The purpose of the present Terms and Conditions of Use (hereafter « T&Cs") is to define the terms and conditions of access and use of the website and the account - as defined below - made available by the company DATUM ACADEMY, a simplified joint stock company, registered in the BAYONNE Trade and Companies Register under number 843 930 363, whose registered office is located at 97 allée Théodore Monod, 64210 BIDART (hereafter "DATUM"), as well as the rights and obligations of any legally capable natural person, consumer or professional, within the meaning of French law, accessing, visiting and/or using the Website, whatever the network or means used (hereafter the "User").
1. Purpose of the website
The website https://www.datumacademy.com/ (hereinafter the "Website") is a commercial website whose purpose is to present the online training courses offered and/or managed by DATUM (hereinafter the "Programs") and to enable Users to create an account (hereinafter the "Account") and apply for a Program.
The Website is accessible free of charge to any person with internet access. All costs related to access to the Site and its contents, as well as to their use, whether they be hardware, software or internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
2. Acceptance of the T&Cs
Access to and use of the Website and/or the Account are subject to the User's acceptance of and compliance with these T&Cs, whatever the purpose of his visit. By visiting the Website, by using it and/or by creating an Account, the User will be presumed to have read these T&Cs, to have fully understood them and to fully accept all of their provisions without restriction or reservation. If the User does not agree with the T&Cs, he or she must stop using the Website.
DATUM reserves the right to modify and update the T&Cs at any time and without notice. In order to be informed of any changes, the User must refer to the latest version of the T&Cs accessible at any time on the Website before using the Website. Use of the Website and/or the Account shall be subject to the T&Cs in force at the time of such use.
In the event that one of the clauses of the Terms and Conditions of Use is invalid due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the Terms and Conditions of Use.
3. Account Creation and Use
The User who wishes to apply for a Program must create an account to enable him/her to access the application form, complete it and submit it to DATUM (hereinafter the "Account"). To create an Account, the User must have a valid e-mail address.
The User has several ways to create an Account. If he wishes to follow a Micro Credential (GRADEO or BUNDLE), by clicking on "Pursue the Program" he will be directly redirected to a window allowing him to create his account. If his account has already been created, he will only have to log in by entering his information. He can also create his account by clicking on "Login". He is then invited to enter his email address and a password. As soon as the User clicks on "Login", his Account is created and he accesses it automatically. If the User wishes to follow a Master Program (eBIHAR), he can create an account by clicking on « Enroll Now » .
The User undertakes to provide and maintain accurate, up-to-date and complete information about himself/herself. The User may at any time complete and/or modify his personal information from his Account.
The connection identifiers (username and password) are personal. The password of the Account is, moreover, strictly confidential. The User undertakes to keep it secret and not to disclose it, for any reason whatsoever, in any manner and in any form whatsoever, to third parties. In the event of theft or forgetting his password, the User will click on the tab "Forgotten password ? "tab located under the login details entry form. The User will then be invited to create a new password. Alternatively, the User may directly click on the link https://www.datumacademy.com/password/reset.
Under no circumstances shall DATUM be liable for the loss or theft of Account identification elements or their fraudulent use. The User is solely responsible for the use of his Account by third parties and for any actions or statements made through it.
4. Website Availability
The Website, the Account and their contents are accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond DATUM's control and except for interruption, suspension or limitation in the context of maintenance and/or updating operations necessary for the proper functioning of the Site or for any other reason, particularly technical.
DATUM is only bound by an obligation of means concerning the accessibility, operation and/or availability of the Website and its contents. DATUM reserves the right to interrupt, suspend or limit access to all or part of the Website or its contents.
The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without prior warning, and that they shall not give rise to any obligation or compensation for the User.
5. Warranties and Responsibilities
DATUM uses its best efforts to keep the Website up to date and to disseminate accurate and reliable information. However, despite all the care and attention given to the content and information, DATUM cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information provided on the Website.
The information disseminated on the Website is provided by DATUM strictly and exclusively for information and guidance purposes. It is in no way intended to provide advice or recommendations in any way whatsoever and may not be interpreted as such.
