1- Definitions
The Client refers to the professional or individual who signs up to the sale of services;
The Learner refers to the user or users of the services signed up to by the Client;
The Order refers to the selection of Services made by the Client on the website.
Immerscio.bio Platform shall refer to the Learner site, one which the Learner logs on to complete and following the Training for which he/she is registered;
The Parties jointly designate the Client and the Service Provider
The Services refer to all the services to which it is possible to sign up mentioned in Article 3 of these General Terms and Conditions of Sale;
The Service Provider means the simplified joint stock company SAS PLATEFORME DIGITALE D’ÉDUCATION BIOTECH, registered in the Paris Trade and Companies Register under number 893.358.341, whose registered office is located at 46 avenue de la Grande Armée, Paris 17ième, France. This term also refers to the Service Provider staff who managed the Immerscio.bio Platform and Orders;
The Services Provision is defined by sending ID and password to the Client to allow access to the ordered Services.
The Training refers to all the modules and/or curriculum provided by the Service Provider to each registered Learner, in accordance with the Client’s Order;
The Training Agreement is the contract signed between the Service Provider and the Client, after the Client has placed an Order and the Service Provider has accepted it. The receipt of the Training Agreement signed by the Client at the Service Provider shall give the access to the training courses for the Learner.
2- Purpose
These General Terms and Conditions of Sale (hereinafter “GTCS”) are intended to define and frame all contracts between the Service Provider and the Client.
The GTCS shall apply in full and without reservation to all Clients.
The present GTCS are available at any time. They can be accessed at any time on the Immerscio.bio Platform and Immerscio.bio website by the Client who must read and accept them, prior to placing any Order.
The full and unconditional acceptance of the GTCS is conditional upon signing the Training Agreement.
Furthermore, the Service Provider’s GTCS take precedence over the Client’s Standard Terms and Conditions of Purchase.
The Service Provider reserves the right to modify all or part of these GTCS at any time and without prior notice or justification.
If any provision of the GTCS is found to be invalid or unenforceable, only that provision shall be deemed to have been deleted from these GTCS.
3- Description of the Services offered
The Service Provider offers a range of digital content for biotechnology, designed to reflect the best industrial practices and the most recent innovations. This offering is composed of curriculums (a set of Learning modules) and modules that can be sold separately. The modules are tailored to the Learner’s need and level (beginner or advanced.)
The digital content offered by the Service Provider is displayed on the Immerscio.bio website on the page Our trainings.
4- Ordering
Before any Order, the Client must internally assess the prerequisites and need of each Learner it wants to register, in order to position them on a training course and/or module offered by the Service Provider.
Then, the Client will contact the Service Provider in order to clarify its needs regarding the future Services it would like to order at the address salesadmin@immerscio.com.
Following discussions, an Order including the chosen Services will be formalized in a Training Agreement sent to the Client, via a secure email signature website. The Order will be validated upon receipt by the Service Provider of the Training Agreement, signed by the Client with email addresses of each Learner registered.
The contractual information is presented in French and/or English and are subject to confirmation no later than the Client’s signature on the Training Agreement.
The Client has the opportunity to verify the details of his/her Order and its total price and also to correct any errors before validating his/her acceptance, in accordance with the article 1127-2 of the Civil Code. The Client can also check one more time its Order in the Article 1 of the Training Agreement (completed in accordance with the quote and order form.) It is therefore the Client’s responsibility to verify the accuracy of the Order and to immediately report any errors to the Service Provider.
In the event of an error concerning the Order, a corrective e-mail must be sent to the e-mail address salesadmin@immerscio.com, as soon as possible, before the Client signs the Training Agreement.
Upon receipt of the Training Agreement signed by the Client, under the conditions set forth above, the Service Provider shall validate the associated Order and direct access to the training activities shall be created and sent directly to the Learners at the e-mail address provided by the Client.
The Immerscio.bio Platform reserves the right to cancel or refuse any Order from a Client with whom there is a dispute over payment from a previous Order.
5- Access to the ordered Services
The Learner can access the Immerscio.bio Platform made available by the Service Provider, via the Internet, 24 hours a day, 7 days a week, by clicking on the link sent by the Service Provider and providing the information relating to its own Microsoft Windows account.
The Service Provider is only bound by an obligation of means concerning the continuity of access to the Immerscio.bio Platform.
The Immerscio.bio Platform is compatible with all the latest browsers. The details are stated in the Immerscio.bio Platform’s CTCU.
The Learner has a period of two (2) months within which to complete a one or more modules, from the receipt of the email their unique identification link. In the case that the Order includes one or more curriculums, the Learner has a period of four (4) months, from the receipt of the email their unique identification link.
