You must read our TOU and accept them before using the https://elearning.lectra.com website.
The purpose of these Terms of Use is to define the conditions under which the https://elearning.lectra.com website (the
Site), hereinafter called "the Service," and the terms of use of the Service by the User
are made available.
Any connection to the https://elearning.lectra.com
website is subject to compliance with this legal notice; Lectra reserves the right to
modify or update it at any time.
By accessing and using the https://elearning.lectra.comwebsite,
you agree to comply with this legal notice. These terms of use apply without restriction
or reservation to all content on the https://elearning.lectra.com
website. If you do not agree with the clauses below, please do not use this website.
In order to adapt the Site to better respond to the needs and expectations of the Users,
Lectra reserves the right to modify, unilaterally and without notice, the services
offered on the Site as well as these Terms of Use. This also includes the right to
eliminate certain services outright, or if necessary, to close the Site. In any of these
cases, the User may not make any claim in this regard.
In application of Law No. 78-17 of 6 January 1978 on Information Technologies, Data Files
and Civil Liberties, you have rights of objection (Art. 26 of the law), access (Art. 23
to 38 of the law) and correction (Art. 36 of the law) with regard to the data that
concern you. You can exercise these rights by writing to LECTRA at the following
address: 16-18 rue Chalgrin, 75016 PARIS, France or by sending an email to the following
address privacy@lectra.com.
By using this Site, you accept the conditions presented in these TOU. If you disagree
with these terms of use, please do not use this website. A link to these TOU as well as
the contact email address is available on each page of the Site. It is therefore assumed
that you will consult these pages each time you visit the Site. In the event that the
terms of use are modified, you will be notified by email – as of that time, continuing
to visit the Site means that you agree with the changes made to these conditions.
Any risk resulting from the use of information on the https://elearning.lectra.com Site is
undertaken by the User of the Site's services. Lectra cannot be held liable for any
direct, indirect or material damages.
This Site may contain inaccuracies and other errors. Lectra reserves the right to revise
the content to the extent required to correct these errors, without, however, being
liable for doing so.
The purpose of this article is to define certain terms found in the TOU.
• Site: The Site refers to the https://elearning.lectra.com Internet
platform
• User: The User is any person using the Site or one of the
services offered on the Site
• Participant: The term "Participant" refers to a user
identified on the Site
• Administrator(s): the administrators are responsible for
the day-to-day operations on the Site
• Content: The term "User Content" refers to the data
transmitted by the User in the different areas of the Site.
ARTICLE 4: Access to the website and to the services offered
The administration team discourages the use of aliases: the First and
Last Names entered during registration are the "natural" identifiers of each person on
the Site, ensuring confidence among the participants for optimum and friendly
interaction.
Aliases are nevertheless allowed as "exceptions" requiring prior individual
identification and approval by the Site Administrators, they alone being required to
know the true identity of the person. However, we strongly advise against such use as it
does not inspire confidence among the other Site participants. In addition, widespread
use of aliases could introduce significant SPAM risks.
By registering, you agree to receive by email, by default, notifications of activities on
the https://elearning.lectra.com website. No
commercial information will be communicated through these email notifications of
activities.
In principle, any notification meant for you will be sent via email to the address that
you provided when registering on the Site. It shall be assumed that you have received
the notifications 24 hours after an email has been sent, unless the sender has been
notified that the email address is invalid. Notifications may also be sent to you by
registered mail with acknowledgment of receipt to your personal address (if you provided
the latter in your user profile). The 24 hour period mentioned above is then extended to
3 days after the letter has been sent.
The Site is a free service open to all natural persons for the essential purpose of
learning and sharing knowledge, practices and Totara technologies. The Administrator
may, without notice and without prejudice, withdraw any post added by an entity (person,
company, organization or similar entity) for direct, indirect or disguised advertising
purposes, and exclude the User concerned.
Lectra strives to provide access to the site 24 hours a day, 7 days a week, except in the
case of force majeure or an event beyond its control, and is subject to potential
breakdowns and maintenance necessary for the smooth running of the Site and services. As
a consequence, Lectra cannot guarantee the availability of the site and/or services, the
reliability of transmissions or performance in terms of response time or quality.
Each User of https://elearning.lectra.com
undertakes to be discreet and respect the privacy of other users, with the
rationale of providing a place for friendly interaction.
