Terms and conditions of use
The LAFAAAC Platform
Platform and Services Operator, contact
The Platform and Services are operated by L'Académie Franco-Anglophone des Arts Audiovisuels et du Cinéma ("LAFAAAC"), a SAS with share capital of 10,000 euros, registered with the Paris Trade and Companies Registry under no. 832 737 464, whose registered office is located at 17 rue SaintFiacre 75002 Paris (hereinafter "LAFAAAC"). LAFAAAC can be contacted at the following address, notably for any complaints:
Postal address: 24 rue de l'Est, c/o La Ruche - 75020 Paris 37 avenue TrudainePostal address: 24 rue de l'Est, c/o La Ruche - 75020 Paris
Phone : +33 7 56 85 91 51
Mail : firstname.lastname@example.org
Access to the Platform and Services
The Platform and Services are accessible to: - Any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Platform and Services with the consent of their legal representative. - Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
Acceptance of terms and conditions
Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Platform or use the Services.
Registration on the Platform
The use of the Services requires the User to register on the Platform, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated. Registration automatically leads to the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which makes it possible to manage its use of the Services in a form and according to the technical means that LAFAAAC deems most appropriate to render designated Services. The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature. It is up to him to update his information via his Personal Space. He undertakes to update this information in his Personal Space in the event of modifications, so that they always correspond to the aforementioned criteria. The User is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity. The information entered by the User is binding upon validation. The User is informed of the validation of his registration via a confirmation email sent by LAFAAAC to the email address or Whatsapp number he provided when registering. LAFAAAC reserves the right to request other information from the User in the event that the latter retains access to additional functionalities. The User can access his Personal Space at any time after identifying himself using his login and password. The User undertakes to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility. He is also responsible for maintaining the confidentiality of his username and password, everything on the Platform using the latter having been carried out by the User. The latter must immediately contact LAFAAAC at the contact details indicated in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that LAFAAAC has the right to take all appropriate measures in such a case.
Description of Services
The User has access to the following Services, in a form and according to the functionalities and technical means that LAFAAAC deems most appropriate.
The User has access to the different types of Training Services defined below:
- Free training content Creating an account gives the User access to free training content, accessible via a catalog.
- Paid training content Creating an account enables the User to access content in several ways:
- Or via a unitary purchase of training relating to a specific profession, which the User may access as many times as he wishes, for a period of one year from the date of purchase. Access to training is non-transferable and individual.
- Or via the purchase of a training package relating to a specific profession, which the User may access as many times as he or she wishes, for a period of one year from the date of purchase. Access to the training package is non-transferable and individual. - Or via a subscription allowing the User unrestricted and unlimited access to all the training courses offered by LAFAAAC on the Platform.
Information on LAFAAAC content and the creative industries market The User also has access to information on the training content and Services offered by LAFAAAC via his "wall", which is his personal space. On this wall, LAFAAAC also provides the User with information (articles, reports, etc.) on the creative industries market.
Support and assistance LAFAAAC offers Users a support and assistance service in the event of technical problems related to access to training, following subscription to the Services, accessible using the following address: email@example.com This support and assistance service is accessible from 10am to 5pm, on working days.
Other Services LAFAAAC reserves the right to offer any other Services it deems useful, in a form and according to the functionalities and technical means it deems most appropriate for rendering said Services.
Financial terms and conditions
The prices of the Services are indicated on the Platform. The User may only access the Services once the total price of the Services has been paid by the User. Unless otherwise stated, they are expressed in Euros and include all French taxes. LAFAAAC reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
The prices referred to in article 7.1 may be revised by LAFAAAC at any time, at its own discretion. The User will be informed of these modifications by LAFAAAC by any useful written means (and in particular by email and Whatsapp): - at least 1 month before the new prices come into effect with regard to the prices of training courses and training packages subscribed to via a unit purchase; - at least 3 months before the new prices come into effect with regard to the price of the subscription allowing unlimited access to all the training courses offered by LAFAAAC on the Platform. The new rates apply as soon as they come into force. Invoicing Services are subject to invoicing, which is communicated to the User by any useful means.
Terms of payment
The price of the Services is payable when the order is placed. Payment may be made online, by credit card, through the secure online payment service Paypal, or by any other means proposed on the Platform at the time of ordering. The User guarantees LAFAAAC that he/she has the necessary authorizations to use the chosen method of payment. Set-off The User expressly accepts that all obligations to pay sums of money arising between him and LAFAAAC, which are not subject to dispute as to their due date and amount, shall be set off against each other, ipso jure and without formality, whether or not the conditions for legal set-off are met. This set-off shall not, however, have the effect of releasing the parties from their accounting obligations, in particular with regard to the issue of invoices.
Late payments and payment incidents
The User is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically entail, without prejudice to the provisions of the articles relating to the sanctioning of breaches and the termination of Services, and upon the first presentation of a formal notice by registered letter with acknowledgement of receipt: (i) the acceleration of all sums owed by the User and their immediate payment; (ii) the immediate suspension of Services in progress until full payment of all sums owed by the User; (iii) the invoicing to LAFAAAC of late payment interest at the rate of 1.5 times (one and a half times) the legal interest rate, based on the amount of all sums owed by the User.
Express waiver of the right of withdrawal
Users are informed that a right of withdrawal applies in principle to contracts for the provision of services concluded at a distance between a professional and a consumer, and that this right must be exercised within 14 (fourteen) days of the conclusion of the contract. However, they are expressly informed and accept that the Services are provided to them as soon as they register, and are therefore fully executed before the end of the aforementioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which may not be exercised, in accordance with article L.221-28 of the French Consumer Code.
