1. Website & Platform
This website (hereinafter the “Site”) reachable within the URL address https://www.ks-portal.net and its related Software as a Service (SaaS) KS-Portal (hereinafter the “Platform”) are published by
KNOWLEDGE AND SKILLS,
a simplified joint-stock company with a single shareholder with variable capital, located at
Cité de l’Entreprise, 200 Boulevard de la Résistance
71000 Mâcon, FRANCE
registered in RCS Mâcon under number 891 952 939
APE : 6201Z
VAT identification : FR48891952939
(hereinafter “Knowledge & Skills”).
Director of the publication
Dr. Eng. Lamice DENGUIR MARTINS DO OUTEIRO
Adresse e-mail : [email protected]
Development and Site host
Amazon Web Service EMEA SARL
Exclusively on Frankfurt Servers
31, place des Corolles, tour Carpe Diem
92400 Courbevoie FRANCE
RCS Nanterre 831 001 334
APE : 6311Z
VAT identification : FR30831001334
The updates of the Site are carried out by Dr. Eng. Lamice DENGUIR MARTINS DO OUTEIRO.
2. Social networks
Knowledge & Skills social networking web pages
are also edited by Knowledge & Skills.
3. Content and use of information
All content, pages, scripts, texts, graphics, photographs, illustrations, presentations, icons, and databases on the Site and/or the Platform and/or Knowledge & Skills’ social networks and the trademarks:
• The French figurative trademark n°204690018 registered on October 8, 2020 in class 41, published inside BOPI N°20/44 Vol.I on October 30, 2020;
• The French verbal trademark "KNOWLEDGE and SKILLS" n°204680806 registered on September 10, 2020 in class 41, published inside BOPI N°20/40 Vol.I on October 2, 2020; and
• The French verbal trade and service mark " KS-Portal " n°214747934 registered on March 25, 2021 in class 41 and class 42, published inside BOPI N°21/15 Vol.I on April 16, 2021
are protected by intellectual property laws currently enforced and are the exclusive property of Knowledge & Skills or third parties who have authorized Knowledge & Skills to use them.
All rights of reproduction or representation thereof are strictly reserved.
Consequently, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, in part or in full, of the Knowledge & Skills Site and/Platform and/ or social networks by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of Knowledge & Skills, under penalty of constituting an infringement of copyright and/or designs and models and/or trademarks.
Logos, trademarks, iconography relating to all other companies and products mentioned on the Site and/or the Platform and/or on Knowledge & Skills social networks are the respective property of their authors and/or owners.
4. Advertising and hyperlinks
Knowledge & Skills 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 of which Knowledge & Skills will be the only arbiter.
Users therefore accept the posting of such messages on the Site.
In its capacity as editor of the Site and of the Platform, Knowledge & Skills is free to market advertising space on the Site and/ or on the Platform to advertisers of its choice. Users acknowledge that they have no right to these advertising spaces and refrain from any request or action in this respect.
4.2. Hypertext links
During the use of the Site and/or the Platform, Knowledge & Skills reserves the right to make recommendations for services from third parties or possible partners. From then on, users may have access to various links directing them to third party sites and/or sites of potential partners.
Knowledge & Skills will in no way be responsible for:
- the content of sites referenced on the Site and/or or the Platform and/or on Knowledge and Skills' social networks; and
- information or content provided by third parties and/or possible partners.
Knowledge & Skills has no control over hypertext links and/or other promotional formats.
Consequently, Knowledge & Skills does not give any guarantee concerning in particular:
- the truthfulness, quality, completeness, and exhaustiveness of the content of the indexed websites; or
- difficulties in accessing and operating indexed websites;
and can under no circumstances be held liable in the event of a dispute arising between an Internet site indexed on the Site and/or the Platform and/or on Knowledge & Skills social networks and one of the users, due to losses or damage suffered, the operators of the indexed Internet sites being solely responsible for the content of their site.
5. Processing of personal data
When browsing the Site and/or the Platform, users are required to provide personal data.
In its capacity of host, Knowledge & Skills may collect personal data.
They are intended for Knowledge & Skills services and for its possible service providers for registration, identification and the provision of services offered by Knowledge & Skills.
According to :
users have the right to access, modify, rectify, limit, transfer and delete data concerning them.
To this end, the user must contact the support department by email at the following address: [email protected].
Knowledge & Skills is committed to the confidentiality and protection of user data.
6. Legal notice Changes
Knowledge & Skills does its utmost to guarantee the accuracy and updates of the information carried on this Site and/or the Platform.
Knowledge & Skills reserves the right to modify, at any time, the present legal notice, in order to consider any legal, jurisprudential, editorial, functional and/or technical evolution.
The version that prevails is the one that is accessible online on the day of consultation of the Site and/or use of the Platform.
Any consultation of the Site and/or the Platform after publication of the modified legal notice implies unreserved acceptance by the latter of the new legal notice.
Knowledge & Skills endeavors to ensure, to the best of its ability, the accuracy and timeliness of the information published on the Site and/or the Platform.
Knowledge & Skills declines all responsibility (a) for any imprecision, inaccuracy or omission relating to the information available on the Site and/or the Platform, (b) for damage resulting from a modification of the information on the Site and/or the Platform caused by possible fraudulent manipulation by third parties and (c) for all damage, direct or indirect, whatever the causes, origins, nature or consequences, caused by the access of anyone to the Site and/or the Platform or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information coming directly or indirectly from the latter.
