TERMS AND CONDITIONS OF USE
PREAMBLE
The present General Terms and Conditions of Use ("GTCU") are drawn up by the company NEO Cyber Camp, registered under the number SIREN 984722884 with the RCS of Paris, having its registered office and management address at 231 rue Saint Honoré, 75001 PARIS, represented by Mr Maximilien VOHNOUT (hereinafter referred to as the "Company").
The Company is the owner of the https://www.neocc.co/ website (hereinafter the "Site") and the NEO Cyber Camp platform available from the Site at https://neocc.co and https://app.neocc.co and/or mo- bile application (the "Platform").
The aforementioned Platform provides access to services offered by the Company, including cyber-security training.
These GCU apply to all use of the Site by Internet users (hereinafter the "User") and to all provision of Services accessible via the Platform.
These GCU form an integral part of the contract (the "Contract") between the Company and the User who has entered into a contractual relationship with the Company for the latter's provision of services (the "Customer" - the natural or legal person for whom the service is provided).
Prior to any use of the Site and/or Platform, the User/Customer acknowledges :
• have read and understood these Terms of Use as well as the Site's Privacy Policy and Legal Notice;
• have the legal capacity and authority to enter into commitments under these GCU;
• unreservedly accept these GCU.
ANY USE WHATSOEVER OF THE SITE AND PLATFORM IMPLIES UNRESERVED ACCEPTANCE BY THE USER/CUSTOMER OF THESE GENERAL TERMS OF USE (GTCU), WHICH PREVAIL OVER ANY OTHER DOCUMENT.
Object
The purpose of these GCU is to define the conditions of use of the Site and the conditions under which the Company offers its Services to the Customer via the Platform.
General provisions
The Company reserves the right to modify these GCU at any time. In this case, the conditions applicable to the User will be those appearing on the Site, and the GGU applicable to the Customer will be those in force on the date of acceptance of the GGU when the Customer subscribes to the Services.
The User/Customer therefore undertakes to read these GCU carefully when accessing the Site and Platform, and is invited to download, print and retain a copy.
The latest version of these GCU, as adopted by the Company, is available at the bottom of the Site and on the Platform by means of a hypertext link, and may be consulted at any time.
In the event of modification of the present terms and conditions during the course of the relationship with the Customer, the Customer will be informed by means of an information e-mail containing the new GCU and the date from which the new GCU will apply.
3. Service features
The Services offered by the Company are training courses on various subjects related to Cybersecurity, delivered entirely online, enabling customers to manage their own learning pace.
Training courses - courses, tutorials, practical work, validation of RNCP skills blocks, etc. - can be subscribed to via the Site. To this end, the User must complete a form enabling the Company to identify his or her needs.
Once the subscription has been confirmed by the Company, the training courses are available on the Platform.
4. Site access and Platform technical specifications
The Site and Platform are primarily intended for the public based in France.
The use of the services offered by the Company is reserved for the public of legal age and for natural or legal persons who have the capacity to enter into a contract.
The Platform offers online Cybersecurity training courses aimed at: full-time students, work-study students, people undergoing retraining, companies wishing to enhance the skills of their employees, and anyone wishing to develop their Cybersecurity skills.
The Platform is owned, managed and administered by the Company. The Platform is hosted by Scaleway, whose servers are located in Europe.
By using the Platform, the User acknowledges that he/she has the necessary means and skills to use the functionalities offered on the Platform.
The equipment required to access and use the Platform is at the User's expense, as are any telecommunications costs incurred by its use.
The User agrees to comply with the technical specifications relating to the deposit or insertion of content on the Platform.
5. Platform acess
5.1 Creating a customer account
Any Customer wishing to use the Platform must create a customer area - personal account. A personal account must be created by each user of the Platform and remains individual for the user in question.
To create an account, the user is asked to provide all the required information and to create his Identifiers.
Customers and users undertake to provide the Company with accurate, fair and up-to-date information, which does not infringe the rights of third parties in any way whatsoever, and to notify the Company of any necessary updates to the information provided at the time of registration.
Finally, all Customers must accept the present GCU before finalizing their registration.
The Customer undertakes to create a single account on the Platform. The Company declines all responsibility for any harmful consequences that may result from the use of multiple accounts for a single Customer.
When the Customer subscribing to the Services is a legal entity subscribing on behalf of third parties, it creates a customer account, and its users must open individual customer sub-accounts.
The Platform User is entirely responsible for the accuracy and updating of the data communicated when opening and managing his/her account.
5.2. Use of identifiers
The Customer is solely responsible for the use of his Identifiers or actions taken through his account.
Should a Customer disclose or use his/her Identifiers in a manner contrary to their intended purpose, the Company may, at its discretion (i) restrict or suspend the Customer's access to the Platform, (ii) temporarily ban the Customer from accessing the Platform or (iii) permanently delete the account without notice or compensation, without prejudice to any civil or criminal liability action that the Company may bring against the Customer.
Under no circumstances may the Company be held liable for any usurpation of a Customer's identity.
