PrestaShop designs and sells an open source software solution, distributed under a free licence, which allows its users to create e-commerce websites (the “Solution”) and which is free to download from www.prestashop.com.
PrestaShop gives users of its solution (hereinafter referred to as the “User(s)”) access to the PrestaShop Academy platform (hereinafter the “Platform”), which provides training (“Training” or “Training Course(s)”) on PrestaShop S.A.’s business, products and services. The goal is to offer Users Training Courses that allows them to acquire the knowledge they need to create an e-commerce website.
The Platform features Training Courses produced by PrestaShop and outside trainers, in the form of video.
The Training is aimed at professionals, as defined by the French Consumer Code. Consequently, Users who purchase a Training Course have no right of withdrawal.
ARTICLE 1 – ACCEPTANCE OF AND CHANGES TO THE TERMS & CONDITIONS
All use of the services provided by the Platform is subject to the present Terms and Conditions (hereinafter the “Terms & Conditions” or “T&Cs”).
PrestaShop reserves the right to modify them at any time. Any new version of the Terms & Conditions will be published on the Platform. Users are encouraged to regularly review them. Each updated version of the T&Cs replaces the previous version
The Users’ full and unreserved acceptance of the T&Cs is considered to have been given once they tick the “I agree to PrestaShop Academy’s Terms and Conditions” box when creating an account or purchasing Training.
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
To purchase and access a Training Course, Users must first create an account, following the instructions provided for that purpose. Accounts are free to create and entail no obligation to make a purchase.
Users alone are responsible for protecting the confidentiality of their login information. Each User is considered to be the sole party to hold and use them. PrestaShop declines any responsibility in the event of use of the Platform by a person other than the User or a person authorized by that User who has been given access to the User’s login.
All of the Training is virtual and online. As concerns the Platform, the content it offers cannot be downloaded and so will not be available offline.
Registration on the Platform never expires. Users may close their account at any time. Once an account is closed, the User will no longer have access to any Training they may have purchased. If a User’s account is deleted, they will likewise no longer have access to any Training Courses they may have purchased. Any such Training will not be refunded.
ARTICLE 4 – COURSE CATALOGUE
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. Users who want to take a Training Course can click on “Add to cart” or “Buy now”.
The cost of the Training will be its price on the date of purchase. Prices may be displayed in multiple currencies on the Platform and are exclusive of VAT. Users may be able to take advantage of promotional offers to obtain a discount on the price of their Training.
5.2. Users may pay for the cost of their chosen Training Course(s) by means of the different payment methods offered on the Platform. Users will only have access to Training once it has been paid for in full.
5.3. PrestaShop reserves the right to freeze a payment to allow it to perform the verifications required by law. If a payment is rejected for any reason whatsoever, the User will be notified and the corresponding order will automatically be cancelled.
5.4. If a User makes a payment with the aim of downloading a Training Course, that Training will not be eligible for a refund, unless the grounds for the refund are based solely on a failure on the part of PrestaShop or the trainer.
ARTICLE 6 – 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 7 – INAPPROPRIATE BEHAVIOUR AND CONTENT
7.1. 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.
7.2. 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.
7.3. 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 8 – 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 9 – PERSONAL DATA
9.2. The personal data collected by the Platform may be communicated to data processors such as the company Yunoo, an intermediary that offers services relating to a cloud-based learning management system. Should PrestaShop find itself compelled to transfer any data to a country outside the European Union, it will notify the Users in advance.
ARTICLE 10 – 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 11 – 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 12 – 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 13 – INTERPRETATION
In the event of any difficulties of interpretation between any title of an article and the article itself, the titles will be declared non-existent.