8. Applicable law
The Site is governed by French law.
Article 1 - DEFINITIONS
Besides the terms defined elsewhere in this document, the terms and expressions listed below, and of which the first letter will appear in capital, will have the following meaning. These terms shall have the same meaning whether they are written in the singular or the plural. The Parties agree and accept that the following terms the General Conditions of Use, recognizing their meaning as follows:
« Member » : means interchangeably the Apprentice Member and the Talent Member ;
« Apprentice Member » : means the Member with an account on our Platform for gaining access to the Apprentice functions and services of our Platform ;
« Talent Member » : means the Member having an account on our Platform for gaining access to the Talent functions and services of our Platform ;
« Platform » : means the digital platform website and/or mobile application site allowing access to the Service as well as its use and allowing the purchase of the Contents, which is owned by Knowledge & Skills ;
« User » : means any person who uses the Platform, whether a Visitor or a Member ;
« Visitor » : means any person navigating on the Platform without creating an associated account.
« Content » : refers in particular to the written and/or video course materials and/or educational modules created and/or published by Knowledge & Skills, accessible online from the Platform;
« GCTU » : refers these terms and conditions of sale governing the purchase of Content by the Apprentice or Talent Member;
« Intellectual Property Elements » : refers to the elements contained on the Platform and/or on the Content, in particular texts, videos and images, which are the exclusive property of Knowledge & Skills;
« Knowledge & Skills » : refers to the simplified joint-stock company with a single shareholder with a minimal capital of 1.000 euros, registered in the Mâcon Trade and Compagnies Register, under number 891 952 939 and whose registered office is located at Cité de l’Entreprise, bâtiment Mb, 200 Boulevard de la Resistance – 71000 Mâcon, FRANCE which offers the Content ;
« Services » : refers to the features offered by Knowledge & Skills through the Platform;
« Site » : refers to the website https://www.ks-portal.net owned by Knowledge & Skills;
Article 2 – PURPOSE AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of the GCTU is to define the rights and obligations of the Parties in the context of the navigation on the Site, use of the Services and purchase of a Content by the User.
The GCTU are systematically brought to the attention of the Member when creating his account.
ANY MEMBER CREATING AN ACCOUNT ON THE PLATFORM ACKNOWLEDGES THAT HE/SHE HAS READ AND ACCEPTED THEM WITHOUT RESTRICTION, IN PARTICULAR THE LIMITATIONS ON LIABILITY.
The present GCTU govern our relations with you, the person gaining access to the Platform, applicable during your use of the Platform and, if you are a Member, up until your account is deactivated. If you do not agree with the GCTU, it is recommended that you do not use our Platform and our Services.
Article 3 – REGISTRATION TO THE SERVICE
3.1 Conditions for registration on the Platform
3.2 Creation of account
3.3. Conditions for access to the Platform
3.3.1 If you do not have a Member account
If you have not created a Member account on our Platform, you can still get access to the Platform but you will not be able to make use of all the functions and you will not have a personal profile. In fact, you will not be authorized to obtain certain types of access, such as full access to the list of courses available in the website library and the ability to publish a course. You will not have a personal account. The present GCTU are binding on you as they govern the conditions of use of the service, and you must read and accept them before carrying on with your navigation on the Platform. Before using the Platform, you must carefully read the present GCTU.
3.3.2 If you already have a Member account
a) Apprentice account
The Knowledge & Skills Service which does not require payment is currently designated by the expression « Open Access ». If you have created an Apprentice account, you can gain access to the Platform and to certain functions of the Apprentice Board Service. Further to the creation of your account, you can gain access to your profile page where you have to give information that is compulsory and other information that is optional. You can buy access to all the available courses. You have also access to end of course quizzes (evaluation tests) to get your certificate of accomplishment relative to the course you followed. However, as you will not have followed the course with a subscription and will not succeed the evaluation test, we will not be able to issue you with a certificate of accomplishment for the course followed. The payment of the full price of the service must be executed when the purchase is validated by the user and it applies the fees indicated at the command. As soon as the payment is validated, the user receives a confirmation by e-mail containing his receipt and invoice. The engaged payments are not refundable according to the Article L.221-28 Alinea 1 and 13 of the "Code de consommation - République Française" when the purchased product concerns digital material (here the video content and the course digital support) and the attended virtual class. Before using the Platform, you must carefully read the present GCTU.
