TERMS & CONDITIONS OF USE
The solution (hereinafter the “Solution") is offered by:
A simplified joint-stock company of type SAS with a capital of €37,500
With registered office at 9 rue Letellier 75015 Paris, France
Listed with the Trade & Companies Register of Paris under number 837 640 333
Phone: 09 87 10 10 14
Legal representative: Maxime Kouchnir
Director of publication: Maxime Kouchnir
Host: Always Data, 91 rue du Faubourg Saint-Honoré 75008 Paris, France
Hereafter the “Company”
Any use of the Solution implies full and complete acceptance of these General Terms & Conditions of Use (hereinafter the "T&C")
The T&C applicable are those in force on the date of use of the Solution.
The Company reserves the right to modify, at any time, these T&C and therefore suggests that Users refer to them regularly.
These T&C are the property of the Company and form an integral part of the licence contract signed by the Establishment to which Users are associated.
The term "Users" refers to Establishment managers, mentors, teachers and students, with mentors designated by the Establishment .
The Agreement is concluded for the entire duration of the agreement with the Establishment.
ARTICLE 1 PURPOSE
ARTICLE 2 CONDITIONS OF ACCESS AND REGISTRATION
To access the Solution, the Establishment must have signed a licensing agreement with Fastlane Education. The Solution can be accessed by any User with an internet connection (cost thereof borne by the User).
2.1 Procedures for the creation of a User account by the Establishment Manager
Access to the Solution requires a subscription and is open to any User with an internet connection (cost thereof borne by the User).
The School Manager guarantees the truthfulness of all and any information s/he provides at the time of registration and undertakes to update this information should it change during the period of registration.
The School Manager is reminded that registration to the Solution is reserved for educational use and that s/he can only have one account.
In order to create an account, the School Manager formally accepts these T&C and provides the following information:
- Family name;
- First name;
- Work phone number;
- Password (a certain level of password security must be met).
- Name and address of the Establishment concerned;
- Educational sector of the Establishment concerned
If accessing the Solution via a Resources Access Manager or an ENT (i.e., the Digital Workspaces project run by the Ministry of Education in France) , the School Manager will not be required to enter a password.
2.2 Access to the Solution by mentors
An Establishment Manager can decide to grant a mentor access to the Solution.
In such case, the School Manager enters the following info about the mentor:
- Family name
- First name
The mentor then creates his/her own password (a certain level of password security must be met).
If accessing the Solution via a Resources Access Manager or an ENT, the teacher simply accesses the Solution without being required to provide any specific information.
2.3 Conditions of access to the Solution by students
The Establishment Manager and mentors can grant the student access to the Solution.
Either as part of the Resources Access Manager, via their ENT
or via direct access (i.e., outside Resources Access Manager); in such case, the mentor provides the Establishment with a password.
ARTICLE 3 FEATURES OF THE SOLUTION
The Solution can be used by mentors to create challenges for their students.
The students access a webapp via computer, tablet or smartphone with an Internet connection, allowing them to progress collectively through an educational course.
The course is divided into 5 worlds and 20 chapters, progressively activated by the mentor, via an online area to which only the mentors and the School Manager have access.
Some chapters offer interactive activities, and the students, in groups, will progressively produce a business plan that can be downloaded at the end of the experience.
They will also have access to online mentoring, under the supervision of their mentor.
The experience is a mixture of classroom and home-based mentoring, and can last from a few days to several months, depending on the choices of the mentors and the Establishment manager.
Mentors have access to an ‘Establishment’ online area, where they can:
- consult a complete course in "sandbox" mode
- create challenges and manage their upgrade
- see the challenges created by others.
- interact with other mentors within the challenges
- see the activity of students and groups within challenges, track their progress, award badges, export challenge data and, at the end of a challenge, issue a certificate to students.
Mentors and students have access to educational resources.
ARTICLE 4 PERSONAL DATA
The Company hereby informs Users that their data is saved and processed, in compliance with the provisions of the French Data Protection Act of 6 January 1978 as amended and with Regulation (EU) 2016/679 of 27 April 2016, enabling the Company to offer Users the various features available from the Solution.
Data is collected on the Solution by the Company in the following cases:
- a User is browsing the Solution;
- an Establishment Manager creates an account, and grants a mentor access to the Solution;
- The completion of a challenge and its business plan.
Under these T&C, Users accept and acknowledge that the Company will collect personal data for the following purposes:
- to create an account enabling the School Manager to grant mentors access to the Solution;
- to create a mentor account used by that mentor to access the Solution;
The Company will also collect production data:
- A business plan about the project selected by the students, containing text and images;
- The names of the challenges and the projects comprising them;
- Badges obtained or awarded by the students
- Missions successfully completed by the students;
- Progress made by students along the educational pathway.