Clarification. For any person with disability, the implementation of a third time is possible, after request from the Client and written agreement from the Service Provider. The Learner has a period of three (3) months to complete one or more modules, from the receipt of the email their unique identification link. In the case that the Order includes one or more curriculums, the Learner has a period of six (6) months, from the receipt of the email their unique identification link.
These deadlines are not cumulative. These deadlines run from the date of receipt of the email with the unique identification link sent by noreply@immerscio.com informing of the Immerscio account and the opening of accesses. After this period, the Learner will no longer be able to carry out or complete their Training.
The Services offered are mainly carried out online and remotely, with the exception of virtual reality and mixed reality sessions. Consequently, the Learner will freely establish its working hours within the aforementioned time limits for opening access, except for virtual reality and mixed reality sessions which will depend on the slots available and reserved by the Learner.
In the event of suspicion of dropping out, the Immerscio.bio Platform will set up a recovery system to support the Learner in continuing their Training and prevent from dropouts or stopping early.
The assessment methods of Learner are mentioned in Article 3 of the General Terms and Conditions and Article 1 of the Training Agreement.
6- Right of personal Use
Training chosen by the Client are for the exclusive of registered Learners to whom access has been granted by the Service Provider, for the execution of the Training Agreement. Login credentials and login link are sensitive, strictly personal and confidential information which is placed under the exclusive responsibility of the Learner. As such, they cannot be assigned, resold, or shared with other. The Learner guarantees the execution of this clause by any user Immerscio.bio Platform and will be liable for any fraudulent or abusive use of the access codes.
The Learner shall immediately notify Immerscio.bio Platform in the event of lost or stolen access codes.
In the event of violation of the clause of non-transferability or of sharing of access codes, noted by any means, the Immerscio.bio Platform reserves the right to suspend the Service, without providing compensation, notice, or any prior information.
7- Accessibility and Inclusion Policy
The Service Provider put in place an Accessibility and Inclusion Policy targeting people with disabilities, in order to create an inclusive environment and open to the most. For most details, please consult the Accessibility and Inclusion Policy.
Immerscio.bio Platform has introduced adaptations for Learners with disabilities:
- For activities carried out remotely:
Modules may be adapted, for example, by activating subtitles or audio. These adaptations can be activated directly by the Learner in their own space during their Training. Details regarding the instructions are given on the menu before the beginning of the activity.
The implementation of a third time is possible and must be agreed and validated before the beginning of the Training, after request from the Client and written agreement from the Service Provider.
No third time unilaterally proclaimed by the Learner will be valid.
For any specific request, the person concerned may contact the disability representative of the Immerscio.bio Platform directly salesadmin@immerscio.com.
- For physics sessions (virtual reality and mixed reality):
All premises where virtual reality and mixed reality sessions take place are adapted to accommodate people with reduced mobility and disabilities.
For more details, please refer to the Accessibility and Inclusion Policy.
Warnings regarding the use of Virtual Reality.
Most modules include virtual reality and mixed reality. However, the use of virtual reality can be dangerous for some people with disabilities. An educational alternative is available for Learners concerned, such as replacement videos.
Be careful. The Service Provider strongly advises against the virtual reality use in the following cases:
- People suffering from epileptic disorders,
- People suffering from sleep deprivation, anxiety, migraines, earaches and other discomforts (risk of increased sensibility);
- Pregnant women;
- People with psychiatric disorders ;
- People with binocular vision abnormalities, heart disease, or other serious illnesses, as well as people with a pacemaker and/or hearing aid;
- People suffering from motion sickness (may experience discomfort when using the headsets, although virtual reality sessions involving little movement and moving environments.)
In doubt, the Service Provider strongly recommend contacting your doctor or specialist.
If you are in one of the cases mentioned above, do not hesitate to contact the Service Provider’s team at support@immerscio.com, in order to obtain further information on possible alternatives.
For further information, please contact the Service Provider’s disability representative at salesadmin@immerscio.com.
8- Pricing
The Services offered may be purchased by module or by curriculum. However, the last module of curriculum (relating only to the final quiz) cannot be sold separately from the curriculum to which it is linked.
The Services offered by the Service Provider are provided at their current price, presented in the quote sent to the Client following the commercial discussions. These Services will appear on the Training Agreement.
The prices of module and curriculum do not include the cost of the Internet connection, which remains the exclusive responsibility of the Client and/or the Learner.
These prices are expressed in Euros, excluding and including VAT.
The Service Provider reserves the right to modify the prices at any time.
Once an Order is placed, the price of the Order is firm and non-negotiable. The payment requested from the Client corresponds to the total purchase price, including expenses.