b) Talent account
If you have created a Talent account, you can gain access to the Platform and to certain functions of the Talent Board Service. Further to the creation of your account, you can gain access to your profile page where you have to give information that is compulsory and other information that is optional. Your compulsory information must be verified and validated by the Platform administrator in order to get access to courses publication, live courses scheduling, access to virtual classes and the Talent sales management. If the administrator notices any fraudulent or suspicious information, he has the right to delete the account after noticing the user by e-mail. Once the Talent profile validated, you can gain access to course creation. You can also create course quizzes (evaluation tests) to allow apprentices get certificates of accomplishment relative to the course you created. However, your course submission for publication must follow a peer review process to guarantee the quality of the course (either a regular peer review or, if the talent chooses so, a review by a member of Knowledge & Skills editorial board and an edition Service to enhance the quality of the content) against a payment, unless the talent makes part of a partnership program with Knowledge & Skills covered by a convention mentioning explicitly that courses publication will not be submitted to any charges. The administrator, in light of the review recommendations, has every right to either accept the publication as it is, ask for a submission of a revised version of the course, or refuse the publication of the course on the platform library. Regardless the decision of the administrator, the revision fees engaged are not refundable. The talent is free to suggest the price in Euros he wants as his commission from each course sale. However, once the submission accepted for publication, the administrator has the right to fix the final price of the course created by the talent (the price shown to the Apprentices in Euros free of taxes) and the Talent commission. The Talent will be notified by e-mail about this price and the commission he gets from each sale 3 days before the course appears in the library. If the talent has any objection, he must notify the administrator before the end of the 3 days delay. Else, he will be considered as consenting to the publication of his course with the price and commission fixed by the administrator of the Platform. He will also be considered as consenting with the fact of ceasing his publication rights and properties to Knowledge & Skills and he is committed not to publish all or part of the publication content elsewhere without the written authorization of Knowledge & Skills legal representative. In return, the Talent benefits from revenues due to his published courses sales (the commission) according to the terms fixed by the Platform administrator before the publication. The revenues are transferred to his bank account monthly for a period fixed by the Publication Contract (three (3) years by default). Any violation of this clause by one of the Parties or following an agreement between the Parties or the affiliation of the Talent to a partnership program submitted to an independent contract may make this clause not applicable, implies the deletion of the publication from the library catalog of the Platform and stops immediately the Talent remuneration. The Talent may not ask for any additional remuneration following the deletion of his publication from the library catalog of the Platform. Nevertheless, any Apprentice Member who has already purchased the content of the mentioned publication will continue to be able to consult it regardless it appears or not inside the library catalog. Before using the Platform, you must read carefully the present GCTU.
Article 4 – PRICES AND PAYMENTS
The unit price of each Content/Service is specified in the description of the correspondent Content/Service web page inside the Platform. Prices are indicated in euros, excluding tax.
Payments are accepted by bank or credit card (blue card, Visa card, Eurocard, Mastercard, American Express). The Member’s credit card number and expiry date are entered on the scripted server powered and guaranteed by Stripe, providing the data security and confidentiality. Knowledge & Skills doesn't store any of these data on its servers as they are directly treated by Stripe.
Knowledge & Skills shall not be held responsible if the payment method is used fraudulently.
Within 0 days after receipt of the subscription application, a debit request will be sent to the paying agency. The subscription will be concluded when the paying agency’s authorization of debit of the account is received.
If a debit is denied by the bank or if another mean of payment is denied, the purchase shall not be final and the Member shall contact Knowledge & Skills’ client service in order to pay his Content by any other mean of payment.
Besides, if so, Knowledge & skills reserves the right to cancel the purchase without engaging its responsibility.
Electron, Maestro, e-cards and prepaid cards are not accepted.
Invoices are sent via e-mail to the address provided by the Member when creating his Account.
It is possible to edit a VAT invoice to a business client in possession of a valid VAT number. The Member has to contact the administrator via his board or send an e-mail to [email protected].
4.4. Default of payment / Late payment
If a debit is denied by the bank or if another mean of payment is denied, the purchase shall not be final and the Member shall contact Knowledge & Skills’ client service in order to pay his Content by any other mean of payment.
Besides, if so, Knowledge & Skills reserves the right to cancel the purchase without engaging its responsibility.
4.5. Business Education Tickets
Business customers can benefit from the use of Business Education Tickets exclusively edited by Knowledge & Skills. Their use is ruled by an independent contract between the business customer and Knowledge & Skills and aim to allow payments relative to several accounts by one business customer with controlled amounts. If you are a business customer and want to know more about the Business Education Tickets, please contact [email protected].
4.6 – Service Provision
The video Contents are at the Apprentice Member’s disposal on the Platform via their Account as soon as their payment is confirmed. In case the Apprentice Member faces any technical problem in accessing his paid content, he must contact [email protected] which treats the query under twenty four (24) hours maximal delay.
The access to a videoconference is at the Apprentice Member’s disposal at the date and hour defined in the course session description. The Apprentice Member is invited to test his classroom code and his internet connection at least two (2) days before the course starts. In case the Apprentice Member faces any technical problem in accessing his videoconference during the test, he must contact [email protected]skills.eu immediately for assistance which treats the query under twenty four (24) hours maximal delay. If the delay of two (2) days is not respected by the Apprentice Member, no refund can be claimed by the Apprentice Member except for Force Majeure (see Article 19). In case a videoconference session is canceled by the instructor more than twenty four (24) hours before the start of the session or for a case of Force Majeure (see Article 19), Knowledge & Skills informs immediately by e-mail the Apprentice Member and offers a full refund of his purchase with no additional compensation under a maximal delay of fifteen (15) days.
Services provided to Talent Members may take between fifteen (15) and thirty (30) calendar days to be fully executed. Knowledge & Skills notifies the Talent Member of the beginning of the execution of the purchased Service under twenty four (24) hours maximal delay. In case the talent Member gets no notification about the treatment of his purchased Service from Knowledge & Skills after this delay, he should contact [email protected].
