or tacit obligation, as civilly liable towards the Customer or third parties for any direct or indirect damage resulting from the use of the Products and Services, and in particular following information inaccurate or incomplete, an indexing error, a delay or lack of uploading.
Under no circumstances can HUMANAVA be held liable for any damage of any kind whatsoever, in particular operating loss, loss of data, loss of opportunity or any other financial loss resulting from the use or inability to use the Products and Services referred to herein. In addition, no assistance provided by HUMANAVA in the use of the Products and Services can create any additional warranty with respect to these conditions.
The liability of HUMANAVA is limited, all damages combined, to an amount collected equivalent to the annual sum paid by the Customer under the Contract, on the date of occurrence of the damage.
ARTICLE 7. OWNERSHIP
All the distinctive signs, brands, logos, texts, comments, illustrations and images reproduced within the Content available on the Platform and the Site are protected by copyright and / or by the law protecting the databases of which HUMANAVA is a producer within the meaning of Articles L 341-1 et seq. Of the Intellectual Property Code, and for the whole world and may not be reproduced, used or represented without the express written authorization of HUMANAVA under penalty of legal proceedings. Access to the Products and Services, the Content, the Site or the Platform does not confer any right on the Client or the Trainee on the content or presentation thereof, which remains the exclusive property of HUMANAVA.
Only a right of access is granted under the conditions of these CGVA, to the exclusion of any transfer of property rights of any kind: the content of the Products and Services can therefore in no way be the object, even partially, of no reproduction, representation, loan, exchange or transfer, of any total or partial extraction of data and / or transfer to another medium.
Access to Products and Services and Digital Content only confers a license, non-exclusive and not transferable to third parties:
- to represent the web pages on a single-user screen (or on the number of authorized workstations in the case of a simultaneous access license)
- and / or reproduce these pages on paper for the exclusive and strictly private use of the Trainees.
Subscription to any form of access to Products and Services online does not entail any transfer of property rights of any kind for the benefit of the Client and the Trainees.
Any other use of the digital files available on the Site or the Platform is strictly prohibited and in particular any downloading or attempting to download, any transfer or attempt to transfer permanently or temporarily to the hard drive of a computer or any other device, any burning or attempted burning on CD or any other medium is expressly prohibited. Any resale, exchange or rental of these digital files is strictly prohibited.
Any other use not provided for by the Intellectual Property Code is subject to the prior written authorization of HUMANAVA under penalty of legal proceedings.
In the case of a network license, the Customer is solely responsible for any violation of the obligations provided for herein by one of the final recipients.
ARTICLE 8. PERSONAL DATA
Respect for the privacy and protection of the personal data of its Customers and Trainees is an essential concern of HUMANAVA, which undertakes to implement adequate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular European Regulation 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978 as amended, known as the "Data Protection Act and freedoms "(hereinafter the “Applicable Provisions ”).
The Data are subject to computer processing by HUMANAVA acting as data controller.
The types of information collected are: Customer's personal contact details, account identification information, bank details, any comments or information submitted and business contact details. The recipients of the data are the authorized personnel of the marketing department, the sales department, the Products and Services responsible for handling customer relations and prospecting, the administrative departments, the logistics and IT departments as well as their line managers.
The Data is kept for the period strictly necessary for the accomplishment of the purposes mentioned above.
In the event of the exercise of the right of objection, all communication with the Client (excluding the management of his account) will cease.
Any person whose Data has been collected by the Customer benefits from the rights of access, rectification, erasure, data portability as well as limitation and opposition to the processing and organization of the fate of their Data after their death by contacting the Client directly. The Customer guarantees to HUMANAVA that it has fulfilled all the obligations incumbent on it under the Applicable Provisions and that it has informed natural persons of the use made of the Data. As such, the Customer guarantees HUMANAVA against any recourse, complaint or claim from a natural person whose Data is processed via the Service. In addition, the Customer undertakes to document in writing any instructions concerning the processing of data by HUMANAVA, to ensure, beforehand and throughout the duration of the Service, that HUMANAVA complies with the obligations provided for by the applicable Provisions, and oversee the processing, including performing audits and inspections at HUMANAVA.
HUMANAVA undertakes, at the Customer's option, to destroy or return the Data at the end of the Service, and to justify in writing to the Customer that it will not keep any copy.
ARTICLE 9. TERMINATION AT THE INITIATIVE OF HUMANAVA
HUMANAVA reserves the right to terminate a Client's Contract, without delay and without warning, in the event of non-compliance by him or one of the Trainees with one of the clauses of these general conditions, in particular in the event of default payment on the due date and in the event of non-compliance with the “Property” and “Conditions of access to Products and Services” clause.
In this case, HUMANAVA will inform the Customer, and will keep all the sums already paid by the Customer without the latter being able to claim any reimbursement, without prejudice to any additional claim for damages.
ARTICLE 10. GENERAL PROVISIONS
10.1 These general conditions can be viewed online on the Site or the Platform and are sent upon signature of each Contract. They are liable to be modified without any other formality than posting a new modified version online, only the latter version being retained.
10.2. Any clarification relating to the application of these general conditions, any request for information or complaint relating to the operation of the HUMANAVA Services on the internet must be addressed to customer service:
- by E-mail to the address: firstname.lastname@example.org.
- by post to the address: 11 cours du 30 Juillet, 33000 Bordeaux.
10.3 If any of the clauses of the CGVA were declared void, they would be deemed unwritten but would not invalidate the order, these CGV, the specific conditions of the product or service and / or the Subscription.
10.4 The Customer waives the benefit of Articles 1221, 1222 and 1223 of the Civil Code.
10.5 HUMANAVA is authorized to use the corporate name, trade name and / or brands of the Client, and where applicable of the group of which it is part, as a commercial reference in any medium or on any occasion for marketing and / or advertising purposes.
10.6 The Customer's attention is drawn to the fact that any translation of these T & Cs would be provided for their convenience only. In the event of inconsistency or contradiction between the French version and its possible translation, the French version will prevail.
10.7 These general conditions are subject to French law. In the event of a dispute, the Bordeaux Commercial Court will have sole jurisdiction, even in the event of summary proceedings, guarantee appeal or multiple defendants.
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