Participation in https://elearning.lectra.com
implies not posting ideas of a political, religious or ethnic nature on the network,
making it a sharing tool that is open to everyone, regardless of their social
environment, origins, religious beliefs or political ideas. The team of moderators for
https://elearning.lectra.com reserves the
right to send a warning to, or even exclude from the site, anyone infringing this rule.
This applies to all rules set forth in these Terms of Use, especially those specified
under the Article "Responsibilities."
You agree not to copy, reproduce, alter, modify, create derivative works or disclose to
the public all or part of the content on our site without our prior express written
consent or that of the third parties concerned, which would constitute an infringement
punishable by Articles L.335-2 et seq. of the French Intellectual Property Code.
You agree not to use devices of any kind that could disrupt the smooth running of our
Site, in particular through actions that place a disproportionate load on the Site.
You agree to defend and hold Lectra harmless (including for reasonable attorney fees)
against any demand or claim by a third party, caused or resulting from a violation by
you of these Terms of Use or of any document included herein by reference, or from a
violation by you of any law or of any right of said third parties.
ARTICLE 5: Personal data and privacy
The personal data requested from Users when registering (first and last names, city,
country, and email address) are essential to providing the services offered on https://elearning.lectra.com. They
allow for effective communication among Users and also allow us to verify that the User
is eligible to access the Site. You alone are responsible for your personal information;
the Site merely acts as a passive intermediary for putting it online.
You guarantee that the personal data transmitted are accurate and consistent with
reality.
The email address is never disseminated by the site. It is used by the Site for the sole
purpose of sending you information about the Site and its members.
Finally, Users can freely and spontaneously share personal (non-commercial) information
among themselves during their activities on the website and can also enter such
information in the support areas of the website (i.e. forums). You are fully liable for
these entries and exchanges and there is no obligation on our part. It is each person's
responsibility to withhold from the Site information that you wish to keep private.
The Site only uses your behavioral data (actions, content) in an anonymous manner, that
is, without using your name or email address; this is done strictly for internal
purposes (i.e., statistics) with the aim of improving our services.
None of the Users' personal information will be transmitted by Lectra outside of the https://elearning.lectra.com website.
In the event you unsubscribe from the Site (also notify us via the contact email address
available on each page of the website), we will do our utmost to ensure that your
personal and behavioral data are immediately deleted. Due to technical reasons, a
maximum period of 7 days may nevertheless be required. We keep certain information in
our system for the sole purpose of settling any dispute, resolving any problem and
enforcing our Terms of Use. Hence, for technical reasons or due to the backup of our
systems, personal data that concern you will remain in our databases after your request
for deletion, in compliance with the legal requirements in this field. These data,
however, will no longer be accessible online.
Any message exchanged by two members is known only to its sender and its recipient. When
a comment is posted to content on the website, it is visible to the members of the
Site.
Site Administrators do their utmost to protect the confidentiality of your personal data.
We cannot, however, guarantee that your private communications and other personal data
will not be made public in ways other than those mentioned here (by interception, due to
malice, etc.). We are also under obligation to respond to judicial and third-party
requests to enforce the law and various rights. You therefore authorize us to
communicate any information that concerns you to law enforcement or to the government if
we deem it necessary or appropriate based on an inquiry into fraud, infringement,
piracy, or any other illegal activity or an activity for which we could be liable.
You should always ensure that you have a "quality" password, in other words, one that is
sufficiently complex that other Users cannot guess it. Your identifiers, your password
in particular, should not be given to others, not even temporarily. If you lose it or in
the event of possible identity theft, please notify us immediately. By accepting these
TOU, you undertake to comply with these provisions, attitudes and precautions.
When you access the Site, you will have access to certain information concerning and/or
from other Users. By accepting our Terms of Use, you agree to use this information
solely for communications that relate directly to your activity on the Site or for any
other use to which the user concerned has expressly consented after having been duly
informed. You also guarantee other members their right to oppose, access and correct the
information you have about them.
This Site uses two cookies, which you can reject; this will have the consequences
described below:
• An essential cookie is used for the work session. You must authorize the
browser to use it in order to open new windows without having to reconnect each time.
The cookie is deleted when you disconnect or close the browser.
• The other cookie is not essential, but makes connecting to the Site easier
by having the browser memorize your user name. This prevents you from having to fill in
this field on your next visit. You can, however, reject that cookie without a problem.
All Site content, including (but not limited to) messages, posts and comments, are
covered by these Terms of Use.
ARTICLE 6: Responsabilities
Users acknowledge that they alone are responsible for the information published in their
profile, for the photos and videos they post, the messages they exchange, announcements
they provide, comments and other content they post on the site or exchange with other
Site members. Users are prohibited from posting, transmitting or sharing any content on
the Site if they are not the author thereof or do not have publication rights
thereto.