Article 5 – INFORMATION SUPPLIED BY YOU
Each person gives a guarantee to Knowledge & Skills that the information that it supplied as to its identity and its contact details relating to the service is true, accurate, complete and up to date. You are solely responsible for the truthfulness and accuracy of this information. You agree regularly to update all the information and to ensure its accuracy. Knowledge & Skills may not under any circumstances be held liable for any errors, omissions or inaccuracies that may be found in the information that you supply, or for any prejudice that may result therefrom for the other Users or for third parties. You are responsible for any activity that takes place on your account and you agree at all times to preserve the security and secrecy of your user ID and your password. You can only have one account as an Apprentice Member and one account as a Talent Member.
Article 6 – INTELLECTUAL PROPERTY
6.1. Intellectual property relating to the Service, our Platform and the elements of which they consist
With the exception of courses created by the Users and/or by the Knowledge & Skills Partners, all the technical, graphic, textual or other elements constituting the Service and/or our Platform (texts, graphs, software, multimedia files, photographs, images, videos, sounds, plans, graphic style charters, technologies, source codes, names, trademarks, logos, visuals, databases, etc.) as well as our Platform and the Service themselves, are the exclusive property of Knowledge & Skills. The User acknowledges that no ownership is transferred to it and that no right or license is granted to it, apart from a right to use the Service in accordance with the present document throughout the term of the Contract, and the rights of use of the course granted to it. Consequently, except for express and prior authorization given by Knowledge & Skills legal representative, the User agrees: not to reproduce for commercial purposes or otherwise any course present in the Service and/or the technical, graphic, textual or other elements constituting the Service and/or our Platform ; not to integrate all or part of the content of the Service and/or our Platform into a third party site for commercial purposes or otherwise ; not to use a robot, in particular for exploration (spider), an application for a search or recovery of websites or any other means allowing the extraction, re-use or indexation of all or part of the content of the Service and/or our Platform ; not to collect information on the Users or to send them unsolicited messages and/or integrate them into a reference or equivalent service, either paying or free ; not to copy the courses present in the Service (with the exception of the courses produced by his own) and/or the technical, graphic, textual or other elements constituting the service and/or our Platform on media of any kind allowing the reconstitution of all or part of the original files. The author of any use not expressly authorized of elements of the Service and/or our Platform will be held civilly liable or criminally responsible and legal proceedings may be brought against it as a result.
6.2. Intellectual property over the content published by the User in the service
In consideration for the use of the service, the Members grant Knowledge & Skills a worldwide, non-exclusive and transferable license that may give rise to the grant of a sub-license, conferring upon Knowledge & Skills the right to copy, store, adapt and use all the content (including the courses, the Tests and any other activity carried out by the Members in relation to the Service) supplied by the Member relating to the Service. This license is granted in line with the publication of the elements concerned, solely for the purposes of the effective operation of the Service
The Members referred to above guarantee that they possess the intellectual property rights and rights relating to the personality (in particular the right to one’s image) necessary for the publication of the content (including the courses) that it publishes on the Service. They also guarantee that the content that they publish on the service does not contain anything contrary to the rights of third parties and the laws in force and in particular the provisions relating to libel, slander, privacy, right to one’s image, outrage of modesty or piracy. You therefore guarantee Knowledge & Skills against any claim made by a third party concerning the publication of the content (including the courses) relating to the Service.
Article 7 – FUNCTIONS OF THE SERVICE
7.1. Online courses
7.2. Discussion spaces
Members have the right to gain access to discussion spaces where they may consult discussion threads between Members, and discuss any given question with them. You agree not to disseminate any private correspondence on the public discussion spaces and must for this purpose use a private messaging service, especially that you will be able to see the e-mail of the talent that created the course. Where you publish a message, you must in particular adhere to the provisions of article 10.2 below and those of « Charter of Good Conduct ». Members may view the messages of other Members on the public discussion spaces inside each course board or during videoconferences and webinars and report them in accordance with article 8 below.
Article 8 – REPORTING – MODERATION A POSTERIORI
Any Member has the possibility of reporting to Knowledge & Skills any message or comment and generally any content published on the service that is contrary to the Contract or otherwise unlawful, and in particular offensive, insulting, libelous, abusive, violent, obscene or pornographic, or containing an incitement to discrimination or hate based on race, religion, sex or other aspect, incitement to crimes and offences, or a justification for crime, or of a kind to infringe intellectual property rights or the right relating to the personality or third parties, or of a kind to alter the operation of the Service and/or of our Platform, in any way whatsoever. To do this, you must contact Knowledge & Skills either by email at the address: [email protected], or use the form accessible within the service by clicking on the tab “Contact Us”, and proceed as follows: State your identity ; Describe the disputed content precisely and give details as well as of its location on our Platform ; Describe the reasons in fact and law for which the disputed content must be considered as manifestly unlawful and therefore be withdrawn from our Platform ; We reserve the right to remove any content that is unlawful or not in compliance with the Contract that has been previously notified. Any manifestly abusive notification may be penalized by Knowledge & Skills. For further information on these obligations, you are asked to read « Charter of Good Conduct ».
