SUBJECT
The present general conditions of sale (hereafter the "GTC") apply to all the offers of E-Learning training of NEOMA BUSINESS marketed under the name NEOMA ONLINE relating to orders placed with NEOMA BUSINESS SCHOOL on the NEOMA ONLINE platform by any customer (hereafter "the Customer"). The fact of placing order implies the whole adhesion and without reserve of the Customer to the present GTC. The present GTC have a conventional value between the Parties.
E-LEARNING COURSES
Description of the offer
E-learning courses are courses delivered by a platform and accessible remotely via the Internet. For all E-learning courses, NEOMA ONLINE agrees to the Customer:
- the opening of a secure access account to the ONLINE.NEOMA-BS.fr platform, for the benefit of the end user (the User), defined as any physical person holding a user login account allowing access to the training modules for a period of 12 months (depending on the duration chosen by the customer), from the date of first connection to a module, at the end of which period access will be automatically deactivated;
- the right to access the training modules purchased by the Customer;
- the option for the User to obtain an assessment during their training course and a virtual badge confirming that they have passed this assessment.
Pre-testing and technical prerequisites
The ONLINE.NEOMA-BS.fr platform is accessible via a web browser and requires a sufficient Internet access speed to view the training modules. The Customer can carry out a preliminary test, "only in the Digital literacy of Disruptive Innovations course", by clicking on "start free of charge" in order to explore essential subjects that promote positive change in society and to ensure the compatibility of their technical environment with the NEOMA ONLINE platform and content. Consequently, the Customer will not be able to claim incompatibility with the platform or lack of access to the module(s).
Access to the module(s)
For any registration, NEOMA ONLINE will create an identifier and a password to secure access to the module(s) selected by the Customer.
Unless otherwise stipulated, an invoice is established and sent to the Customer as soon as the module(s) is (are) purchased online.
Duration of access to the module(s)
The rights to use the module(s) accessible on the NEOMA ONLINE platform are granted for a period of 12 months (depending on the duration chosen by the customer) from the date of first connection to a module, at the end of which time access will be deactivated.
REGISTRATION, INVOICING AND FINANCIAL CONDITIONS
Financial conditions
Payment of the course fee must be made on enrolment, in cash, without discount, to NEOMA BUSINESS SCHOOL. All prices include VAT.
NEOMA BUSINESS SCHOOL reserves the right to modify its prices at any time but the products ordered will be invoiced at the price in force when the order is registered.
No discount will be granted for early payment.
Ordering
Customers confirm their order by clicking on the "Confirm your order" link at the bottom of the "Order summary" page, after having accepted these terms and conditions of sale. Before this validation, the customer is systematically offered to check each of the elements of his order; he can thus correct any errors.
NEOMA BUSINESS SCHOOL confirms the order by e-mail; this information includes all the elements of the order.
The data recorded by the company NEOMA BUSINESS SCHOOL constitute proof of the nature, content and date of the order. The latter is archived by NEOMA BUSINESS SCHOOL under the conditions and within the legal deadlines; the customer can access this archiving by contacting the Customer Relations department.
Order confirmation
A confirmation e-mail will be sent with the purchase invoice.
Terms of payment
Orders can be paid for online via PayPal or credit card. The card is debited when the order is placed. For all remote payments, no banking information concerning the Customer is transmitted via the www.online.neoma-bs.fr website. The Customer's order is recorded and validated as soon as payment has been accepted by the banking services of the partner banks, namely Société Générale.
Withdrawal period
NEOMA ONLINE's E-learning offer is materialised in the form of digital content not supplied on a material support and for which the Customer wishes to have immediate access. Consequently, and in accordance with article L.121-21-8, 13° of the Consumer Code, the Customer expressly renounces the right to retract.
Perimeter of Users
The rights to use the module(s) are granted solely to the Customer who signs the order form.
Characteristics of the e-learning module(s)
Unless there are specific conditions, each training module is described and priced in the NEOMA ONLINE E-Learning Catalogue available on the NEOMA ONLINE website. The duration of the course is given for information only.
NEOMA ONLINE reserves the right to modify the training module(s) offered on its platform, as much in their general organisation, as in their nature and content, without this modification giving the Client the right to compensation. NEOMA ONLINE can provide, at the request of the Customer, all computerised proof of registration and follow-up of the distance learning carried out, as well as the results of the proposed evaluations.
Guarantees
NEOMA ONLINE undertakes to do everything in its power to allow access to its platform, from Monday to Friday, from 9am to 5pm, for the duration of the rights of use of the module(s), except in the event of a breakdown or technical constraints linked to the specificities of the Internet network.
The Client undertakes to inform NEOMA ONLINE within 24 hours of discovering a technical malfunction.
NEOMA ONLINE will do its best to ensure that the LMS platform functions reliably and continuously. However, the Customer acknowledges that no one can guarantee the proper functioning of the internet network. In the event of an interruption of service by NEOMA ONLINE due to corrective maintenance, NEOMA ONLINE will make every effort to remedy the malfunction within 24 hours. After this period, NEOMA ONLINE will extend the access of the module(s) to the benefit of the Users for a period corresponding to that of the unavailability.