In this regard, your posts (content, messages):
• must not be false, inaccurate, deceptive or fraudulent, or involve the sale
of counterfeit or stolen objects
• must not infringe copyright, trademarks, patents, manufacturing, privacy,
or image rights, right of disclosure, intellectual property rights or other personal
rights
• must not contain content that is defamatory, slanderous, scurrilous,
unauthorized, abusive, malicious, vulgar, obscene, inciting violence, discriminatory,
inciting racial, ethnic or religious hatred or violence
• must not contain direct, indirect or disguised promotional/commercial
messages or content, spam, chain letters or any other abusive, unsolicited communication
• must not harass, threaten or intimidate a member of the site
• must not be construable as an attack on or contrary to good morals or
public order (inciting to commit crimes and offenses, spreading violent, offensive,
racist, revisionist messages, promoting war crimes and/or terrorism, pedophilia,
pornography or erotica, calling for murder or inciting suicide) or in general (this list
is not exhaustive)
• must not contain viruses, Trojan horses, worms, timebombs, cancelbots or
any other computer program aiming to damage or secretly intercept a computer system,
data or personal information
• must not incur the liability of Lectra for, in particular (but not limited
to) any post that may be inconsistent with the regulations in force
• must not contain elements of a political nature
whether in the form of texts, messages, photos or any other media or format available on
the Site.
"General" information is provided by Lectra for illustrative purposes and shall not
exempt the User from an additional and personalized analysis. Lectra cannot guarantee
that the information on its Site is accurate, complete or up to date. The User therefore
acknowledges taking sole responsibility for using this information.
As platform host, Enovation Solutions is not legally bound to a general obligation to
monitor the content transmitted or stored via the Site. The only inherent obligations as
host involve making means available to members allowing each of us to become informed of
the presence of any illegal content and the removal of any obviously illegal content as
soon as it has become aware of it. To notify us of illegal content, please send an email
to the website Administrator (contact email address available on each page of the
website).
A User who is the source of a post or a message is the only one responsible for the
content he or she makes available to other Users. The existence of information on the
Site can under no circumstances be interpreted as a guarantee by Lectra of the origin,
veracity or quality of the information posted.
The User unconditionally agrees that the Administrator can, without prior notice or
justification, move, modify or remove content that is incompatible with the TOU and
agrees that no damages shall be acknowledged following the deletion of content by the
Administrator or the exclusion of the User from the Site.
The user acknowledges being competent and having the technical means required to access
and use the Site.
Under no circumstances can Lectra be held liable, with regard to an action to establish
contractual liability, tortious liability or to any other action, for any damages,
direct or indirect, incidental or consequential or of any type whatsoever, or any
injury, especially of a financial or commercial nature, resulting from the use of its
website, https://elearning.lectra.com or of
any information obtained on this Site.
No guarantee is provided, either explicit or implicit.
Lectra strives to maintain the accessibility of this website, although it has no
obligation whatsoever to do so. Access to the website may be interrupted for maintenance
purposes, updates and for any other reason, especially of a technical nature.
The following elements are not guaranteed: anomalies, errors or bugs in the information,
content and service mechanisms on the website; website interruptions or breakdowns; the
website's compatibility with a particular configuration or piece of equipment.
Under no circumstances can Lectra be held liable for indirect and/or consequential,
foreseeable or unforeseeable damages (including loss of profits) arising from the
provision and/or use or the total or partial inability to use the services provided on
the website.
The website can be shut down and all the information loaded onto it can be deleted at our
discretion. No guarantee is provided concerning the continuity of the service offered or
the preservation of the data posted on https://elearning.lectra.com
ARTICLE 8: Intellectual property
The general structure of the website https://elearning.lectra.com
is the intellectual property of Lectra and it has use rights pertaining thereto. Any
representation and/or reproduction and/or partial or total exploitation of the content
and services offered by the https://elearning.lectra.com
website, by any process whatsoever, without prior written authorization by Lectra and/or
the respective authors of the content is strictly prohibited and may constitute an
infringement as defined by Articles L.334-2 et seq. of the French Intellectual Property
Code.
In particular, no site content (text, photographs, images, icons, sounds, videos,
software, databases, logos, etc.) can be used for commercial or advertising purposes.
Only one copy, reserved exclusively for the private use of the copier, is
authorized.
