TERMS AND CONDITIONS OF USE OF
PrestaShop ("the Organization") is the designer and publisher of an open source software solution, released under a free license, allowing its users ("Users") to create e-commerce websites (the "Solution"), which can be freely downloaded at www.prestashop.com.
PrestaShop provides Users with the PrestaShop Academy platform (hereinafter the "Platform") intended to sell training courses (the "Training Courses") in remote format. Two types of Trainings Courses are offered, the e-learning Trainings providing the User with online educational content (hereinafter the "E-learning Trainings") and the live Trainings given by a trainer (hereinafter the "Live Trainings"). This Platform offers to the Users Trainings made by PrestaShop or by trainers in video format.
The purchase of the Trainings in face-to-face format (hereinafter the "Face-to-face Trainings") can be made from the PrestaShop Addons website.
The purchase of the Trainings in remote and face-to-face format can also be made by purchase order ("Purchase Order").
The access to the remote and face-to-face trainings requires the creation of an account on the Platform. These trainings are about Prestashop S.A activities and its products or services.
The trainee participating in the training (the "Trainee") is chosen, if necessary, by his company (the "Company").
The objective is to provide the Trainee with Training allowing him to acquire the knowledge necessary to create an e-commerce site.
PrestaShop is a training organization holding the QUALIOPI certification. The Company acknowledges that all certificates issued on the Platform are of an informal nature and that the certificates issued do not have the value of official diplomas or professional certifications recognized by the State.
The Trainings are intended for professionals within the meaning of the Consumer Code.
ARTICLE 1 – ACCEPTANCE OF AND CHANGES TO THE TERMS & CONDITIONS
The use of the Training services offered by the Organization is subject to the present General Conditions (hereinafter the " Terms and Conditions ").
These Terms and Conditions are applicable to the User, if any, to the Company and to the Trainee, wishing to subscribe and participate in the Trainings organized by the Organization.
PrestaShop reserves the right to modify them at any time. The new version of the Terms and Conditions will be made available on the Platform and the Addons website. The User is invited to consult them regularly. The updated version of the Terms and Conditions replaces any previously applicable version.
The User's full and unreserved acceptance of the Terms and Conditions is deemed to have been given when he/she ticks the box "I accept the terms and conditions" when creating his/her account and each time he/she purchases a Training.
In the event that the Trainee is registered for Training by his or her Company, the latter undertakes to ensure that the Trainee complies with these Terms and Conditions.
ARTICLE 2 – PLATFORM ACCESSIBILITY
PrestaShop will make every effort to keep the Platform up and running 24/7, without interruption other than for the purpose of corrective or upgrade maintenance of the Platform or in the case of a force majeure event.
PrestaShop makes no specific guarantees to the Users as regards the uninterrupted operation of the Platform.
PrestaShop accepts no performance obligations in terms of service levels, whether for response time or resolve time. In this regard, PrestaShop assumes only a best efforts obligation.
ARTICLE 3 – USE OF THE PLATFORM
The purchase of and access to Training Courses and Face-to-face Trainings requires the User to create an account by following the procedure indicated for this purpose. The creation of an account is free and without obligation to purchase.
The User is solely responsible for maintaining the confidentiality of his identifiers, he is deemed to be the only one to hold and use them. PrestaShop declines any responsibility in case of use of the Platform by a person other than the User or a person authorized by him/her, having his/her login and password.
The purchased E-learning courses are only available online on the Platform. The content offered on the Platform will not be downloadable and will not be available offline.
Registration on the Platform is without a time limit. The User may unsubscribe at any time. Once unsubscribed, the User will no longer have access to the Trainings purchased in remote format. In the event that the User's account is deleted, the User will no longer have access to the purchased Trainings, which will not be subject to any refund.
ARTICLE 4 – COURSE CATALOG
Users can see the details and prerequisites of the available Training Courses on their individual pages.
PrestaShop has no obligation to advise Users on the suitability of a particular Training Course for their needs. The Users acknowledge and accept this.
Users likewise acknowledge and accept that PrestaShop makes no commitments or guarantees in respect of:
a Training Course’s alignment with a User’s needs;
the absence of malfunctions or bugs in the Training Courses which are, like any computer application, subject to malfunctions, bugs and errors.
ARTICLE 5 – TRAINING PURCHASES
5.1. Price of training courses. The price of a Training is the one mentioned on the day of payment. Prices may be displayed in several currencies and are exclusive of tax. Promotional offers may allow the User to benefit from reductions on the prices of the Trainings.
5.2. Means of payment. Any amount due and not paid shall automatically incur late payment interest at a rate equal to three times the legal interest rate, which shall begin to run the day after the due date specified on the Order Form.
The Trainee may not access the Training ordered until it has been paid for.
In the event of a funding agreement by the Skills Operator (OPCO), the Training must be carried out by the Trainee within fifteen (15) days of the order.
5.2.1 Purchasing training online. The User pays the price of the Training selected using the payment methods offered.
5.2.2. Purchase of training via Order Form. For the purchase of a Training by Purchase Order, the payment is made by bank transfer to the account of the company PrestaShop (RIB attached in annex 2 of the Purchase Order) or by check sent to the following address PrestaShop SA - 4, rue Jules Lefebvre - 75009 Paris.
The price of the Training is due upon signature of the Order Form by the Company under the conditions and within the deadlines detailed in the Order Form.
Training purchased in the face-to-face format takes place on the date and place mentioned on the invoice or Order Form.
5.3. Payment verifications. PrestaShop reserves the right to block a payment in order to proceed to verifications imposed by law. Rejection of payment, for whatever reason, automatically cancels the order, of which the Company and, if applicable, the Trainee will be informed.
