1. Description of services provided
The purpose of these General Terms of Use (“GTU”) is to define the terms and conditions for the provision of the https://app.lynxeducate.com web platform (the “Platform”) by Lynx Educate (the “Company” or “we”) to users (the “Users” or “you”). Use of the Platform involves your unreserved acceptance of the GTU and your compliance with applicable legal and regulatory requirements. The Company may change these terms and conditions of use from time to time, so you are invited to review them regularly. The purpose of the Platform is to provide our services : learning programmes and advising services to the Users as learners, and reporting services to the Users as funders.
2. Access to the Platform
The Platform is reserved for personal and professional use by the User, and for Users over the age of 18. The individual is responsible for his or her connection data. Thus, any individual who connects to the Platform is deemed to be the person who possesses the identifiers issued by the Company. The User acknowledges that he/she has the skills, equipment and means necessary to use the Platform. The Platform is accessible on a permanent basis; however, the Company may, in its sole discretion, suspend, discontinue or prohibit access to all or part of the Platform. The Company shall not be liable for the unavailability of the Platform for any reason whatsoever.
3. Use
The User is prohibited from:
- Accessing or remaining fraudulently on the Platform, hindering or altering the operation of the Platform, in particular by introducing viruses or any other program likely to cause damage and/or infringe upon the data on the Platform;
- Using the Platform for illicit, illegal, malicious or discriminatory purposes;
- Hindering the proper functioning of the Platform;
- Collecting information about other Users, or harming other Users, directly or indirectly.
4. Price of the services
The price of the services to which the funder has subscribed, including the price of access rights to the Platform, is quoted in a specific agreement with the funder. Payment of the price of the services is made under the terms and conditions provided in this agreement.
5. Intellectual property and infringement
The Platform is the property of Company, as are the software, infrastructures, databases and content of all kinds, in particular the texts, images, graphics, logos, videos, icons and sounds. The Company grants the User a simple right to use the Platform, which is personal, non-transferable, non-exclusive, for his or her own needs only and strictly limited to the purpose of the Platform.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Platform, whatever the means or process used, is prohibited, except with prior written authorization. Any unauthorized exploitation of the Platform or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability
The Company is subject to an obligation of means and is only liable for direct damages.
Content of the Platform
The information presented on the Platform is general information, provided as an indication, non-exhaustive and without guarantee. It is provided as is and may be modified by the Company at any time. If any provision of these GTU is invalid, the remaining provisions shall remain in full force and effect. The photos shown on the Platform are not contractual.
Force majeure
The Company shall not be held liable in the event of force majeure as defined in Article 1218 of the French Civil Code or of events beyond its control.
Security
The Company shall not be held responsible for any breach of computer security that may cause damage to your equipment and data or for any intrusion by third parties despite the security measures put in place. The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the services generate traffic deemed abnormal. The Company and the hosting company shall not be held liable in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.
Equipment
The Company shall not be held responsible for any material damage related to the use of the Platform. Moreover, the User undertakes to access the Platform using recent equipment, free of viruses and with a last generation updated browser.
Third-parties sites and content
When third parties sites and content are showcased and/or promoted on the Platform, you acknowledge that the Platform assumes no responsibility for the provision of these third- parties sites and content insofar as no control is exercised over these external resources. The Platform cannot be held responsible for the content or operation of these third-party sites. Any creation of links to the Platform and more generally any use of any element of the Platform is subject to the prior written authorization of the Company, which may be revoked at any time at its sole discretion.
7. Personal data management
In connection with the use of the Platform, the Company may process personal data of Users as communicated in the forms of the Platform or resulting from their use of the Platform, in accordance with the regulations in force. Such processing of personal data is detailed in the Privacy Policy, available here. 8. Security incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level.
9. Applicable law and jurisdiction
ANY DISPUTE IN CONNECTION WITH THE USE OF THE PLATFORM IS SUBJECT TO FRENCH LAW. EXCEPT IN CASES WHERE THE LAW DOES NOT ALLOW IT, EXCLUSIVE JURISDICTION IS GIVEN TO THE COMPETENT COURTS OF PARIS.
