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Totara : Terms Of Use

Totara : Terms Of Use - CGU
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TERMS OF USE

You must read our TOU and accept them before using the https://elearning.lectra.com website.

ARTICLE 1: Purpose

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.

ARTICLE 2: Legal

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.

ARTICLE 3: Définitions

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.

ARTICLE 7: Guarantees

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.

ARTICLE 9: Moderation

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.

ARTICLE 10: Hyperlinks

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.

Revision: November 2016

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