5.4. Non-refund of the Training Courses in remote format. The payment made to follow an E-learning Training and/or a Live Training, will not be refunded, unless the reason for the refund is due to failures on the exclusive part of PrestaShop or the trainer as provided in Article 6.1.
5.5. Partial refund of the Face-to-face Training. The payment made for a face-to-face Training, may give rise to a refund of 50% (fifty percent) of the total amount of the educational fees paid, in the event that the Trainee cancels his participation ten (10) calendar days before the Training.
In the event of cancellation by the Trainee less than 10 calendar days before the Training, the total amount of the educational fees paid at the time of signature will be retained in full by the training organization, except in cases of duly recognized force majeure.
ARTICLE 6 - CANCELLATION AND MODIFICATION BY THE TRAINING ORGANIZATION
6.1. Cancellation of the training. The Organization reserves the right to cancel or modify the date of the training at the latest 10 calendar days before the beginning of the training, in particular in case of insufficient number of participants in the training or in case of force majeure recognized by the French law.
In the event that the Organization decides, for any reason whatsoever, to modify the date and/or location of a Training session, the modification will be notified by the Organization to the Trainee by email.
In the event of non-performance or partial performance of the Training Course by the Training Organization, the latter shall reimburse the Trainee (or the Company, where applicable) for any sums unduly paid as a result, in accordance with the provisions of Article L.6354-1 of the French Labor Code.
6.2. Postponement of the training. The Organization reserves the right to postpone the Training. In this case, the Organization will contact the Trainee to agree on a new training date. If the Trainee is unavailable on the new dates, the Trainee (or the Company, if applicable) may request a refund of the sums paid under the conditions detailed in Article 6.1.
ARTICLE 7 – INTELLECTUAL PROPERTY
PrestaShop holds all the intellectual property rights relating to the Platform, including the software platform, the graphics presented on it, the Training and the content.
PrestaShop will retain all rights, title and interest in or to all of the intellectual property rights for the software, the documentation and all of the open source software’s and the Platform’s materials (including trademarks, brand names, logos, domain names and copyrights) (the “intellectual property rights”) that are provided or accessible to Users as part of the services rendered by PrestaShop for the sole purpose of the present agreement. To that end, the Users agreeS to refrain from using the PrestaShop brand name as part of a domain name.
These T&Cs do not involve any transfer of ownership to the Users. Consequently, the Users agree not to harm in any way the intellectual property rights held by PrestaShop.
ARTICLE 8 – INAPPROPRIATE BEHAVIOR AND CONTENT
8.1. In accordance with its values, PrestaShop makes its Platform available to trainers and Users for lawful uses only. To that end, all speakers – trainers and Users alike – must behave appropriately, respectfully and courteously and must adhere to all applicable legal provisions, of which they are considered to be fully aware.
Likewise, in order to preserve the integrity and proper functioning of the Platform, all speakers, trainers and Users must refrain from using the Platform in a way that could damage or impair the features, security system or any other component of the Platform.
8.2. PrestaShop reserves the right to remove any Training that does not align with PrestaShop’s values and/or comply with applicable legislation. PrestaShop also reserves the right to restrict access to the Training, as concerns certain ancillary functions.
8.3. Consequently, in the event of non-compliance with these Terms & Conditions, PrestaShop reserves the option of applying a variety of sanctions, ranging from a simple warning to the suspension of use of the Platform.
ARTICLE 9 – ABSENCE OF LIABILITY FOR PRESTASHOP IN THE TRAINER-USER RELATIONSHIP
Users and trainers alone are responsible for the personal information they exchange during their interactions. PrestaShop has no control over communication between trainers and Users. Consequently, it declines all responsibility in the event of a dispute.
ARTICLE 10 – PERSONAL DATA
10.1. PrestaShop collects personal data about you as part of this contractual relationship. This data is necessary to allow you to benefit from our training courses, to receive invoices, to be put in contact with our trainers.
10.2. Within the framework of the training provided by PrestaShop, the Parties are considered as separate Data Processors.
In the event that certain personal data is provided to one or the other of the Parties to the Agreement, each of the Parties undertakes to process such data in accordance with the Regulations in force.
10.3. In the context of Training provided by a third party trainer, your data may be transferred to them in order to allow you to participate in the subscribed Training.
ARTICLE 11 – INDEPENDENCE OF THE PARTIES
PrestaShop and the Users are and will remain independent of one another. No stipulation contained in these T&Cs was written with the purpose or the end result of establishing any partnership, mandate, representation or subordination between PrestaShop and the Users.
ARTICLE 12 - COMPLAINTS
Any complaint relating to the participation of the Company or the Trainee in the Training must be sent by registered letter with acknowledgement of receipt to the following address PrestaShop - Service Formations - 4, rue Jules Lefebvre - 75009 Paris, within 10 (ten) days after the Training session.
After this period, no claim will be taken into account.
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
These Terms & Conditions are governed exclusively by French law.
Any dispute that may arise as a result of the interpretation or execution of these T&Cs, or that may ensue herefrom, will first be submitted to a mediator at the request of the first mover, before being brought before a judicial or arbitration authority. If the mediation should fail, the dispute will be subject to the sole jurisdiction of the Commercial Court of Paris, including in cases involving multiple defendants or the introduction of third parties.
ARTICLE 14 – NON-WAIVER
If either party decides not to enforce any of the provisions set out in these T&Cs, this will not be considered as a waiver of enforcement of that clause.
ARTICLE 15 – INTERPRETATION
In case of difficulty of interpretation between any of the titles and the content of any article, the titles will be declared non-existent.
If one or more stipulations of the present General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final judicial decision, the other stipulations shall retain all their force and scope.
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