Access to the website does not confer any right to intellectual property rights in
relation to the https://elearning.lectra.com
website, which remains the exclusive property of Lectra.
Monitoring of information posted on https://elearning.lectra.com
takes place retrospectively, following a request for moderation by a User. Information
posing a problem is then modified or removed within 72 working hours.
An email address, lectra.university@lectra.com
is made available to each User on each page of the https://elearning.lectra.com website,
for notifying the Administrators that information or a post incompatible with the Terms
of Use may have been posted. If a user decides to use this service, the Site
Administrators will act as moderators. After checking the post involved, it will
eventually be modified or deleted. An email will then be sent to the author of the post
to inform him/her that the post was non-compliant and of the decision taken by the
Administrators. He or she will also be warned of the potential suspension or removal of
his or her account on https://elearning.lectra.com.
Any modification or removal on https://elearning.lectra.com
can be done without a need for justification by Lectra
By registering on https://elearning.lectra.com, you
automatically agree that Users can make comments on your posts, comments that you may
sometimes consider unwelcome or erroneous. In such a case, please contact us by email
explaining the situation; a short investigation may be conducted, which may (or may not)
end in the removal of the comments in question from https://elearning.lectra.com and/or
from your post. In each of these cases, you agree not to take any action against us
related to these comments and our eventual action of removal, suspension or elimination
of account. You acknowledge and accept that we cannot control such comments and posts,
and that we cannot conduct "in-depth" investigations in practice.
Without excluding other remedies, we reserve the right to give you warnings, to suspend
your registration and/or cancel it in the following cases: if you fail to comply with
these Terms of Use; if we cannot verify or authenticate information you post or provide
to us, and you do not respond to our request for authentication; or if we think that
your behavior may result in you, us or/and any other users of the https://elearning.lectra.com website
being held liable for it.
In the event https://elearning.lectra.com
contains hyperlinks to websites edited and/or managed by third parties, and considering
that the https://elearning.lectra.com
Administrators exercise no control over these external resources, the User acknowledges
that Lectra assumes no responsibility related to the availability of these resources,
and cannot be held liable for their content or the quality of these links. It is the
responsibility of each user to find the information sources best suited to his or her
needs, and in some cases, these sources should be official (text of laws, etc.). Lectra
shall not be held liable for the information, content, services, availability, or
software of sites connected by hyperlink to the https://elearning.lectra.com
website.
It is possible to create a link to the Site's home page without our express
authorization. Lectra may not request in advance information or authorization with
regard to a website wanting to establish a link to our website. It is advisable to view
this website in a new browser window. We do, however, reserve the right to request that
a link be deleted if we deem it incompatible with the purpose of our website https://elearning.lectra.com
ARTICLE 11: Force majeure
With regard to the https://elearning.lectra.com website,
Lectra may not under any circumstances be held liable in the event of force majeure or
acts beyond its control, in particular the occurrence of an outside event that is
unavoidable and unpredictable (earthquake, etc.).
By nature, the site is available 24/7 except in the event of interruption, scheduled or
otherwise, for maintenance or in case of force majeure. The administrators shall not be
held responsible for any damages, regardless of their nature, resulting from the website
being unavailable or closed.
It is up to the Users to ensure their data is preserved.
Cases of force majeure shall include, in particular and in addition to cases recognized
in case law, all natural catastrophes, all acts of war, disturbances to the public
order, epidemics, fires, floods and other disasters, any government acts, any strikes,
lock-outs as well as any electrical and technical problems external to the parties and
preventing communications.
ARTICLE 12: Modification and evolution of the TOU
Lectra reserves the right to modify these terms of use at any time and without notice, in
order to adapt them to the evolution of the site and/or its operation. The changes made
to the Terms of Use shall be immediately binding on the Users. Lectra will inform the
Users of these changes by email.
Each User is invited to regularly consult these TOU to become familiar with any changes.
Continued use of the Site as the terms of use are modified implies that the User accepts
the current Terms of Use.
ARTICLE 13: Applicable law
Both this site and the terms and conditions of its use are governed by French law,
regardless of the place where they are being used. They fall under the sole jurisdiction
of the Paris Commercial Court [Tribunal de Commerce de Paris], France.
ARTICLE 14: Other information - miscellaneous
In the event that one or more of the terms in these Terms of Use are deemed, by legal
decision, to be illegal, non-binding or inapplicable, the other articles of the TOU will
potentially remain in force.
For any question related to these Terms of Use, please contact privacy@lectra.com.