The User is the sole master of the proper use, with discernment and spirit, of the Website. No advice or information, whether oral or written, obtained by the User during use of the Website is likely to create guarantees not expressly provided for in the T&Cs or to entail the liability of DATUM in the event of damage of any kind whatsoever caused to the User or to third parties as a result of the User's misuse of the Website and/or the Programs that he subscribes to via the Website, in violation of the provisions of this article and more generally of non-compliance with the T&Cs.
The User is informed that access to the Website implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network. It is therefore incumbent on the User to take all appropriate measures to protect his own data and/or software stored on his computer equipment, as well as the information he communicates to DATUM on the Website, against any attack.
The Website is made available "as is" and subject to its availability, without any guarantee of any kind, implicit or explicit, on the part of DATUM. Without limiting the foregoing, DATUM makes no warranty that the rights of third parties will not be violated, that the Website or its contents (including the Programs) are fit for a particular purpose or that the Website will meet the User's needs, nor does DATUM guarantee that they are free of anomalies, errors or bugs or that they will function without failure or interruption.
To the fullest extent permitted by applicable law, DATUM expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Website or any of its contents, their use, malfunction or unavailability regardless of their nature and duration.
6. Hypertext links
The Website may contain hypertext links to third party websites. DATUM has no control over the content of third party websites referenced by hypertext links. These websites are published by third party companies independent of DATUM. Consequently, DATUM cannot assume any responsibility for the content, advertising, Services, services or any other information or data available on or from these websites. Consequently, the User acknowledges that he/she is solely responsible for access to and use of these sites. DATUM shall not be liable for any proven or alleged damage or loss arising out of or in connection with the use of or reliance on the content, goods or services available on these websites.
The User is not authorized to create a hypertext link to the Website. The creation of links to the Website is only possible with the prior and express consent of DATUM.
7. Intellectual property
The Website, including its general structure, its contents (including in particular the Programs) and the databases it contains, the trademarks, logos, names and other distinctive signs used on the Website, are protected by intellectual property rights (in particular copyright, trademark law, patents, patents, designs and models, database producers' rights, domain name and any other existing or future French and international intellectual or industrial property rights) and belong to DATUM or to third parties who have authorized DATUM to use them.
DATUM does not transfer or grant any right on the Website and its contents to the User, with the exception of a personal right of access, free of charge and non-exclusive, limited exclusively to the consultation of the Website, subscription to the Programs, creation and use of the Account.
It is strictly forbidden to represent, reproduce, extract, reuse and/or exploit the Site or one or more of its contents, in whole or in part, in any form and by any means whatsoever, without the prior written consent of DATUM.
Violation of the foregoing stipulations would expose the offender and any person responsible to the criminal and civil penalties provided for by law, including damages for infringement of intellectual property rights.
The T&Cs come into force as of their acceptance by the User and for the entire duration of access and use of the Website by the User.
In case of creation of an Account, the T&Cs remain in force as long as the User has not requested the contact service of the company DATUM via an email to email@example.com and received a confirmation email. Any use of the Account by the User that does not comply with the T&Cs, and more generally in the event of violation of applicable laws and regulations, DATUM may suspend or terminate by operation of law, without prior notice or compensation, all or part of the User's access to his Account. DATUM may pronounce such suspension or termination without prejudice to all other rights, actions and remedies it may have for the purpose of compensating the prejudice it may have suffered as a result of such breaches.
Upon termination of the T&Cs for any reason whatsoever, the Account will be immediately deactivated.
9. Applicable law and jurisdiction
The T&Cs will be executed and interpreted in accordance with French law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or execution of the T&Cs. To the extent permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.
Notwithstanding the foregoing, the User using the Website and his Account as a consumer, within the meaning of the law and case law, benefits in any event, in accordance with articles L. 612-1 et seq. of the French Consumer Code, from the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute that would oppose him to DATUM. The case must be referred to the mediator within a maximum period of one (1) year from the date of the written complaint sent by registered letter with acknowledgement of receipt to DATUM. The complaint may be submitted by ordinary mail or directly on the mediator's website.
For any information concerning the Website or the T&Cs, the User is invited to contact DATUM by email at the following address: firstname.lastname@example.org or by post, at the address indicated at the top of the T&Cs.