Technical assistance
For any malfunction or problem linked to the use of the platform, NEOMA ONLINE provides the User with technical assistance accessible throughout the duration of the training course by e-mail. NEOMA ONLINE undertakes to answer participants' questions concerning the use or possible malfunctions of the platform within 24 hours from Monday to Friday, excluding public holidays.
Technical assistance is intended to identify the malfunction and, depending on the difficulty encountered, either to provide an immediate response, or to specify the time within which the response will be given. If the fault is NEOMA ONLINE's responsibility and subject to compliance by the Client with the recommended conditions of use, NEOMA ONLINE undertakes to do everything in its power to resolve the problem or to provide an acceptable solution as soon as possible.
Cookies
NEOMA ONLINE informs each user that a cookie, which is a block of data allowing NEOMA ONLINE to identify the User and used to record information essential to his navigation on the NEOMA ONLINE platform, may be automatically installed on his navigation software. The configuration of the navigation software allows the User to be informed of the presence of the cookie and to refuse it if necessary.
The cookie installed only contains the User's identifier and does not allow third party sites to identify the User.
Limitation of liability of NEOMA BUSINESS SCHOOL
The responsibility of NEOMA BUSINESS SCHOOL cannot in any case be committed for any technical failure of the material, any bad use of the E-learning module(s) of formation by the Users or any cause foreign to NEOMA ONLINE. The responsibility of NEOMA BUSINESS SCHOOL is expressly limited to the repair of direct damage proven by the Customer. The responsibility of NEOMA BUSINESS SCHOOL is limited to the amount of the price paid by the customer for the service concerned. In any event, the responsibility of NEOMA BUSINESS SCHOOL can not be held liable for indirect damages such as loss of data, file(s), operating loss, commercial loss, lost profits, damage to image and reputation.
GENERAL PROVISIONS
Contractual documents
As soon as payment is received, a professional training invoice, which serves as a simplified agreement, is sent to the customer. An agreement drawn up in accordance with articles L.6353-1 and L.6353-2 of the French Labour Code may be sent to the person responsible for registration on request. A follow-up certificate for each participant, signed by the participant and the trainer, can also be provided on request.
Force majeure
NEOMA BUSINESS SCHOOL cannot be held responsible towards the Customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the French Courts and Tribunals and without this list being restrictive: the illness or accident of a trainer or a training leader, strikes or social conflicts internal or external to NEOMA BUSINESS SCHOOL, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control of NEOMA BUSINESS SCHOOL.
Intellectual property
The courses made available to the Customer remain the exclusive property of NEOMA BUSINESS SCHOOL under copyright law. They may not be copied, transmitted or distributed. They are only made available to the Customer for his/her own personal use. Their reproduction, modification, translation and/or adaptation, in whole or in part, for any use other than private use, is strictly prohibited under penalty of prosecution in accordance with the provisions of articles L335-2 et seq. of the French Intellectual Property Code.
Right of personal use
The login and password are sensitive, strictly personal and confidential information, and are the sole responsibility of the Customer. As such, they can not be transferred, resold or shared.
The Customer guarantees NEOMA BUSINESS SCHOOL of the execution of this clause by any User and will answer for any fraudulent or abusive use of the access codes. The Customer will inform NEOMA ONLINE without delay of the loss or theft of the access codes. In case of violation of the clause of inalienability or sharing of access keys, NEOMA BUSINESS SCHOOL reserves the right to suspend the service, without compensation, notice, or prior information.
Protection of personal data
The Customer's personal data is used within the strict framework of registration, execution and follow-up of his/her training by the NEOMA ONLINE services in charge of processing. This data is necessary for the execution of the training in application of article L.6353-9 of the French Labour Code and the associated NEOMA ONLINE services, including access to the e-Learning platform. They are kept for the legal period of prescription of administrative and financial controls applicable to training actions. In application of the regulations on the protection of personal data, the Customer benefits from a right of access, rectification, limitation of processing as well as a right of opposition and portability of its data if this is applicable, which can be exercised by contacting .
The Customer also has the right to lodge a complaint with a supervisory authority if necessary. For the needs of access to the platform ONLINE.NEOMA-BS.FR, the Customer's data is hosted by the company PLANETHOSTER (hosting server located in Switzerland and France). As the person in charge of processing the files of its personnel, NEOMA ONLINE undertakes to inform each User that personal data concerning them is collected and processed by NEOMA ONLINE for the purposes of carrying out and monitoring the training under the conditions defined above. NEOMA ONLINE's policy on the protection of personal data is available on the website https://neoma-bs.fr/politique-generale-de-confidentialite-et-de-protection-des-donnees-a-caractere-personnel/.
Applicable law - Jurisdiction
The present general conditions are governed by French law. If any dispute or litigation cannot be settled amicably between NEOMA ONLINE and the Customer, the Commercial Court of Paris will have sole jurisdiction to settle the dispute.