Article 9 – PROTECTION OF PERSONAL DATA
Article 10 – OBLIGATIONS OF USERS AND CHARTER OF GOOD CONDUCT
10.1. Obligations of Users
With regard to the use of the Platform, we ask you to agree to the following:
- To guarantee the accuracy, integrity and lawfulness of the information that you supply on the Platform as to your identity and contact details ;
- To guarantee the proper use of the Platform ;
- To create only one account on the Platform as an Apprentice and/or only one account as a Talent ;
- To refrain from capturing information and/or messages, comments and other content that is malicious, denigrating, libelous, offensive, obscene, pornographic, violent, racist, xenophobic, discriminatory, intentionally misleading, unlawful and/or contrary to public order and good moral standards ;
- To respect the rights of third parties, in particular the right to respect for privacy, their image and other rights of legal personality, as well as intellectual property rights (copyright, similar rights, rights to databases, rights to trade marks, rights to patents, drawings or models, manufacturing secrets, etc.) ;
- Not to steal the status, attributes or user identity of another User or a third party so as to mislead or create confusion of any kind as to his identity, the provenance of the information or the content (courses, messages, comments, etc.) that he disseminates or transmits on the Platform ;
- Not to alter or disrupt the integrity of the Platform and/or the data contained therein ;
- Not to try to obtain unauthorized access to the Platform or to the systems or networks that are associated with it or to intercept data ;
- To use the Platform in compliance with the applicable national and/or international laws and regulations.
If any of these obligations are not complied with, we reserve the right temporarily or permanently to suspend the User’s account. In case of damage caused to the Platform or any third party resulting from that breach of obligations, the User will be held civilly liable or criminally responsible and legal proceedings may be brought against it as a result.
10.2. Charter of Good Conduct
Knowledge & Skills is a community website based on mutual aid and sharing whose discussion spaces are open to all Members. Everyone is invited to participate by creating an account on Knowledge and Skills and by complying with the elementary rules of courtesy and the law in force. Exchanges on Knowledge & Skills platform are moderated a posteriori, which means that no message will be read before its publication. Messages are therefore published immediately but may be inspected by the moderation team and the administrators of our Platform, after being published by the Member. The role of the moderation team and administrators is to ensure the effective operation of the discussion spaces by removing any message that because it is undignified, prejudicial to persons, destructive or manifestly off-topic, disrupts the exchanges. The moderators and administrators also exclude any messages that are contrary to the laws in force. The following are also likely to be moderated (list not exhaustive): Messages that are racist, promote hate, are homophobic, sexist or libellous Advertising messages Obscene or pornographic messages or messages that involve harassment Messages indicating exact contact details such as a telephone number or a postal address and whose origin and accuracy cannot be verified by the moderators or that could cause prejudice against persons Messages published in several copies Messages that are off-topic or that incite argument Messages in abbreviated language or whose spelling is too loose Messages worded entirely in capital letters If these rules and directives are not adhered to, the Knowledge & Skills team will impose penalties on the Users concerned. The worst penalty is banishment from the site and consists in completely blocking access to the Platform by the User.
Article 11 – RESPONSIBILITY OF KNOWLEDGE & SKILLS
11.1. Information and/or content published on the Platform by the User
With the exception of courses and contents created by the Members – which must be previously approved by Knowledge & Skills before being placed online, the information and content (messages, comments) published by the Users on the Platform are not inspected beforehand by Knowledge & Skills before their publication on the Platform. Conversely, they are likely to be examined subsequently by Knowledge & Skills. In our capacity as the company hosting this information and/or content (apart from courses) placed online by the User through the company of our Platform, we are subject to the regime of limited liability as provided for by articles 6.I.2 and following of Law no.2004-575 of 21 June 2004 on Confidence in the Digital Economy. In this respect, we may remove any information and/or content that is manifestly unlawful that is notified to us.
11.2. Non-performance of our obligations
Knowledge & Skills will only be liable for direct damage suffered by Users which it can be established that they resulted from the non-performance of our obligations. Conversely, under no circumstances can we be held liable for the following: Losses due to the User, from difficulties inherent to the operation of the Internet network and generally any telecommunications networks, irrespective of their nature, from a third party or an event of force majeure ; Indirect losses resulting from the use of the Platform, such losses being defined in a non-limitative way as operating loss (turnover, revenues or profits), loss of opportunity, harm to image or reputation, commercial or financial loss ; Any loss of data suffered by the User, even if this is due to Knowledge & Skills.
Article 12 – INTERRUPTION OF THE SERVICE FOR MAINTENANCE OR IMPROVEMENTS
We agree to do all that is required to ensure the effective operation of the Platform and accessibility, but we are only bound by an obligation to use specified means concerning continuity of access to the service. We cannot guarantee the permanence or the performance of the Platform. Where the Platform is updated as a result of technical developments, our Platform will be temporarily inaccessible. Access to the Service may be interrupted for reasons of maintenance and updating and in the event of emergencies. Generally, we cannot be held liable for any interruption of the Service irrespective of the cause, duration or frequency, and shall not give the User any right to an indemnity. Consequently, we cannot be held liable for any loss of money or reputation or for any special damage, either indirect or induced, resulting from an interruption in the Service. Also, we cannot be held liable for any damage to hardware, software or data, for example, contamination by a virus, suffered by the User from its use of the Service. To avoid as much as possible any disagreements, you must carry out regular backups of your information, content and software. You acknowledge that you use the Service, but a “bug” on our Platform could cause you to lose some of your data, alter them or expose them. However, we agree to do all that is required to recover them as far as possible and to guarantee you access to the Platform as quickly as possible.