An invoice will be issued by the Service Provider and given to the Client after the Training Agreement signature by the Parties. The preferred method of sending the invoice is by email, unless there is a specific agreement between the Parties. The invoice shall include VAT and all other applicable taxes.
The current price list may be subject to, rebates, discounts and other payment deductions in accordance with Article L441-1 I. of the Commercial Code.
9- Payment
Invoices are payable in euros by bank transfer, upon receipt of the invoice (except in the case of a specific agreement according to the terms predefined in the Training Agreement.) In this case, the period may be extended to a maximum of thirty (30) calendar days. Payment must be made to the Service Provider’s bank details indicated on the Training Agreement, as well as on the invoice received.
In the event of an error on the invoice, a request for correction must be sent to the e-mail address salesadmin@immerscio.com, as soon as possible. A new invoice will be sent, as soon as possible.
9.1 Late fees
In the event of a late payment, late fees shall be automatically due as of right of the Service Provider, after one (1) reminder sent without response. These penalties will be calculated at the rate of one and a half-time the legal interest rate.
Interest shall be calculated from the day following the due date of the payment.
In addition to the late fees, in accordance with Articles 441-6 and D.441-5 of the Commercial Code, any delay in payment will automatically require the debtor to pay a set fee of forty (40) euros to cover collection costs.
Furthermore, the Service Provider reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the Provision of Services ordered by the Client and/or to suspend the execution of its obligations.
10- Right of cancellation
The cancellation period is a period of reflection given to the persons concerned, after the conclusion of a contract with a professional. It allows the person concerned to change their mind.
In principles, this option is reserved for non-professional Client acting as consumers and Client falling within the scope of article L221-3 of the Consumer Code.
10.1- Principle
As a reminder, the Client has a right of cancellation in the event that the contract was concluded outside the establishment between two professionals, that the object of the contract does not fall within the scope of the professional’s main activity and that the number of employees employed by the latter is less than or equal to five.
In accordance with the law in the context of a contract concluded remotely, the Client has a period of fourteen (14) days from the day after the conclusion of the contract within which to exercise his/her right to cancel his/her Order with the Service Provider receive reimbursement, without having to justify such cancellation and without being subject to the imposition of fees. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The right of cancellation can be exercised online, using the cancellation form, available on the Appendix 1 of these CTCS. The cancellation form must be sent to the following email address with acknowledgement of reading or receipt salesadmin@immerscio.com.
10.2- Exception
However, in accordance with Article L. 221-28, 13° of the Consumer Code, the right of cancellation shall not apply if the following three conditions are all met:
- The Client signed a contract for the supply of digital content not supplied on a material medium;
- The Client gave his/her prior and express consent to having immediate access to the module(s) using the form established for this purpose by the Service Provider;
- The Client expressly waived the exercise of his right of cancellation by means of the form established for this purpose by the Service Provider.
In other words, if the Client gives his prior and express consent to the beginning of the Order before the end of the cancellation period, as well as his consent to the waiver of his right of cancellation, the Order may be executed upon signature of the Training Agreement by the Parties.
The Client may waive his right of cancellation by directly completing the Right of Withdrawal Waiver Form in Appendix 2 of theses CTCS. This form must be completed and returned signed to the Service Provider, at the same time as the Training Agreement.
11- Liability of the Service provider – Guarantee
In accordance with the law and without requiring additional payment therefore, the Service Provider provides a guarantee to the Client should the ordered Services fail to comply or contain latent defects resulting from any defect in design or performance.
In order to assert his/her rights, the Client shall inform the Service Provider of the existence of the defects or non-compliance within a maximum period of 24 hours from the date of becoming aware of the defect or non-compliance in writing addressed to the following e-mail address: support@immerscio.com.
The Service Provider shall rectify or cause to be rectified (to the extent possible) the Services deemed to be defective without undue delay according to the level of difficulty identified.
In cases where rectification is not possible, the Service Provider shall reimburse the Client for all, or part of, the Services actually paid for by the Client. The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Client, and the Service Provider cannot be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law, in accordance with Article 14 of these GTCS.
The Services provided through the Immerscio.bio Platform comply with current regulations.
The Service Provider cannot be held liable in the event of non-compliance with the safety instructions mentioned in the training modules.
In the event of deterioration or breakage of equipment loaned for face- to-face activities, the Immerscio.bio Platform reserves the right to withhold a financial penalty from the Learner, which may not exceed the purchase price of the product.