All access and actions carried out from a Customer's account will be presumed to have been carried out by that Customer, insofar as the Company is not obliged and does not have the technical means to ensure the identity of persons accessing the Platform from an account.
Any loss, misappropriation or unauthorized use of a customer's Identifiers and their consequences are the sole responsibility of the customer, who is required to notify the Company without delay by opening a ticket on the following link: https://neocc.co/support.
5.3. Closing the account
The customer may close his account at any time using the appropriate tab in his profile, provided he has no outstanding contracts.
In such a case, the Company will deactivate the account as soon as possible and send the Customer an e-mail confirming the closure of the account and the definitive deletion of all elements on thePlatform.
6. Price and terms
The training courses offered by the Company are tailored to the Customer's requirements.
7. Payment
Payment for Services is made in accordance with the agreed terms and conditions and after issue of the corresponding invoice.
8. Duration
The duration of each Service depends on the specific terms and conditions of the training course(s) ordered.
9. Obligation of the Parties
9.1 Company obligations
The Company undertakes to carry out the Services specified in Article 3, in accordance with the condi tions set out in these GCU and/or the Contract.
The Company will use its best efforts to provide Customers with content/training tailored to their specific needs as expressed by the Customer.
The Company's general obligation is an obligation of means. The Company has no obligation of result or reinforced means of any kind. Under no circumstances does the Company guarantee the Customer success in competitive examinations, interviews or other events.
The Company undertakes to do everything in its power to ensure continuity of access to and use of the Platform 7 days a week, 24 hours a day.
However, the Company wishes to draw the attention of Users and Customers to the fact that current Internet communication protocols cannot guarantee the certainty and continuity of the transmission of electronic exchanges (messages, documents, identity of sender or recipient).
9.2. Obligations of Users/Customers
When using the Platform, each User/Customer undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GCU.
Each User/Customer is obliged to :
- Behave in a fair and reasonable manner towards the Company and third parties;
- Be honest and sincere in the information provided to the Company and, where applicable, to other persons likely to receive information concerning him;
- Use the Platform in accordance with its purpose as described in these GCU;
- Not to entrust his login and password giving access to his account on the Platform to third
parties;
- Not to divert the purpose of the Platform to commit crimes, offences or contraventions punishable by the Penal Code or by any other legal or regulatory provision;
- Respect the Company's intellectual property rights relating to the elements of the Platform;
- Not to seek to undermine, within the meaning of Articles 323-1 et seq. of the French Penal Code, the automated data processing systems implemented on the Platform, in particular through practices such as web-scraping;
- Do not modify the information put online by the Company;
- Not to disseminate data that would diminish, disorganize, slow down or interrupt the normal operation of the Platform.
10. LIMITATION OF LIABILITY AND FORCE MAJEURE
10.1. Limitation of liability
The Company declines all responsibility in particular:
- In the event of temporary inaccessibility of the Platform for technical maintenance or updating of published information. Users/Customers acknowledge that the Company may not be held liable in the event of malfunctions or interruptions of said transmission networks;
- In the event of virus attacks or unlawful intrusion into an automated data processing system;
- In the event of abnormal use or illicit exploitation of the Platform by a User/Customer or a third party;
- With regard to the content of third-party websites to which hypertext links on the Platform refer, where applicable;
- In the event of non-compliance with these GCU attributable to Users/Customers ;
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 10.2 hereof;
- In the event of an external cause not attributable to the Company ;
The Company provides Users/Customers with material for educational purposes. Users/Customers undertake to use said material in accordance with the law. In the event of abnormal use, use that does not comply with the law, use that is contrary to the objectives of the relationship, or illegal use of the Site and/or Platform, the User/Customer shall be solely liable for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.
In the event of improper performance of the Services by the Company, the latter may only be held liable for direct, personal and certain loss arising from said improper performance. In any event, the loss that the Company is likely to cover in such a case cannot exceed the amount corresponding to the services already performed by the Company and paid for by the Customer.
10.2. FORCE MAJEURE
The Company may not be held liable if the non-performance or delay in performance of any of its obligations described in these GCU is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the GCU were concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the GCU. If the impediment is definitive, the GCU shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In the event of a force majeure event, the Company will endeavour to inform the User/Customer assoon as possible.
11. Intellectual property
All elements of the Site, the Platform, the GCU, the training materials and this whatever the form (paper, digital, electronic or other) are and remain the exclusive intellectual property of the Company.
These elements of intellectual or industrial property are made available to Users and Customers solely as part of their use of the Site and/or Platform.
Any reproduction, exploitation, redistribution or use, in whole or in part, of these elements is strictly forbidden and constitutes an infringement of copyright. The Customer undertakes not to use, transmit or reproduce all or part of these documents.
The User acknowledges the Operator's intellectual property rights over the Platform, its components and related content, and waives any right to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Platform, with the exception of content published, where applicable, by Customers, are the exclusive intellectual property of the Company and may not be reproduced, used or represented without the Company's express authorization, under penalty of legal action.
Any representation or reproduction, in whole or in part, of the Platform and its content, by any means whatsoever, without the express prior authorization of the Company, is prohibited and will constitute an infringement punishable by articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code.