The User acknowledges and expressly accepts: (i) that the data collected on the Platform and LAFAAAC's computer equipment are proof of the reality of the operations carried out within the framework of the present contract, (ii) that this data constitutes the main method of proof accepted between the parties, in particular for the calculation of sums owed to LAFAAAC. The User may access this data in his Personal Area.
Obligations of the User
Without prejudice to the other obligations herein, the User undertakes to comply with the following obligations. In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. The User acknowledges that he/she has familiarized himself/herself on the Platform with the characteristics and constraints, particularly technical, of all the Services. He alone is responsible for his use of the Services. The User undertakes to make strictly personal use of the Services. Consequently, the User agrees not to assign, concede or transfer all or part of his rights or obligations hereunder to a third party, in any manner whatsoever. The User undertakes to provide LAFAAAC with all information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with LAFAAAC for the proper performance of the present. The User expressly authorizes LAFAAAC to use his/her Profile image, for purposes of illustration on the Platform or promotion thereof, by any means and on any medium, for the entire world, for the duration of the User's registration on the Platform. This authorization is granted free of charge. The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary; no copy will be supplied to him.
The User indemnifies LAFAAAC against any and all claims, complaints, actions and/or demands that LAFAAAC may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions. The User undertakes to compensate LAFAAAC for any loss it may suffer and to pay all costs, charges and/or judgments it may incur as a result.
It is strictly forbidden to use the Services for the following purposes: - the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties, - the threat to public order or the violation of laws and regulations in force, - intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security, - the sending of unsolicited emails and/or prospecting or commercial solicitation, - manipulations intended to improve the referencing of a third-party site, - aid or incitement, in any form and in any way whatsoever either, to one or more of the acts and activities described above, - and more generally any practice diverting the Services for purposes other than those for which they were designed. Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the LAFAAAC Platform. The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into LAFAAAC's systems, (iii) any misappropriation of the system resources of the Platform, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and interests financial, commercial or moral of LAFAAAC or users of its Platform, and finally more generally (vii) any breach of these general conditions. It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Platform, as well as to the information hosted and/or shared there.
Penalties for non-compliance
In the event of a breach of any of the provisions of these terms and conditions or, more generally, an infringement of the laws and regulations in force by a User, LAFAAAC reserves the right to take any appropriate measure and in particular to: (i) suspend access to the Services of the User who has committed or participated in the breach or infringement, (ii) delete any content posted on the Platform, (iii) publish on the Platform any information message that LAFAAAC deems useful, (iv) notify any relevant authority, (v) take any legal action.
LAFAAAC's liability and warranty
LAFAAAC undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users expressly recognize and accept. . LAFAAAC declines all responsibility in the event of any loss of information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this respect. LAFAAAC undertakes to carry out regular checks in order to verify the operation and accessibility of the Platform. As such, LAFAAAC reserves the right to temporarily interrupt access to the Platform for maintenance reasons. LAFAAAC can not be held responsible for temporary difficulties or impossibilities of access to the Platform which would have for origin of circumstances which are external to it, force majeure, or which would be due to disturbances of the telecommunications networks. LAFAAAC does not guarantee to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations. proven direct damage suffered by the User
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by LAFAAAC within the Platform are protected by all intellectual property rights or database producers' rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of LAFAAAC are strictly prohibited and may be subject to legal action.
LAFAAAC's personal data protection policy is described in the document entitled "Personal Data Protection Charter", which the User is expressly invited to read.
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party of which it is the recipient and which are expressly identified by the other party as being confidential. In the case of LAFAAAC, the parties expressly agree that this obligation of confidentiality covers the personal data that LAFAAAC may process for the User in the context of the Services. All such information is hereinafter referred to as "Confidential Information". The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of five (5) years from the end of the performance of the Services concerned. It may not pass them on to employees, collaborators, trainees or consultants unless they are bound by the same obligation of confidentiality as that set out herein. This obligation does not extend to documents, elements, data and information: (i) of which the party receiving them already had knowledge; (ii) which were already public at the time of their communication or which would become public without breach of these terms and conditions; (iii) which have been lawfully received from a third party;
LAFAAAC reserves the right to insert on any page of the Platform and in any communication to Users any advertising or promotional messages in a form and under conditions of which LAFAAAC shall be the sole judge.
Duration of Services, Unsubscription
The Services are subscribed to in the form of a subscription (hereinafter referred to as the "Subscription"). The Subscription begins on the day of subscription, subject to payment of the price in accordance with article 7.1, for a period of one year from the date of payment. The Subscription may only be renewed at the User's express request, and subject to payment of the price due for the Subscription by the User on the Platform. Termination of the Subscription by the User is effected via his/her Personal Space, but will not be subject to any reimbursement whatsoever. LAFAAAC will cancel the Subscription by sending an email to the User. Any Subscription Period begun is due in full.
LAFAAAC reserves the right to modify these terms and conditions at any time. The User will be informed of these modifications by any useful means. Any User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 19. Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.
The User has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with LAFAAAC concerning the performance of the present contract, under the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code. To this end, he/she may contact the following consumer mediator: Center de médiation et de règlement amiable des huissiers de justice (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris E-mail address: firstname.lastname@example.org Telephone: 01 49 70 15 93 https://medicys-consommation.fr/ In the event of a complaint by a European consumer, who has not found an amicable solution with LAFAAAC's customer service, the said consumer may use the European platform for the settlement of consumer law disputes accessible at the following url address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Applicable law and jurisdiction
These terms and conditions are governed by French law. In the event of any dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.