12- Protection of Personal Data
In application of Law 78-17 of January 6, 1978, amended by law Number 2018-493 of June 20, 2018 and the Regulation (eu) 2016/679 of the european parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (“GDPR”), it is recalled that personal data requested from the Client are used on one of the legal bases of contractual execution, consent, legal obligation or the legitimate interest of the Service Provider.
The purposes of Personal data processing are the processing of the contractual phase, the creation of Learner access, the preparation of invoices and the monitoring of the Learner’s Training. All the purposes of the various processing operations are explained in the Privacy Policy.
For the purposes of contractual performance, this data may be communicated to partners (subprocessors) of the Service Provider who may be responsible for the execution, processing, management and payment of Orders and for the execution, processing and management of training.
The processing of Personal data by the Service Provider meets the legal requirements for the protection of personal data and the information system used ensures optimal protection of this data. In the event of collection of Personal data belonging to minors or protected adults, double consent may be necessary.
In accordance with national and European regulations in force the Client and its Learners have the following rights: a right of permanent access, modification, rectification, objection to portability and limitation of processing with regard to information concerning him/her as well as the right to refuse to be subject to automated decision-making, including profiling when it is based exclusively on an automated decision.
This right can be exercised by writing to the following email address DPO@immerscio.com.
For more details on the treatment of personal data and cookies, including their protection and security, please refer to the the Immerscio.bio Privacy Policy. This policy can be found at the bottom of the Immerscio.bio Platform’s home page. It must be read and accepted the first time you connect to the Immerscio.bio Platform.
13- Intellectual Property
The content of the Immerscio.bio website and the Immerscio.bio Platform are the property of the Service Provider and are protected by French and international intellectual property laws.
Any total or partial reproduction of its contents is strictly forbidden and is likely to constitute an infringement of copyright.
14- Force majeure
Neither the Service Provider nor the Client shall be held liable if the non-performance or delay in performance of any of their obligations as described herein is the result of 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 shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1.”
In the event of Force Majeure, the obligations of the Parties are suspended for the entire duration of its existence, unless the impediment become definitive, the contract will be terminated automatically.
15- Applicable law – Language
These GTCS and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
16- Disputes
All disputes which may arise from the sales operations concluded in application of the present GTCS whether concerning their validity, their interpretation, their execution, their cancellation, their consequences or aftermath and which cannot be resolved between the Service Provider and the Client shall be submitted to the Paris Tribunal.
The Client is informed, in advance; that he/she can, in any case, resort to conventional mediation or with the existing authorities of sectorial mediation, or by any alternative means of dispute resolution (conciliation, for example).
17- Pre-contractual information – Client acceptance
The Client acknowledges having been informed of the pre contractual information and these CTCS (prior to placing the Order and concluding the Training Agreement) in a legible and comprehensible manner.
The fact that a natural person (or legal entity) places an Order with the Service Provider implies full acceptance of these GTCS and an obligation to pay for the Services ordered, which is expressly recognized by the Client, who waives the right to invoke any contradictory document which would otherwise be enforceable against the Service Provider.
18- Updating of the GTCS
The present GTCS may be modified or updated in order to take into account internal, legislative, regulatory or technical developments. The update will not under any circumstances, concern use made prior to their entry into force.
APPENDICE 1: EXAMPLE OF CANCELLATION FORM
The withdrawal form can be filled in and sent back to the email address salesadmin@immerscio.com, except for exclusions or limitation to the exercise of the right of withdrawal, in accordance with the applicable (GTCS.)
- Order “Date”: ” XX/XX/XXXX ”
- Order Number : …………………………………………………..
- Company Name : …………………………………………………………………
- Client Address : …………………………
- Request: …………………………
Example: I hereby notify you of my withdrawal from the Training Agreement relating to the aforementioned Order within the 14-day withdrawal period.
- Reason (optional) : …………………………
This form must be sent to the address salesadmin@immerscio.com, imperatively accompanied by an acknowledgement of reading and/or receipt.
Done at XX, on XX
Signature
APPENDICE 2: EXAMPLE OF RIGHT OF WITHDRAWAL WAIVER FORM
- Order “Date”: ” XX/XX/XXXX ”
- Order Number : …………………………………………………..
- Company Name : …………………………………………………………………
- Client Address : …………………………
- Request: …………………………
By completing this form waiving the legal right of withdrawal of fourteen (14) days from the day after signing the Contract, the Client certifies:
- That he gives his express prior consent for the start of the entirety of his Order before the end of the aforementioned withdrawal period;
- That he explicitly wishes to waive his right of withdrawal before its end.
This form must be sent to the address salesadmin@immerscio.com, imperatively accompanied by an acknowledgment of reading and/or receipt.
Done at XX, on XX
Signature