Users have the right to access, rectify, delete and transfer data concerning them. Users also have the right to object to, or limit, the processing of data concerning them, as well as the the right to provide instructions about the fate of their data in the event of death.
These rights may be exercised at any time by simply contacting the Company at the address given at the top of this document. In addition, the User may also lodge a complaint with the CNIL ( https://www.cnil.fr).
In all events, any data furnished by a User is only kept for the duration of that User’s registration on the Solution.
The Company will take all appropriate measures to guarantee the security and confidentiality of the personal data processed.
Users are informed that their data will be hosted in the European Union.
The legal basis for the processing is the consent of the Users. The data is not transmitted to third parties, with the exception of technical subcontractors.
ARTICLE 5 INTELLECTUAL PROPERTY
The Solution is the exclusive property of the Company.
The Company is the owner of all intellectual property rights relating to the Solution and, in particular, of all graphics, sounds, textual and software elements, including the underlying technology, or of any other nature, comprising the Solution.
Any reproduction of any element of the Solution by a User without the Company's authorisation constitutes an act of infringement liable to result in criminal and civil proceedings.
Users undertake not to use, for any reason whatsoever, the content or information contained in the Solution.
The Solution includes a database of resources and activities made available to Users by the Company which has taken the initiative and the risk of the related investments.
The Solution includes a database of resources and activities made available to Users by the Company which has taken the initiative and the risk of the related investments.
- the extraction, by permanent or temporary transfer of all, or a qualitatively or quantitatively substantial part of the contents, of the database onto another medium, by any means and in any form whatsoever;
- the re-use, by making available to the public all, or a qualitatively or quantitatively substantial part of, the contents of the database in any form whatsoever; and
- the repeated extraction or reuse of the contents of the database when these operations manifestly exceed the normal conditions of use of the database.
ARTICLE 6 OBLIGATIONS
6.1 User Obligations
It is specified that access to User Accounts is secured so as to permanently protect, from third parties not authorised to access it, all any any User data that could circulate through the systems when using the Solution.
Users are informed that the identifiers used to access their account are personal and confidential and that they must not be communicated to third parties.
Users bear full and sole responsibility for the safeguard of these identifiers, and the User shall bear all and any consequences that may result if these identifiers were used by third parties. The Company shall not be liable for any loss or damage arising from a User's failure to comply with these requirements.
In the event of loss or theft of his/her identifiers, the User undertakes to change his/her password or to request new identifiers via the procedure set up by the Company enabling Users to get new identifiers as soon as possible.
Users guarantee that all the information provided at the time of registration to the Solution, in particular relating to identity and contact details, is correct and they undertake to update this information without delay if doing so be necessary.
Users undertake, when using the Solution, to provide accurate and sincere information.
In a general manner, Users guarantee the truthfulness of all information they provide.
Using the Solution
Users undertake to use the Solution solely for the purposes set out in these T&C and in strict compliance with technical and security standards.
Users bear full and sole responsibility for opinions that they publish and/or to which they react.
Users accept that the Company can remove any content that does not comply with these requirements.
The User also undertakes to notify the Company, without delay, of any anomaly concerning the use of the Solution, by sending an email to: firstname.lastname@example.org
Backup, security and confidentiality of data
Users bear full and sole responsibility for the complete and regular backing-up of their data. Users undertake to back up their data and to ensure the security and confidentiality of this data.
6.2 Obligations of the Company
The Company undertakes to take reasonable measures to ensure that the Solution is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, with the exception of cases of force majeure, technical and/or computer and/or telecommunications difficulties and/or maintenance periods (and in particular updates).
The Company shall not be held responsible for any unavailability of the Solution caused by a User's Internet connection or by a User’s hardware or by maintenance operations required to ensure the proper functioning of the Solution.
The Company reserves the right to interrupt, immediately and without notice, access to the Solution by all Users and/or access by a given User for the following reasons:
- To carry out a technical intervention or maintenance; Insofar as possible, the Company will inform the User in advance of such events.
- The Company has received an instruction to do so from a competent, administrative, arbitral or judicial authority, in accordance with the applicable laws or by a third party, and in particular, in accordance with the Law for Trust in the Digital Economy promulgated 21 June 2004.
- In the event where the Solution is being used in a manner contrary to the present.
The User accepts that such suspension may lead to the deactivation and deletion of an Account or a password as well as the deletion of access to an Account and the deletion of the associated Content.
Confidentiality and security of access
In general, the Company undertakes to implement all technical means, in accordance with the state of the art, to maintain the integrity, security and confidentiality of access to the Solution.
Upgrading features of the Solution
The Company reserves the right to make changes to the presentation, operation or features of the Solution at any time, without prior notice.
The Company shall host the Solution in conditions of security of access and premises in accordance with the rules of the art.
The Company shall ensure the progressive and corrective maintenance of the Solution so as to ensure its continuity and availability as part of an obligation of means.