Article 13 – REGISTRATION AND RIGHTS OVER THE USER ACCOUNT
13.1. By a Member
All the Members of our Platform have a right to access, modify or cancel their account. If you have obtained a certificate of completion as an Apprentice or published a course as a Talent, we cannot allow your request for cancellation of your account. Because of our regulatory obligations relating to the nature of our activity, we have to keep your Apprentice file containing your identity, and the entire of your path followed with Knowledge & Skills Platform. Your data are archived ensuring a maximum degree of security and only allowing access to a limited number of persons in our services. If you wish, we can send you your Apprentice/Talent file. Users may at any time modify and obtain a right of access to their personal account by contacting us by email at the address: [email protected] If you wish to cancel your registration to our Platform, please contact us by email at the address [email protected] Your request for cancellation of your account will involve the deletion of your personal data from our databases. Cancellation of your registration will involve the termination of the Contract. If you are a Talent having courses on sale or in open access on the library catalogue of the platform, additional conditions apply to the cancellation of your registration according to the publication Contract you made with Knowledge & Skills. The termination will become effective within a period of thirty (30) business days of the receipt by Knowledge & Skills of the request for cancellation.
13.2. By Knowledge & Skills
If an application for registration to our services is made by a minor without the prior consent of his legal guardian, we can block access to the Account until such consent has been obtained. Where we note that a User or a Member of or a Visitor to the Platform does not adhere to the present GCTU, we will contact it to inform it that a penalty may be imposed upon it, in particular the suspension of his account. The Charter of Good Conduct referred to in these GCTU must be respected by everyone for the effective operation of the Platform and a good understanding between people. If no solution can be found and the rules of good conduct are not adhered to, we will be forced to deactivate your account temporarily or permanently and we will contact you first by email.
Article 14 – SUSPENSION – EARLY TERMINATION
Knowledge & Skills may suspend the Services and/or the access to the Content and/or terminate the GCTU by operation of law and without the need for judicial intervention in case of non-compliance by the Member with any of its obligations, without prejudice to any damages that Knowledge & Skills may claim from the Member in compensation for the damage suffered because of the contractual breach that led to the suspension of the Services and/or termination of the GCTU.
The exercise of this right of termination will not exempt the Member having been put on notice to fulfill the obligations contracted until the effective date of termination and this, without prejudice to the damages he may have to pay to Knowledge & Skills, bearing the non-performance of the contractual obligation.
Article 15 – CONFIDENTIALITY
15.1. The Parties shall consider as strictly confidential any information, of any nature whatsoever, that may be revealed to them as a result of the performance of the Services (hereinafter referred to as the "Confidential Information(s)” and in particular and not exclusively:
· all concepts, creative ideas, technical secrets, processes, know-how, as well as commercial, economic, statistical or other information that may reasonably be presumed to be confidential and/or proprietary to either Party;
· to which the Parties have had access or which they have had and /or will have to know during their discussions relating to the GCTU and/or the provision of the Services; whether such Information was acquired directly or indirectly during discussions or investigations between the Parties, regardless of the medium of the information transmitted, in particular electronic mail;
· or which have been transmitted by one Party to the other Party in visible, tangible or graphic form and designated as being, or reasonably likely to be, confidential be presumed to be confidential and/or proprietary to the property of the other Party;
· orally transmitted and designated as being, or may reasonably be presumed to be confidential and/or confidential and/or proprietary to the other Party, it being understood that such information shall be protected under the terms of this section;
· or made available by either Party to the other Party via a cloud computing system (hereinafter “Cloud”) in a section specifically dedicated to Confidential Information and named as such.
The following are also considered confidential information, discoveries or any other data directly or indirectly resulting from the use of the Confidential Information delivered by one of the Parties to the other Party as well as the content of the GCTU themselves.
15.2. Each Party retains exclusive ownership of its Confidential Information subject to the rights of third parties.
The receiving Party shall therefore not be entitled to any right whatsoever right to the Confidential Information.
Nothing contained herein shall be construed as conferring any assignment, license or right in respect of any patent, design, trademark designs, trademarks, copyrights, ideas, concepts, inventions, developments, or information, or more generally any know-how, whether or not it is protected by any title of intellectual property, the ownership of which remains property of the disclosing Party.
15.3. The Parties commit not to use, directly or indirectly, the Confidential Information they have received, in whole or in part, for any purpose other than the provision of the Services. The Parties expressly agree that the Confidential Information transmitted by the other Party is protected and kept strictly confidential.
15.4. In this sense, each Parties undertakes on its behalf during the life of the Agreement:
(i) that the Confidential Information shall not be copied, distributed, communicated, transmitted or otherwise disclosed in any manner or form to any third party or to any person during the term of the Agreement without the express, prior written consent of the Disclosing Party and provided that a confidentiality agreement has been signed with such third party;
(ii) take all necessary precautions to preserve the confidential nature of the Confidential Information, in particular by ensuring its physical security by all appropriate means and in particular by keeping it in secure locations and by marking the documents relating to such information with the word "CONFIDENTIAL" whenever necessary;
(iii) set up:
· different levels of accessibility to its servers, applications and databases containing Confidential Information;
· security computer procedures such as regular backups of any media containing Confidential Information;
(iv) use IT and Internet service providers with recognized expertise and applying security levels similar to those defined above. If necessary, the Parties will have to sign an NDA with these service providers in order to ensure that they comply with the confidentiality obligation;
(v) return to the Disclosing Party and/or destroy all documents, if any, provided to the Disclosing Party pursuant to the Agreement and/or the Project and, in such case, not retain any copies of such documents;
(vi) not to make any use or profit, directly or indirectly, from the Confidential Information, documents, models that may have been revealed by the Disclosing Party;
(vii) immediately cease the developments and/or services that may have been entrusted to it by means of the Confidential Information, upon simple written request from the Disclosing Party and without the Recipient being able to claim any indemnity whatsoever;
(viii) not to file or have filed by a third party an application for industrial and/or intellectual property title relating to all or part of the Confidential Information.