In particular, as a database producer, the Company expressly prohibits :
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitativelysubstantial part of the contents of its database onto another medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form;
- Reproduction, extraction or reuse by any means, including methods similar to scrapping, of content (photographs, descriptions, etc.) published by the Company.
- Acceptance of these GCU constitutes recognition by Users/Customers of the Company's intellectual property rights and an undertaking to respect them.
The Company grants Customers a personal, non-exclusive and non-transferable license to use the Platform and the information contained therein in accordance with these GCU.
Any other use of the Platform and its content is excluded from the scope of this license and may not be made without the express prior authorization of the Company.
Personal data
The personal data collected on the Site and Platform are as follows:
- For website users who have filled in the contact form: full name, e-mail address, telephone number;
- For customers: full name, physical address, e-mail address, telephone number, title, date of birth, diplomas, identity card, criminal record;
- For those wishing to subscribe to the newsletter: e-mail address.
12.1. The personal information communicated by the Customer to the Company is useful for the processing of his registration for a service as well as for the constitution of a customer file for commercial prospecting. Personal information collected by the Customer as part of the Company's performance of Services is processed in compliance with the requirements of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 (RGPD) on the protection of individuals with regard to the processing of data and on the free movement of such data. The information thus collected is subject to computer processing intended to process the Customer's service order. The legitimate basis for the Company's processing of personal data is the performance of this Contract
12.2. Personal data will be processed lawfully, fairly and transparently with respect to the Customer in such a way as to guarantee appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical ororganizational measures.
12.3. Customers are informed of their rights: the right to transparency of information, the right of access and rectification, as well as the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be communicated, in particular recipients who are established in third countries or international organizations; the length of time for which the personal data will be kept or, where this is not possible, the criteria used to determine this length of time; the existence of the right to request from the Company responsible for processing the rectification or erasure of personal data, or a restriction on the processing of personal data relating to the data subject, or the right to object to such processing; the right to lodge a complaint with a supervisory authority; where personal data is not collected from the data subject, any available information as to its source; the existence of automated decision-making, including profiling; the right to rectification and erasure, the right to restriction of processing; the right to data portability; the right to object and automated individual decision-making.
For more information on how we handle your personal data, please consult our Privacy Policy available at the following link: https://neocc.co/privacy.
You can exercise your rights by contacting Mr Maximilien VOHNOUT :
Address: 231 rue Saint-Honoré, Paris 75001, France.
Phone: 0188840303
E-mail address: support@neocc.co
13. Right of withdrawal
The consumer Customer may benefit from a 14-day withdrawal period from the date of acceptance of these GCU and payment for the Services. The Customer may exercise this right by notifying the Company by e-mail at support@neocc.co.
However, the right of withdrawal may not be exercised if performance of the services has begun before the end of the withdrawal period and where (i) the consumer has given his express prior consent for performance of the contract to begin before the end of the withdrawal period; (ii) he has acknowledged that he will lose his right of withdrawal; and (iii) the Company has provided him with confirmation of the consumer's agreement.
14. Validity and modification of the GCU
If any provision of these GCU is found to be invalid by any applicable law or regulation and/or by any court decision having the force of res judicata, such provision shall be deemed to be unwritten, but shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such modification or decision does not authorize Users and/or Customers to disregard these GCU.
These GCU apply to all Users browsing the Platform and to all Customers having subscribed to services offered by the Company.
The Operator reserves the right to modify and update the GCU at any time, in particular to adapt to changes in legislation or regulations.
The applicable GCU are :
- For Users not registered on the Platform: those in force at the time of browsing the Platform;
- For any Customer registered on the Platform: those accepted by him on the Platform (at the time of his registration on the Platform or at the time of his last connection in the event of modification of the latter).
15. Miscellaneous provisions
The fact that one of the Parties has not required the application of any clause of these GCU, whether on a permanent or temporary basis, shall in no way be considered as a waiver of said clause.
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Applicable Law and Dispute Resolution
These GCU are governed by French law.
In the event of a dispute arising between the Company and a User/Customer concerning the interpretation, performance or termination of these GCU, the Parties will endeavor to settle the dispute amicably.
In such a case, the User/Customer is first invited to contact the Company's user service department follows: support@neocc.co
16.1. With regard to Users/Consumers
In the event that no amicable agreement is reached between the Parties, an optional mediationprocedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
Pursuant to Article L 616-1 of the French Consumer Code, the User/Customer who is a consumer within the meaning of the introductory article of the French Consumer Code may, in order to initiate the mediation procedure, contact the mediator appointed by the Company, namely CNPM MÉDIATION CONSOMMATION SAS, which may be contacted as follows:
- Using the online form available on the Consumer Ombudsman's website: https://www.cnpm-mediation-consommation.eu/mediation-consommation-demande.php;
- By post to the following address: Médiateur de la consommation 27, avenue de la Libération, 42400 Saint-Chamond.
Consumers may also have recourse to the European online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements relevant to the dispute and/or its unders tanding.
Since mediation is not compulsory, the User/Consumer or the Company may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVENRISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT.
16.2. With regard to Professional Users/Customers