The benefits ensuing from any updates developed by the Company shall be automatically pushed to the corresponding version used by a given User.
The Company shall not be held responsible for any incompatibility of the Solution with a User's hardware or software.
Likewise, the Company shall not be held responsible for the unavailability of the Solution on any hardware or software for which the Solution is not up-to-date.
The Company does not guarantee that the features of the Solution will be adequate for any particular use intended by the User. Thus, it shall be up to the User to check in advance that a Solution and its miscellaneous features actually meet that User’s needs.
ARTICLE 7 LIABILITY
The Company is only bound by an obligation of means with regard to the undertakings contained herein.
The User is alerted as to the technical hazards inherent in the Internet and of potential interruptions in access. Consequently, the Company shall not be held liable in any way for any unavailability or slowness of the Solution.
The Company is unable to guarantee the continuity of the Solution executed remotely via the Internet, and this the User acknowledges.
The Parties expressly agree that the Company shall not be held liable for any interruptions to the Solution nor for any damage related caused by:
- a decision taken by the authorities or by a force majeure as defined by Article 1218 of the Civil Code and by French case law. The term “Force majeure” comprises, but is not limited to: wars, natural disasters (flood, earthquake, storm, particularly severe weather conditions), uprisings;
- an interruption in the supply of electricity or transmission lines due to public or private operators;
- abnormal or fraudulent use by the User or by third parties requiring the Solution to be stopped for security reasons;
- an intrusion or fraudulent maintenance of a third party inside the system, or the illicit extraction of data, despite the implementation of security measures in accordance with current technical data, with the Company only bound by an obligation of means with regard to known security techniques;
- the nature and content of the information and data created, transferred and/or communicated by the User. More generally, the Company shall not, under any circumstances, be held liable for data, information, results or analyses originating from a third party, transmitted or received through the use of the Solution that infringe the rights of third parties or that violate in any way whatsoever the legislation in force;
- loss or delay in the delivery of information and data, when the Company is not the cause of this delay;
- the operation of the Internet or of telephone/cable networks granting access to the Internet where the Company played not part in the implementation of same;
- a failure of the hosting servers.
In a general manner, the Company shall not be liable for any indirect damages or losses, loss of profit or anticipated savings, loss of revenue, loss of image, damage not resulting directly and exclusively from a failure-detection of the Solution, or from recourse by third parties.
The Company's role is limited to that of a host within the meaning of Article 6 of the Law for Trust in the Digital Economy (LCEN) of 21 June 2004.
In order to facilitate the reporting of Content likely to contravene these T&C, the Company provides Users with a procedure for reporting illicit Content. The User may report illicit Content by simply contacting the Company at the following address: email@example.com
In a general manner, the Company shall not be held liable for damages of any kind, direct or indirect, resulting from the use of the Solution by the User.
The User shall be solely responsible for damage of any kind, material or immaterial, direct or indirect, caused to any third party, including the Company, as a result of the use or illicit exploitation of the Solution, regardless of the cause and place of occurrence of such damage.
The User shall hold the Company harmless for and against any consequences, claims or actions to which the Company may be subject as a result. The User waives any recourse against the Company in the event of legal proceedings brought against that User by a third party as a result of the illicit use or exploitation of the Solution.
ARTICLE 8 DELETION OF AN ACCOUNT HELD BY AN ESTABLISHMENT MANAGER
A User may delete his/her Account at any time.
S/he does this by sending an email to this effect to: firstname.lastname@example.org, also providing information to identify the account.
Once a given User has unsubscribed, the Company will delete the User's personal identification data.
However, the User is informed that the notices s/he has published via the Solution will remain online and will not be deleted, unless the User expressly requests it.
ARTICLE 9 WAIVER AND TOLERANCE
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties to the Solution of all or part of the commitments provided for in these T&C, whatever the frequency and duration, shall not constitute a modification of this agreement, nor generate any rights whatsoever.
ARTICLE 10 COMPLETENESS
These T&C express the entirety of the obligations of the Parties with respect to the use of the Solution.
ARTICLE 11 APPLICABLE LAW AND COMPETENT COURTS
These T&C are subject to French law.
In addition, the language of these T&C is French. In the event that the T&C are translated into other foreign languages, only the French version shall be deemed authentic.
In the event of a dispute arising between the Parties as a result of the execution or interpretation of this agreement, the Parties undertake to submit to the amicable procedure defined below, prior to any referral to the competent Court.
With a view to finding a joint solution to any dispute that may arise in the performance of this agreement, the User agrees to contact the Company beforehand at the address given at the top of this document.
The User shall state the reason(s) for his/her complaint, and shall submit supporting documents. The Company undertakes to respond to the User as soon as possible in order to find an amicable solution.
If, at the end of a period of thirty (30) days from the Company's reply, the Parties are unable to reach a compromise or a solution, the dispute shall be submitted to the competent courts.