15.5. This obligation of confidentiality applies to all employees of the Member all their affiliates’ companies and all subcontractors who have access to such information and documents, as well as to any person over whom the Parties exercise control or authority.
15.6. This obligation of confidentiality shall be effective during the entire duration of the contractual relationship between Knowledge & Skills and the Member for a period of five (5) years after the termination of the Agreement for any reason whatsoever.
15.7. Each Party is entitled to disclose or use all or part of the Confidential Information:
(i) which has fallen into the public domain (otherwise than in violation of the GCTU);
(ii) which is already known to the other Party, such prior knowledge being determined by the existence of appropriate documentation;
(iii) which has been received from a third party in a lawful manner, without restriction or violation of the Agreement;
(iv) whose free communication or use has been accepted in writing by the Disclosing Party;
(v) pursuant to a court order of a court of competent jurisdiction, an investigative procedure in legal proceedings, or any law or regulation having the force of law. In this context, it is for the requested Party to inform the other Party as soon as possible.
Article 16 – ASSIGNMENT – TRANSFERABILITY
The Parties shall refrain from assigning the GCTU or any rights and/or obligations thereof to a third party in any way, for any reason and in any form whatsoever, without having informed the other Party prior thereto in writing and having received its express consent.
However, it is already agreed between the Parties that Knowledge & Skills may notably, subject to having informed the Member, transfer its rights and obligations under the GCTU, in particular to one of its subsidiaries or its parent company.
Article 17 – LEGAL SITUATION
No change in the legal situation of Knowledge & Skills such as transformation, merger with other legal entities, absorption, transfer of the business of Knowledge & Skills to a third party, can put an end to the Agreement, which will continue between the Member and the person who may be in the rights of Knowledge & Skills, under the same conditions as those defined in the terms hereof and without Knowledge & Skills being required to any compensation to the Member.
Article 18 – UNDUE HARDSHIP CLAUSE
The Parties agree that if the data on which the provision of the Services is based is modified to such an extent that either Party encounters serious and unforeseeable difficulties, they shall consult each other and show mutual understanding with a view to making any adjustments that may appear necessary because of circumstances that were not reasonably foreseeable at the date of conclusion of the GCTU, in order to restore the conditions of an equitable agreement.
The Party that considers that the conditions set forth in the above paragraph have been met shall notify the other Party by registered letter with return receipt requested, specifying the date and nature of the event(s) at the origin of the change alleged by it, quantifying the amount of the current or future financial loss and making a proposal for compensation to remedy the change. Any service made more than twelve (12) business days after the occurrence of the event by the Party making the service shall have no effect.
Article 19 – FORCE MAJEURE
Are expressly considered as force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals, as well as the following non-cumulative events: war, riot, fire, internal or external strikes, lockout, occupation of the premises of either Party, inclement weather, earthquake, flood, water damage, legal or governmental restrictions and/or measures including any restriction or measure including a limitation on travel, legal or regulatory changes to forms of marketing, accidents of any kind, epidemic, pandemic, pandemic of an emerging infectious disease, illness affecting more than ten percent (10%) of the personnel of either Party within a period of two (2) consecutive months, lack of power supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities and any other event beyond the express control of the Parties preventing the normal performance of the Services.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure as defined by article 1218 of the French Civil Code, including due to a health crisis caused by COVID-19.
Force majeure shall only release the Party that invokes it from its contractual obligations to the extent and for the time that it is prevented from performing them.
The Party affected by a case of force majeure shall immediately inform the other Party by e-mail or fax of its inability to perform its obligations and shall justify this to the latter by producing all useful evidence. The other Party reserves the right to verify and check the reality of the facts.
The Party invoking force majeure shall make every effort to reduce as far as possible the harmful effects resulting from this situation.
However, if the event giving rise to the force majeure (hereinafter the "Event") continues for more than eight (8) days, permanently preventing one of the Parties from fulfilling its obligations under the GCTU, the GCTU shall be suspended for the duration of the Event from the time the Party affected by the force majeure notifies the other Party of the impossibility of performing its obligations. The Parties acknowledge that they are aware of the impact of a health crisis such as COVID-19 with respect to the potential effects on the timeframe for performance of an agreement. If such a crisis were to continue during the performance period for the Services, the performance period would be automatically extended.
The suspension of obligations shall in no event be cause for liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.
If the Event lasts for more than two (2) months, in one go or in several, definitively preventing one of the Parties from fulfilling its obligations, the Parties undertake to meet in order to determine the outcome to be given to their contractual relationship and in particular whether the GCTU should be terminated in accordance with the terms and conditions defined in the GCTU. The Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
Article 20 – NOTIFICATIONS
Except where provided for otherwise herein, it follows from an express agreement between the Parties that exchanges between them shall take place by any means, including by electronic messaging to the e-mail address mentioned in their correspondence, invoices and/or Quotes, or any other document.
The Parties agree that printing an e-mail on paper shall be valid as proof of the content of exchanges.
The Parties shall implement all security measures to ensure the availability, integrity and confidentiality of e-mail files sent by Internet.
At the same time, they shall implement all appropriate measures such as firewalls and anti-virus software, which is updated regularly and correctly, in order to protect themselves as effectively as possible against intrusion, attacks and the spread of viruses to ensure the availability, integrity and confidentiality of the e-mail files received.
The Parties shall also save all messages sent on the subject hereof in the most appropriate and safest way possible.
Article 21 – GENERAL PROVISION
21.1. Tolerance of the clauses
It is expressly agreed that any tolerance or renouncement by one of the Parties in the application of all or part of the commitments hereunder, regardless of the frequency and duration, cannot imply any changes hereto or create any rights whatsoever.
21.2. Entire agreement
Th GCTU constitute the entire Contract of the Parties and supersede in all respects the agreements, letters of intent, previous letters and proposals between them, regardless of the form or the name or whether bearing on the same subject, with the exception of those listed herein.
If any of the provisions of the GCTU are cancelled in whole or in part, the validity of the remaining provisions of the GCTU shall remain unaffected. In this case, the Parties shall, to the extent possible, replace the cancelled provision by a valid provision corresponding to the spirit and purpose of the GCTU.
The Parties expressly declare that, throughout the duration of their relationship, they are and will remain independent business and professional partners, and each one shall assume operating risks on its own.
The Member shall undertake to ensure compliance with the GCTU by its employee(s), collaborator(s), partner(s), subsidiary(ies) or mother company(ies).
Knowledge & Skills reserves the right to modify the GCTU at any time and notifies by e-mail the concerned Parties.
The GCTU are written in English, which is the only authentic language between the Parties.
The files, date and messages recorded in Knowledge & Skills’s computer systems will be admitted as proof of acts and facts that took place between Knowledge & Skills and the Members.
The preservation of records shall be presumed to have taken place under reasonable conditions of security, unless proved otherwise, if the messages, data and other files are systematically saved on a reliable and durable support.
Article 22 – APPLICABLE LAW AND JURISDICTION
22.1. The GCTU are governed by French law.
22.2. The Parties undertake, in the event of difficulties arising from the pre-contractual relationship or of a dispute or challenge relating to the GCTU, and prior to any legal proceedings, to seek an amicable settlement to their dispute.
In this respect, the Party wishing to implement this amicable procedure must notify the other Party by registered mail with acknowledgement of receipt, specifying the difficulties encountered or the failures noted. This letter will be considered as a formal notice to remedy the shortcomings observed and must mention the amicable settlement proposal. The other Party will then have fifteen (15) calendar days to make known its interpretation of the events, its own amicable proposal for settlement of the dispute or its refusal of an amicable settlement. The Party having initiated the amicable settlement will then have fifteen (15) calendar days to make its response known. However, if within thirty (30) calendar days following this response, the Parties have not reached an amicable agreement, each of them shall recover its full freedom of action and its right to bring the matter before a judge.
22.3. ANY DISPUTE RELATING TO THE VALIDITY, PERFORMANCE AND/OR INTERPRETATION OF THE GCTU WILL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, BE REFERRED TO THE JURISDICTION OF THE COURT OF APPEAL OF MÂCON (FRANCE), EVEN IN THE EVENT OF APPEAL OR MULTIPLE DEFENDANTS.
Knowledge and Skills operates the www.ks-portal.net website and KS-Portal SaaS, which provides the SERVICE.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Knowledge and Skills website.
1. Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
2. Log Data
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses minimum necessary "cookies" to insure the functioning of our Service as described in our cookies policy (see Cookies Policy section in this page). You should accept these cookies, otherwise you may not be able to use our Service. If you refuse, we gently invite you to quit this website.
For more general information on cookies, please read "Cookies policy” section in our website “Cookies Policy” page.
4. Service Providers
We may employ third-party companies and individuals due to the following reasons:
To secure our Service: Cloudflare and AWS
To provide the Service on our behalf: AWS and Stripe
To perform Service-related services: Youtube
To assist us in analyzing how our Service is used: Cloudflare.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
6. Links to Other Sites
7. Children's Privacy
Our Services do not address anyone under the age of 16. We do not knowingly collect personal identifiable information from children under 16. In the case we discover that a child under 16 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
9. Contact Us
A cookie is a small file and holds a certain amount of data, which our website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by our web server. This cookie data can then be retrieved and can allow us to customize our web pages and services accordingly. It is important to clarify that cookies do not collect any personal data stored on your hard drive or computer.
We use the minimum necessary cookies in order to constantly improve your browsing experience on our websites. We may call third party services, but if we do so, we inform you, invite you to read their policy and ask for your consent. Otherwise, we don't use third parties analytical packages. For instance, we use the cookies as follows: - Cookies sent by ks-portal.net: 1 cookie to know if you click "accept" on the Cookies Consent bar, 1 cookie to know if your session expired or not - Cookies sent by third parties: 15 cookies sent by YouTube for the good functioning of the embedded video contents from YouTube. Knowledge and Skills has no control or liability over these cookies set, so you should check YouTube's cookies policy following this link: https://support.google.com/youtube/answer/7671399